July 23, 2012 Summary

MARION CITY COUNCIL MEETING


City Hall – Council Chambers on July 23, 2012, 7:30 PM

ROLL CALL – 10 members answered –Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mrs. Blevins, Mr. Smith, Mr. Osborn, Mr. Daniels, Mrs. Gustin, Mr. Schaber, Mr. Edwards;

PRAYER LED BY PASTOR TOM TONEY

PLEDGE OF ALLEGIANCE

Summary of Proceedings for July 9, 2012, Mr. Cumston moved, Mr. Thomas 2nd. Roll call: Ayes all, motion carried. Summary of Proceedings is approved.

OLD BUSINESS:

ORDINANCE 2012-52:
ORDINANCE AMENDING SECTION 193.02 (V) OF THE MARION CITY CODE TO PROVIDE FOR A MORE UNIFORM APPLICATION OF THE INCOME TAX AND TO ENSURE EQUAL APPLICATION OF THE CODE
Mr. Cumston said this came out of Finance with a 3-0 recommendation, this is the 3rd reading, I move for adoption, Mr. Thomas seconding. Roll Call: YEAS: Mr. Cumston, Mr. Thomas, Mr. Smith, Mr. Osborn, Mr. Daniels, Mrs. Gustin; NAYS: Mr. Ratliff, Mr. Schaber. ORDINANCE 2012-52 IS ADOPTED

ORDINANCE 2012-54:
ORDINANCE TO PROVIDE FUNDS FOR THE PURPOSE OF GENERAL OPERATIONS AND OTHER MUNICIPAL PURPOSES OF THE CITY OF MARION, OHIO, BY LEVYING AND ADDITIONAL INCOME TAX AT THE RATE OF ONE-QUARTER OF ONE PERCENT (.25%), COMMENCING ON AND AFTER JANUARY 1, 2013, AND DECLARING AN EMERGENCY
Mr. Cumston said this came out of Finance with a 3-0 recommendation, motion to adopt, Mr. Osborn 2nd.
Mr. Charlie Blevins, 220 Blaine Ave spoke: We’ve been a little careless in the past with our money, we need our police force back, I know the city has made tremendous cuts, the trust of the citizens are not there. There is going to be mistrust there. When is this going into effect? We need to be clear. Make sure you know what you’re doing. Mr. Ratliff said I’ll vote on my consensus says in my ward. Mrs. Gustin asked Auditor Carr to answer Mr. Blevins question. Also I wanted to let everyone know that the State Auditor was here last week and our checks and balances on our monies are doing much better. Auditor Carr said it will take effect on Jan. 1, 2013.
Ron Schriderer spoke on the 1st ordinance concerning the winnings and taxing. Mr. Russell said in Ohio we are obligated to follow our State tax structure. Right now you would have to report your winnings. Mr. Daniels said it’s hard to quantify a loss on a slot machine. Mr. Ratliff said that is why I didn’t vote on it. Profit and loss statement – gamblers loss at the end of the year. Mr. Schriderer said its part of the honor system.
Roll call for adoption: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas; Mrs. Blevins, Mr. Smith, Mr. Osborn, Mr. Daniels, Mrs. Gustin;
NAYS: Mr. Schaber; ORDINANCE 2012-54 IS ADOPTED.

Mr. Thomas made a motion to add 2012-59, Mr. Cumston 2nd, Mr. Ratliff, 3rd.
Mr. Thomas made a motion to add 2012-60, Mr. Cumston 2nd, Mr. Ratliff 3rd. Mr. Thomas moved to waive rule 56, Mr. Smith 2nd. Roll Call: Ayes all motion carried. RULE 56 IS WAIVED FOR ORDINANCE 2012-60

NEW BUSINESS:

RESOLUTION 2012-18:
RESOLUTION AUTHORIZING THE CLERK OF CITY COUNCIL TO FILE WITH THE BOARD OF ELECTIONS OF MARION COUNTY A COPY OF ORDINANCE NO. 2012-54, LEVYING AN ADDITIONAL INCOME TAX OF ONE QUARTER OF ONE PERCENT (.25%) IN THE CITY OF MARION, OHIO AND SPECIFYING NOVEMBER 6, 2012 AS THE DATE OF ELECTION TO BE CONDUCTED ON THE LEVY OF SAID ADDITIONAL INCOME TAX, AND DECLARING AN EMERGENCY
Mr. Cumston said this came out of Finance with a 3-0 recommendation, motion to suspend, Mr. Smith 2nd. Mr. Ratliff asked when this has to be over at the Board of Elections. Mr. Russell said by August 7 – leaving one day as a safety margin.
Roll call for suspension: YEAS: Mr. Cumston, Mr. Thomas, Mrs. Blevins, Mr. Smith, Mr. Osborn, Mr. Daniels, Mrs. Gustin; NAYS: Mr. Ratliff, Mr. Schaber.
Mr. Cumston moved to adopt, Mr. Smith seconding. Roll Call: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mrs. Blevins, Mr. Smith, Mr. Osborn, Mr. Daniels, Mrs. Gustin; NAYS: Mr. Schaber. RESOLUTION 2012-18 IS ADOPTED

