July 11, 2016 Summary

MARION CITY COUNCIL MEETING

 

 

City Hall – Council Chambers on July 11, 2016, 7:30 PM

 

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

 

PRAYER LED BY PASTOR TIM ERRINGTON FROM FAMILY LIFE CHURCH

 

PLEDGE OF ALLEGIANCE LED BY EAGLE TROOP #3

 

Ms. Blevins introduced Tyler McAfee from the Eagle Scout Troop #3: He spoke  of the shelter he had built at Olney St. Park.

 

Chief Collins, Lt. Gruber, Gary Barber and Amy Woods of Marion City Schools spoke on the project that will be implemented in the City shortly….“Too Good for Drugs”.

 

Summary of Proceedings for June 27, 2016, Mr. Thomas moved, Ms. Blevins 2nd. Roll call: Ayes All, motion carried. Summary is approved.

 

OLD BUSINESS:

 

ORDINANCE 2016-47:

ORDINANCE AMENDING MARION CITY CODE CHAPTER 159.01 AND 159.02 COMPOSITION; QUALIFICATIONS FOR BOARD OF AIRPORT COMMISSIONERS

          Mr. Ratliff said this came out of Committee with a 3-0 recommendation and will have a 2nd reading tonight.

          Mr. Huddle said I spoke with many people out at the Airport, I think it runs very well, changing to 5 members, I don’t see taking away any of the diversity. If we pick these people at large, those qualifications will be out the window, correct. 

          Mayor Schertzer said that is correct. The 5 board members that are here tonight are those board members. These members will most likely be those members. All these gentlemen fit those qualifications right now. Under future administration’s that will be true. I would ask them first if they want to stay on. Mr. Huddle said it sounds to me that this big change doesn’t have to happen. Mayor Schertzer said I can’t speak of future administrations.

          Mr. Daniels said the qualifications are so tight knit it cuts the chances of people. A Farmer, a member of Chamber of Commerce, not needed, regardless of the background, I would support this. Mr. Thomas said we still have that ability to bring it before Council. Mr. Huddle said it doesn’t require our support. It’s crossed out. Mr. Thomas said if we have a concern, we should have that back in there then. Mr. Huddle said that would make me feel better. Mrs. Gustin said there is one above that one also, about the Airport Commissioners, they should be kept in there as well. Mr. Norris said he agrees.

          Mr. Ratliff said I think this is the 3 at large members recommended by the current board. Now what we are making 5 positons all at large. There is no reason for the other 7 board members to recommend 3 at large – there is all 5 at large. That’s the way I read that. 10 to 5 – make them at large, it makes sense to take that out. Mr. Norris said I have a problem with 5 people, I do believe that the board should have some power. It takes the power away from everyone except the Mayor.

          Mr. Daniels said I’m with Ayers on this one. That Section just calls out members from the remaining 7 and under the new one – you have 5 try to recommend 5 that aren’t even members. Mr. Ratliff said 7 doesn’t exist anymore, we are cutting it to 5 members. Mr. Norris said how about we ask the commissioners their opinion.

          Brian Clark, Chair of Airport Commission spoke about the procedure of picking persons. Ms. Blevins why do you want to get rid of the approval of Council? Mr. Clark said the language says that the commission is not recommending that. Ms. Blevins asked if you had a chance to go over this? Mrs. Clark said we have discussed it 2 weeks ago, but have not had a formal resolution to oppose or promote.  We knew that there was some discussion, the language is somewhat complicated. There was intention to set up a diversity membership. The at large change was changed a few years back. There was some cleaning up and simplification, but we didn’t get a chance to see it before it went to Council. Ms. Blevins said you are the professionals. Mr. Clark said we act as a filter for administration and Council. We generally don’t get involved in politics. We may have been on the outside of legislative process. We meet once a month, some large gaps with meetings.

          Mr. Daniels said this involves a building of boards and how that should be done. There are cases in which this Council has sent someone in and they knew no one on that Board. If that board had to approve its members, that would defunct the system. Group think. We get into a tight group, no outside influences on decisions, we start doing things in a certain way. We have one way of doing it. Then this new person comes along, at the end most times, a new way of looking of things.

          Mr. Clarks said he understands – any action we take still has to go through administration and/or Council. Mr. Daniels said this makes you make the recommendation. The Mayor can’t approve until you make that recommendation. Mr. Clark said the Code predates my time in 1993. Probably dates back to 1950. We have an excellent airport. Mr. Daniels said I’m going to assume the Mayor will keep the same people that’s on the board now. The next Mayor will probably ask you to serve on another term.

