December 14, 2015 Summary

MARION CITY COUNCIL MEETING

 

 

City Hall – Council Chambers on December 14, 2015, 7:30 PM

 

ROLL CALL - 9 members answered – Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mrs. Blevins, Mr. Osborn, Mr. Crider, Mr. Daniels, Mrs. Gustin, Mr. Edwards.

Mr. Ratliff moved to excuse Mr. Smith, Mrs. Blevins 2nd. Roll call: Ayes all, motion carried. Mr. Smith is excused.

 

PRAYER LED BY PASTOR TIM ERRINGTON FROM FAMILY LIFE CHURCH

 

PLEDGE OF ALLEGIANCE

 

Summary of Proceedings from November 23, 2015. Mr. Cumston moved, Mr. Thomas 2nd. Roll Call: Ayes all, motion carried, Summary of Proceedings is accepted.

 

OLD BUSINESS:

 

 

ORDINANCE 2015-85:

ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF MARION, BY REZONING 1040 MT. VERNON AVE, ALSO KNOWN AS 525 PENNSYLVANIA AVE. FROM AN R-1A (SINGLE FAMILY DISTRICT, LOW DENSITY) TO A O-I-A (OFFICE - INSTITUTIONAL - APARTMENT DISTRICT) (Applicant, Phil Ruth)

          Mrs. Gustin said this came out of committee with a 3-0 approval. This gentlemen wants to set up an insurance business in the stone house on Mt. Vernon Ave. This is just a second reading. The public hearing is scheduled for December 8.

          Mr. Daniels asked to move this to the 1st of January. Mrs. Gustin said maybe we can do the meeting the same day when we change our Council meeting. Mrs. Gustin said also to notify him. Mr. Russell said you cannot move it forward. We published saying the public hearing would take place on the 28th. If there is a motion to modify the council meeting till the end of the year, we can make it work. Just leave it as is at this point. ORDINANCE 2015-85 HAS HAD ITS 2ND READING

 

ORDINANCE 2015-86:

ORDINANCE TO AMEND ORDINANCE NO. 1969-29 (KNOWN AS THE YARGER REPORT) AS AMENDED, BY UPGRADING THE JOB POSITION OF THE CHIEF PROBATION OFFICER

          Mr. Cumston stated this came out of Finance with a 3-0 approval, I’m asking for a 2nd reading. ORDINANCE 2015-86 HAS HAD ITS 2ND READING

 

ORDINANCE 2015-87:

(Engineer) ORDINANCE REESTABLISHING THE SALARY AND BENEFITS FOR STATUTORY OFFICE HOLDERS WITHIN THE CITY, OTHER THAN CITY COUNCIL, TO BE EFFECTIVE THE FIRST DAY OF EACH RESPECTIVE OFFICE’S NEXT TERM, AMENDING THOSE RELEVANT SECTIONS OF EACH APPLICABLE PREVIOUS ORDINANCE, AND DECLARING AN EMERGENCY

          Mr. Cumston stated this came out of Finance with a 2-1 approval, I’m asking for a 2nd reading.  ORDINANCE 2015-87 HAS HAD ITS 2ND READING

 

 

 

 

 

ORDINANCE 2015-88:

(Parks) ORDINANCE REESTABLISHING THE SALARY AND BENEFITS FOR STATUTORY OFFICE HOLDERS WITHIN THE CITY, OTHER THAN CITY COUNCIL, TO BE EFFECTIVE THE FIRST DAY OF EACH RESPECTIVE OFFICE’S NEXT TERM, AMENDING THOSE RELEVANT SECTIONS OF EACH APPLICABLE PREVIOUS ORDINANCE, AND DECLARING AN EMERGENCY

          Mr. Cumston stated this came out of Finance with a 3-0 approval, I’m asking for a 2nd reading.  ORDINANCE 2015-88 HAS HAD ITS 2ND READING

 

ORDINANCE 2015-89:

(Council & Treasurer) ORDINANCE REESTABLISHING THE SALARY AND BENEFITS FOR STATUTORY OFFICE HOLDERS WITHIN THE CITY, TO BE EFFECTIVE THE FIRST DAY OF EACH RESPECTIVE OFFICE’S NEXT TERM, AMENDING THOSE RELEVANT SECTIONS OF EACH APPLICABLE PREVIOUS ORDINANCE, AND DECLARING AN EMERGENCY, as amended

          Mr. Cumston stated this came out of Finance with a no recommendation, I’m asking for a 2nd reading.  ORDINANCE 2015-89 HAS HAD ITS 2ND READING

 

 

ORDINANCE 2015-90:

(Mayor) ORDINANCE REESTABLISHING THE SALARY AND BENEFITS FOR STATUTORY OFFICE HOLDERS WITHIN THE CITY, OTHER THAN CITY COUNCIL, TO BE EFFECTIVE THE FIRST DAY OF EACH RESPECTIVE OFFICE’S NEXT TERM, AMENDING THOSE RELEVANT SECTIONS OF EACH APPLICABLE PREVIOUS ORDINANCE, AND DECLARING AN EMERGENCY

          Mr. Cumston stated this came out of Finance with a no recommendation, I’m asking for a 2nd reading.  ORDINANCE 2015-90 HAS HAD ITS 2ND READING

 

 

ORDINANCE 2015-91:

(Auditor) ORDINANCE REESTABLISHING THE SALARY AND BENEFITS FOR STATUTORY OFFICE HOLDERS WITHIN THE CITY, OTHER THAN CITY COUNCIL, TO BE EFFECTIVE THE FIRST DAY OF EACH RESPECTIVE OFFICE’S NEXT TERM, AMENDING THOSE RELEVANT SECTIONS OF EACH APPLICABLE PREVIOUS ORDINANCE, AND DECLARING AN EMERGENCY

          Mr. Cumston stated this came out of Finance with a no recommendation, I’m asking for a 2nd reading.  ORDINANCE 2015-91 HAS HAD ITS 2ND READING

 

ORDINANCE 2015-92:

(Law Director) ORDINANCE REESTABLISHING THE SALARY AND BENEFITS FOR STATUTORY OFFICE HOLDERS WITHIN THE CITY, OTHER THAN CITY COUNCIL, TO BE EFFECTIVE THE FIRST DAY OF EACH RESPECTIVE OFFICE’S NEXT TERM, AMENDING THOSE RELEVANT SECTIONS OF EACH APPLICABLE PREVIOUS ORDINANCE, AND DECLARING AN EMERGENCY

Mr. Cumston stated this came out of Finance with a no recommendation, I’m asking for a 2nd reading.  ORDINANCE 2015-92 HAS HAD ITS 2ND READING

 

 

ORDINANCE 2015-93:

ORDINANCE NECESSARY GIVEN THE OHIO LEGISLATURE’S ENACTMENT OF H. B. 5 IN DECEMBER 2014 MANDATING OHIO MUNICIPAL INCOME TAX CODES BE AMENDED BY JANUARY 1,  2016 MARION CITY COUNCIL HEREBY CREATES CHAPTER 194 OF THE CODIFIED ORDINANCES OF THE CITY OF MARION REGARDING MUNICIPAL INCOME TAX

          Mr. Cumston stated this came out of Finance with a 3-0 approval, I’m asking for a 2nd reading. This will put us in compliance with the State.

ORDINANCE 2015-93 HAS HAD ITS 2ND READING

 

NEW BUSINESS:

 

ORDINANCE 2015-94:

ORDINANCE AUTHORIZING AND DIRECTING THE SERVICE DIRECTOR COMPLETE AN RFP PROCESS TO RETAIN A CERTIFIED APPRAISER AS NEEDED IN SUPPORT OF ODOT’S LARGE CITY FUND PROGRAM TO FACILITATE THE RESURFACING OF WEST CENTER STREET, AND DECLARING AN EMERGENCY

          Mr. Thomas stated that this came out of Streets & Sewers with a 3-0 approval, this will be from Davids St to the WP. I’ll make the motion to suspend, Mrs. Blevins 2nd. Roll call: Ayes all, motion carried.

