October 10, 2016 Summary

MARION CITY COUNCIL MEETING

City Hall – Council Chambers on October 10, 2016, 7:30 PM

ROLL CALL - 9 members answered – Mr. Cumston, Mr. Ratliff, Mr. Thomas, Ms. Blevins, Ms. Cunningham, Mr. Huddle, Mr. Daniels, Mr. Norris, Mrs. Gustin; Dr. Gray is absent

 

PRAYER LED BY MR. SWINGLE FROM FAMILY LIFE CHURCH

 

Summary of Proceedings from September 26, 2016 – Mr. Cumston moved to approve, Ms. Gustin 2nd. Roll call: Ayes all, motion carried. Summary is approved.

 

OLD BUSINESS:

 

ORDINANCE 2016-68:

ORDINANCE AMENDING CHAPTER 109 CONTRACTS AND PURCHASES BY ADDING SECTION 109.03 RENEWAL OF CONTRACTS

          Mr. Daniels said that this came out of Legislation Codes with a 3-0 recommendation for approval, tonight we’ll have a second reading. 

          ORDINANCE 2016-68 HAS RECEIVED IT’S SECOND READING

 

NEW BUSINESS:

 

RESOLUTION 2016-22:

RESOLUTION CONFIRMING THE APPOINTMENT, BY CITY COUNCIL OF AN INDIVIDUAL AS A MEMBER OF THE BOARD OF THE ENERGY SPECIAL IMPROVEMENT DISTRICT (“ESID”)

          Mr. Ratliff said this came out of Jobs with a 2-0 recommendation for approval, this is placing Matt Farson, Dean of MTC on the ESID Board, I’ll move to suspend, Mrs. Gustin 2nd. Roll call: Ayes all, motion carried.

          Mr. Ratliff moved to adopt, Mr. Daniels 2nd. Roll call: Ayes all, motion carried. RESOLUTION 2016-22 IS ADOPTED

         

ORDINANCE 2016-69:

ORDINANCE AUTHORIZING AND DIRECTING THE SERVICE DIRECTOR TO ENTER INTO CONTRACT WITH BURNS AND SCALO OHIO, INC. FOR THE 2015 FY CDBG REC CENTER ROOF PROJECT AND DECLARING AN EMERGENCY

Mr. Ratliff said this came out of Jobs with a 2-0 recommendation for approval. We had budgeted 12,000 for this project out of a 2015 grant. The roof that’s on there had a partial warranty, had to get a contractor who was licensed with the maker of the product. It came under the budget, $10,953.00. I’ll make the motion to suspend, Ms. Cunningham 2nd; Roll call: Ayes all, motion carried.

Mr. Ratliff moved to adopt, Mr. Norris 2nd. Roll call: Ayes all, motion carried. ORDINANCE 2016-69 IS ADOPTED

 

ORDINANCE 2016-70:

ORDINANCE AUTHORIZING AND DIRECTING THE SERVICE DIRECTOR TO ENTER INTO CONTRACT WITH HUNT’S FENCE INC. FOR THE 2015 FY CDBG LINCOLN PARK FENCE PROJECT AND DECLARING AN EMERGENCY

Mr. Ratliff said this came out of Jobs with a 2-0 recommendation for approval. It came out of Committee to pass onto Council with the caveat “not to exceed 32,000”, there was some other projects out there being paid by other entities. The bid came in at 33,000, we budgeted 32,000, cut off the portions paid by the Leadership Committee, our portion came out to 29,995.00. Under section 1 line 3 – wanted to reflect it to say “in the amount not to exceed 32,000.00. I’ll make the motion to amend that section, Ms. Cunningham 2nd. Mr. Huddle asked about the fencing, does it include every ball diamond.

Ms. Cummings spoke: believe it includes all of them with the exception of Lincoln Field and 2 T-ball fields. The other organization will be paying for.  Mayor said this dollar amount if going to get done first. The Leadership Class has a way to go with the fundraising to finish it off.

Roll call for amendment: Ayes all, motion carried.

Mr. Ratliff moved to suspend, Mr. Huddle 2nd. Roll call: Ayes all, motion carried.

Mr. Ratliff moved to adopt, Ms. Gustin 2nd. Roll call: Ayes all, motion carried. ORDINANCE 2016-70 IS ADOPTED AS AMENDED

         

ORDINANCE 2016-71:

ORDINANCE AUTHORIZING AND DIRECTING THE SERVICE DIRECTOR TO PREPARE PLANS AND SPECIFICATIONS AND ADVERTISE FOR BIDS FOR THE FY 2016 CDBG GRANT PROJECTS

          Mr. Ratliff said this came out of Jobs with a 2-0 recommendation for approval. This does the S&B for the pool repairs and the paving of the senior parking lot and pickleball courts. I’ll move to suspend, Mr. Cumston 2nd. Roll call: Ayes all, motion carried.

