December 27, 2011 Summary

MARION CITY COUNCIL MEETING


City Hall – Council Chambers on December 27, 2011, 7:30 PM

ROLL CALL – 8 members answered – Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mr. Smith, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; Mr. Cumston moved to excuse Mrs. Blevins and Mr. Edwards, Mr. Ratliff seconding. By a voice vote all members voted in approval to excuse both.

THE LORDS PRAYER

PLEDGE OF ALLEGIANCE

Summary of Proceedings for December 12, 2011. Mr. Cumston moved to approve, Mr. Smith seconding. By a voice vote all members voted in approval. Summary of Proceedings approved.

Old Business:

ORDINANCE 2011-81:
ORDINANCE AMENDING MARION CODIFIED ORDINANCE SECTIONS 105.01, RESUBDIVIDING THE CITY INTO WARDS PURSUANT TO OHIO REVISED CODE 731.06
Mr. Thomas moved to amend by putting the ER Clause on there, Mr. Cumston seconding. Roll Call: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mr. Smith, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: None.
Mr. Thomas moved to suspend, Mr. Cumston seconding. Roll Call: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mr. Smith, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: None.
Mr. Thomas moved to adopt, Mr. Cumston seconding. Roll Call: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mr. Smith, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: None. ORDINANCE 2011-81 IS ADOPTED

ORDINANCE 2011-91:
ORDINANCE AMENDING MARION CODIFIED ORDINANCE 193.14(C), ALLOCATION OF FUNDS WITHIN CHAPTER 193; MUNICIPAL INCOME TAX
Mr. Cumston noted that this came out of Finance with a 3-0 recommendation for approval, motion to suspend, Mr. Smith seconding. Roll Call: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mr. Smith, Mrs. Gustin, Mr. Schaber; NAYS: Dr. Gilsdorf, Mr. Hines. ORDINANCE 2011-91 HAS HAD ITS FIRST READING

New Business:

RESOLUTION 2011-27:
RESOLUTION CONFIRMING THE RE-APPOINTMENT, BY THE MAYOR, OF STEVE WILLIAMS AS A MEMBER OF THE MARION CITY DESIGN REVIEW BOARD
Mayor Schertzer spoke: we ask Council to re-appoint him to the Design Review Board. Mr. Cumston moved to suspend, Mr. Smith seconding. Roll Call: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mr. Smith, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: None.
Mr. Cumston moved to adopt, Mr. Smith seconding. Roll Call: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mr. Smith, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: None. RESOLUTION 2011-27 IS ADOPTED

ORDINANCE 2011-92:
ORDINANCE AUTHORIZING AND DIRECTING THE SERVICE DIRECTOR TO PREPARE PLANS AND SPECIFICATIONS, AND ADVERTISE FOR BIDS FOR THE NYE STREET STORM SEWER IMPROVEMENTS, PROJECT 11-2S IN THE CITY OF MARION, OHIO, AND DECLARING AN EMERGENCY
Mr. Thomas noted that this came out of Committee with a 3-0 recommendation, I move to suspend, Mr. Cumston seconding. Roll Call: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mr. Smith, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: None.
Mr. Thomas moved to adopt, Mr. Cumston seconding. Roll Call: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mr. Smith, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: None. ORDINANCE 2011-92 IS ADOPTED

ORDINANCE 2011-93:
ORDINANCE AUTHORIZING AND DIRECTING THE SERVICE DIRECTOR TO APPROVE A CHANGE ORDER WITH MAPLE CITY CONCRETE, LLC FOR THE 2011 SIDEWALK PROGRAM AND DECLARING AN EMERGENCY
Mr. Cumston noted that this came out of Committee with a 3-0 recommendation, I move to suspend, Mr. Schaber seconding. Roll Call: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mr. Smith, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: None.
Mr. Cumston moved to adopt, Mr. Schaber seconding. Roll Call: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mr. Smith, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: None. ORDINANCE 2011-93 IS ADOPTED

ORDINANCE 2011-98:
ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN ADDENDUM TO THE COLLECTIVE BARGAINING AGREEEMENT BETWEEN THE CITY OF MARION AND IAFF LOCAL 379 TO INCORPORATE CONCESSION NEGOTIATED FOR 2012, AND DECLARING AN EMERGENCY
Mr. Cumston noted this came out of Finance with a 3-0 recommendation for approval. This is what the bargaining unit made concessions to have all their boys working, motion to suspend, Mr. Schaber seconding. Roll Call: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mr. Smith, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: None
Mr. Cumston moved to adopt, Mr. Schaber seconding.
Dr. Gilsdorf asked about sick leave sell-back which is being deferred. The history on this, back in 2006, a fund was established to save money. When they retired, they can sell back their sick leave, there is no money to cover it – it’s all gone. I tried to figure out for 5 years how this can be handled how they can get their money when they retire. In the near future there will be 960,000 retirees in one year and 640,000.00 in another. How are you going to get paid?
Ed Lucius spoke – it’s 100% given back. What you’re talking about, it’s not addressing this. We haven’t sitting down and looked at that. We have looked at it during the short term – this year coming up. It’s what the Administration does. We all understand that there is no money in the future.
Dr. Gilsdorf said OK, I just wanted to know how that was going to get paid.
Roll call for adoption: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mr. Smith, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: None
ORDINANCE 2011-98 IS ADOPTED

