April 11, 2011 Summary

MARION CITY COUNCIL MEETING


City Hall – Council Chambers on April 11, 2011, 7:30 PM

ROLL CALL –10 members answered – Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mrs. Blevins, Mrs. Masters, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber, Mr. Edwards.

PRAYER LED BY PASTOR TOM TONEY

PLEDGE OF ALLEGIANCE

Summary of Proceedings for March 28, 2011. Mr. Cumston moved to approve, Mr. Thomas seconding. The roll call: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mrs. Blevins, Mrs. Masters, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: None. Summary of Proceedings is approved.

Mayor Schertzer spoke about the different phases that the City is within the bargaining contracts with the unions. Wanted to let Council know what is going on.

Old Business:

ORDINANCE 2011-21
ORDINANCE AMENDING ORDINANCE 1969-29, COMMONLY KNOWN AS THE YARGER REPORT BY CREATING A POSITION WITHIN THE MUNICIPAL COURTS DEPARTMENT, SPECIFICALLY A PROBATION CLERK POSITION, ESTABLISHING SALARY AND BENEFITS FOR SAID POSITION AND DECLARING AN EMERGENCY
Mr. Cumston stated that this came out of committee with a 2-0 recommendation for approval, this sets the job classification and the pay rate for this current position which has already been filled, I’ll make the motion to adopt.
Dr. Gilsdorf moved to amend the job description. This is a position of trust. Add the need for criminal background check and the person involved not have any felonies. Dr. Gilsdorf asked Chief Bell if all employees have a background check. Chief Bell said yes. Mr. Cumston moved to second Dr. Gilsdorf’s amendment.
Mr. Ratliff stated that there have been problems in the past, and continue to do so. When things are not done correctly, we end up in positions we don’t want to be. ABC and skip B – come back to B – you can find yourself in a bad situation. The person is already hired, and doesn’t meet the job description that being proposed. She said that she was advised by our Law Director to do it this way.
Mr. Cumston said with an elected position, we expect for them to run their departments. I don’t want to micro manage their departments. They are fully responsible for their department and accountable. These issues should come to us in committee before it gets to the table.
Mr. Russell said all the facts should be shown. The probation dept, a need to establish a secretary/clerk position. There was not a position in the Yarger Report. The best manner to address this, that we propose a job description, and go before Council, put it into the Yarger Report. That process didn’t move forward as necessary. The judge expressed to move more quickly, there were some vacant positions in the probation area. One person was moved from the probation officer to the Chief probation officer and one position was then opened. Once this job is created, the person will be moved into this position, and paid a lower rate. Dr. Gilsdorf asked if this job was posted and were people interviewed and how many. Mr. Russell said I do not.
Mrs. Gustin asked Judge if this person believes to be a probationary employee or a permanent employee. Judge Ballinger said that she believes they think that she be a permanent employee. Everyone that works in the courts is appointed by the Judge. They can be fired and hired in a lot of different ways than other employees. I’d like to respond to Dr. Gilsdorf’s amendment – the people that are appointed by me are under my responsibility. I should be able to make that decision. I would appreciate that this ordinance be voted through. Mr. Thomas asked if you do background checks on people that you hire. Judge said my clerk of courts does that. Mr. Thomas said that the dept. head should have the right to fire and hire. I can’t see something getting attached to the Yarger Report for restrictions for felonies, there are some people out there doing a great job after their conviction. Judge agreed with Mr. Thomas. Mr. Ratliff asked if you can take us through the process. Judge said there was not posting, this person was among several people that I took into consideration. Since the day of that person being hired, I discovered that there certain procedures that the City of Marion have. If you work for the courts, it can be understood that we hire persons differently. This is a learning process for me, going through affirmative action. This is new for me.