          Mr. Ratliff moved to adopt, Mr. Norris 2nd. Roll call: Ayes all motion carried. ORDINANCE 2016-71 IS ADOPTED.

 

ORDINANCE 2016-72:

ORDINANCE AUTHORIZING THE PUBLIC WORKS DIRECTOR TO ENTER IN TO CONTRACT FOR THE PURCHASE OF FUEL AND PAINT, AND DECLARING AN EMERGENCY

Mr. Cumston said this came out of Finance with a 3-0 recommendation for approval, this is our bi-annual contract for fuel and paint, our current contract expires at the end of October; I’ll moved to suspend, Ms. Cunningham 2nd. Roll call: Ayes all, motion carried.

Mr. Cumston moved to adopt, Ms. Cunningham 2nd. Ms. Gustin asked if these numbers are comparable with the past numbers. Mr. Cumston said yes, it’s a margin call on fuel. $1.96 for diesel – that price will fluctuate, they bid on the margin. Paint is just a bid price. Mr. Bischoff said it’s a bid on 5 gallon pails. It’s a couple dollars’ difference.

Roll call for an adoption: Ayes all, motion carried. ORDINANCE 2016-72 IS ADOPTED

         

ORDINANCE 2016-73:

ORDINANCE AUTHORIZING THE SERVICE DIRECTOR TO DISPOSE OF 1 BUS PREVIOUSLY UTILIZED BY THE TRANSIT DEPARTMENT AND DECLARING THEY ARE NO LONGER NECESSARY FOR ANY PUBLIC PURPOSE AND DECLARING AN EMERGENCY

          Mr. Cumston said this came out of Finance with a 3-0 recommendation for approval, this bus was inadvertently left off on the ordinance. It was sold at auction; this will allow transfer of title. I’ll move to suspend, Ms. Cunningham 2nd. Roll call: Ayes all, motion carried.

          Mr. Cumston moved to adopt, Ms. Blevins 2nd. Mr. Huddle asked about the requirement of being replaced. Mr. Cumston said they are replaced. One bus for bus – I don’t know. Mr. Robbins said we have a rotation basis; we try to replace 2 a year through the Federal Fund. Mr. Huddle didn’t realize how many use these buses. Mr. Cumston said they do use them a lot.

Roll call for adoption: Ayes all, motion carried. ORDINANCE 2016-73 IS ADOPTED

 

Matters no on the Agenda:

 

Mr. Daniels said we’d like to speak on the issue on Greenwood St.

Mayor Schertzer said we’ve been in several conversations with the Greenwood Group. They contracted a private arborist to come in and look at the trees. The City also hired another arborist (besides Mike Cheney). We got together today and compared notes. Some consensus was made. Some of them could come down, based on the scope of the project. ADA compliance with the sidewalks. New sewers, sidewalks, curb and gutter, we may be putting the city in some liability and risk if something should happen with the ADA compliance. Sewer is under guidelines and strict supervision with the Ohio EPA – sewer separation. Right now the sewers are stacked one on type the other. They have to be side by side, with so much room and certain materials in between. These are the things that we had to look at. This project has been before this body, January 28 of this year. 6 different ordinances, this project has come before this governing body. I know the trees are an emotional issue, I’m sorry I can’t save them all. We collaborated and compromised with a core group and saved as many as we could – somewhere around 6; that means 6 are coming down, not including the tree trunk – which is already deceased. This is not a sidewalk project – it’s a sewer project. Raw sewage in backyards on Greenwood St., we have to put in a new sewer – the bottom line.  Don’t be surprised if we come to you with change orders because we are working around the trees. I want you to know that. I’m concerned about whether we get it paved in time. The bridge was never in question. We’ve been working hard with ODOT to preserve the bridge as it is. ODOT considers it as a bridge. One side is hollowed out, on the west side it was filled in. We need to fill it in completely, to take it off ODOT list of bridges. We will maintain the integrity of the walks, arches. We discussed of replanting of trees, raising private donations.   

          Ms. Gustin asked about the 5, 1 and 11 trees- possible to make a curbing sidewalk in and out of the trees with a wheelchair? Avoid taking down 1 and 5. Mr. Bischoff said on the Exhibit the Arborist said Tree #1 sits on top of our sewer. The Church doesn’t know where their lateral comes out. That tree has caused a lot of issues with the sidewalk – it is the largest root base, in my opinion it should go. Ms. Gustin said you could curb it out, and the Church is willing to do an easement. Mr. Bischoff said I’m 95% sure that it sits on top of the sewer. Mr. Daniels said you can sensor the lateral. Mr. Bischoff and Mr. Daniels looked over the map. Mr. Daniels said to find out where their lateral comes out. Mr. Daniels said 3 trees should be removed – they are dead, #5 – move the sidewalk to the west, grant an easement with the Church. Put a park bench on the east. Those are my thoughts. Ms. Gustin asked about #11 – the shape. It has the V trunk. Mr. Bischoff said that was not one that was on our list to be removed. We will leave #11.

