November 13, 2017 Summary

MARION CITY COUNCIL MEETING

City Hall – Council Chambers on November 13, 2017, 7:30 PM

ROLL CALL – 10 members answered – Mr. Cumston, Mr. Ratliff; Mr. Thomas, Ms. Blevins, Ms. Cunningham, Mr. Huddle, Mr. Norris, Mr. Daniels, Ms. Gustin, Ms. Fisher.

PRAYER WAS LED BY TIM ERRINGTON OF FAMILY LIFE CHURCH

Ms. Melanie Rogers of Benjamin Harrison Elementary School spoke: 3rd grade learning standards is to show them how local government operates. Our classroom is called Leadership City. We have Council persons, and administration, Fire Chiefs, etc. It’s a way to have a community in our classroom. They are learning of how the Council meetings are run. Thank you for letting us attend.

 

Summary of Proceedings from October 23, 2017 and Special Meeting of October 30, 2017 – Mr. Cumston moved to approve, Mr. Thomas 2nd. Roll call: Ayes all, motion carried. Summaries are approved.

 

OLD BUSINESS:

 

ORDINANCE 2017-51:

ORDINANCE AUTHORIZING THE PUBLIC WORKS DIRECTOR TO PROCEED IN REGARD TO THE UHLER RD. 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

          Mr. Thomas noted that this came out of Streets & Sewers with a 3-0 recommendation, I’m going to refer to the Law Director.

          Mr. Russell said the Engineer did complete some additional work and recurved estimates from 2 companies. With the estimate coming in at approx. 30,000 dollars, I suggest to move and adopt it. This will create a new by-pass around their house. We are at the point of time, we should act on this now.

          Mr. Ratliff asked about the proposal, 20,750 and then a handwritten total of 22,260. I don’t know what that means. Mayor Schertzer said if you look at the 2nd page, a letter from Jim Bischoff, it would show you what the bids were, plus the work on the existing storm sewer line. The handwritten is the minus of the filling in of the existing pipe. Mr. Thomas said one of the concerns is any legal action that would be taken against the City with any damage if that’s an issue. Mr. Russell said the proposal said there will be a settlement agreement when the party signs a general lease stating the City harmless. Mr. Thomas said they have done that? We need to amend this. Mr. Russell said we did amend it last week. We are at a 2nd reading now. Mr. Thomas said these proposals – no S&B because of the 50,000 limit. Mr. Russell said yes.

          Mr. Ratliff asked this was contingent with us if they sign a release of all claims, the release of all claim was contingent on a private civil engineer stating that there was no damage. 

          Mr. Cumston said we narrowed it down with the issues and the settlement, it’s still an obligation to obtain a 3rd party engineer to survey the situation. Mrs. Clark said that is our intention. We just want that security for any future real estate purchases. That is one of our steps. Mr. Ratliff said if we are passing this; them signing a release, we could pass this tonight, and if the engineers survey is not in place, then it’s null and void.

          Mr. Russell said Council has been involved, we’ve suggested different things, this is Plan B, we walked down this road together. We will execute a compromise agreement to permit Plan B. It could unwind if there is an issue. We are all optimistic to construct the by-pass. Mr. Thomas said if we suspend and pass this, we are authorizing the engineer to use one of these two proposals, if there is any legal question of us happen to pay out more money, they would have to come back to us to get it. Mr. Russell said the Ordinance does not have a $$ amount. If Council wants to set a threshold and maximize the ceiling let’s say at 30,000.00. If you want to set a ceiling, you can. Mr. Thomas said if we pass this, I want to know what that $$ amount is going to be.

          Mayor Schertzer said we would pick the lowest and best bidder. We would come back and inform you if there are any other expenses. If any project that we do, you give us a lee-way, or if there is a change order, we’ll let you know. Mrs. Clark said based upon the Real Estate for your security, and that would not bring any cost back to us.  Mr. Cumston said I think this is acceptable. I think it’s fair. The first work was probably not done to code when they cut the line with the by-pass. I would support this.

