March 1, 2011 Summary

MARION CITY COUNCIL MEETING


City Hall – Council Chambers on March 1, 2011, 7:30 PM

ROLL CALL – 8 members answered – Mr. Cumston, Mr. Ratliff, Mrs. Blevins, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber, and Mr. Edwards.

PRAYER LED BY PASTOR DOUG FORD

PLEDGE OF ALLEGIANCE

Mr. Cumston moved to excuse Mr. Thomas and Mrs. Masters, Mr. Ratliff seconding. By a voice vote all members voted in approval to excuse Mr. Thomas and Mrs. Masters.

Mr. Ratliff moved to add Resolution 2011-6 and 2011-7 to tonight’s agenda, Mrs. Cumston seconding, Mrs. Blevins third. RESOLUTION 2011-6 AND 20011-7 WILL BE ON TONIGHT’S AGENDA

Summary of Proceedings for Special Meeting February 10, 2010 and Council Meeting of February 14, 2011. Mr. Cumston moved to approve, Mrs. Blevins seconding. The roll call: YEAS: Mr. Cumston, Mr. Ratliff, Mrs. Blevins, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: None. Both Summaries are approved.

Old Business:

RESOLUTION 2011-5:
RESOLUTION TO AUTHORIZE THE SAFETY DIRECTOR TO ENTER INTO AN AGREEMENT WITH THE OHIO DEPARTMENT OF NATURAL RESOURCES FOR THE PURPOSE OF ACQUIRING FUNDS FOR THE REMOVAL AND REPLACEMENT OF INFECTED ASH TREES IN CITY PARKS
Mr. Cumston noted that this came out of Municipal Services with a 3-0 recommendation for approval, motion to suspend, Mrs. Blevins seconding. Roll call: YEAS: Mr. Cumston, Mr. Ratliff, Mrs. Blevins, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: None. Mr. Cumston moved to adopt, Mrs. Blevins seconding. Dr. Gilsdorf asked what the cost is to the City on this project. Superintendent Mike Cheney spoke. It is not more than $3,000.00. Mrs. Gustin asked what will they do with the cut trees. Mr. Cheney said we are allowed to move the wood within the State of Ohio. We can give the wood away. Roll call for adoption: YEAS: Mr. Cumston, Mr. Ratliff, Mrs. Blevins, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: None. RESOLUTION 2011-5 IS APPROVED

ORDINANCE 2011-14:
ORDINANCE AUTHORIZING THE SAFETY DIRECTOR TO ENTER INTO CONTRACT WITH MATHEWS-KENNEDY FORD, INC. FOR THE PURCHASE OF THREE VEHICLES FOR THE POLICE DEPARTMENT, AND DECLARING AN EMERGENCY
Mr. Cumston noted that this came out of Finance with a 3-0 recommendation for approval, motion to suspend, Mrs. Blevins seconding. Roll Call: YEAS: Mr. Cumston, Mrs. Blevins, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: Mr. Ratliff. Rules are not suspended. Mr. Cumston said this will be the second reading. Mr. Cumston asked what the deadline was. Chief Bell said the deadline was this morning.
Dr. Gilsdorf asked how much is in the Capital Fund. Auditor Carr said we do have the ladder truck, roof generator, police records, Pumper Truck, Computer System, all coming out of Capital – 316,000 already tagged. It’s right around 410,000.00 is what we are looking at. We are still looking at revenues coming in from Income Tax. We need to talk about the payments as far as the 309,000.00 on the pool project. Dr. Gilsdorf said Police cars total was 82,000.00. Mrs. Gustin said we have 94,000.00 not including the pool. Dr. Gilsdorf said we haven’t dealt with the pool expenses yet. Just wanted to know where we were on the account. Mr. Ratliff said the 410,000 is a moving number? Auditor Carr said yes. ORDINANCE 2011-14 HAS HAD ITS’ SECOND READING

