Spencer Phelps is Quoted Again in the Marion Controversy

MARION - Chastised for owning a business that owes more than $70,000 in delinquent utility bills and property taxes, City Council President Dave Edwards and Councilman Ralph Cumston on Monday said they will not resign their council positions.

Reading from a written statement before turning the meeting over to Council President-Pro Tempore Mike Thomas, Edwards told a gallery of about 45 people that neither would step down.
Four residents, prompting applause with their comments, urged the two council members and others to resign.

D&R Investments LLC and D&R Investments Ltd., two rental businesses owned by Edwards and Cumston, owe $60,081 in delinquent property taxes and approximately $11,000 in delinquent utility bills. After not responding to collection notices from the county treasurer's office in November 2008 and last month, D&R contacted the office March 3 to set up a payment plan. D&R also set up a payment plan with the law director's office to pay delinquent utility bills and as of Aug. 4, 2008, had paid $11,776.

Calling for Edwards and Cumston to resign, Ed Christian said city officials were misleading the public about the matter.

"You don't confuse all of us," Christian said, "because we know who you are."
Mona Miller called for Cumston to resign his position as chairman for council's finance committee, saying "he can't keep his own finances straight." She said she formerly owned rental properties and that the appropriate way to do business is to put aside money to pay property taxes and utility bills, not leave them unpaid for more than a year.

Spencer Phelps, who's running as a Libertarian candidate for council president, asked Edwards and Cumston if it was OK for residents who are behind on their sewer bills to not pay those bills until they have everything else "caught up."

Cumston responded, "We paid over $12,000 last year. I don't know where he's getting that."
City Law Director Mark Russell has said if D&R's delinquent utility bills are not paid in full by April 1, the law director's office will go to the next step of collection activity, referring to garnishing "any source of an asset. That's normal procedure."

In his statement, Edwards said neither he nor Cumston "have ever asked for, received or been offered any special treatment" from any governmental agencies. Saying they have done nothing "illegal, unethical or immoral," he added that they "will not be pressured by anyone to resign our positions on council."

Asked for a response to the criticism and calls for resignation, Cumston said Edwards' statement "kind of said it. ... I didn't do anything wrong. The last time I checked it wasn't against the law to owe a bill."

City Service Director Jay Shoup said D&R continues to owe approximately $10,000 to $12,000 in delinquent utility bills.

Joseph Scott and Councilman Ayers Ratliff joined Ralph Hill in criticizing council and the administration for having a police officer at the meeting.

Scott accused the city of treating D&R differently than other residents.
"We should all be treated fairly, equally and justly," he said. "There's been a conspiracy here and somebody should answer for it."

The Rev. Doug Ford, who often provides a prayer at the beginning of council meetings, said he supports the two council members, adding that "not everyone feels strongly against" them. He called for them to remain on council.

Sulu Kelly urged those criticizing the council members to run for council. "I'll even sign your petitions, but that doesn't mean I'll vote for you."