          Mr. Ratliff asked how much was the arborist the City hired? Mr. Bischoff said an estimate of $450.00 – it came in under that. Mr. Ratliff asked about the “over budget” remark, do we have an idea? Mayor Schertzer said I’m not saying that it will be, with the modifications of saving trees, that could entail more time on the job. I don’t know what types of equipment they will bring in. 60 days to do a job, 65 because we modified the scope, those 5 days may cost us something. That might be an example.

          Mr. Thomas asked Jim – S&B this and brought it back to Council – do we have money to fudge around with it. Mr. Bischoff said he doesn’t remember, OPWC money we are dealing with and other factors.

          Mr. Daniels said to save the trees, you’d have to eliminate the concrete curb, correct? Mayor Schertzer said your guess is as good as ours. Mr. Daniels said if the curb is eliminated and the cost of not moving the trees, you are taking money off the contract price. You don’t create obstructions with the contractor.

 

          Louise Rickey 339 Durfee, our property backs up to Greenwood.  Scott from the Church is letting an easement to come over. That’s not a problem.  The City has another foot of their own. We kind of agreed on everything else. Some of the sidewalks heaved up. I wish they can be moved some way, maybe by moving them, might safe them. They are beautiful trees, the are 113 years old, the King Mansion planted them, they can live to be 250 years old. Sycamores have a long life span. That that is what our concern is. Mr. Thomas said your group has agreed of what we said. Mrs. Rickey said yes, we don’t want sewage in anybody’s back yard, but I’d like to see if we can save as many trees as we can. Mr. Thomas said we are in agreement here, it’s just a little piece to take care of. Mrs. Gustin said we weren’t thinking about the trees, we need to reevaluate it more, I don’t want to be on the group that got rid of the trees, we didn’t know the trees were part of the issue. We need to make an effort to safe as many as we can.

Mr. Thomas asked Ms. Gustin if you are in agreement with that. Ms. Gustin said if we can save 1, 5 and 11, that would be fine. The rest that are rotten, they need to come down. Mrs. Rickey asked what was the projected start of the project? Mr. Bischoff said they are ready to move equipment after pre-construction meeting. Delay start will end in a delay finish.

Joell DeFranks – not part of the Greenwood Group – I do like the trees. They don’t plant a lot of trees in this town. It takes years to grow a beautiful tree. We had sewer work done on our property about 5 years ago, the tree was still good.

Sulu Kelley question of the arborist – either of them gave specifications of what was to be done. How much you’re going to dig up. Mr. Bischoff said the City one was factored in. Ms. Rickey said our didn’t know. 

Scott – chair of the trustees of Central Christian Church. We know the sewer has to be fixed. Our own building as a problem. If there is any way of saving the trees by moving things, we’d appreciate it. Some of the trees are good and healthy. Anything we can do to help that, please let us know. We are willing to give an easement to the City. We would maintain the easement area. We are anxious to save as many as we can.

Mr. Daniels said is the City willing to take up the subject of the easement with Scott? Mayor Schertzer said that was discussed with the group today. We did note that both groups the root structures come out well into the West of the yard in Central Christian Church. Moving it 6’ maybe enough; what are you creating moving it that far. Pillars in the walkway, we don’t want to touch those structures at all. We will continue the dialogue of an easement expansion.

Sulu Kelley asked acquisition of property, would that be in Council. Mr. Russell said we are not purchasing it. It’s quite ordinary to have temporary easements.

Mr. Huddle asked if either of the arborist – easement given and the sidewalk moved back, possible root damage if moved. Maybe last a few years, root system gets damaged. Ms. Rickey said we can ask them. It would be to have the easement in the long run, but if it affects the trees with damage, it could possibly look at the life of the trees. Mayor Schertzer said we’ll provide you with both copies of the arborists. If we maintain the scope of the work, do the trees continue to live another 125 years, maybe that’s a question nobody knows.

Mr. Daniels said there is all about talk of roots – cutting roots all the time – not one dead tree. They are resilient. If we can get passed that worry, we just don’t want the sidewalks to heave up and let them live another 100 years old.

Louise Rickey, 339 Durfee spoke again – I’ve given this to Scott too. This came from Robin Loreno, some type of rubber in this sidewalk. It might be more, it’s something to be looked at.

Mayor Schertzer again spoke on Treat or Treat – it is on October 31, 2016 @ 5:30 – 7:30 p.m.

 

COMMITTEE DATES:

 

Finance                  10/18  @ 6:30 pm

Streets & Sewers    10/18  @ 6:40 pm

Regional Planning   10/19  @ 7:00 pm County Bldg.

                   

With no further business to come before Council, Dr. Gray adjourned the meeting.

 

                                                            ____________________________                                                            Dr. Scot Gray                                                                                          President of Council

_________________________   

Clerk of Council