ORDINANCE 2011-16:
ORDINANCE AUTHORIZING AND DIRECTING THE AUDITOR TAKE ALL NECESSARY STEPS TO RE-PAY THE BORROWING ASSOCIATED WITH THE TELEPHONE SYSTEM FOR CITY BUILDINGS PROJECT WHICH THE COUNCIL AND ADMINSTRATION HAVE DETERMINED TO BE NOT FEASIBLE TO PROCEED AT THIS TIME
Mrs. Gustin noted that this came out of Information Systems with a 2-0 recommendation for approval. This is the cancelation of the monies for the telephone system. Mrs. Blevins asked if there is a interest payment. Auditor Carr said the interest payment is close to 4,300.00 for the 250,000 this year. Mrs. Blevins asked where that money will come from. Auditor Carr most likely the Capital Fund. Dr. Gilsdorf asked when these funds can be returned. Auditor Carr said it will October of this year. We will have to come to you again and roll those notes in 2011. They are guaranteed at that level, a year at a time. Mr. Cumston said when you look at Capital and General Fund, with the current phone system, 1 person left if we cut persons on Friday, there is no way to answer all the phones. When we do all the improvements, Generator, Roof, do things, right and safe us money.
Mrs. Gustin moved to suspend, Dr. Gilsdorf seconding. Roll Call: YEAS: Mr. Cumston, Mrs. Blevins, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: Mr. Ratliff. Rules are not suspended. Mrs. Gustin noted that this will be the second reading. ORDINANCE 2011-16 HAS HAD ITS’ SECOND READING

ORDINANCE 2011-17:
ORDINANCE AUTHORIZING THE MARION AREA COMMUNITY IMPROVEMENT CORPORATION (CIC) TO ACT ON BEHALF OF THE CITY OF MARION TO EXECUTE AND EFFECTUATE THE SALE OF REAL PROPERTY TO PIZZUTI WP MARION LLC ASSOCIATED WITH THE WHIRLPOOL EXPANSION AND DECLARING AN EMERGENCY
Mr. Ratliff stated that this came out of committee with a 0-0 recommendation. Dr. Gilsdorf said that we have further details via Ken Lengieza. Mr. Lengieza said many years ago there was small narrow strip of land, probably had a sewer in it. The City has a 30’ easement with the new sewer, this strip of land would be traded to WP. It’s in the middle of the parking lot. Dr. Gilsdorf said it sounds like a good deal. Mayor Schertzer stated that this is just a small thing for Economic Development.
Mr. Ratliff moved to suspend, Mr. Cumston seconding. Roll Call: YEAS: Mr. Cumston, Mr. Ratliff, Mrs. Blevins, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: None; Mr. Ratliff moved to adopt, Dr. Gilsdorf seconding. Roll Call: YEAS: Mr. Cumston, Mr. Ratliff, Mrs. Blevins, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: None. ORDINANCE 2011-17 IS ADOPTED

New Business:

ORDINANCE 2011-18:
ORDINANCE AUTHORIZING AND DIRECTING THE SERVICE DIRECTOR TO PREPARE PLANS AND SPECIFICATIONS, AND ADVERTISE FOR BIDS FOR THE LINCOLN PARK ROADWAY PAVING PROJECT IN THE CITY OF MARION, OHIO
Mr. Cumston noted that this came out of Municipal Services with a 2-0 recommendation for approval, motion to suspend, Mrs. Blevins seconding. Roll call: YEAS: Mr. Cumston, Mr. Ratliff, Mrs. Blevins, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: None. Mr. Cumston moved to adopt, Mrs. Blevins seconding. Roll call: YEAS: Mr. Cumston, Mr. Ratliff, Mrs. Blevins, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: None. ORDINANCE 2011-18 IS APPROVED

ORDINANCE 2011-19:
ORDINANCE AUTHORIZING THE SAFETY DIRECTOR TO TAKE ALL STEPS NECESSARY TO CONDUCT AN R.F.P. PROCESS COMPLIANT WITH O.R.C. MANDATES RELATED TO SPEC AND BID FOR EMERGENCY MEDICAL SERVICE BILLING, AND DECLARING AN EMERGENCY
Mr. Cumston noted that this came out of Municipal Services with a 2-0 recommendation for approval, motion to suspend, Dr. Gilsdorf seconding. Roll call: YEAS: Mr. Cumston, Mr. Ratliff, Mrs. Blevins, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: None. Mr. Cumston moved to adopt, Dr. Gilsdorf seconding. Mrs. Gustin how many years this comes up. Mr. Cumston said it’s every two years. Mr. Al Gruber, 436 Brightwood, is there any chance we can do this billing in-house, instead of contracting it out. Mr. Robbins said under the RFP, maybe this is a good time to look at that. Unpaid bills takes a lot of time. It’s worth looking at. Mr. Cumston said if a city resident doesn’t have insurance, we don’t bill them. It’s for people that have insurance. Mr. Robbins said it’s called soft billing with some of it out of our office. Mr. Ratliff asked what kind of un-collected monies are there. Mr. Robbins said he doesn’t have those numbers. Our billing is drawn into the General Fund, it’s about 800,000 each year. If an outside firm can do that for less money, it’s worth it. Dr. Gilsdorf asked if they go back and try to collect the old. Mr. Robbins said they have a right to claim it. It will be a clean break. Mr. Cumston said it’s a good idea, do feasibility study. Mr. Gruber said if we are spending 80,000.00 for billing – we should look at it.
Roll call for adoption: YEAS: Mr. Cumston, Mr. Ratliff, Mrs. Blevins, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: None. ORDINANCE 2011-19 IS APPROVED

