Tensions rise over Knox Park agreements at Marietta City Council meeting
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MARIETTA -- A dispute over the use of city-owned land at Knox Park became heated Thursday as Marietta City Council members and citizen and former councilman Roger Kalter traded accusations involving unauthorized work, harassment and disrespect.
The disagreement centers on portions of the park being used by neighboring property owners and proposed agreements that would allow that use to continue.
Before public comment, Councilman Jeff Schultheis said he had asked city officials whether Kalter had permission to perform work on city property. Schultheis said the city had not found a record of authorization and asked the administration to direct Kalter to stop working on city property until he receives permission.
Mayor Josh Schlicher said Kalter would need a permit for some of the work performed in the park. The city has not located such a permit, though Schlicher acknowledged Kalter may have received one under a previous administration.
Kalter responded that council approved a raised-bed garden at Knox Park about 15 years ago. He said he has planted trees and coordinated volunteer projects across the city for decades, including Marietta College's Make a Difference Day activities.
Kalter also continued his opposition to proposed agreements involving neighboring properties. He said Knox Park is slightly more than half an acre and estimated the areas in question total about 520 square feet.
"Shaded green space cools us and all living things," Kalter said, contrasting the park with the heat related to concrete and asphalt.
He argued that property owners are responsible for determining their boundaries before building.
"Whose responsibility is it when you buy a piece of property to figure out what the property line is?" Kalter said.
Later in the meeting, Councilman Jon Grimm accused Kalter of harassing people living near the park. Grimm said Kalter's volunteer maintenance was not necessarily a problem but questioned whether he had legal authorization to perform the work.
"I have witnessed Mr. Kalter's harassment of the neighbors around it," Grimm said.
Councilman Harley Noland objected to the treatment Kalter received during the meeting, saying he heard people laugh while Kalter addressed council.
"He's a former councilman, a lifelong volunteer in this community," Noland said. "No matter his opinion on the subject, he should be shown respect, not laughed at. That is beneath the behavior of this body."
The dispute involves two proposed revocable license agreements allowing neighboring property owners to use portions of Knox Park in the 500 block of Front Street.
Resolution 20, involving property owned by Donald J. McMahan, received its second reading Thursday. Grimm moved to table the resolution, but the motion failed 3-4. Grimm, Councilwoman Jade Thompson and Councilman Ron Wesel voted to table the measure, while council members Bill Gossett, Katie McGlynn, Noland and Schultheis voted against the motion.
Council did not vote on the resolution itself.
Resolution 19, involving Joseph H. Wesel II and Kathryn J. Wesel, also received its second reading without further action.
Grimm said Ron Wesel, who is a cousin of Joseph Wesel, contacted the Ohio Ethics Commission and was told he would not be required to recuse himself. Following the meeting, Ron Wesel said he has nevertheless recused himself from any final vote on the Knox Park agreements.
Council also gave a first reading to Ordinance 80, which proposes an easement for the McMahan property rather than a revocable license. Grimm said a license would end when McMahan no longer owns the property, while an easement could continue for future owners.
"A license just kicks the can down the road," Grimm said, arguing that future property owners and councils could otherwise have to address the matter again.
Grimm said the ordinance will receive all three readings to provide time for public comment.
In other business, council unanimously adopted two emergency ordinances related to replacing a generator at the city's Water Reclamation Plant.
Ordinance 76 authorizes the city to advertise for bids and enter into a construction contract. Ordinance 77 authorizes the city to seek a loan of up to $1.27 million through the Ohio Water Development Authority.
Grimm said the existing generator was purchased in 1965 and rebuilt in 1985. It needs to be replaced because parts are no longer available for repairs, he said. The city intends to seek principal forgiveness after the loan agreement is in place.
Council also gave a first reading to legislation authorizing requests for qualifications and proposals for foundry and related services for the Memorial to the Start Westward bronze sculpture project.
Council also unanimously adopted two fund-transfer ordinances. The transfers included the city's first $62,500 payment to the Southeast Ohio Building Department, insurance proceeds for repairs to a hazardous-materials trailer and city vehicles damaged in the April 1 hailstorm, impaired-driving enforcement funds and $6,000 for engineering work connected to the generator project. A separate transfer of about $15,285 within the Municipal Court's probation services fund will help pay for new flooring.
Safety-Service Director Steven Wetz said the Marietta Aquatic Center closed early Thursday because of fecal contamination in the water. The pool was undergoing cleaning and was expected to be tested Friday morning before officials decided whether it could reopen. Wetz also reported that another pump at the facility had recently failed and was rebuilt and replaced.
Resident James Wilson also urged council not to make the temporary one-way traffic pattern on Ohio Street permanent. Wilson said Ohio Street provides an important alternate route when traffic backs up around Seventh, Pike and Greene streets. McGlynn said she had also received concerns about the proposed change.
Schlicher reported that work on the Maple Street extension had been placed on hold after boulders rolled down a hillside toward the rear of a house. He also said crews removed 17 dump-truck loads of accumulated material from a 42-inch pipe involved in the city's levee project.
The next regular council meeting is scheduled for 7:30 p.m. Aug. 6.