October 23, 2017 Summary

MARION CITY COUNCIL MEETING

City Hall – Council Chambers on October 23, 2017, 7:30 PM

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

PRAYER WAS LED BY PASTOR JASON QUAST OF FAMILY LIFE CHURCH

Summary of Proceedings from October 9, 2017 – Mr. Cumston moved to approve, Mr. Huddle 2nd. Roll call: Ayes all, motion carried. Summary is approved.

NEW BUSINESS:

RESOLUTION 2017-16:

RESOLUTION AUTHORIZING THE PUBLIC WORKS DIRECTOR TO APPLY FOR, ACCEPT, AND ENTER INTO A WATER POLLUTION CONTROL LOAN (“WPCLF”) AGREEMENT ON BEHALF OF THE CITY OF MARION, OHIO FOR PLANNING, DESIGN AND/OR CONSTRUCTION OF WASTEWATER FACILITIES; AND DESIGNATING A DEDICATED REPAYMENT SOURCE FOR THE LOAN, AND DECLARING AN EMERGENCY

            Mr. Cumston stated that this came out of Finance with a 3-0 recommendation for an approval. This is a 0% loan for the designing for the Water Treatment Facility. I’ll move to suspend, Mr. Huddle 2nd. Roll call: Ayes all, motion carried.

            Mr. Cumston moved to adopt, Ms. Gustin 2nd. Roll call: Ayes all, motion carried. RESOLUTION 2017-16 IS ADOPTED

RESOLUTION 2017-17:

RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR OF THE CITY OF MARION, OHIO TO PREPARE AND SUBMIT AN APPLICATION TO PARTICIPATE IN THE OHIO PUBLIC WORKS COMMISSION STATE CAPITAL IMPROVEMENT PROGRAM AND TO EXECUTE CONTRACTS AS REQUIRED, AND DECLARING AN EMERGENCY

Ms. Blevins stated that this came out of Streets & Sewers with a 3-0 recommendation for approval; I’ll move to suspend, Ms. Cunningham 2nd. Roll call: Ayes all, motion carried.

            Ms. Blevins moved to adopt, Ms. Cunningham 2nd. Roll call: Ayes all, motion carried. RESOLUTION 2017-17 IS ADOPTED

ORDINANCE 2017-56:

ORDINANCE TO VACATE ONE (1) 16.50’ WIDE EAST/WEST ALLEY LOCATED AT 136-150 W CENTER STREET (BETWEEN LOT NUMBERS 104-106) PURSUANT TO ORC 723.041 RETAINING PERMANENT EASEMENT RIGHTS (Applicant, Center Street Community Health Center) (Streets & Sewers 3-0) (1st Reading) (Public Hearing November 27, 2017)

Ms. Blevins stated that this came out of Streets & Sewers with a 3-0 recommendation for approval; this will be the 1st reading with a public hearing to be on November 27, 2017.  ORDINANCE 2017-56 HAS HAD IT’S FIRST READING

Matters not on the Agenda:

Mr. Cumston brought up the subject of the Medical Marijuana. I don’t support the recreational use, I do the Medical side. Chief really highlighted some of my concerns on it. Issue 2 in 2015 was defeated. 10.8 million was collected just in application fees so far. Yes, we can use 20-30 more Police and Firemen, but there is a lot of unknowns there. It merits further discussion. If somebody needs it for medical reasons, I’m OK with that.

          Mr. Huddle said I agree with Mr. Cumston also. The idea of dispensing it in Marion, I’m not for it either. The dispensary would be too visible, I think in our home town. Ms. Cunningham said I agree with Mr. Cumston, I’m absolutely against it, we should do something and move forward to prevent that. Mr. Cumston said I agree, we should do something about it before the deadline. Chief Collins made a huge statement. There is a lot of unknown’s out there. His concerns are seriously taken. We need to look at this.

          Mr. Daniels said this has to be decided before November 17. We didn’t even pass the legalization of bee keeping in three readings. We can’t introduce anything now before the 17th of November. I do have convictions under certain circumstances, it takes away the fear with cancer patients (referring to his step-mother), there is a use for it. Marion is the most populist county in the district of 4 counties. Crawford, Hardin, Wyandot and Marion. The person that came to us lives in Hardin County, he came to Marion, why not set it up in Hardin County. They want to set it up in Marion. No one wants to put in any other one except Marion. If it goes to the township, the trustees outlaw it? Or drafts a zoning code against it. Do you want to be the governing body that draws the zoning laws that this dispensary wants to follow? No blinking lights in the front – a blank building. You can do that after this decision. You won’t have any time to deliberate it.

          Mr. Huddle asked if this just for medical, not recreational. Mr. Cumston said it say dispensary. Mr. Huddle said don’t think it’s a good idea.

          Susan Gorenflo Durfee Dr. said she is totally against the idea of having a dispensary in Marion County.

          Jodi Schertzer, 740 Summit Rd spoke: We don’t what it here. This is not what we need in this community. Please make the right decision for our town.

