March 12, 2012 Summary

MARION CITY COUNCIL MEETING


City Hall – Council Chambers on March 12, 2012, 7:30 PM

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

PRAYER LED BY PASTOR DOUG FORD

PLEDGE OF ALLEGIANCE

Summary of Proceedings for February 27, 2012, Mr. Cumston moved to approve, Mrs. Crowe seconding. The roll call: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mrs. Crowe, Mr. Smith, Mr. Osborn, Mr. Daniels, Mrs. Gustin; NAYS: None. Summary of Proceedings is approved.

Old 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, motion to suspend, Mr. Smith seconding. Roll Call: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Smith, Mr. Osborn, Mr. Daniels, Mrs. Gustin; NAYS: Mr. Thomas, Mrs. Crowe.
Mr. Cumston moved to adopt, Mr. Smith seconding.
Mr. Thomas asked the Mayor if he was going to come back to us before he enters into any agreement. Mayor Schertzer said if we enter into an agreement that allow us to go after some grant money. Absolutely I would do come back and ask Council. I would keep you informed to join.
Mr. Thomas said his concern is who we consolidate and what we consolidate and if there is a time I wish the Council people would have that information. Mayor said I hope some of COGS would come to the City for some of our services, for an example our Central Garage. Mr. Thomas said just as we are kept informed. Mayor Schertzer said yes.
Roll call for adoption: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mrs. Crowe, Mr. Smith, Mr. Osborn, Mr. Daniels, Mrs. Gustin; NAYS: None RESOLUTION 2012-08 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. Ratliff said this is the 3rd reading tonight. Mr. Thomas has some information on this. The concern was the location of the property, I did find out that the application of the sludge from the Waste Water Treatment Plant, there is an EPA finding that sludge cannot be applied East on Campbell Rd. That was the concern on that property.
Mr. Ratliff said this is not a new application; I’ll make the motion to adopt, Mr. Thomas seconding. Roll call for adoption: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mrs. Crowe, Mr. Smith, Mr. Osborn, Mr. Daniels, Mrs. Gustin; NAYS: None ORDINANCE 2012-10 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 3-0 recommendation for approval. This is the 3rd reading, motion to adopt, Mr. Smith seconding. Roll call for adoption: YEAS: Mr. Cumston, Mr. Thomas, Mrs. Crowe, Mr. Smith, Mr. Osborn, Mr. Daniels, Mrs. Gustin; NAYS: Mr. Ratliff. ORDINANCE 2012-16 IS ADOPTED

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 we need to have a public hearing this evening.

PUBLIC HEARING OPENED 7:40 PM

Ms. Evie Cummings said this is a Housing application – grant application is to have a variety of activities.

Rental Rehabilitation = 118,000
Tenant Based Rental Assistance = 120,000
Private Owner Rehabilitation = 84,000
Home Repair = 96,000
New Construction – Habitat = 22,000
Emergency Monthly Hsg Assistance = 10,000
Administration = 50,000
Total: 500,000

That’s the proposed application – it’s due April 2. This is the 2nd reading tonight, if you feel comfortable, you can waive the 3rd reading. Mr. Ratliff asked how people can apply for this. Mrs. Cummings said it would be the Regional Planning Office; we are in the County Bldg @ 222 West Center St. We take applications with for the rental rehabilitation, home repair program, the private owner rehab. We have been coordinating with Ohio Heartland Community Action for the foreclosure – they would apply with them. If anybody is interested in rental – that would be Metropolitan Housing. They have a waiting list for years. Those would be the 3 entities where we take applications.
Mr. Ratliff said that this is a grant we get and it’s 500,000 to improve housing in our community. It is limited to 500,000; I wish it could be more. Please sign the tablet this evening.

PUBLIC HEARING CLOSED 7:44 PM

Mr. Osborn moved to suspend, Mr. Ratliff seconding. Roll call: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mrs. Crowe, Mr. Smith, Mr. Osborn, Mr. Daniels, Mrs. Gustin; NAYS: None
Mr. Ratliff moved to adopt, Mr. Osborn seconding. Roll call: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mrs. Crowe, Mr. Smith, Mr. Osborn, Mr. Daniels, Mrs. Gustin; NAYS: None ORDINANCE 2012-19 IS ADOPTED

NEW BUSINESS:

RESOLUTION 2012-10
RESOLUTION AUTHORIZING THE AUDITOR TO TRANSFER APPROPRIATED GENERAL FUND MONIES TO TRANSIT AND SCHOOL RESOURCE OFFICER GRANT FOR THE YEAR ENDING DECEMBER 31, 2012
Mr. Cumston noted that this came out of Finance with a 3-0 recommendation for approval, motion to suspend, Mrs. Crowe seconding. Roll Call: Mr. Cumston Mr. Ratliff, Mr. Thomas, Mrs. Crowe, Mr. Smith, Mr. Osborn, Mr. Daniels, Mrs. Gustin; NAYS: None.
Mr. Cumston moved to adopt, Mrs. Crowe seconding. Roll Call: Mr. Cumston Mr. Ratliff, Mr. Thomas, Mrs. Crowe, Mr. Smith, Mr. Osborn, Mr. Daniels, Mrs. Gustin; NAYS: None. RESOLUTION 2012-10 IS ADOPTED

