March 26, 2012 Summary

MARION CITY COUNCIL MEETING


City Hall – Council Chambers on March 26, 2012, 7:30 PM

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

PRAYER LED BY PASTOR TOM TONEY

PLEDGE OF ALLEGIANCE

Summary of Proceedings for March 12, 2012, Mr. Cumston moved to approve, Mr. Thomas seconding. The roll call: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mr. Smith, Mr. Osborn, Mr. Daniels, Mrs. Gustin, Mr. Schaber; NAYS: None. Summary of Proceedings is approved.

OLD BUSINESS:

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. Roll Call: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mr. Smith, Mr. Osborn, Mr. Daniels, Mrs. Gustin, Mr. Schaber; NAYS: None. Mr. Cumston moved to adopt, Mr. Thomas seconding. Roll Call: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mr. Smith, Mrs. Gustin; NAYS: Mr. Osborn, Mr. Daniels, Mr. Schaber. RESOLUTION 2012-11 IS ADOPTED
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 stated this came from Traffic Commission with a 5-2 approval, I’m requesting a 2nd reading this evening. ORDINANCE 2012-21 HAS HAD ITS SECOND READING

Mayor Schertzer announced the Employee of the Year Award – it being Chief Tony Zwolle.

Mr. Cumston moved to add Ordinances 2012-28 and 2012-29 to tonight’s agenda, Mr. Ratliff seconding plus adding 2012-30 also, Mr. Thomas 3rd. ADDED TO TONIGHT’S AGENDA ORDINANCES 2012-28, 29 AND 30.

NEW BUSINESS:

ORDINANCE 2012-22:
ORDINANCE AUTHORIZING THE SERVICE DIRECTOR TO PREPARE SPECIFICATIONS AND ADVERTISE FOR BIDS FOR JANITORIAL SERVICES AT CITY HALL
Mr. Cumston said it came out of Finance with a 2-0 recommendation for approval, I move to suspend, Mr. Smith seconding. Roll call: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mr. Smith, Mr. Osborn, Mr. Daniels, 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, Mr. Osborn, Mr. Daniels, Mrs. Gustin, Mr. Schaber; NAYS: None.

ORDINANCE 2012-23:
ORDINANCE MAKING AN APPROPRIATION ADJUSTMENT TO SEWER REVENUE, STORM WATER UTILITY, DEBT SERVICE, CAPITAL, LANDFILL MONITORING AND CENTRAL GARAGE FUNDS FOR THE YEAR ENDING DECMEBER 31, 2012
Mr. Cumston said it came out of Finance with a 2-0 recommendation for approval, I move to suspend, Mr. Osborn seconding. Roll call: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mr. Smith, Mr. Osborn, Mr. Daniels, 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, Mr. Osborn, Mr. Daniels, Mrs. Gustin, Mr. Schaber; NAYS: None.

ORDINANCE 2012-24:
ORDINANCE AUTHORIZING AND DIRECTING THE SERVICE DIRECTOR TO ENTER INTO CONTRACT WITH GEOTECHNICAL CONSULTANTS, INC. FOR THE CERTIFIED PROFESSIONAL AND OTHER ASSIGNED DUTIES FOR THE FORMER FAIRFIELD ENGINEERING PROPERTY, FOR THE CITY OF MARION, OHIO AND DECLARING AN EMERGENCY
Mr. Cumston said it came out of Finance with a 2-0 recommendation for approval. This is with Clean Ohio Fund for the old Fairfield property, I move to suspend, Mr. Smith seconding. Roll call: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mr. Smith, Mr. Osborn, Mr. Daniels, Mrs. Gustin, Mr. Schaber; NAYS: None.
Mr. Cumston moved to adopt, Mr. Smith seconding.
Mrs. Gustin asked if the company will be investing. Mr. Shoup said the City of Marion is a conduit; we receive the money and pay the consultants. This is just for the study part of it. This is to identify any latent material that may need remediation in the future. The new people will be willing to beautify the area. Mr. Shoup said yes, it’s very similar to the CORF project @ Columbia and S. Prospect.
Roll call for adoption: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mr. Smith, Mr. Osborn, Mr. Daniels, Mrs. Gustin, Mr. Schaber; NAYS: None. ORDINANCE 2012-24 IS ADOPTED