          Chief Collins spoke: follow-up – he showed Council members of the dispensary he saw while he was on vacation in Calif. This is a Medical building. It’s like a one stop shop. I don’t think you want to see that, that is strictly medical.

          Ms. Evie Cummings said we do get calls about this, what is the zoning, and find particular properties, in a C1-B area – corner small, or small office – they were looking at.

          Mr. Daniels said when you speak of zoning, I’ll bring that up as an alternative. When I hear the Police Chief say that the person was barking at the moon, it was an enormous amount of THC. It’s not the smokeable variety, when government regulates something, heroin – they were prescribing pills. They are always one step ahead of us. It looks bad now than it was 15 years ago. How do you influence people to stop using drugs?

          Mr. Cumston said these industries know our timing and the State Law. They are educated. Very in-depth of working the process. We can call a committee and have council meetings. We are here for a reason. People should know how we stand. We should be accountable for the decisions.

 

          Mr. Ratliff said several months ago we put a grant together with selections of A & B. We did not get the grant money for A – we will result for plan B. Ms. Evie said it will be the Women’s home for the ADA Ramp.

          Mayor Schertzer said regarding the grant for Sharpless Court – it’s in the OPWC monies now. I want to remind everyone of Halloween hours. 5-7:30 pm on October 31, 2017.

Evie Cummins said next Wednesday, a free community dinner in honor of Homeless Awareness Week. 200 plus people in about 2 hours. Health dept. will be passing out Flu Shots and other items.

OLD BUSINESS:

ORDINANCE 2017-51:

ORDINANCE AUTHORIZING THE PUBLIC WORKS DIRECTOR TO PROCEED IN REGARD TO THE UHLER RD. DIVERSION RELATED TO THE FAILED UNAPPROVED PRIVATE BY-PASS OF THE STORM SEWER SYSTEM, IT BEING DECLARED AN EMERGENCY NECESSARY TO PROCEED WITHOUT FORMAL BIDDING AND ADVERTISING PURSUANT TO ORC 735.051, AND DECLARING AN EMERGENCY

            Ms. Blevins noted that this came out of Streets & Sewers with a 3-0 recommendation for approval, I’d like to go into Executive Session, Mr. Cumston 2nd. Roll call: Ayes: Mr. Cumston, Mr. Ratliff, Ms. Blevins, Ms. Cunningham, Mr. Norris, Mr. Daniels, Ms. Gustin; NAYS: Mr. Huddle.

8:06 PM:      COUNCIL WENT INTO EXECUTIVE SESSION: for imminent

                    threatened litigation.

8:35 PM:      COUNCIL RECONVENED

Ms. Blevins said how are we supposed to read this? Mr. Russell explained to Ms. Blevins.

ORDINANCE 2017-51:

ORDINANCE AUTHORIZING THE PUBLIC WORKS DIRECTOR TO PROCEED IN REGARD TO THE UHLER RD. DIVERSION PLAN RELATED TO THE FAILED UNAPPROVED PRIVATE BY-PASS OF THE STORM SEWER SYSTEM, IT BEING DECLARED AN EMERGENCY NECESSARY TO PROCEED WITHOUT FORMAL BIDDING AND ADVERTISING PURSUANT TO ORC 735.051, AND DECLARING AN EMERGENCY, as amended

          Ms. Blevins moved to amend, Mr. Cumston 2nd. Roll call: Ayes all, motion carried. ORDINANCE 2017-51 IS AMENDED

          Mr. Russell said we are working together with a 2nd by-pass, Public Works Director is going to work hard, and Council has the desire to work on this the next Council Meeting.

          Ms. Marsha Clark, 930 Uhler Rd. – I’m confused after 5 months and being patient, why we can’t get an agreement. It should have been done months ago. Mr. Daniels said we’re not sure we can do that, November is a date certain. It’s a close enough deal for the both parties. The process between now and then It’s not wasted. Televise those lines, you need a third-party engineer – I recommend you do it sooner not later. The time is not going to be wasted. Ms. Clark said I was hoping all that work was done. It’s time consuming. Mr. Daniels said camering it – will take 2-3 hours. I think you’re looking at the 13th at the latest. Weather is not agreeable now, nicer the weather, will be taken into account.  2 more weeks after 5 months. Mr. Huddle said because of the Ordinance being amended, now they know what direction they are going. They want to get it done as fast as they can. We are looking at not going through 3 readings because it’s been amended.

ORDINANCE 2017-51 HAS HAD IT’S FIRST READING AS AMENDED

COMMITTEE DATES:

                                                                      Reference

Finance:                 11-6-2017     @ 6:30 pm    Regular Business

Legis. Codes           11-6-2017     @ 6:40 pm    dispensaries

Zoning & Annex      11-6-2017     @ 6:50 pm    “

 

With no further business to come before Council, Ms. Fisher adjourned the meeting.

                             

                                                            ____________________________                                                            Kate Fisher                                                                                             President of Council

 

_________________________   

Clerk of Council