Mr. Cumston noted that items needed to be added to the agenda this evening. 2012-2, 2012-3, 2012-4, 2011-100, and Mr. Ratliff added 2011-94, 2011-95, 2011-96, 2011-97, 2011-99.
Mr. Ratliff seconding the adding on, Mr. Smith third the adding on.
Mr. Thomas noted that 2012-2, 2012-3, 2012-4, 2011-100, 2011-94, 2011-95, 2011-96, 2011-97 and 2011-99

ORDINANCE 2011-94
ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO PREPARE AND ADVERTIZE A REQUEST FOR QUALIFICATIONS FOR HOUSING INSPECTION SERVICES AND ENTER INTO CONTRACT WITH THE MOST QUALIFIED INDIVIDUAL OR FIRM FOR THE FORMULA GRANT AND THE COMMUNITY HOUSING IMPROVEMENT PROGRAM (CHIP) GRANT, AND DECLARING AN EMERGENCY.
Mr. Ratliff spoke: this looks at our future grant and gives us a better avenue for a housing inspector to move a little bit smoother for the CHIP and Formula Grants, I’ll make a motion to suspend, Mr. Cumston seconding.
Roll call: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mr. Smith, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: None
Mr. Ratliff moved to adopt, Mr. Cumston seconding. Mrs. Gustin asked if we had anyone in-house to do this. Mr. Lengieza said I don’t think so.
Roll call for adoption: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mr. Smith, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: None
ORDINANCE 2011-94 IS ADOPTED

ORDINANCE 2011-95
ORDINANCE TO ESTABLISH A PROGRAMMATIC AGREEMENT FOR HUD FUNDED PROJECTS BETWEEN THE OHIO HISTORIC PRESERVATION OFFICE AND THE CITY OF MARION AND DECLARING AN EMERGENCY
Mr. Ratliff spoke: This gives us a better avenue for us to move a bit smoother for the CHIP and Formula Grants, I’ll make a motion to suspend, Mr. Smith seconding. Roll call: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mr. Smith, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: None
Mr. Ratliff moved to adopt, Mr. Smith seconding. Roll Call: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mr. Smith, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: None. ORDINANCE 2011-95 IS ADOPTED

ORDINANCE 2011-96
ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A REVOLVING LOAN ADMINISTRATION AGREEMENT WITH THE STATE OF OHIO, DEPARTMENT OF DEVELOPMENT, AND DECLARING AN EMERGENCY
Mr. Ratliff spoke: This gives us a better avenue for us to move a bit smoother for the CHIP and Formula Grants, I’ll make a motion to suspend, Mr. Smith seconding. Roll call: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mr. Smith, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: None
Mr. Ratliff moved to adopt, Mr. Smith seconding. Roll Call: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mr. Smith, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: None. ORDINANCE 2011-96 IS ADOPTED

ORDINANCE 2011-97
ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS NECESSARY TO GRANT THE REAL PROPERTY OWNER OF 181 S. MAIN STREET AN EASEMENT PROVIDING AUTHORITY TO CONSTRUCT A WHEELCHAIR RAMP WITHIN THE CITY’S RIGHT-OF-WAY OF SOUTH MAIN STREET
Mr. Ratliff spoke: I’m asking for a 1st reading tonight. ORDINANCE 2011-97 HAS HAD ITS FIRST READING

ORDINANCE 2011-99
ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO PREPARE AND ADVERTIZE A REQUEST FOR QUALIFICATIONS FOR A ENVIROMENTAL CONSULTING FIRM AND ENTER INTO CONTRACT WITH THE MOST QUALIFIED INDIVIDUAL OR FIRM IN ORDER TO APPLY FOR A PHASE II ASSESSMENT OF THE FORMER FAIRFIELD ENGINEERING PROPERTY, AND DECLARING AN EMERGENCY.
Mr. Ratliff said this came out of Committee tonight; there is no local money in this. It was a funded project, I make the motion to suspend, Mr. Smith seconding. Roll call: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mr. Smith, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: None
Mr. Ratliff moved to adopt, Mr. Smith seconding. Roll Call: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mr. Smith, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: None. ORDINANCE 2011-99 IS ADOPTED

Mr. Cumston noted that we will have a Special Meeting on January 2, 2012 with the following Ordinances. 2012-01, 2012-02, 2012-03, 2012-04. Mr. Smith seconding. Roll Call: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mr. Smith, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: None.