ORDINANCE 2012-25:
ORDINANCE DIRECTING THE SAFETY DIRECTOR TO AMEND THE MASTER TRAFFIC CONTROL PLAN BY CHANGING COUNCIL ST. TO A ONE-WAY STREET GOING WEST
Mr. Thomas noted this came out of Traffic Commission, it came out with a 6-0 recommendation to approve, I’m asking for the first reading tonight.
Mr. Sulu Kelley, 365 Farming – When the traffic congestion at the Gas Station occur, there will be no way for the people to get in the homes legally. Mr. Thomas said the Police Chief took a survey, the residents on the street determined this. The problem is the Gas Station. Chief Bell said that 6 people took the survey, 3 wanted east bound, 3 wanted west bound.
Mr. Daniels says he dislikes one-way streets. The only way beneficial the residents have to use the street, being so narrow, and a one way street might be merited. I won’t vote for the ordinance, 3 wanted east and 3 wanted west.
Mr. Ratliff stated we were over there several months ago and looked at everything. The aquatic center is going to be opened 3 months, the people living on that street has to deal with it all year. At that point, they were a 100% to go west – towards the park.
Mrs. Gustin stated I think we need to watch the pattern for the swimming season, and see how it goes and we would be better to decide what we should do then.
Mr. Osborn said the direction of the one way Mr. Ratliff stated is what is in the Ordinance. Mr. Daniels asked Mr. Ratliff what direction. Mr. Ratliff said they wanted to go towards the park – which is West. Mrs. Gustin’s idea is good. Wait and see. Mr. Ratliff said I think we can anticipate a few things. When a car is parked on both sides, it’s impossible to safely pass each other. Increased traffic, and increased people. Mr. Thomas said it was no such much the aquatic center was going to do with it; their concern was the gas station. Concern being, prices are down, they are going east on Council and sitting there, and blocking the driveways on Council St. If you make it West, it would alleviate a lot of this.
Mr. Bradley Hall, Wood St. spoke on the trouble down Main St if you make it one way. He suggested an underground garage to park in @ Lincoln Park.
Mr. Sulu Kelley said there is a problem there; I don’t know if there is a solution, going east bound would be wrong. ORDINANCE 2012-25 HAS HAD ITS FIRST READING

ORDINANCE 2012-26:
ORDINANCE AMENDING SECTION 193.06 OF THE MARION CITY CODE TO PROVIDE FOR A UNIVERSAL FILING REQUIREMENT AS TO INCOME TAX, AND ADDING SECTION 193.20 ALL IN AN EFFORT TO ENSURE EQUAL APPLICATION OF THE CODE AND TO FACILITATE ENFORCEMENT OF CHAPTER 193 OF THE MARION CITY CODE
Mr. Cumston stated that this came out of Finance with a 2-0 recommendation for approval, requesting 1st reading this evening.
Mrs. Gustin stated she read through this, is there anything that should be a red flag – anything that we should be aware of. Mr. Cumston stated that 87% of other cities have adopted this style of ordinances; it’s been out there for quite a while. ORDINANCE 2012-26 HAS HAD ITS FIRST READING

ORDINANCE 2012-27:
ORDINANCE AMENDING SECTION 193.09 OF THE MARION CITY CODE, CREDIT TO TAX PAID TO OTHER MUNICIPALITIES OF THE MARION CITY CODE
Mr. Cumston stated that this came out of Finance with a 2-0 recommendation for approval, this listing also went out, about 37-38% of other cities have this. I’m requesting 1st reading this evening.
Mr. Daniels said why should the small percentage of people that work outside of Marion, why do they have to bear the brunt to endure a tax increase; it would be a .875 increase. I agree with that. Everyone should bear the burden. I would not support item 6.
Mr. Rick Huddle, Uhler Rd spoke about how we spend the tax. Spoke about property tax, sales tax, appraising properties. Now it’s starting to affect us. I agree with Mr. Daniels. This could be a big deterrent of people that might want to move to Marion.
Mr. Charlie Blevins, Blaine Ave voiced his opinion again against this proposed 50% tax credit.
Mr. Schaber said Mr. Huddle made a comment for the City employees to live in the city; my wife works in Delaware County, her salary is reduced 2500/year because she doesn’t live there. We need to look at other avenues before we hit taxes. We should look at privatizing services.
Mr. Ratliff asked what the incentive is for people that work out of the City to stay here, if they are being tax twice; there is no benefit to stay here. If people move to where they work, that has a huge compounding effect that’s going to be negative for our City. Empty schools, empty houses, less people living in our community and shopping here. I think that when you double tax them, already paying 4.00 for gas to drive to work – you are making them to move. I don’t think that this has a positive impact on our city when it’s all said and done. ORDINANCE 2012-27 HAS HAD ITS FIRST READING

Mr. Cumston moved to waive Rule 56 on Ordinance 2012-28 and 29. It’s for the Senior Center. Mr. Thomas 2nd. Roll call: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mr. Smith, Mr. Osborn, Mr. Daniels, Mrs. Gustin, Mr. Schaber; NAYS: None RULE 56 WAIVED FOR ORDINANCES 2012-28 AND 2012-29.