          Mr. Ratliff moved to amend to not exceed the cost of $30,000.00. Mr. Thomas 2nd.

          Mr. Daniels said if you go to cap the 30,000 on it, you’ll look at a price of $29,999.00 – that’s the way change orders work. You have an estimate – 24,000.00 ask for any change orders for your approval, and just leave it as that. Mr. Ratliff said I have no preference.

          Roll Call to Amend the $30,000 cap. NAYS all, motion carried. Amendment was not made.

          Mr. Daniels said make the motion to accept the lowest bid which would be Parks. Administration would notify us if there are any change orders.  I would make a motion as it sits. Mayor Schertzer said I’m not going to stand here and say that the lowest is not actually the best, but there is a high probability the lowest is the best, Mr. Bischoff evaluated it before he went on vacation. Mr. Thomas said we are not working with a prevailing rate issue, it’s under the 50,000 bench that we have to put out a S&B. Let the administration take the best proposal.

          Mr. Thomas moved to suspend, Mrs. Blevins 2nd. Roll call: Ayes: Mr. Cumston, Mr. Thomas, Ms. Blevins, Ms. Cunningham, Mr. Huddle, Mr. Norris, Mr. Daniels, Ms. Gustin; NAYS: Mr. Ratliff

          Mr. Thomas moved to adopt, Ms. Blevins 2nd. Roll call: Ayes: Mr. Cumston, Mr. Thomas, Ms. Blevins, Ms. Cunningham, Mr. Huddle, Mr. Norris, Mr. Daniels, Ms. Gustin; NAYS: Mr. Ratliff.  ORDINANCE 2017-51 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)

          Mr. Thomas noted that this came out of Streets & Sewers with a 3-0 recommendation for approval; this is the 2nd reading tonight and will have a public hearing on November 27, 2017. ORDINANCE3 2017-56 HAS HAD IT’S 2ND. READING

 

 

 

 

NEW BUSINESS:

 

ORDINANCE 2017-57:

ORDINANCE AUTHORIZING THE CITY SERVICE DIRECTOR TO SUBMIT A PRE-APPLICATION FOR 2018 FAA GRANT FUNDING AND OHIO MATCHING GRANT FUNDING FOR THE MARION MUNICIPAL AIRPORT AND DECLARING AN EMERGENCY

          Mr. Cumston stated: Came out of Finance with a 3-0 recommendation for approval. This is for proposal for the new airport terminal, this is time sensitive; I’ll make the motion to suspend, Ms. Gustin 2nd. Roll Call: Ayes all, motion carried.

          Mr. Cumston moved to adopt, Ms. Gustin 2nd. Roll call: Ayes all, motion carried. ORDINANCE 2017-57 IS ADOPTED

 

Matters not on the Agenda:

 

ORDINANCE 2017-58:

ORDINANCE ACCEPTING, RATIFYING AND APPROVING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY AND FOP, OLC AS TO THE BLUE UNIT AND RATIFYING AND DECLARING AN EMERGENCY

 

Mr. Robbins said this is the collective bargaining unit for the Blue, we finished in October. It’s a 2.5 increase – the Contract will expire on December 31, 2010. It’s been ratified by the commission.

 

Mr. Cumston moved to add, Mr. Thomas 2nd, Mr. Huddle 3rd.

Mr. Cumston moved to suspend Rule 56, Mr. Thomas 2nd. Roll call: Ayes all, motion carried.

          Mr. Cumston moved to suspend, Mr. Thomas 2nd. Roll call: Ayes all, motion carried.