          Mr. Thomas moved to adopt, Mrs. Blevins 2nd. Roll call: Ayes all, motion carried. ORDINANCE 2015-94 IS ADOPTED

 

ORDINANCE 2016-01:

ORDINANCE TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES OF THE CITY OF MARION, STATE OF OHIO, DURING THE FISCAL YEAR ENDING DECEMBER 31, 2016

          Mr. Cumston noted that this came out of Finance with a 2-0 approval, we are asking for a 1st reading tonight. ORDINANCE 2016-01 HAS HAD ITS FIRST READING.

 

Matters not on the Agenda.

 

          Mr. Russell said sometimes at the end of the year we have special meetings or move the meetings. There is an urgency to have 2015-93 be heard next week. I ask Council to have it on the December 21 or 22, instead of December 28. The proposal is to have a motion to amend the council rule to change it on the 22nd @ 7:30 pm rather than the 28th. Item 9 we must address by next week and the other items, then it would eliminate the need for the 28th. 2015-85 can be a separate motion.

          Mr. Russell said the 2nd reading of each month, we just amend that rule singular for December to move that meeting up, and we’d just be amending that rule. Any item that is necessary to be added can be added.

          Mr. Osborn asked what is the need. Mr. Russell said the Ohio House on December 14, adopted HB 5 – tax issue to modify the taxes throughout Ohio. There is a need to adopt that 10 days before the end of the month.

          Mr. Russell said it may be wise to do it on December 20, you can even choose Friday, someday before the 10 days. If you have to on the 20, that’s 11 days before the end of the month.

          Mr. Edwards said why not tonight. Mr. Russell said I’d consider not to. Reconsideration of Item 9 after the 2nd reading. Avoid the risk, nothing is more important than the City’s Income Tax. We’d definitely need 6 members confirming that. Mr. Osborn said I make the motion to have it reconsideration to vote on it this evening. Mr. Daniels 2nd.

          Mr. Cumston said the 22nd is 10 days, Mr. Russell said no – it should be no later than Sunday.

          Roll call for reconsideration: YEAS: Mr. Ratliff, Mr. Osborn, Mr. Daniels NAYS: Mr. Cumston, Mr. Thomas, Mrs. Blevins, Mr. Crider, Mrs. Gustin.

          Reconsideration is voted down.

          Mr. Russell this brings us back to find a date. Mr. Thomas made the motion to move our 2nd reading to Sunday, December 20. Mr. Ratliff asked to have it done by 1:00 PM. Mr. Edwards said he would not be here. Mr. Osborn said he doesn’t know whether he’d make it or not.

          Roll call to have the 2nd Council meeting on December 20 @ 1:00: YEAS: Mr. Cumston, Mr. Ratliff, Mr. Thomas, Mrs. Blevins, Mr. Crider, Mr. Daniels, Mrs. Gustin; NAYS: Mr. Osborn.

          2ND REGULAR COUNCIL MEETING HAS BEEN MOVED TO DECEMBER 20, 2015 @ 1:00 PM INSTEAD OF 12.28.15.

          Mr. Russell said Item 1 is unique – that public hearing has been scheduled for the 28th, we no longer have that date, we need a date certain, move it to the 1st Council meeting in January 11. Clerk said that Mr. Ruth wanted to get in the 1st of January. Mrs. Gustin since we have the swearing in on January 1, can we postpone it then, on January 1.

          Mrs. Gustin moved to have the public hearing for 2015-85 on January 1, the first meeting of the New Year, 2016. Mr. Thomas 2nd.

          Mr. Russell said this would be a special meeting on January 1, 2016.           Roll call: Ayes all, motion carried. ORDINANCE 2015-85 IS MOVED TO JANUARY 1, 2016 AT THE SPECIAL MEETING.

        

COMMITTEE DATES:

 

Finance                   12/22  @ 6:30 pm

Regional Planning    1/28    @ 7:00 – County Building 

 

        

          With no further business to come before Council, Mr. Edwards adjourned the meeting.

 

 

                                                            ____________________________                                                            Mike Thomas                                                                                 President of Council Pro-Tempore

_________________________  

Clerk of Council