ORDINANCE 2012-28
ORDINANCE AUTHORIZING THE SAFETY DIRECTOR TO ENTER INTO CONTRACT WITH MATHEWS AUTO GROUP TO PURCHASE TWO (2) 2012 FORD TRANSIT WAGONS TO BE USED AT THE SENIOR CENTER, AND DECLARING AN EMERGENCY
Mr. Cumston stated this came to us from Dir. Robbins, this is State bid pricing, they have the fund set up in the Capital Improvement Item. It’s only good until March 30th, and then there will be a price increase. I make a motion to suspend, Mr. Thomas seconding. Roll call: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mr. Smith, Mr. Osborn, Mr. Daniels, Mrs. Gustin, Mr. Schaber; NAYS: None
Mr. Cumston moved to adopt, Mr. Thomas seconding.
Mr. Osborn asked about the back seat of the vehicles, have you checked them out?
Sue Wisebaker, Senior Ctr. I am just going on what other folks have said. I haven’t been inside one. Mr. Osborn said the leg room is very small; some seniors may have some difficulty with it.
Mrs. Wisebaker said they didn’t have one in stock, but I do like the of the doors sliding open and closed, people with a walker get right in the seat. I don’t know how much leg room is in the back seat. Mrs. Gustin asked how many people they seat. Mrs. Wisebaker said you can seat 4 people comfortably. They are fuel efficient, maybe transporting 3 or 4 people at a time.
Mr. Cumston said these vehicles are used for taxis in NY; the fuel economy is what you are looking at. Mrs. Wisebaker said we don’t have them in the van very long, I think we’ll be good.
Mr. Daniels said his grandmother couldn’t bend her knee all the way back. Mrs. Wisebaker said she could sit in the front seat. We work with the Transit Dept to pick up persons with handicaps. We have ramps, and pull bars. I think it’s going to be easier. Mr. Daniels said I would feel better if you were able to test drive it before we purchase them. Mr. Ratliff said he assumes that we have other vehicles if the patrons do not like these. Mrs. Wisebaker said yes they do.
Roll call for adoption: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mr. Smith, Mr. Daniels, Mrs. Gustin, Mr. Schaber; NAYS: Mr. Osborn. ORDINANCE 2012-28 IS ADOPTED

ORDINANCE 2012-29
ORDINANCE MAKING AN APPROPRIATION IN THE SENIOR DEPARTMENT TRANSPORTATION LEVY FUND FOR THE YEAR ENDING DECEMBER 31, 2012
Mr. Cumston said this goes along with 2012-28, motion to suspend, Mr. Smith seconding. Mr. Ratliff asked about the money – the quote is for 44,000 and we are transferring 63,000, what is the difference. Mrs. Wisebaker said we can’t get vinyl seats on the vans; also we have lettering on the side. There was a concern from Safety Director Robbins; we are using money to subsidize salaries, possibly that can be used for that. This is not Federal dollars we would be using. We have carryover money is the Vehicle Lease Money. Mr. Ratliff said none of this money is General Fund money. Mrs. Wisebaker said no. Mr. Schaber said the additional monies are vinyl seats, lettering and salaries? Mrs. Wisebaker said we are paying our monies out of carryover money. Mr. Robbins is just appropriating the money all at one time. Auditor Carr said that money is to be used only for the vans. There is a salary issue, but I don’t know anything of that. This is just for the upgrade for the vehicles.
Mr. Osborn moved to change the ordinance for the purchase price of the vehicles only and then come back to get the extra money for the changes. Mr. Cumston said any other expenditure out of this capital fund; it has to come back to Council. We will wait until Mr. Robbins comes back. Mrs. Wisebaker said I don’t know how much cost it will be to put the vinyl and lettering on. Mayor Schertzer said we can come back at a later date and wait until Mr. Robbins comes back from Vac.
Mr. Cumston and Mr. Smith withdrew their suspension. Mr. Osborn moved to amend 2012-29 to read in Section 1. 63,000 to 44,190.36, Mr. Cumston seconding. Roll Call: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mr. Smith, Mr. Osborn, Mr. Daniels, Mrs. Gustin, Mr. Schaber; NAYS: None.
Mr. Cumston moved to suspend, Mr. Smith seconding. Roll Call: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mr. Smith, Mr. Osborn, Mr. Daniels, 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, Mr. Osborn, Mr. Daniels, Mrs. Gustin, Mr. Schaber; NAYS: None. ORDINANCE 2012-29 IS ADOPTED

ORDINANCE 2012-30
ORDINANCE AUTHORIZING THE SAFETY DIRECTOR TO ADVERTISE FOR BIDS AND ENTER INTO CONTRACT FOR THE LEASE OF CERTAIN FARM LANDS WITHIN THE UNDEVELOPED AREA IN SAWYER-LUDWIG PARK AND DECLARING AN EMERGENCY
Mr. Ratliff said approximately 35 acres of land is undeveloped land that can be used for farm land and this allows us to bid this out and get the highest bid. I’ll ask a motion to suspend. Mr. Daniels mentioned there is a herd of dear back there. Mr. Thomas seconding. Roll Call: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mr. Smith, Mr. Osborn, Mrs. Gustin, Mr. Schaber; NAYS: Mr. Daniels ORDINANCE 2012-30 IS ADOPTED


MATTERS NOT ON THE AGENDA

Bradley Hall asked about the Popcorn Festival moving to the Marion Fairgrounds. Mayor Schertzer said he is no aware of them moving to the Fairgrounds.

COMMITTEES

Finance 4/2 @ 6:30
Regional Planning 3/28 @ 7:00 Cty. Bldg.


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


______________________________ Dave Edwards President of Council

_________________________
Clerk of Council