April 9, 2012 Summary

MARION CITY COUNCIL MEETING


City Hall – Council Chambers on April 9, 2012, 7:30 PM

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

PRAYER LED BY PASTOR DOUG FORD

PLEDGE OF ALLEGIANCE

Mayor Schertzer presented 2 proclamations to Operation Feed and National Public Safety Telecommunicator’s Week

Summary of Proceedings for March 26, 2012, Mrs. Crowe moved to approve, Mr. Thomas seconding. The roll call: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mrs. Crowe, Mr. Smith, Mr. Osborn, Mrs. Gustin, Mr. Schaber; NAYS: None. Summary of Proceedings is approved.

OLD BUSINESS:

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 making a motion to adopt, Mrs. Crowe seconding.
Mr. Osborn stated he will vote no on this due to this area does not at this time meet the warrants of the traffic manual, and in my opinion would not be enforceable. It would be enforceable when we see the traffic patterns out there 6 months to a year. Mr. Ratliff asked if the Chief have anything to say on that. Chief Bell said during the committee he expressed his concern about 3 months out of the year they would adhere to the signs, 9 months out of the year, they probably won’t. ¾ of the year the signs will probably be ignored.
Roll call for adoption: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mrs. Crowe, Mr. Smith, Mrs. Gustin; NAYS: Mr. Osborn, Mr. Schaber. ORDINANCE 2012-21 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 that this came out of Traffic Commission with a 6-0 recommendation for approval to make Council Street one way going west. I would like this to go for a 2nd reading this evening.
Mrs. Gustin suggested to amend the ordinance to have it read a 90 trial. We don’t know what’s going to happen, I would like to have this done on a trial basis. Mr. Thomas said the real issue is not so much of the Aquatic Center it’s the service station down at the corner. If that is the wish of Council for a 90 day period, I would want it done at the opening of the Aquatic Center.
Mr. Russell said please reconsider – it’s no different if you adopt this, monitor after the Center is open, you can bring it back. Adopt it, and then on the 91st day with the one-way cease to exist, I would request that you come back and modify it after that. Mr. Ratliff said I’m pretty comfortable with the plan as it is. I agree with Mr. Russell, do it – have another meeting after the season and go from there. Mrs. Gustin said that is fine. Mr. Lively suggested to start the period about a month before and have the traffic get accustomed to the traffic pattern.
Mrs. Gustin withdrew her amendment. ORDINANCE 2012-25 HAS HAD ITS SECOND 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 this came out of Finance with a 2-0 recommendation for approval, I’m asking for a second reading tonight. ORDINANCE 2012-26 HAS HAD ITS SECOND 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 this came out of Finance with a 2-0 recommendation for approval, I’m asking for a second reading tonight.
Mr. Ratliff said 100% to 50%, lives here and works outside of the city, what is the incentive to live here? If they pay extra tax, what’s the incentive to stay here? I can’t look at this as a positive thing.
Mr. Osborn said he 100% disagrees with Mr. Ratliff. I personally believe that it’s a good thing. Mrs. Gustin agrees with Mr. Osborn. We need to upgrade our services; we cut our services to the bare bones. Mayor Schertzer said there are other communities varying their tax credits. Is there any statically analysis saying of what you just said. We have some people paying 0%, they live here they rely on the services that we have.
Mr. Ratliff said his philosophy stands for good reason. I guess you can say the same thing back, with statically analysis why they don’t leave, I don’t know. I don’t think it’s a good for the community to do this. This doesn’t fix the problem; it puts a band aid on it, but doesn’t fix it. Mayor Schertzer said where you are coming from. To fix this properly, we need about 3 million dollars. This is to cover loss of revenue and the local government fund going into 2013, also the loss of the estate tax. We know that we would generate more revenue by doing these two items here. But doing nothing, we know what that means, and that’s not a good outcome. Right now I choose the band aid; I know it’s not the best case scenario. This is not a direct result of us; they are cutting revenue that has traditionally come to local government as long as I have been around. This will begin to fill that gap. We don’t have to go to the voter to raise the income tax rate. We cannot do this on our own, we have to put it on the ballot, and we are trying to prevent us for doing this. 2013, I don’t know what’s going to happen. The governor will be creating a whole new budget in 2013, - this won’t do anything. We have to convince the state government to stop cutting the local funds.
Mr. Ratliff said once you raise taxes, they never go back down, and if funding gets restored, we will find a way to spend the money. It will never go back to 0% as it is today. We have people that work here and live outside of the community. We should look at refunding their communities.
Mayor Schertzer said we started this debate 2 weeks ago; the only way to remedy that issue is at the State level. The other communities are looking to do the same things we are trying to do. That ball is starting to roll right now. Mr. Cumston said 39% of communities have already started doing this. The cuts that we see coming will probably be around 700,000.00. Police and Fire are cut below minimum. We went through and looked at everything. This very item is being looked at in Committee at the Legislative level according to the OML news. This is a shared burden across the state, it’s not easy decisions. A lot of people don’t like it; they want their basic services that they expect. I work in Columbus, it will affect me, I live here, I should pay, and we have great departments here. Since 2008 every employee has voluntarily taken cuts, and given up large sums of money. In this economy, that’s hard to do. We have to decide what our city is going to look like, with our safety services.
Mr. Ralph Hill agrees with Mr. Ratliff. No foresight with contract concerning the hospital. Spoke of Jay McDonald with the 51 days off. Mark Russell with his raise. CanDo giving away tax breaks with new plants coming in. Step up to the plate, our youngsters will pay for all of this.
Dave Hallenback, Uhler Rd. stated that it’s the fault of the economy. The State had the brass to get it done. What about the 85% of the people that make 8.00 hour, pay 4.00 gas, what about them. I vote for everyone, it’s a vote for reality. Mr. Ratliff you are disregarding the community, it’s about all of us.
Mr. Ratliff reiterated the two ordinances on income tax. Mr. Hallenback said everybody pays!
Mr. Schaber asked about the history of this tax credit. Mr. Cumston said when income tax was passed in the early 80’s it was written in then. Mr. Osborn stated an analogy with Mr. Cumston and himself concerning their salary, where they work and their payments of income tax. There are residents here that don’t pay anything. We are trying to bring ourselves up to speed with every community who is looking at this now. Mr. Ratliff said you are putting a large burden on a small amount of people here in town. If you are going to be taxed twice, I don’t see an incentive here to stay in our community.
Dodi Mawyer spoke – I live in the county, I pay taxes to the city. Marion needs the money. 100% credit was done 20-30 years ago. The City is going to have to do this. It’s time for us to go to our State Rep’s and tell them to fix this. The economy is bad. I don’t complain about paying my taxes. ORDINANCE 2012-27 HAS HAD ITS SECOND READING