          Mr. Ratliff said there are 3 branches of gov’t. This board serves under the Executive Branch, it is not our board it’s the administration board, and the person on top of the list is the Mayor. As a legislature body, the top executive comes and says my board would work better, I feel it’s like this. I feel I’m over stepping my bounds as a legislative branch. There are 6 members now.

          Mayor Schertzer said he did have a conversation with the 6th board member and would voluntarily and not stand for another term. Mr. Ratliff said with the balance of powers, our balance is we confirm or not the appoint the commission, that’s an important balance check between the branches of government, I feel that stops. I will go with the administration has proposed before us. Mr. Thomas said he agrees with Mr. Ratliff. Because of the requirements, I see some of the other are pretty tough to fill. Mr. Clark said there are a total of 10 with a BZA appointment, they couldn’t fill it. We have nine. We do have 2 candidates that have asked to be appointed to put us in a positon of 7, 6 is a good functional size.  Mr. Thomas said in seeing that, my position would be amend the appointment by the Mayor would be with the Consent of Council. Mr. Clark said the commission is not really concerned about the size. We would like to have some input on who we are working with. It’s made the commission functionally. When we are looking to find someone with a spot, we are trying to find somebody – try to get a feel for skills and personality we will be working with. We never had any conflicts with anybody. The track record speaks well. The airport is performing well. In the future the changes that we work now, it might not work as well then.

          Mr. Ratliff said with consent of Council – will make a motion to be consisted throughout the Ordinance “With consent of Council” to stay in.  Mr. Thomas 2nd. Mr. Daniels asked when will this take effect? Mr. Clark said we do our re-appointments in May. They are staggered 3 of us are up in May. Roll call: Ayes all, motion carried. Ordinance 2016-47 has received its first reading as amended.

          Mr. Russell said any member currently in positon – it does not remove any member; they would carry on until May with the 3 appointments.

          Mr. Norris said the Airport is running pretty well, I would also like to amend about the Airport Commission stricken from the record – be put back in. Mr. Ratliff said 7 people are appointed with Criteria, then those 7 people would recommend 3 at large people to join the 7. Mr. Clark said any of the positions agriculture or my position within 2 miles – apply to all the positions in the code is the way I leave it to Mark to weigh in at a legal prospective. Ms. Blevins asked Mr. Norris what you want changed. Mr. Norris said right now they have the power of who gets appointed. If you leave it written right here, if you take it out they will have. Mr. Clark said I think we have done very well with the statue as it is adopted. I understand administrations concern. It looks like the commission was set up to be fairly independent but with input with various areas of government. It has worked well for us.

Mayor Schertzer said really what’s the point of the Executive Branch in this case. My bottom line was to make the Executive Branch relevant in the Marion Municipal Airport. Currently it’s not relevant by our own code. Mark Russell and I along with the Commission President after many years finally have control of the GTE hanger. For many years it was in limbo at the airport. The Executive Branch stepped in with the support with the Commission President and his input was valuable to the process, the City finally getting control of that. I came on Council in 1999, the Aviation Director was so excited and said we are getting a new terminal – in 1999, if it’s not broken, don’t fix it. It is broken. Mr. Daniels said maybe we alluded to this that all is well at the airport. Let’s envision that the airport board is not running correctly. I never want a Mayor in the future or this one to every have the ability to look at the voter and say my hands were tied. I couldn’t do anything because they run everything as they want. That’s a disgrace. Never create a board that cannot be changed, never create a Council or a Mayor that can’t be voted out. If you do a bad job – you’re out. This is just my experience.

Mr. Russell said the practice since 1993 – Mr. Ratliff was correct. Identify professional relationships to 7 or 9 positions, wasn’t a recommendation by the Airport Commission. At some time in the past 3 at larges were created, the Airport Commission recommended the 3 at large. The amendment that’s been made to re-insert the requirement that the Airport Commission would recommend, other than those 3 members that would be inconsistent in the original Code section.

William Rettig spoke: We are not concerned with Commission numbers; we would like some input for the qualifications of the people. I’ve been there 26 years, we care about the airport, we have the expertise to interview people and find out if they would be valuable to the Airport.

Mr. Daniels said we’ll find a middle ground here – they are not saying they want the authority to appoint any member, but that amendment does that. The remaining 4 would have the power to choose the predecessor forever. I would insert the word “MAY” instead of “SHALL”.

Mr. Norris withdraws his motion and goes with Mr. Daniels. Mr. Daniels made the motion to change that sentence to: Five at large member’s residing within Marion County, OhioMAY BE RECOMMENDED” by the Board of Airport Commissioners as having…. Mr. Norris 2nd. Roll call: YEAS: Mr. Thomas, Ms. Cunningham, Mr. Huddle, Mr. Norris, Mr. Daniels, Ms. Gustin; NAYS: Mr. Ratliff, Ms. Blevins.