ORDINANCE 2011-20:
ORDINANCE MAKING A DE-APPROPRIATION IN THE GENERAL FUND DEPARTMENT LINE ITEMS FOR THE YEAR ENDING DECEMBER 31, 2011
Mr. Cumston said this came out Finance with a 2-0 recommendation for approval.
Dr. Gilsdorf asked about the 1.2 million deficit, you made cuts @ 800,000.00, why did you not cut @ 1.2 million? Mayor Schertzer said we are most likely going to cut again after the Governor’s numbers come out. We will be coming back to you again. Dr. Gilsdorf said another 400,000 should be cut at this time. Mayor Schertzer said that is your prerogative. Dr. Gilsdorf said 2-4 hours without pay, keep their jobs, and their benefits. The police dept wanted you to sign a green clause. Contracts null and void for the bargaining units. Have you made any agreements with any unions to maintain bargaining rights. Mayor Schertzer said he has not agreed to the green clause. Mr. Cumston said as part of the process, revenue collections and budget review will be on the second Finance meeting in March. At that time, we’ll make another decision then. The bargaining units did a nice job. There is nothing else to cut. Dr. Gilsdorf said it’s health care @ 4.5 million dollars. If that is the biggest item in our budget, we should talk about it. Mr. Cumston said as soon as the Mayor signs that Ordinance, all the monies will be de-appropriated. When we look again in March, comparison from last year, unemployment, it really affects that.
Mayor Schertzer said we need to take action on the 800,000.00 now. I want to thank the dept. heads and the employees as well. We will be closed on Friday, until revenues increase. Utility will be open, Engineers office will be open, Auditor’s office is open, and Clerk’s office is closed. There are some dept’s that I don’t have control of. I’m only asking that you take your percentage cut. Mr. Ratliff asked where the 800,000 came from. Mayor Schertzer said it was my number. Mr. Ratliff asked how it was arrived. Mayor Schertzer said it’s from the previous year’s revenues. And the revenues estimated in the 2011 budget. We hope for no more declining. It’s like a roller coaster. Mr. Ratliff asked the Auditor if she was comfortable with the 800,000.00. Auditor Carr said with just income tax – that is fine. I was more comfortable with the 1.2. I was taking into the effect the revenues in January. Mr. Ratliff asked if the 800,000 is the line of losing employees? Mayor Schertzer said if you want to do the 1.2, it’s your prerogative. I don’t want to make a cut, until we hear from the State. We don’t know anything yet. Things change drastically; I’m not willing to pull that trigger now. If we have to make a significant cut, clearly there will be lose of employment.
Dr. Gilsdorf asked Auditor Carr about the January income. Auditor Carr said we were down 350,000 in January. That is a hard number. Mayor Schertzer said that she is absolutely correct. When you compare April and May, the numbers will be up. The first quarter was our gage, I’m trying to get through the first quarter. Mr. Cumston said it’s mostly real money out of people’s pockets. Mayor took a conservative side on this. He’s in a difficult position right now. I’ll make a motion to suspend, Mrs. Blevins seconding. The roll call: YEAS: Mr. Cumston, Mr. Ratliff, Mrs. Blevins, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: None. Mr. Cumston moved to adopt, Mrs. Blevins seconding. The roll call: YEAS: Mr. Cumston, Mr. Ratliff, Mrs. Blevins, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: None. ORDINANCE 2011-20 IS ADOPTED

Mr. Ratliff moved to waive Rule 56 for Resolution 2011-6, Mr. Cumston seconding. Roll call: YEAS: Mr. Cumston, Mr. Ratliff, Mrs. Blevins, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: None.

RESOLUTION 2011-6
RESOLUTION TO CONGRESS IN SUPPORT OF FULL FUNDING OF THE FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT BASED ON ITS BENEFIT TO THE CITY OF MARION WHILE RECOGNIZING THAT SOME CUTS IN THE PROGRAM BE CONSIDERED, BUT ONLY IF PART OF A FEDERAL FISCAL BUDGET PLAN THAT MAKES MEANINGFUL REDUCTIONS IN ALL SECTORS OF THE FEDERAL BUDGET, AND DECLARING AN EMERGENCY
Mr. Ratliff stated that he believes the Mayor had sent a letter stating the same. We have a lot of projects that need to done in the City. It’s important for us to show and speak up and say we want and need all the grant money we can get. I make the motion to suspend, Mr. Cumston seconding. Roll call: YEAS: Mr. Cumston, Mr. Ratliff, Mrs. Blevins, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: None. Mr. Ratliff moved to adopt, Mr. Cumston seconding. Roll call: YEAS: Mr. Cumston, Mr. Ratliff, Mrs. Blevins, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: None. RESOLTION 2011-6 IS ADOPTED

Mr. Ratliff moved to waive Rule 56 for Resolution 2011-7, Mr. Cumston seconding. Roll call: YEAS: Mr. Cumston, Mr. Ratliff, Mrs. Blevins, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: None.