ORDINANCE 2012-59:
ORDINANCE AUTHORIZING AND DIRECTING THE SERVICE DIRECTOR TO ENTER INTO CONTRACT WITH INLAND WATERS POLLUTION CONTROL, INC. FOR THE S. PROSPECT ST. SEWER LINING, PROJECT 12-1S, APPROPRIATING THE NECESSARY FUNDS, AND DECLARING AN EMERGENCY
Mr. Thomas said this came out of the Streets & Sewers with a 3-0 recommendation for Council approval; I’ll make a motion to suspend, Mrs. Blevins 2nd. Roll Call: Ayes all, motion carried.
Mr. Thomas moved to adopt, Mrs. Blevins 2nd. Mrs. Gustin asked Engineer Lively when will this begin? Mr. Lively said as soon as we can, whence the contracts are in place.
Roll Call for adoption: Ayes all, motion carried. ORDINANCE 2012-59 IS ADOPTED

ORDINANCE 2012-60:
ORDINANCE AUTHORIZING THE SERVICE DIRECTOR TO ENTER INTO CONTRACT WITH JONES & HENRY ENGINEERS, LTD. FOR THE DESIGN AND PREPARATION OF NECESSARY PROJECT DOCUMENTS FOR THE MERCHANT, VINE, S. GREENWOOD, MT. VERNON, DURFEE AND AN ALLEY BETWEEN MAIN AND STATE SEWER LINING PROJECTS AND DECLARING AN EMERGENCY UNDER ORC 735.051, AND DECLARING AN EMERGENCY
Mr. Thomas said this was added to the agenda this evening. Mr. Lively can update us on it. Engineer Lively said this ordinance will take care of the plans with the problem we found on Merchant St. Mr. Thomas asked if we will come back for the spec and bid. Mr. Lively said we already did the spec and bid for the contract. Mr. Cumston said this is where the pipe corroded and collapsed. Mr. Ratliff asked about Section 735.51 – a true ER – we don’t have to bid this out? Is this what we are passing tonight? Mr. Russell said when there is a true ER, Request for proposals, that were done when Jones & Henry was selected while they were doing Woodrow. The put a change order in and had it done. Section 153 allows us to do this. Mr. Ratliff said yes I agree it is a true emergency. Mr. Cumston said there was a possibility of a sink hole if it’s not corrected.
Mr. Thomas moved to suspend, Mr. Ratliff 2nd. Roll call: Ayes all, motion carried.
Mr. Thomas moved to adopt, Mr. Ratliff 2nd. Roll call: Ayes all, motion carried. ORDINANCE 2012-60 IS ADOPTED

Matters Not on the Agenda
Mr. Ratliff asked about the old Drypers building. Mr. Robbins said the contractor will go before the Court this Thurs. The Health Dept is going before the EPA also. Mr. Daniels asked about the contractor. Mr. Russell said the owner is 333 Joseph LLC. They don’t have a court date the contractor does. Mr. Daniels stated you go after the contractor and not the owner. Mr. Robbins said you go after the person that holds the demo permit. Mr. Daniels asked Mr. Russell if you are able to pierce that corporate shell of the LLC. Mr. Russell said we are close. The first one is on Thursday.
Mr. Gustin again thanked the Streets people for the clean up after the storm. She also spoke of the persons with trees on their properties; you have to take care of them.
Pastor Tom Toney spoke – wanted to thank the Police Force concerning the break-in of our Church. They reacted very quickly and thoroughly.
Larry Moody 665 Girard Ave spoke on the Gambling Ordinance. He stated that the wording was overly broad. He also mentioned about the 50% tax credit.
Bradley Hall 659 Wood St. asked Chief Bell how many officers were laid off. Chief Bell said 15 and another 1 next week.

COMMITTEES

Finance 8/6 @ 6:30
Legislation Codes 8/6 @ 6:45
Regional Planning 8/22 @ 7:00 County Bldg.


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

 

______________________________ Dave Edwards President of Council

_________________________
Clerk of Council