Mr. Cumston said with the current fiscal situation, I look at it differently. When you’re looking at the City, County, I think that budget cuts, everybody has to share the pain. It’s really hard to have anybody hire somebody at this time. Judge said that the Probation position will be vacated when she moves over. It will remain empty. Dr. Gilsdorf agrees with Mr. Cumston about the fiscal constraints.
Mr. Ratliff said we are looking at our employees taking cuts everywhere. I hear you say that this is not paid out of the GF money; I have a lot of questions regarding monies. Historically, the Municipal Court deposits money back to the GF at the end of the year. Both Judge and Mr. Ratliff went on to talk about the several funds that Judge has operating within the Courts. Auditor Carr said in 2005 was to create the Probation Services fund. The prior Auditor did pay it into the General Fund as an account line item under the previous administration.
Mr. Ratliff went onto to voice all of the Judges’ funds and the monies in each fund. A lot of new funds created in the court. Judge said that we don’t control the OVI, IDAT funds, the state controls that. The Marion Municipal Court Assistance Fund pays for specialty employees, refurbish, pays for a lot of things that the court needs or would want. Mr. Ratliff said we have a lot of pots of money since 2005. Judge said there are plans for that money, we are going paperless, that costs a lot, pays for some employee’s wages, when the City is in a bind, there is a reason why that money is there.
Mr. Ratliff said employees are taking cuts, 2000-2004, the Court used to deposit an average of 300,000 back into the City. In 2010 it deposited less than 80,000 back. Judge doesn’t know what you are talking about. The court assistance fund – money collected from court costs and collected. It’s not money that can be turned over to the GF, but it is money that can be used here so the GF doesn’t have to pay a lot of stuff. In the last 3 years, the court has paid for 1 of it’s’ employees, so the GF didn’t pay for them. That’s what we have been doing each year. I volunteer to use part of the money to pay for that employee. Those funds are statutorily defined, I can’t write a check to the city to keep an employee here.
Dr. Gilsdorf asked Auditor Carr to clarify situation. Auditor Carr spoke. When asked for how many funds the court has – GF, Probation, Probation Services Fund, Marion Court Assistant fund, Court Computerization, Community corrections fund(Grant), Indigent alcohol treatment, Monitoring Fund, special project treatment fund, Court docket specialist (Grant). I was asked to put this together.
Dr. Gilsdorf asked Auditor Carr is Mr. Ratliff was correct in the monies being returned to the GF those years? The actual revenues were 79,000 in 2010. 2009 – 121, 2008 – 325,000. Dr. Gilsdorf asked about the Fire Dept on EMS funds, they return over 800,000 to the GF each year, do they have any control over that. Mrs. Carr said that’s put into a whole. Mr. Cumston said we are going to go back and do a historical look at budgets. We’ll see more of this in months to come. Mr. Ratliff said he is trying to look at the City as a whole. When the GF is short, then the court is not returning money like they used to. Judge mentioned that the court returning less money because of the slow economy. Mr. Ratliff said that your revenues are actual up. Judge explained she hasn’t seen the numbers. The court assistance fund is over and above the GF. Mr. Ratliff said more money is taken in and less money is giving back.
The roll call was taken for the amendment: YEAS: Dr. Gilsdorf; NAYS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mrs. Blevins, Mrs. Masters, Mr. Hines, Mrs. Gustin, Mr. Schaber.
Mr. Cumston moved to adopt, Mrs. Blevins seconding. The roll call: YEAS: Mr. Cumston, Mr. Thomas, Mrs. Blevins, Mr. Hines; NAYS: Mr. Ratliff, Mrs. Masters, Dr. Gilsdorf, Mrs. Gustin, Mr. Schaber. ORDINANCE 2011-21 IS DEFEATED WITH A VOTE OF 4-5.
Mr. Ratliff said he is willing to look at this in the future and to get with the Judge and get this back in committee. I’m willing to revisit this, but couldn’t tonight. Mrs. Blevins asked what is going to happen to the person. Judge said that this person would keep their job as a probation officer.