ORDINANCE 2016-47 IS AMENDED THE SECOND TIME BRINGING IT BACK TO THE FIRST READING

 

ORDINANCE 2016-50:

ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF NOTES IN THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF $7,188,500, IN ANTICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF PAYING THE COSTS OF VARIOUS IMPROVEMENTS; AND DECLARING AN EMERGENCY

          Mr. Daniels said it came out of Finance with a 3-0 recommendation for approval, I’ll ask for a 2nd reading.  If you read through these notes, these numbers are specific. These amounts have already been borrowed and spent. They stretch it out for a longer amount of time. You don’t have the money to pay off this kind of debt. This is not an issuance of new debt.

          Mr. Norris asked if the money is in the budget. Auditor Carr said we are planning to pay this back. Every year I do this. Most of these are sanitary sewer projects. They are general obligation – we pledge the City of Marion on paying these notes. If we don’t do notes, then we have to increase the rates for the consumers and pay it back that way. This is done every year. Once we go to Bonds, we are looking a set payment of interest and principal. We are paying back the principal on the 7 million when in notes. This is tax exempt money that we spend on specific projects. Once complete, you don’t know the final cost of that project, you don’t need to look at Bonds. If anyone needs any answers, call me. We have to make a decision and move it forward. I’ll be happy to have a conversation with you about debt, we are usually under 2%.

          Mr. Kelley said some of the reasons so the people that actually use pay for it. Mr. Daniels said it’s usually never good to go into debt, with the 2% I wouldn’t pay anything out. I can’t get 2% - no tax free benefits. Sewer pipe is going up 7-8% per year. This interest rate is the time to do it.  ORDINANCE 2016-50 HAS HAD ITS 2ND READING

 

NEW BUSINESS:

         

ORDINANCE 2016-48:

ORDINANCE AMENDING MARION CITY CODE SECTION 941.16 DIRECTOR OF AVIATION IN ORDER TO BRING SAME MORE UP TO DATE

          Mr. Ratliff said this was in the Airport Committee, I’ll ask for the 1st Reading tonight.

          Dan Hempy, Marion Township; I’m on the Airport Commission. I like to say the Board should be left alone as it is written. We meet 1 time a month. Audrey has done a great job. We feel that we should have the input of who this person is.

          William Rettig, 350 Franklin St., Our concern of the proposed changes, taking Commission out of the loop, there is no input of who that person is. We know the best of who can run the Airport. It now becomes a political appointment. The next Mayor want to put anybody in. We’d like to keep the Commission in.

          Brian Clark said as the Commission has Aviation expertise, somebody that has flying experience, they have insight. You still want to get that input, as the Ordinance is changed, it really doesn’t suggest that the Commission has any input. I advocate against this change.

          Mr. Ratliff said I don’t see it giving the Mayor more authority to get rid of somebody, I see it as giving the less authority of getting rid of someone. I don’t see where it says the next Mayor can tell that person to leave. It just says that the Director “May” be removed instead of “Shall”.

          Mr. Rettig said it’s for the appointment. The Director of Aviation shall be appointed by the Mayor with no input from the Commission.

          Mr. Ratliff said am I wrong that she is already there. Mr. Russell said if this is adopted, the Director cannot be removed, unless the Commissioners recommend that she be removed. Mr. Ratliff said I hope that alleviates your fear. Mr. Rettig said no really. If a new one has be appointed, we have no input. That’s a big concern. We don’t want to see that change.

          Mrs. Cunningham I believe B is what you are talking about. Mr. Daniels said I’m in the opinion that a Mayor should have the fill ability to appoint any members to this organization. Delegating certain powers, trust the people that I place on the board for them to do the daily operation. I won’t vote on this provision. Mrs. Gustin said I think it needs to stay intact, no amendment should be considered. Mr. Norris said I agree; I think they should have a big say who is the director. Mr. Huddle said he agreed also.

          ORDINANCE 2016-48 HAS RECEIVED IT’S FIRST READING

 

Items not on the Agenda:

 

Ms. Blevins forgot to mention that Mike Cheney helped Tyler complete his project @ Olney Street Park. Thank you.

 

Ms. Cunningham thanked the first responders for all their dedication and work.

 

COMMITTEE DATES:

 

Finance                      7/19    @ 6:30 pm

Regional Planning     7/20    @ 7:00 pm @ County Building

 

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

 

 

                                                                        ____________________________                                                                         Dr. Scot Gray                                                                                                             President of Council

_________________________     

Clerk of Council