At-Large Councilman Ben Rutherford, right, expresses disagreement during a Monday night special Marietta City Council meeting with the removal from a resolution related to a subrecipient agreement with the Washington County Homeless Project that the group must have a security person onsite at their homeless drop-in center. Council President Susan Vessels, left, and City Law Director Paul Bertam, center, listen as Rutherford speaks. (Photo by Michelle Dillon)

Marietta City Council continued its discussions of whether to require security personnel at the Washington County Homeless Project’s homeless drop-in center and a draft ordinance to ban camping on city property Monday.

During a special council meeting, the second reading of Resolution No. 40 (24-25) was conducted.

The resolution would set a 45-day period from the date it is passed for the Washington County Homeless Center to provide proof of Crisis Intervention Team (CIT) training for all staff and volunteers at the drop-in center. The resolution requires the training to be approved by the city’s safety service director and the Marietta Police Chief.

It also would requires solutions to issues brought up in a monitoring letter from the city’s community development department to the homeless project about the center, including the adoption of a policies and procedures manual; providing updated operational policies to the city’s community development department; updating income charts to match HUD income limits every year; using the updated income chart on intake forms; having intake forms filled out each contract year by people using the drop-in center; documenting income categories on the intake forms regardless of whether an individual is considered homeless; and operating within the hours set in the last subrecipient agreement which is 8 a.m.-4 p.m. Monday through Saturday as opposed to the current 12-4 p.m. Monday through Friday and 8 a.m.-4p.m. Saturday;

The resolution would also require the homeless project and the city’s development department to sign a declaration confirming both parties understand the drop-in center is a community resource center for low to moderate income people that provides meals, laundry service, computer access, bathing access, clothing and resource connections and is not to be used as an emergency shelter or for sheltering of any kind nor is it to be used as a soup kitchen.

The resolution also states “the drop-in center must be staffed with a law enforcement or security officer, that is approved by Marietta City Council, during all times that the drop-in center is open.”

This requirement for security is a reflection of Front Street business owners’ concerns regarding homeless people at the center and their behavior which was first brought up at a Sept. 3 PZAH Committee and Public Land and Buildings Committee joint meeting and which included noise, people yelling or cursing, people bothering business employees, people camping at or behind businesses on Front and Second streets and more.

After the second reading of the resolution was conducted, Ward 2 Councilman Bret Allphin, who introduced it, made a motion to amend the resolution to remove the sentence requiring a law enforcement or security officer at the center. Ward 1 Councilman Michael Scales seconded the motion.

Allphin said he wanted the sentence from the resolution because the requirement for security personnel would create a financial hardship for the drop-in center. He said security is addressed in the resolution by the requirement for CIT training.

A lengthy discussion about the requirement for security and how to amend the resolution ensued, during which several council members shared their thoughts and concerns.

“Nobody can afford to have policing in that building at all times, but policing outside is up for the administration, not for the city council … This is about the best thing we can do at this time,” Scales said of the resolution.

At-Large Councilman Ben Rutherfrod expressed appreciation for the work people put into the resolution and said it shores up a number of issues related to internal management processes at the center.

“But in listening to the owners of businesses on Front Street I fail to see how this directly addresses their concerns,” Rutherford said. “I realize this may be a good first step but it doesn’t seem like this is going to bring them any relief.”

At- Large Councilman Jon Grimm said he understands what Allphin is trying to do in not increasing the financial burden of the center but he is concerned the resolution steps back requiring security at the center.

“It kind of sounds like we’re saying ‘Okay, you guys train up on this particular thing that we’re finding’ and in our discussions I thought that the case was made that there be a heightened security in and around that area,” Grimm said.

Ward 4 Councilwoman Erin O’Neill asked if there was any mention of security in the first subrecipient agreement the city had for the center and City Law Director Paul Bertram said there was a provision for security by law enforcement in the first agreement but he has not seen the subsequent agreements.

Grimm suggested not removing the security requirement from the resolution but instead wording it in such a way that it doesn’t sound like the center needs an extra staff member.