ORDINANCE 2011-24
ORDINANCE MAKING AN APPROPRIATION IN THE POOL FUND FOR THE YEAR ENDING DECEMBER 31, 2011, as amended.
Mr. Cumston noted that this came out of Finance with a 2-0 recommendation for approval, motion to adopt, Mrs. Blevins seconding. Mr. Thomas stated that the language that was adopted in the Hospital Lease. Dr. Gilsdorf said Community Health and Recreation Health.
Gary Deeter, 508 Reed Ave suggested to put the language in the Ordinance, Mr. Thomas noted that it was.
Roll call: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mrs. Blevins, Mrs. Masters, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: None. ORDINANCE 2011-24 IS ADOPTED

ORDINANCE 2011-25:
ORDINANCE APPROVING THE PURCHASE OF ONE (1) BUS FOR MARION AREA TRANSIT THROUGH THE OHIO COOPERATIVE PURCHASING PROGRAM, AND DECLARING AN EMERGENCY, AS AMENDED
Mr. Cumston noted that this came out of Finance with a 2-0 recommendation for approval; this is if funds are available. Motion to suspend, Mrs. Blevins seconding. Mr. Ratliff said we voted down the suspension of the rules, because we were waiting for further information. Any dollar figures available yet.
Mr. Jeff Marsh, Superintendent of Transit stated that no monies are available yet. We will withdraw if the match is over 10% match. ODOT says to get the approval before hand; we did receive 4 brand new buses last year through stimulus money. Mr. Cumston said the purpose of this was to get on the list; we don’t have to do it. Once we are on the list, this will replace one of the older buses we have. It comes out of capital expenses. Mr. Marsh said last year it was around 7,000.00. Mr. Ratliff said this will be paid out of the same fund as the police cruisers. If it’s not an immediate expense, I have a hard time spending it, when the fund is bare bones. Mr. Marsh said we had 3 other ordinances done the same time as this one, we thought we’d do all of the together.
Roll call for suspension: YEAS: Mr. Cumston, Mr. Thomas, Mrs. Blevins, Mrs. Masters, NAYS: Mr. Ratliff, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber. ORDINANCE 2011-25 HAS HAD ITS’ 2ND READING

ORDINANCE 2011-26:
ORDINANCE MAKING A DE-APPROPRIATION IN THE SCMR FUND FOR THE YEAR ENDING DECEMBER 31, 2011
Mr. Cumston noted that this came out of Finance with a 2-0 recommendation for approval, I ask for suspension, Mrs. Blevins seconding. Roll call: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mrs. Blevins, Mrs. Masters, 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, Mr. Thomas, Mrs. Blevins, Mrs. Masters, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: None. ORDINANCE 2011-26 IS ADOPTED

New Business:

Item 1. CDBG Grant
8:25 Public Hearing is now open for CDBG Grant Schedule for
Mr. Ken Lengieza, Regional Planning spoke – in the next 3 months the City of Marion can apply for Federal money (CDBG). These can be for street projects or, economic development housing that is targeted for low income neighborhoods or slum and blight. These are several programs. We don’t know how many there will be for next year. We don’t know the details yet, maybe a week or two. At this time, if anyone has projects, streets, storm water sewer, housing, downtown. Give suggestions to us by April 29. May 2nd has scheduled a committee to go over the projects that are submitted. I have a sign-up sheet if you can sign.
8:27 Public Hearing is now closed.

Item 2. Elgin LSD speaking on Sanitary Sewer Agreement
Service Director Jay Shoup spoke – Elgin LSD is under way with a new school K-12. The picture is to connect their sanitary sewer system with the City of Marion’s sewer system. It was cost effective way for them was to make that connection with the City.
Superintendent Bruce Gast, we will be breaking ground soon on a new K-12 school. We are looking to partner with the City.
Mrs. Nancy Hafers class president; this is a great opportunity for your consideration for us to connect us to the City. We are in a flood plain; we are surrounded by ODNR land. Connecting to a sewer system would be in our best interest. This is the right thing to do; we want to get out of the EPA business. This is the best thing to do for the future, as well as Marion City and County. We wanted to make sure our agreement would have legal review.
Mr. Chris McClosky, legal representative. Handed out a map and a breakdown of particulars. The main line is approximately 17,500 linear feet (little over 3 miles); Installation cost for the line is estimated to be 683,325; the tap fee for the line will be $31,500; The State sill be paying 56% or approximately $400,302.00; The district will also be paying the City: $400 per month to maintain the pump station and $1,300 per month service fee. The concern the district has is the Section 914.16 of the city’s ordinances – any new end user…to exert all efforts to obtain annexation. This creates an unquantifiable financial obligation to undertake some act at an unknown point in the future. This proposed site is about 4 miles outside the City of Marion and requirement that it annex will certainly not going to happen in the next year. They would be at a financial obligation to annex into the city. It violates the school district’s obligation to certify available funds for all legal obligations. We’re asking you to waive that requirement for the school district. There is precedent for the City of Marion for you to do this, there is an agreement with the City of GreenCamp that was waived for them to annex in. There is also a time constraint, we need to move the project forward under the States’ current schedule, the design team needs to start by April 25th.
Mr. Thomas suggested putting this into committee next Monday to look at this information on the 19th @ 6:40 PM. Mr. McClosky said that deadline is the 25th. Mr. Ratliff said this would come out of Committee and go to Council on the 25th. Mr. McClosky said we’d like to stay in the constraints of the States’ time frame. Mayor Schertzer said we did want to give it to you earlier. I’d like to extend our customer base out to Elgin LSD. This is going to happen more in the future, with EPA tightening their constraints. The City of Morral is going through a similar process right now. Anybody else that taps into that sewer would be required to sign an annexation agreement once they become contiguous with the City of Marion.
Gary Deeter, 508 Reed Ave, we have to have this annexation.
Dr. Gilsdorf asked about the contiguous to the borders. We can’t go out there and annex them in. Mr. Russell said they are asking to waive the annexation agreement, you are correct. Mayor Schertzer explained to Mr. Deeter that they would pay an outside sewer rate.
Mr. Gast says that the last rainfall, our HS was under water, we want to get out of the Sewer business with the EPA getting stricter. This will be a win/win situation for us all.
Quinn O’Hare, 1188 E Church St. – any private people that taps in, are they responsible for the pump. Mr. McClosky said yes.
Mr. Shoup said the City of Marion owns the line from GreenCamp to Marion, we would own the line from the school to the City – all West of town.
President Edwards indicated that we will put this under Streets & Sewers on Monday.

