February 27, 2012 Summary

MARION CITY COUNCIL MEETING


City Hall – Council Chambers on February 27, 2012, 7:30 PM

ROLL CALL – 9 members answered –Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mrs. Crowe, Mr. Smith, Mr. Daniels, Mrs. Gustin, Mr. Schaber, Mr. Edwards. Mr. Cumston moved to excuse Mr. Osborn, Mrs. Crowe seconding. By a voice vote all members voted in approval to excuse Mr. Osborn.

PRAYER LED BY PASTOR TOM TONEY

PLEDGE OF ALLEGIANCE

Summary of Proceedings for February 13, 2012, Mr. Cumston moved to approve, Mrs. Crowe seconding. The roll call: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mrs. Crowe, Mr. Smith, Mr. Daniels, Mrs. Gustin, Mr. Schaber; NAYS: None. Summary of Proceedings is approved.

Old Business:

ORDINANCE 2012-05:
ORDINANCE RE-DECLARING THE CITY OF MARION’S SUPPORT FOR DOWNTOWN MARION, INC., INCLUDING BUT NOT LIMITED TO FINANCIAL SUPPORT IN ORDER TO CONTINUE THE COMMUNITY’S EFFORTS TO REVITALIZE THE DOWNTOWN AREA
Mr. Ratliff noted that this came out of Committee with a 3-0 recommendation to send onto Council for approval, I’ll make a motion to adopt, Mr. Thomas seconding. The roll call: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mrs. Crowe, Mr. Smith, Mr. Daniels, Mrs. Gustin, Mr. Schaber; NAYS: None. ORDINANCE 2012-05 IS ADOPTED

ORDINANCE 2012-06:
ORDINANCE RE-DECLARING THE CITY OF MARION’S SUPPORT FOR CAN DO! IN ORDER TO CONTINUE THE ECONOMIC PROSPERITY OF THE GREATER MARION AREA
Mr. Ratliff noted this failed to come out of committee without a second. Mr. Thomas moved to adopt, Mr. Cumston seconding. Roll call: YEAS: Mr. Cumston, Mr. Thomas, Mrs. Crowe, Mr. Smith, Mr. Daniels, Mrs. Gustin; NAYS: Mr. Ratliff, Mr. Schaber. ORDINANCE 2012-06 IS ADOPTED

ORDINANCE 2012-7:
ORDINANCE TO VACATE THE STREET KNOWN CHENEY AVE. BETWEEN LOTS 8785/8804 (SOUTHERN END) AND LOT 8756 (NORTH END) AND AN 13’ WIDE NORTH/SOUTH ALLEY WEST OF LOTS 8756 TO 8760, IN THE CITY OF MARION, OHIO (Applicant, Nucor Steel)
PUBLIC HEARING NOW OPEN @ 7:37 PM
Richard Griffith, Marion – wanted to know if all the people down there have been notified. Mr. Thomas said yes.
Mr. Ken Lengieza said that this was approved by the City Planning Commission as well. He thanked everyone with all the solved problems. Mr. Ratliff said the plans were changed to meet everyone’s needs. Mr. Cumston noted that it’s nice to have companies stay in the community and to spend resources and money to make the plant and neighborhood better. We appreciate it.
Mr. Zulu Kelley – gates opened with several options, will it be illegal to open up the gates to access the area. Mr. Russell said he believes that it will be a criminal act.
Mr. Jerry Blevins, 220 Blain Ave, my hat is off to Nucor, thank you all very much.
PUBLIC HEARING IS NOW CLOSED @ 7:40 PM.
Mr. Thomas moved to adopt, Mrs. Crowe seconding. Roll Call: YEAS: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mrs. Crowe, Mr. Smith, Mr. Daniels, Mrs. Gustin, Mr. Schaber; NAYS: None. ORDINANCE 2012-07 IS ADOPTED

ORDINANCE 2012-10
ORDINANCE STATING THE COUNCIL OF MARION’S APPROVAL OF LYNN M. CLABAUGH’S APPLICATION TO DESIGNATE CERTAIN LANDS WITHIN THE MUNICIPALITY AS AGRICULTURAL DISTRICT PURSUANT TO ORC 929. ET AL.
Mr. Ratliff noted this came out Committee with a 3-0 recommendation for approval, I’ll ask for a public hearing
PUBLIC HEARING OPENED 7:41 PM
Mr. Thomas wanted the location of the property. Mayor Schertzer said its east of Campbell Road. Mr. Thomas asked about the application of the sledge of the WPC – does that affect this property. Mr. Russell said this is not a new application. This Ordinance would not affect a pre-existing. That ordinance would control.
PUBLIC HEARING NOW CLOSED @ 7:44 PM
Mr. Ratliff asked for a 2nd reading. ORDINANCE 2012-10 HAS HAD ITS SECOND READING