ORDINANCE 2011-100
ORDINANCE MAKING APPROPRIATION ADJUSTMENTS IN VARIOUS FUNDS FOR THE YEAR ENDING DECEMBER 31, 3011
Mr. Cumston noted that this came out of Finance with a 3-0 recommendation for approval, this is the final year-end adjustments, I move to suspend, Mr. Smith seconding. Roll Call: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mr. Smith, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: None.
Mr. Cumston moved to adopt, Mr. Smith seconding.
Mrs. Gustin asked is there anything that should be brought to our attention. Auditor Carr said I asked for lee-way, we have payroll on Friday, Debt Service, I knew this was not going to be the final one. Payroll if finalized now, the Debt Service, notes was rolled over to bonds, we wanted to make sure that was in order and some of our ARRA Grants. Mrs. Gustin said there was nothing then. Auditor Carr said no. Dr. Gilsdorf asked what the GF is right now. Auditor Carr said a minus of 78,525.00. Auditor Carr said we still have a few days to collect revenue, and income tax. I’ll be here on Friday for the ADP payment, that’s what we’ll be waiting on. Dr. Gilsdorf asked when the next pay period is. Auditor Carr said she believes it would be the 6th of January. Dr. Gilsdorf asked about payroll, will you make it. Auditor Carr said that we will make payroll. We will have to make payroll one way or another, to use that checkbook or other funds. One check book - all 64 funds run through. Dr. Gilsdorf said if there’s not enough money in the GF, you’re going to borrow from the other funds. Take it wherever you need to. It’s fundable. Auditor Carr said I’m not allowed to do that, but I have no choice but to make payroll for the City of Marion0. There will be an audit finding potentially if we don’t recover to get the GF back in balance. Dr. Gilsdorf asked then what happens next pay period. If things don’t get on track, we do have the 2012 budget coming in. Income tax payments, I hope for the difference to be made up for that, if not, I’ll be coming back on Council floor asking for adjustments.
Dr. Gilsdorf asked what Fiscal ER and Fiscal Watch means, can you explain. Auditor Carr said Fiscal caution is basically says “we are watching” your funds are low, you need to watch. Fiscal ER means that they can come in and tell us what we are going to do and where we are going to spend our money. The State would definitely come in and make decisions for administration and Council, no ifs, ands or buts about it. Our problem is GF – it is not all of our funds. We have over 13 million dollars in all of our funds. GF fund is what is causing our biggest problem right now.
Dr. Gilsdorf said statutorily all of those funds that comprise of the 13 funds, the monies should stay there, because they are designated to certain things. Mrs. Carr said even the State Auditor would tell me to make payroll on January 6. We have to make changes if it’s not there with the balance budget. I am hoping to break even this year. Dr. Gilsdorf said the State Auditor would tell you to make payroll, then turn around and tell you that you did something wrong. Auditor Carr said yes.
Roll call for adoption: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mr. Smith, Dr. Gilsdorf, Mr. Hines, Mrs. Gustin, Mr. Schaber; NAYS: None. ORDINANCE 2011-100 IS ADOPTED

Matters not on the Agenda

Mayor Schertzer spoke on the ground breaking @ the Transit Dept on January 4, @ 2:00 PM. – this is from the ARRA Money – we would like for you to attend.

Ed Christian, Main Street – spoke about scrutiny and watch dogging.

Ralph Christian, Jefferson spoke about FOP payback with Major McDonald. Start policing your own.

Mr. John Mathews spoke: awarded and presented a proclamation from the Governor to Dr. Gilsdorf.

Mr. Thomas thanked Dr. Gilsdorf, Mr. Hines and Mrs. Blevins for all the good work that they have done in the past years.

Mr. Terry Cline. 400 E. George St. spoke on the St. James alley again.

Mr. Mike Thomas spoke on the alley – we have met all requirements on that alley, until the 6 people will come and want to vacate that alley, we will leave it as an unimproved alley. Mr. Ratliff said all that is being asked here is the items in the alley should be removed, and administration is not enforcing it.

Mr. Charlie Cline, 211 St. James St spoke on the alley also.

Mayor Schertzer spoke – it will stay as an unimproved alley – it has been that way for decades.

COMMITTEE DATES

Finance 1/17/2012 @ 6:30


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


______________________________ Dave Edwards President of Council

_________________________
Clerk of Council