ORDINANCE 2011-29:
ORDINANCE AUTHORIZING AND DIRECTING THE SERVICE DIRECTOR TO ENTER INTO CONTRACT WITH HIGH TOUCH HOMES FOR THE SENATE ST. SIDEWALK PROJECT AND DECLARING AN EMERGENCY
Mr. Cumston noted that this came out of Finance with a 3-0 recommendation for approval; this is for the sidewalk project from a 2009 CDBG project. This needs to be done before June, correct. Mr. Lengieza said yes. Mr. Cumston moved to suspend, Mrs. Blevins seconding. Roll call: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mrs. Blevins, Mrs. Masters, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: None.
Mr. Cumston moved to adopt, Mr. Thomas seconding. Roll call: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mrs. Blevins, Mrs. Masters, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: None. ORDINANCE 2011-29 IS ADOPTED

ORDINANCE 2011-30:
ORDINANCE MAKING AN APPROPRIATION ADJUSTMENT TO SEWER REVENUE AND STORM WATER UTILITY FUNDS FOR HEALTHCARE FOR THE YEAR ENDING DECMEBER 31, 2011
Mr. Cumston noted that this came out of Finance with a 3-0 recommendation for approval; this is adjustment for the sewer fund; motion to suspend, Mrs. Blevins seconding. Roll call: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mrs. Blevins, Mrs. Masters, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: None.
Mr. Cumston moved to adopt, Mrs. Blevins seconding. Roll call: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mrs. Blevins, Mrs. Masters, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: None. ORDINANCE 2011-30 IS ADOPTED

ORDINANCE 2011-31:
ORDINANCE MAKING ADDITIONAL APPROPRIATION WITHIN THE SPECIAL PROJECT TREATMENT FUND OF THE MUNICIPAL COURT FOR THE YEAR ENDING DECEMBER 31, 2011
Mr. Cumston noted that this came out of Finance with a 3-0 recommendation for approval; this is a transfer of funds for Municipal Court. Motion to suspend, Mrs. Blevins seconding. Roll call: Mr. Cumston, Mr. Thomas, Mrs. Blevins, Mrs. Masters, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: Mr. Ratliff.
Dave Troutman, 1024 Bexley, what funds are being transferred. Mr. Ratliff said that is why I voted no. Mr. Cumston said you should take it up with the Judge. Auditor Carr said this is a fund with additional funds that were set aside. She’s just asking for the funds to be appropriated.
Mr. Cumston moved to adopt, Mr. Thomas seconding. Roll call: Mr. Cumston, Mr. Thomas, Mrs. Blevins, Mrs. Masters, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: Mr. Ratliff, Dr. Gilsdorf. ORDINANCE 2011-31 IS ADOPTED

ORDINANCE 2011-32:
ORDINANCE AUTHORIZING THE SERVICE DIRECTOR TO PREPARE SPECIFICATIONS AND ADVERTISE FOR BIDS FOR THE PURCHASE OF TWO (2) UTILITY TRUCKS FOR USE AT THE WATER POLLUTION CONTROL DIVISION AND SANITIARY SEWER DEPARTMENT
Mr. Thomas noted that this came out of Streets & Sewers with a 3-0 recommendation for approval; this is in the Enterprise Fund, I make the motion to suspend, Mr. Cumston seconding. Roll call: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mrs. Blevins, Mrs. Masters, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: None.
Mr. Thomas moved to adopt, Mr. Cumston seconding. Roll call: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mrs. Blevins, Mrs. Masters, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: None. ORDINANCE 2011-32 IS ADOPTED