RESOLUTION 2011-7
RESOLUTION EXPRESSING THE COUNCIL FOR THE CITY OF MARION'S FINDING THAT A WEATHER RELATED NATURAL DISASTER OCCURRED IN THE EARLY MORNING HOURS OF FEBRUARY 28, 2011 AND AUTHORIZING THE MAYOR OR HIS DESIGNEE TO COMPLETE ALL PROCESSES AVAILABLE TO ASSIST THE CITIZENS OF THE CITY AS THEY RECOVER FROM THE STORM RELATED DAMAGES AND DECLARING AN EMERGENCY

Mayor Schertzer said that Mr. Harry Burdick is here to assist us in this process. This Thursday the County Commissioners will pass a resolution also asking support from the State. My responsibility is in the City. Ohio EMA and worked with State Senator, Karen Gilmore, same numbers and same advice. As a result this is what if before us. I’ll sign this after the Commissioners meeting.
Mr. Harry Burdick spoke. It is much better to have a joint resolution. This will be one effort. There are 8 other counties that are declaring disaster. We will set up with the Feds, if this goes through, we will have preliminary damage assessment (PDA). Survey of their property, once they are done, they will be turned into the State level. Prospect at flood stage tonight is over 14’, which might hang tight in there for 36 hours. We have a shelter @ Dry Lane Rd. We had 12 people over there. We can’t assist people with pets. We have arrangements with several Vets for housing. We have the plan in motion. This process will take a little bit of time. The ice storm, the City was able to recoup about 50,000 back then.
Mr. Cumston said that how important Harry Burdick and Trina Rose from the Red Cross, they both do a tremendous job. Mr. Burdick said that from homeland security will be giving 25,000 to the police dept for radios, and 20,000 for the Fire Dept.
Trina Rose, Marion County Red Cross spoke. My office has been inundated with calls. Calls from every ward. There are people out there in the city that have no power or no heat. Moving with this declaration, this helps us to access national dollars. We are only on local dollars. We have adequate facilities, 24/7 as needed.
President Edwards asked what does the person do with their damages, do they wait? Mr. Burdick said if there is street damage, they should get along as best as they can. Photograph everything that is a disturbed state. This is not a fast moving task.
Mrs. Gustin asked about the getting out the notices to get the ball rolling. Mr. Burdick stated once the declaration is signed it will have to go through the State level. When that is done, we will be on the media quite a lot. We will have places set up, publicize these areas with the help of the State. Mrs. Rose said we are also tracking those persons that have already gotten in touch with us. We are trying to do an informal gathering with some of this data.
Mr. Edwards stated that he knows of a person on Richmond Ave in Fairpark, he went onto say that person said if the City had not done the work in the last couple of years, his house probably would have been washed away. The work that the city has done doing the streets, we still have to remember that all this work pays off in the end.
Mrs. Gustin asked Pastor Ford about getting the churches together in helping others. Love Inc. is the entity that ask for help. Our church has helped last year with 15,000 with caring for people in Marion. We can contact them immediately. About 20-25 churches would be readily accessible. Our church is one of the disaster reliefs that is needed. Maybe Red Cross has some other that can be accessed. Mrs. Rose said it’s mainly the appliances that they have lost. The second one is individuals that have clean up needs for their homes. Maybe age or disability, they can’t clean up on their own. Love Inc, Salvation Army, and Habitat, we’ve gotten in touch with for volunteers.
Mr. Cumston moved to suspend, Mr. Ratliff seconding. The roll call: YEAS: Mr. Cumston, Mr. Ratliff, Mrs. Blevins, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: None. Mr. Cumston moved to adopt, Mr. Ratliff seconding. The roll call: YEAS: Mr. Cumston, Mr. Ratliff, Mrs. Blevins, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: None. RESOLTION 2011-7 IS ADOPTED

MATTERS NOT ON THE AGENDA:

Dr. Gilsdorf asked about the determination of the priority of streets repairs and resurfacing. Merchant, Clover, Homer and Spencer. Can we up the priority and get them repaired.
Mr. Jim Bischoff spoke – the intent is to do all 4 of them this year. We took 2 at a time based on what fund we have. Without selling notes or borrowing money. We’ll dig out the trenches with our funds. Half of those streets, would like to try them during the spring. I would like to attempt to dig out the other two by the end of the year.
Dr. Gilsdorf said are we blowing smoke. Mr. Bischoff said he does not direct to do the potholes. We can’t exceed 10% of any of our lines items. Council has passed the spec & bid with the first 2. We have to talk to the Deputy Auditor and make sure that we have the funds. Dr. Gilsdorf said patching potholes, you never said I don’t do that. Mr. Bischoff said I can put a word in for you. You put in a change order instead of dealing with the potholes. Mr. Bischoff said I apologize for not telling you. We just needed to watch our line items.
Mr. Hines asked how it is legal how you could put the trash bill on somebody property tax. Mr. Russell said the existing City Code – certain circumstances, with a number of factors are in place, that can be the end result. This is an attempt to recover of the users of the system. If all the factors are in place, that can be the end result, that’s assuming that they are all there. Mr. Hines asked if this in our Codified Ordinances? Mr. Russell said yes it is.
Dr. Gilsdorf said it appears to me that Mr. Shoup described the persons trash gets collected the first week, the second and third week, the City doesn’t collect the trash, and the files the against the user, because they created a nuisance, that is how you go after them, is that correct? Mr. Russell said it also violates the City Code 943 not to pay your user charge. There is a number of means available for the administrators to collect the monies due. Circumstance of entrapment, creating a littering nuisance, it doesn’t seems quite right to me. You might not want to approach it that way. Mayor Schertzer said, please come in and we’ll speak about it. Dr. Gilsdorf asked when will it be on the committee schedule.
Mr. Edwards said that Mr. Thomas is the chair of that committee, there is a conflict of interest with Municipal Services, that is why I was going to put in Streets and Sewers.
Mayor Schertzer said when persons put out a lot of trash, you would get a special charge assessment. We would like to do with the flood damage personal property; we would waive that special charge. Wednesday, March 2 – through March 8, would complete every cycle in the City to pick up flood damaged personal property that people have. Also this Saturday, 9-AM to Noon at the Jefferson St. Firehouse and the Bellefontaine Street Fire house, and by the Rec Center will have packers in place where people can drop off their material. This will be free for City residents.
Mr. Bischoff spoke – he has a pavement condition rating system of all of the streets in town for the resurfacing project. Streets are broken down to about 537 segments. We go out and review 50-60 of those segments. Of those segments we get about 12-18 paved a year. It’s a maintenance project – maybe 8-10 years life. 6-700,000 spent a year. We determine what streets are paved. Dr. Gilsdorf said that Council can change it, is that valid to make this thing work. Mr. Bischoff said our application has been filed with OPWC for grant money. There is no guarantee that we have money in the storm fund to do this. Dr. Gilsdorf asked about the Boulevard – Delaware to Leetonia. – will that be resurfaced. Mr. Bischoff said we are experiencing frosting, poor drainage, it did go down significantly. Looking to rebuild that section, curbs, sidewalks, under drains, 71,000 to resurface that – to rebuild it would be 1.2 million. Our focus has been Sewer Driven. The Boulevard was never constructed to receive that kind of traffic. Dr. Gilsdorf said it has never had a washboard effect. Mrs. Gustin asked about publishing the ongoing list. Mr. Bischoff said we review streets every year for OPWC application, that list can change. Dr. Gilsdorf said the Boulevard is a cut through. Mayor Schertzer said he would love to see a total rebuild on that road. Dr. Gilsdorf said there were plenty of high water barricades put up, when people drive around that barricade, that’s a ticket able offense, isn’t it? Chief Bell said yes it can be. Dr. Gilsdorf said the people have driven over the medium up and down the boulevard, that’s city property. There residents have been taken care of that property since1925. The residents are considering, if this is the way it’s going to get treated, let the City take care of it.
Mark Bash, Streets Supervisor, the base on the road lasts about 30 years, the moisture pops up the street. Around the boulevard, we’ll get that this spring, concerning the plowing of the snow.

COMMITTEES

Finance 3/7 @ 6:30
Job & Economic Development 3/22 @ 7:00 D.T. Group
Legislation Codes 3/7 @ 6:40
Regional Planning 3/23 @ 7:00 County Bldg.

With no further business to come before council, President Edwards adjourned the meeting.


______________________________ Dave Edwards President of Council

_________________________
Clerk of Council