NEW BUSINESS:

ORDINANCE 2012-31:
ORDINANCE AMENDING ORDINANCE 1969-29, COMMONLY KNOWN AS THE YARGER REPORT BY CREATING A POSITION WITHIN THE AQUATICS CENTER DEPARTMENT, SPECIFICALLY AN AQUATICS CENTER CONCESSION STAND MANAGER POSITION, AND ESTABLISHING SALARY FOR SAID POSITION
Mr. Cumston stated that this came out of Municipal Services with a 3-0 recommendation for approval, this establishes in the Yarger Report the Concession Stand Manager, motion to suspend, Mr. Schaber seconding. Roll call: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mrs. Crowe, Mr. Smith, Mr. Osborn, Mrs. Gustin, Mr. Schaber; NAYS: None.
Mr. Cumston moved to adopt, Mr. Schaber seconding. Roll call: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mrs. Crowe, Mr. Smith, Mr. Osborn, Mrs. Gustin, Mr. Schaber; NAYS: None. ORDINANCE 2012-31 IS ADOPTED

ORDINANCE 2012-32:
ORDINANCE MAKING AN ADJUSTMENT IN THE MUNICIPAL COURT ASSISTANCE FUND FOR THE YEAR ENDING DECEMBER 31, 2012
Mr. Cumston stated that this came out of Finance with a 3-0 recommendation for approval, motion to suspend, Mr. Osborn seconding. Roll call: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mrs. Crowe, Mr. Smith, Mr. Osborn, Mrs. Gustin, Mr. Schaber; NAYS: None.
Mr. Cumston moved to adopt, Mr. Smith seconding. Roll call: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mrs. Crowe, Mr. Smith, Mr. Osborn, Mrs. Gustin, Mr. Schaber; NAYS: None. ORDINANCE 2012-32 IS ADOPTED

ORDINANCE 2012-33:
ORDINANCE AUTHORIZING AND DIRECTING THE SERVICE DIRECTOR TO ENTER INTO CONTRACT WITH G&G ENTERPRISES LLC, FOR THE MERCHANT AND SPENCER STREETS ROADWAY REPAIRS, PHASE 2, PROJECT 12-1P, FOR THE CITY OF MARION, OHIO AND DECLARING AN EMERGENCY
Mr. Thomas stated that this came out of Streets & Sewers with a 3-0 recommendation for approval, motion to suspend, Mrs. Crowe seconding. Roll call: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mrs. Crowe, Mr. Smith, Mr. Osborn, Mrs. Gustin, Mr. Schaber; NAYS: None.
Mr. Thomas moved to adopt, Mrs. Crowe seconding. Roll call: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mrs. Crowe, Mr. Smith, Mr. Osborn, Mrs. Gustin, Mr. Schaber; NAYS: None. ORDINANCE 2012-33 IS ADOPTED