          Mr. Cumston moved to adopt, Mr. Thomas 2nd. Roll call: Ayes all, motion carried. ORDINANCE 2017-58 IS ADOPTED

 

Vickie Edler, Ellen Kay Drive spoke on the drug stores on every corner. Drug Companies mislead the doctors and the pharmacracies. They are an addicted drug. Immediate fix and pain, doctors are under a lot a pressure. Pain levels, 10 – they want to take care of it immediately. I’m not blaming the doctor’s totally for it, it was the manufactures of the drugs. We now know they are an additive drug. Patients do not need a 30 day of supply of drugs, 3-5 days is the maximum for pain. The Marijuana – it’s about money, drugs are all about money. No regard to human life. I have been effected by this. Bringing in Marijuana is misleading, misused, mishandled. It’s going to keep the drugs rolling instead of trying to keep them under control. The bottom line, it’s all about money.

Mr. Dave Troutman, 1024 Bexley Ave spoke: They’ve made some progress with the County Land Bank, thank you. It doesn’t solve the problem long term. We asked the Commissioners about increasing the conveyance tax. I’d like to ask for all of your assistance in this endeavor. I’d like to share with you an article from Cleveland. 5,000 abandoned homes. They have 168,000 residential properties. Marion, we got 1,000 abandoned homes, out of 12,086 – we are 5X greater than the city of Cleveland. The funding source is the most critical considerations. A funding source for the land bank and merging the land banks, so we have on effort going forward, makes a lot of sense, and with your help we can get it done. Thank you.

Mr. Sulu Kelley 365 E. Farming spoke: Storm sewer project – not the current homeowners of what occurred, are we looking at the responsibly party. Mr. Russell said the file is still open.

Susan Gorenflo, Durfee Dr. wanted to follow up on what Mrs. Edler said. Found an article on “A dangerous Weed”. Spoke on deficits on the pre-frontal cortex. Short-term effects. Long term effects. Having the sale of MM is just getting a foot in the door for those wanting recreational Marijuana for the State of Ohio.

Attorney JC Ratliff spoke: He disagreed with Ms. Gorenflo. I have 40 years of experience with drug persons. Marijuana is not your problem. The problem is drugs laced that would kill an elephant. If you have a dispensary you’re going to purify the drugs, make the drugs cheaper. This cuts out the Mexican Cartel. Canada is talking about making it legal for the all of Canada. We can be behind the times. We’ve been losing the battle of drugs, Marion has always been not looking forward. All we see is negative things in the paper.

Mr. Troutman asked how much more can the Police and Fire Department handle?

Mr. Rick Huddle said I’ve been on Council for 1-1/2. I looked at this in 3 ways. 1. Economically – Marion needs money, police force needs money; Fire Dept. needs money. We have a pool – it’s not ever going to come out on top. We’ll probably add money to that so often. Insurance rates have gone sky rocketed. 40% increase. I looked at it medically. Guaranteed by pharmacists, it will be regulated by the State Board of Pharmacy. I looked at it morally. I tried to see the moral issue here. I’ve known many people that smoked pot. I knew the young man that just passed away, he was a member of our school community. He became that way because of pain killers, not Marijuana. I used these considerations in looking at these dispensaries. The Trustees in the County has already passed this 3-0 to accept a dispensary. This dispensary would be on the very edge of the City. Kids don’t run around there. It’s not downtown. It’s got a parking lot in front of it. Also, you have to consider the Trustees that passed this, go across the street and start it. I have to have Council to consider it all tonight if we vote on it tonight.

Tim Errington. 222 S. State St. 33 years at the Ohio Patrol. I have the business side, the moral side, but not the financial side. When Council looks at this issue, the money side – it’s the wrong side of it. Allowing Marijuana sales in the City of Marion – it shouldn’t be. Possession of Marijuana is still a crime in the State of Ohio. It’s still enforced by all law enforcement departments. It tears families apart. If you are looking to raise money for the City, I think you are wrong.