ORDINANCE 2012-15:
ORDINANCE AUTHORIZING THE SAFETY DIRECTOR FOR THE CITY OF MARION, ON BEHALF OF THE MARION MUNICIPAL COURT, TO ENTER INTO CONTRACT WITH TRECA FOR DATA INFRASTURECTURE REPLACEMENT WITHIN CITY HALL AND DECLARING AN EMERGENCY
Mr. Cumston noted that this came out of Finance with a 3-0 recommendation for approval, Mrs. Gustin would like to speak on this, and everyone did receive a letter from the Court.
Mrs. Gustin said the monies will be coming from the Court, not from the City. I do believe that this is a win/win situation for us. The Judge is going to do all City Hall and not just her area. I think it would be smart of us to support this.
Mr. Thomas said he is not going to support this. The courts do have a right to do this, but we should be bidding this out. We have Frontier, we have McKay, we are not giving these people a chance, they pay taxes. I do have a problem with the transparency with TRECA, at least some of the other people should have the opportunity to do the work.
Mrs. Gustin said she has a time frame to do this via the Supreme Court. Mr. Thomas said let us know what the time lines are. It’s not a problem.
Mr. Ratliff said there is nothing prohibiting you for not bidding it out. We should bid this out, no hint of favoritism shown with their personal relationship.
Mrs. Gustin said this would be a wise thing to do. Mr. Cumston said we need to move it to a vote. Mr. Cumston moved to suspend, Mrs. Crowe seconding. Roll call: YEAS: Mr. Cumston, Mr. Thomas, Mrs. Crowe, Mr. Smith, Mr. Daniels, Mrs. Gustin, Mr. Schaber; NAYS: Mr. Ratliff.
Mr. Cumston moved to adopt, Mrs. Crowe seconding. Roll Call: YEAS: Mr. Cumston, Mr. Smith, Mrs. Gustin, Mr. Schaber; NAYS: Mr. Ratliff, Mr. Thomas, Mrs. Crowe, Mr. Daniels. Mr. Edwards voted YEA with a tie-breaker. ORDINANCE 2012-15 IS ADOPTED

ORDINANCE 2012-16:
ORDINANCE AUTHORIZING THE MARION MUNICIPAL COURT TO ENTER INTO AN AGREEMENT WITH STATE OF OHIO ATTORNEY GENERAL’S OFFICE TO COLLECT DELINQUENT DEBT WITH CERTAIN APPROVED TERMS AS PRESENTED
Mr. Cumston noted that this came out of Finance with a 2-0 recommendation for approval. I’ll ask for a 2nd reading tonight. ORDINANCE 2012-16 HAS HAD ITS SECOND READING

NEW BUSINESS:

RESOLUTION 2012-08
RESOLUTION APPROVING AND AUTHORIZING THE MAYOR TO JOIN COUNCIL OF GOVERNMENTS PURSUANT TO CHAPTER 167 OF THE OHIO REVISED CODE
Mr. Cumston noted that this came out of Finance with a 2-0 recommendation for approval. This was brought to us by the Mayor, motion to suspend, Mr. Smith seconding. Roll Call: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Smith, Mr. Daniels, Mrs. Gustin; NAYS: Mr. Thomas, Mrs. Crowe, Mr. Schaber. RESOLUTION 2012-08 HAS HAD ITS FIRST READING

Discussion on Economic Sustainability within the Marion Community

Mr. James Barney, Vine St. spoke about how the EnVisioning Committee wants to work with the City Council, the Commissioners, and the League of Women Voters to help Marion. We’ve created a facebook page – envisioning Marion. We will continue to meet, and I hope you will join us.
Mr. Bill Grunkemeyer, 6283 Cantebery Way, Zanesville Ohio. He went onto speak about how his passion for this community for the past 15 years. I’m going to report on the Economic Sustainability.
Mr. Ratliff said thank you, I have been to those meetings. We do have a lot of positive things here. Have the next meeting been set. Mr. Grunkemeyer said he will be meeting @ 5:00 @ the Chamber on the 13th. Mr. Cumston said thank you. Until we change government, move those obstacles, there are a lot of things that go behind the scenes, for instance 911. If you move it out of the City, that’s a loss of jobs. Give us all an incentive, and not to worry about City, County, Township.
Mr. Dave Troutman, 1024 Bexley Ave., said turf battles are a serious problem. Pool the services, and try to get the turf concerns out of the process. With the government overlaps, there is a problem. How are we going to get it down, if you can’t do it, the commissioners can’t do it, then let us know, and we’ll do it.

MATTERS NOT ON THE AGENDA
Mr. Josh Daniels spoke: the revenue vs. expenditures of the City. He said he is not sure how the City is paying their bills. We need to start talking about cutting services, or expanding revenue.
Mr. Ratliff moved to add Ordinance 2012-19, Mr. Thomas second, Mr. Cumston third.
Mr. Thomas moved to add Resolution 2009-09, Mr. Cumston second, Mr. Smith, third.