RESOLUTION 2012-11:
RESOLUTION OPPOSING THE STATE OF OHIO FROM SEEKING TO TAKE CONTROL OF MUNICIPAL TAX COLLECTION, AND DECLARING AN EMERGENCY
Mr. Cumston noted that this came out of Finance with a 2-1 recommendation for approval, motion to suspend, Mr. Smith seconding.
Mr. Ratliff said in the paper Columbus said this is something that they are looking at. Mayor Schertzer said he ran into our State Rep. Dorothy Polanda this afternoon and wanted to make sure that she got a copy of this resolution. You may be right; she indicated that she wanted this for the situation if legislation is going to be crafted, that these can be taken into consideration when that time comes. I don’t believe there is a bill in the legislature at this time, but she was interested in this.
Auditor Carr said she doesn’t believe there is legislation on the floor yet, but OML has been keeping a very close eye on this. They finally were invited to the meetings. Deputy Chaffin supplied you with all the articles from OML. Mr. Thomas said he read through the information and the CPA has been asking the State to do this for plenty of years. This is a prime opportunity for us to send out this letter and let them know that we are not interested in State to take over the collection.
Mr. Daniels said he just hasn’t seen a proposal or a piece of legislation, I haven’t heard any comment of what idea of taking the system over. If you have a proposal, let us see it. I would like to see a proposal before we object to it. Mr. Thomas said he understands what Mr. Daniels is saying. I have watched the Generally Assembly; they have worked rather quickly in some issues. I feel we better to this now, at least let them know that we know something is going on down there, and we object to it. Mr. Daniels said I agree with Mr. Thomas on the quickness without any public input. I don’t like to object to things when I don’t know what’s on the table. Mr. Ratliff said I would vote for this. I’d rather keep that in-house. We need the community to pay the taxes to be paid and do it in house, not ship it down to Columbus. Mr. Daniels said there is one agent that does the tax collection in the office. There have been 3 at one time. On a side note, I don’t know if we are adequately with that man power to collect the taxes. Auditor Carr said we actually went down to one this year because of contract settlement. That position is being opened up. If you look at the tax collection in the past, we have been pretty steady. The concern I have is cash flow, being tight right now. We rely on that daily. If the State takes that over, how long is that period, it’s actually costing us 1.6% of 12 million dollars which is the cost to us vs. 3-5% in collection from other cities. The unknown is there. Please consider this. Mr. Cumston noted that I don’t want to lose local control. It’s been discussed a lot in the past 9 months with OML. I choose local control.
Roll call for suspension: Roll Call: Mr. Cumston Mr. Ratliff, Mr. Thomas, Mrs. Crowe, Mr. Smith, Mrs. Gustin; NAYS: Mr. Osborn, Mr. Daniels. RESOLUTION 2012-11 HAS HAD ITS FIRST READING

RESOLUTION 2012-12:
RESOLUTION IN OPPOSITION TO THE STATE OF OHIO’S PROPOSED ELIMINATION OF THE OHIO ESTATE TAX WITHOUT ALTERNATIVE FUNDING SOLUTIONS
Mr. Cumston noted that this came out of Finance with a 3-0 recommendation for approval, motion to suspend, Mr. Smith seconding. Roll Call: Mr. Cumston Mr. Ratliff, Mr. Thomas, Mrs. Crowe, Mr. Smith, Mr. Osborn, Mr. Daniels, Mrs. Gustin; NAYS: None.
Mr. Cumston moved to adopt, Mr. Smith seconding. Roll Call: Mr. Cumston Mr. Ratliff, Mr. Thomas, Mrs. Crowe, Mr. Smith, Mr. Osborn, Mr. Daniels, Mrs. Gustin; NAYS: None. RESOLUTION 2012-12 IS ADOPTED

ORDINANCE 2012-20:
ORDINANCE AUTHORIZING THE SAFETY DIRECTOR TO DISPOSE OF VARIOUS VEHICLES UTILIZED BY ALL DEPARTMENTS AND DECLARING THEY ARE NO LONGER NECESSARY FOR ANY PUBLIC PURPOSE AND DECLARING AN EMERGENCY
Mr. Cumston noted that this came out of Finance with a 3-0 recommendation for approval, Mr. Robbins has set the date, April 14th, 2012 when it will take affect @ 10:00 a.m.; motion to suspend, Mr. Smith seconding. Roll Call: Mr. Cumston, Mr. Thomas, Mrs. Crowe, Mr. Smith, Mr. Osborn, Mr. Daniels, Mrs. Gustin; NAYS: Mr. Ratliff
Mr. Cumston moved to adopt, Mr. Smith seconding. Roll Call: Mr. Cumston Mr. Ratliff, Mr. Thomas, Mrs. Crowe, Mr. Smith, Mr. Osborn, Mr. Daniels, Mrs. Gustin; NAYS: None. ORDINANCE 2012-20 IS ADOPTED
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ORDINANCE 2012-21:
ORDINANCE DIRECTING THE SAFETY DIRECTOR TO AMEND THE MASTER TRAFFIC CONTROL PLAN BY PLACING STOP SIGNS UPON N. PROSPECT ST. AT COUNCIL ST. GIVEN THE RECOMMENDATION OF THE CITY ENGINEER AND THE EXPRESSED BASIS THEREFORE
Mr. Thomas noted that this came out of committee with a 5-2 recommendation for approval; I’ll make the motion to suspend. Mr. Smith seconding. Roll call: Mr. Cumston, Mr. Thomas, Mrs. Crowe, Mr. Smith, Mr. Osborn; NAYS: Mr. Ratliff, Mr. Daniels, Mrs. Gustin. ORDINANCE 2012-21 HAS HAD ITS FIRST READING

MATTERS NOT ON THE AGENDA

None were spoken.

COMMITTEES

Finance 3/20 @ 6:30
Municipal Services 3/20 @ 6:50
Regional Planning 3/28 @ 7:00 Cty. Bldg.
Traffic Commission 3/20 @ 6:45 one way on Council and parking on Council

Mr. Russell spoke about the PUCO meeting on Wednesday, March 21, 2012 @ 6:00 in re: OAW rate case looking for 22% increase.

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

______________________________ Dave Edwards President of Council

_________________________
Clerk of Council