MATTERS NOT ON THE AGENDA
Dr. Gilsdorf asked about Blain Ave, why it looks like a war zone. The Mr. Jim Bischoff stated that the contractor in the next couple of weeks will be starting. Water, Co, Gas, Telephone Co moved their facilities down Blaine Ave., our Contractor could not start on time. We can’t hold the Utility company accountable when they start late. Dr. Gilsdorf said why should the Marion community suffer, it’s the Contract’s responsibility. Mr. Bischoff said they are waiting on the weather to ease up.
Tracy Cooperider, Lilac Lane, there is asphalt sitting on the sidewalks.
Ron Schrider, TV22 it’s recklessness and neglect. They are dumping asphalt on sidewalks. A women fell down and broke her ankle. Children are getting hurt. It’s a staging area. There is cement 6’ pipe out there. You are blaming everybody else except yourselves. Mr. Bischoff said if there are complaints, please call our office.
Mr. Mike Thomas is making a committee reassignment in Finance. Taking Mrs. Gustin off and putting Mr. Schaber in her place.
Mr. Ratliff inquired about the Senior Center – we haven’t any follow up with the Commissioners asking them to come up with some monies for support.
Mrs. Sue Wisebaker, Director spoke – they are having a meeting with the Commissioners on April 26, @ 9:00 a.m. We recently have some papers from 1979 stating that the City and County acquired Kennedy Hall, they both agreed to sustain it. This will be a public meeting.
Dr. Gilsdorf stated that one of the commissioners said that if we start charging you for that, we are going to start charging you for the city prisoners that are in the Jail.
Mr. Ratliff questioned about the last de-appropriation was not presented to us.
Lt. Mike Radcliff, Gold Unit – spoke on the proposal that was presented to us by the Mayor. He went onto talk about the acting strength of the Police Dept. How many members are active and non-active. We are talking about the safety to the community. He stated a timeline starting in November 2010 and ending up to present time.
Ptl. Dave Troutman, Chair of Patrolmen’s Union spoke – unfair labor practice. It is, but I didn’t start this. This is our proposal. We are willing to do something. This doesn’t mean nobody will get laid off, it’s a huge chunk of money out of our pockets. These cuts will cost anywhere from 4-7000 per person in the dept. 2011 savings will be 220,731.55; 2012 cuts will be 210,655.00; 2013 cuts will be 210,655.00
Dr. Gilsdorf asked why are you giving us this information? Ptl. Troutman said we want to make sure you are getting the information, you are not getting it second hand, it’s not mis-information, and you are hearing it from the horse’s mouth. I don’t want you to act on anything that would be up to the Mayor.
Lt. Scott Sterling went onto to say about us trying to work with administration since November. These are my opinions. What’s the purpose? We are all suffering, why not you guys suffer a little. The public needs to know that we are suffering. He spoke about the union, about putting their lives on the line every night. He gave Council an impression of 10 less officers, handling calls, writing tickets, etc. He also told Council of his examples of 4 days last week. There are not enough officers now to protect the citizens. Our dept is running on bare bones. We’ve been trying to get recessions since November and nobody has acted on them.
Mr. Thomas asked the Mayor if he is going to take a look at this. I hope we can get this resolved.
Al Gruber, 1186 Brightwood – it takes two parties, - the unfair labor act. I hope you can get this worked out before you bring in the State.
Mr. Cumston said that he is happy that they brought this forward. This is what local control means. I’m glad that they felt ok to bring this to the floor. It’s part of the process. SB5 doesn’t allow any local input. We’re not progressive enough. People should have the courage to change. What’s important to us? Is one person important rather than another? With this fiscal climate, we’ll have to talk about issues. Thank you for coming forward!
Quinn O’hare asked what the breakdown of the Police. Lt. Sterling stated: 1 Chief, 3 Majors, 12 Lt. and 45 Patrolmen.


COMMITTEE DATES

Finance 4/19 @ 6:30 Budget Rev.
Jobs & Economic Deve. 4/19 @ 7:00 CanDo! Budget Review
Municipal Services 4/19 @ 6:45 Lincoln Park Pool
Streets & Sewers 4/19 @ 6:40 Rate Adj. & Elgin LSD

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


______________________________ Dave Edwards President of Council

_________________________
Clerk of Council