ORDINANCE 2012-34:
ORDINANCE AMENDING ORDINANCE 1969-29, COMMONLY KNOWN AS THE YARGER REPORT, TO INCORPORATE PREVIOUS AMENDMENTS RELATIVE TO THE MUNICIPAL COURT'S PROBATION DEPARTMENT, SPECIFICALLY TO CREATE THE REFERENCED JOB DESCRIPTION OF CHIEF PROBATION OFFICER NECESSITATED BY ORDINANCE 2010-59, AND DECLARING AN EMERGENCY
Mr. Cumston stated that this came out of Municipal Services with a 3-0 recommendation for approval, this establishes in the Yarger Report the Chief Probation Officer, motion to suspend, Mrs. Crowe seconding. Roll call: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mrs. Crowe, Mr. Smith, Mr. Osborn, Mrs. Gustin, Mr. Schaber; NAYS: None.
Mr. Cumston moved to adopt, Mr. Crowe seconding.
Mr. Ratliff said both of these positions are not paid out of the GF, I really wish if we can look at any GF positions and put them on an official hiring freeze. Our law directors office had a job opening, has not filled the position. Other departments should follow that lead. We should let those go and sit on those for a long time until we are back on our feet. The Auditor filled a vacant job with a laid-off police officer. I look at a lot of laid-off police officers, have invested in and now he is working in the auditor’s office, with thousands of tax dollars of training and should be serving us at a much different capacity of what he is serving us now. I know this is grant money, I think the city should put them on an official hiring freeze.
Roll call for adoption: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mrs. Crowe, Mr. Smith, Mr. Osborn, Mrs. Gustin, Mr. Schaber; NAYS: None. ORDINANCE 2012-34 IS ADOPTED

MATTERS NOT ON THE AGENDA

Mr. Ratliff passed out his ordinance concerning the re-establishment of the Safety/Service Director. This would be as the same as in 1991. I’d like to make the motion to add this to the agenda tonight. Mr. Schaber seconding.
No third was mentioned.
President Edwards suggested to Mr. Ratliff that this should be brought in front of Committee due to a lack of a third. Mr. Ratliff said this is an effort that I have. Mr. Thomas said we can only cut so much. Houses broken into during the day light, can’t do anything in the Engineering Dept., can’t do anything with the grants, and here we are again cutting! We’ve had enough. We need to raise some revenue and make up our minds to see what the City is going to look like. Who are we going to call? Fire and Police are under manned. How far can we go – we have to provide service to people.
Mr. Ratliff stated if you have a fire dept that’s down 20 guys, police dept with 16 laid off, jobs opened in your engineering dept, 9 people in your streets, there are only so many people to cut, with so many chiefs. I’m trying to cut the work load at the top, to match the work load at the bottom.
Mr. Osborn said I was approached by Mr. Ratliff asking me to be the third to add this to Council tonight. I did this job for 11 years, it’s not easy. They structured things differently. You don’t want to put this on the agenda for a first reading, it should go to committee first, discussion. I have my opinions, it needs the proper format. That’s why I’m not the third.
Mr. Schaber says he agrees with Mr. Thomas and Mr. Osborn. What services are we going to provide. Mr. Cumston said those positions are paid out of the GF and the other is Enterprise funds. He also is a PE which is very helpful. It wouldn’t affect the GF. Committee would be a good place for discussion.
Mr. Ralph Hill spoke: the problem with government – don’t pull up their shirt sleeves – it’s easy to put some things off. It would be wise to discuss this. Why do you find it offensive to save money. Mr. Osborn said he does find that appalling. We should start this in committee level instead of doing this in one night. Let’s do our homework.
Ms. Macavey 578 Olney Ave - I agree with Dale Osborn with passing this on. That is the right way to do this.
Willis Crockett, 429 Milburn Ave. If people don’t like the City or Council, pack your bags and move. I have fence in front of my house – its 110’ long. Its 6” out in the right of way – I’ll have to spend 2,000 to move it. Why can’t the city compromise. It took me three years to put it up. It’s a nice fence. Mr. Schaber asked if the City is asking you to move it. Willis said yes – it’s in the right of way. Mr. Thomas spoke – we had a meeting this afternoon, there are some encroachments in the right of way, its 6” in the right of way. To get ADA compliant sidewalk, we have to have those 6”.

COMMITTEES

Finance 4/17 @ 6:30
Regional Planning 4/25 @ 7:00 County Bldg.
Streets & Sewers 4/17 @ 6:45 Contract for May St.


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


______________________________ Dave Edwards President of Council

_________________________
Clerk of Council