ORDINANCE 2012-19
ORDINANCE TO ESTABLISH A MODERATE AND LOW INCOME HOUSING REHABILITATION PROGRAM THROUGH THE STATE OF OHIO COMMUNITY HOUSING IMPROVEMENT PROGRAM (CHIP), TO AUTHORIZE THE MAYOR AND THE MARION CITY ECONOMIC DEVELOPMENT AND PLANNING COMMISSION TO APPLY FOR, ADMINISTER THE TOTAL GRANT, AND TO AUTHORIZE THE MAYOR TO ALSO ENTER INTO A CONTRACT WITH THE MARION METROPOLITAN HOUSING AUTHORITY TO ADMINISTER THE TENANT BASED RENTAL ASSISTANCE COMPONENTS, AND DECLARING AN EMERGENCY

Mr. Ratliff noted that this came out of Jobs with a 2-0 recommendation for approval, I’m asking for a 1st reading tonight. ORDINANCE 2012-19 HAS HAD ITS FIRST READING

RESOLUTION 2012-09
RESOLUTION BY MARION CITY COUNCIL APPOINTING INDIVIDUALS TO SERVE AS MEMBERS OF THE MARION CITY PARKS AND RECREATION ADVISORY COUNCIL
Mr. Thomas moved to waive Rule 56, Mr. Cumston seconding. Roll Call: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mrs. Crowe, Mr. Smith, Mr. Daniels, Mrs. Gustin, Mr. Schaber; NAYS: None.
Mr. Thomas moved to suspend rules, Mr. Cumston seconding. Roll Call: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mrs. Crowe, Mr. Smith, Mr. Daniels, Mrs. Gustin, Mr. Schaber; NAYS: None.
Mr. Thomas moved to adopt, Mr. Cumston seconding. Mr. Ratliff stated that if there will be another opening in the future, please consider Gina Peterson. Roll Call: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mrs. Crowe, Mr. Smith, Mr. Daniels, Mrs. Gustin, Mr. Schaber; NAYS: None. RESOLUTION 2012-09 IS ADOPTED

Mr. Thomas stated that everyone should have a resume of Gary Sims, I would like to make a motion to appoint Gary as the Council’s representative to the CANDO Board, Mr. Cumston seconding. Roll Call: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mrs. Crowe, Mr. Smith, Mr. Daniels, Mrs. Gustin, Mr. Schaber; NAYS: None. MR. SIMS IS THE CANDO BOARD MEMBER
Mr. Thomas voices his concern over the State taking our local monies, and causing us a problem here. I had the Auditor run tax numbers. In local government funding we will lose about 1.4 million. We can’t create 1.4 million worth of jobs in the City. The State has taken it away from us, now they are willing to give it back to us if we join COGS, work with non-profits, I’m not sure what to do.
Mr. Ratliff said the old Drypers building is a big mess. Mr. Robbins said there has been a dispute with the persons involved. We have written up criminal charges against them.
Mr. Ratliff asked about the next payroll, we are obligated to pay our employees. Auditor Carr said we are living checkbook to checkbook. We will be getting our income tax payment, the estate tax. I know you want a great answer; we are living pay to pay. If Council has a plan, how do we get out of this situation? The numbers are what they are, we are meeting payroll. Just as fast as it’s coming in, we have an obligation to pay out. As a community what level of services are good to us. Mr. Daniels said the Auditor does not make the decisions; it is up to City Council. She is just the numbers person.
Mr. Ratliff mentioned about the grant for the 911 service. There are several signing members. I want to bring to the forefront, in case we want to stay on the table and have an input with the 911 issue. I don’t want the City to walk away from the situation.
Mayor Schertzer said he has not seen a grant application. I do think we need to be part of the grant. I’d like to see that application. We should have a motion or resolution to participate, but I’d like to see it. It’s important to see what that grant application is all about.
Mr. Thomas said in July we can apply for that money also. We are not missing anything. Mr. Ratliff said if there is another deadline, my understanding that it was going to be the March 1st. Mr. Daniels said that the majority of those dollars is grant interest loan. What money would we pay that back with? I can’t reconcile the idea of raising taxes to save money. Mr. Ratliff said 0 interest loan, you can pay it back with that money. Mr. Thomas said let’s get everybody together and speak about it in Committee.
Don Smith, 430 Pennsylvania Ave. spoke on the application, the lead would be the County, and there would be no financial obligation to the City. It is my understanding it would 4-500,000 0% interest free for 10 years.
Mayor Schertzer said thank you to Bill Grunkemeyer. Noon @ the Harding Center this Sunday there will be a Craft Show. Mayor introduced Dan DeVille from First Energy (Ohio Edison). He handed out business cards. Deals with government issues, different projects in the community.

COMMITTEES

Finance 3/5 @ 6:30
Regional Planning 3/28 @ 7:00 Cty. Bldg.
Traffic Commission 3/5 @ 6:45 N. Prospect Traffic and Speed bumps on Wilshire Dr.

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

______________________________ Dave Edwards President of Council

_________________________
Clerk of Council