Mr. Cumston said the City won’t make any money. It will be here in the Township, we will deal with it one way or another. Take a look at the Lakewood Ordinance, it would be a good starting point. Lottery, Casinos, prohibition back in the 30’s – we’ve seen it didn’t work. It’s a personal choice. It’s going to be here, it’s a reality. The State has seen to that. You can’t un-train our Police dogs. There is a lot here. Regular uses lose 5-9 points in the IQ. They collected 10.9 million just in licensing fees. House and Senate budgets went up 35%. We are not getting any money, it’s unfortunate for our law enforcement.

Ms. Cunningham said it’s a terrible idea, I’m totally against it. Thank you all for coming up and talking against it. It makes no sense to me.

Mr. Errington said if you take a vote today, I find it interesting that you dismissed all the children before we spoke on this issue, it’s a moral issue. Thank you.

Clint Edgington, from Columbus handed out more information on the dispensary. We would lose all the money, but 5,000.00. I’m from out of town, I’d like to start a business here. Handed out some statistics.

Susan Gorenflo, Durfee Dr. said I saw that report. It’s from an advocacy group in the opposite direction.

Mr. Thomas said in 2015 we had an issue on the State level of recreational and medical marijuana. Ohio General Assembly decided to have medical marijuana. They threw all of the responsibility back to local subdivisions. Let us make the decision, or sit here and do nothing. I’m not sure why they did that. Why did they not set the guidelines and make the decisions.  We don’t have to make a decision, we could do nothing, I support medical marijuana.

Mr. Sulu Kelley said I’m opposed to this. One question that hasn’t been brought up, why does Med. Marijuana go through the FDA for approval? Why are they trying to get around it? 

Chief Collins said everybody knows my stance on this. We wouldn’t be here if it’s not about the money. The businessman is here to make the money. I gave you the Rocky Mountain Report to look at. If you don’t have a valid point baffle them with BS. Marijuana is illegal – that’s why they go around the process and not through the FDA.

Mr. Ratliff asked about the City of Lakewood has enacted a local tax on the dispensary. If Marion takes no action tonight, if we pass similar legislation, are we allowed to do that – no grandfathering process, after the applications are in. I don’t want to lose possible revenue.

Mr. Russell spoke: It was a year ago, the clerk shared first information that municipalities started to share this issue. That was a year ago. What if we were to pass the Lakewood Ord. sometime in the first of the year. I suggest that we adopt Lakewood. This was shared in the communities throughout Ohio. If it’s situated in the Township, the City will be affected. What Lakewood is, to apply a tax, at least it would generate 25-50,000 for law enforcement. Do I want to advocate that, of course not. If we don’t act now, and wait till the first of the year, it would be too late. As a council, pass Lakewood this evening, or leave it behind.

Mr. Ratliff said that was my question. We have 3 avenues to take as a Council. We could put a moratorium, do nothing, or impose a tax and follow suit like the City of Lakewood. We are not here to decide whether it’s legal or not, we not that it’s not. We are not here to decide if we are going to have one or not, the Township has already voted, people outside of this Community, I’m going to drive to Marion to fill my prescription. We are going to have one here, close to our city limits, even if we don’t allow one here. We would be foolish not to follow Lakewood steps; I feel we should enact the same ordinance as they did. The deadline is the 17th of November, I would suggest that we do it tonight.

Mr. Jason Schaber 359 Rosewood Dr. spoke: I was at the Township meeting. They did pass, sole reason was money. They need a fire truck. They openly said the State still has to right the – what is to be administered, Syn tax, Excise Tax; copying what someone else has done, it could be a foolish move. It all comes back to the money. You can’t dismiss the moral issue on this. If it’s solely for money, I ask this Council not to do anything, leave it to the new Council to take care of it.

Ms. Cunningham asked if we wait till the 1st of the year, something can be done. Mr. Russell said you are better off if you act on it, what the parameters are. If you adopt the City of Lakewood tonight, you’d be able to collect the monies specified in the Statute. If you do nothing, you would lose those fees.