Rurtherford suggested shortening the period to work all this out from 45 days to 30 days and Allphin said he didn’t want to shorten the time frame.

The discussion of amending the resolution was still happening when Scales interjected with “I call the question.”

Bertram said this means a vote must be done on the motion to amend from Allphin.

The vote was held and the motion to amend passed with a vote of 4 to 3, with Gossett, Grimm and Rutheford voting no. Then Allphin made a motion to suspend the rules and dispense with the third reading of the resolution as amended, with Scales seconding the motion.

Grimm said they shouldn’t suspend the rules because the resolution needs more work and suggested amending the resolution to call the CIT training part of a “security plan approved by council”

Allphin said he was open to not voting on the motion to suspend to be able to have further discussion on the resolution and then the vote was held. It was a vote of 2 to 5 with with Allphin, Gossett, Grimm, Rutherford and Scales voting no.

Allphin then introduced a motion to amend the resolution as amended. Scales seconded the motion.

Allphin said the amendment will state in section 1 that the CIT training will be part of an overall plan for security as approved by council and then Council President Susan Vessels suggested changing the wording to say that the training is part of an overall plan for security which is subject to approval by council.

Bertram read the amendment allowed, stating it adds to the section that requires them to provide proof of CIT training that the training “will be part of an overall plan for security subject to approval by this council.”

A vote on the motion to amend the resolution was held and it passed 6 to 1 with At-Large Councilman Harley Noland voting no.

Noland said the center providing security inside its building is good enough and security problems outside the center are the job of the city police. He also said the center has not had security problems in the buildings, the problems are outside the building and people don’t know if the ones causing problems have been to the center or not.

“This has gone around in circles for a problem that really isn’t their problem,” Noland said.

Allphin made a motion to suspend the third reading of Resolution No. 40 as amended twice and Rutherford seconded it. A vote was held on the motion and it was 5 to 2, with Noland and O’Neill voting no.

O’Neill said she voted no because she wants a third reading held for the resolution.

Scales, Allphin and Vessels expressed concern about the longer it takes to pass the resolution the longer it takes for the 45 days to hash out the details of the subrecipient agreement to start.

“You’re not going to sway me by making me feel guilty, I know what I’m doing,” O’Neill said. “Thank you.”

Allphin said there was no further action on the resolution and Bertram said the resolution will be addressed again at a special meeting Tuesday.

Council also held a Planning, Zoning, Housing and Annexation Committee meeting Monday night to discuss draft legislation for a camping ban.

Allphin provided a copy of the draft ordinance to council Monday evening.

The ordinance states that no person shall sleep on city-owned alleyways, public or private doorways abutting a public sidewalk, multi-use paths, bike paths, streets, sidewalks, public rights of way, parking lots, easements, parks, public grounds, buildings or other public land owned, leased, controlled or managed by the city or in a pedestrian or vehicular entrance to city, public or private property abutting a public sidewalk.

The ordinance defines camping as maintaining a campsite in a single location of city property for more than 24 hours.

The ordinance says the city can remove individuals, personal property, camping materials and campsites from city property violation of it would lead to a fine of no more than $50, but in the court’s discretion alternative penalties can be used, though these may not include imprisonment.

“My fundamental concern is enforcement,” Rutherford said of the ordinance.

Bertram said if a person does not leave after they have been asked to, they could be arrested for obstructing or trespassing and that would be up to the discretion of the police officer dealing with the incident.

Council also talked about possibly having an area where camping wolud be approved. Grimm said if they make a designated area for people to move to to camp, they could be opened up to liability if something happened to someone at the designated location, though he said it is a good idea to set up an alternative place.

Rutherford suggested if the city does provide another place that maybe the Washington County Department of Jobs and Family Services could provide transportation to the designated place.

Ward 3 Councilman Bill Gossett said if the city did set up an authorized place for people to camp they would need to set up parameters at the location.

Allphin said he is open to ideas and suggestions regarding the ordinance and then took no further action on the ordinance.

The next regular city council meeting is 7:30 p.m. Oct. 17 in Room 10 of the Marietta Armory.