Mr. Thomas said my suggestion would be put this into Committee and bring it back in two weeks. That too late? Mr. Russell said the window opened on November 3, and closes the 17th. If you have it in committee and act on it by the end of the year, you may be in a good place. After the year, it would be more difficult. Mr. Thomas said put it in committee and talk about it more for two more weeks.

Ms. Blevins said I’m totally opposed to this. I’ve spoken to many people who think this is a bad idea, I have grandchildren and great grandchildren, I don’t want to see this in Marion. I’m going to be on Council next year, I’ll probably vote it down then also. I’m voting no, you won’t change my mind.

Ms. Cunningham said I would like to add Ordinance 2017-59, Ms. Blevins 2nd, Ms. Gustin 3rd.

Mr. Huddle spoke: I’m against this too, but I agree with Mr. Russell, we are going to have a problem no matter what. It’s across the street. I care very much with everybody who’s been involved. Chief will also have the problem, people coming into town to pick up. It doesn’t have to be a mile out of town.

Mr. Daniels said the first thing I’d like to say – support a moratorium, it’s a prohibition. It’s not a time to draft legislation, it’s the 17th deadline. If the situation were different, Marion’s going to get a Med. Marijuana dispensary, you can make the argument, keep the riffraff out of our town, let it go to Bucyrus. It’s going to be here, the prohibition for the city, eliminate your ability to regulate the industry to city standards. A license fee in Lakewood has certain provisions in control that acts on bad dispensaries. If it goes to the township and a bad dispensary is willing to give up a fire truck every year, they are satisfied. The only thing you accomplished with the prohibition is relinquishing control. I’m not in support of the issue, because of money. I told my story. I think the same for marijuana, not to use it recreationally, only medically. Painkillers for my stepmother weren’t good, the Medical Marijuana did. That’s why I’m making that position, not because it brings revenue.

Ms. Gustin said there are many of us that is against this issue, we just don’t want it in the community. I don’t want another layer of drug problems in our community.

Ms. Cunningham said I’ve seen this on the other side, I lost my grandmother in a car crash with someone high on marijuana. When it comes down to our City, If we truly cannot be told, if it’s based on money, what kind of revenue we would receive, what is the point that we put the Police dept. through this, what is the benefit?

Mr. Thomas said procedurally we have nothing in front of Council, make a motion so suspend Rule 56?

Ms. Cunningham moved to waive Rule 56, Mr. Thomas 2nd. Roll call: Ayes all, motion carried.

 

ORDINANCE 2017-59

AN ORDINANCE ADOPTING A MORATORIUM ON APPLICATIONS FOR, AND THE GRANTING OF BUILDING PERMITS, CERTIFICATES OF OCCUPANCY FOR ANY BUILDING, STRUCTURE, USE OR CHANGE OF USE THAT WOULD ENABLE THE CULTIVATION, PROCESSING, DISTRIBUTION OR SALE OF MEDICAL MARIJUANA FOR A PERIOD NOT TO EXCEED TWELVE MONTHS, AND DECLARING AN EMERGENCY

 

Ms. Cunningham moved to suspend, Ms. Blevins 2nd. Roll call: Ayes all, motion carried.

Ms. Cunningham moved to adopt, Ms. Blevins 2nd. Roll call: Ayes: Ms. Blevins, Ms. Cunningham, Mr. Norris, Ms. Gustin. NAYS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mr. Huddle, Mr. Daniels. ORDINANCE 2017-59 IS DEFEATED

         

 

COMMITTEE DATES:

                                                                      Reference

Finance:                 11-21-2017   @ 6:30 pm    Regular Business

Legis. Codes           11-21-2017   @ 6:40 pm    Liquor Per/Junk Vehicles

Regional Planning   11-22-2017   @ 7:00 pm    County Building

 

 

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

 

                             

                                                            ____________________________                                                            Kate Fisher                                                                                             President of Council

 

_________________________   

Clerk of Council