Council Chambers
Regular Meeting
December 14, 2009
7:30 p.m.
Council met in regular session with all nine members present: Ames, Bonner, Cross, Henderson, Lester, Malone, Patrick, Proehl and Trutschel. There were 3 media representatives and 35 other visitors present, in addition to Mayor Sulzer, City Law Director Eddy, and City Auditor Morrissey. The meeting was broadcast live by Time Warner Cable and by Horizonview.
The invocation was given by Rev. Dan Zickafoose, Adena Hospice Chaplain, followed by the Pledge of Allegiance to the Flag.
Mrs. Ames moved and Mrs. Lester seconded that the Minutes of the regular meeting of November 23, 2009, and the Minutes of the Legislative Review Session of November 30, 2009, be accepted and approved, as submitted by the Clerk. All members present voted “yea” and Pres. Shoultz declared the motion adopted.
COMMITTEE REPORTS
Parks & Recreation Committee:
Mr. Trutschel reported on Item #10 to accept and appropriate $1,000.00 received from the Fraternal Order of Eagles Chillicothe Aerie No. 600, on tonight’s Agenda for its first reading.
Engineering Committee:
Mrs. Malone reported on Item #6 to approve the proposed rezoning of property located at 15 Western Avenue from R-0 to C-4, on tonight’s Agenda for its second reading. She said that this item is scheduled for a public hearing before Council on January 25, 2010, and that it therefore should not be read tonight. Mrs. Malone moved and Mrs. Patrick seconded that Item #6 not be read tonight. All members present voted “yea” and Pres. Shoultz declared the motion adopted. Mrs. Malone reported on Item #8 to authorize the relocation of a portion of N. Plaza Blvd., on tonight’s Agenda for its second reading.
City Services Committee:
Mrs. Lester reported on Item #5 to prohibit parking on the south side of Neal Avenue between Maple Avenue and S. Sugar Street, on tonight’s Agenda for its second reading. Mrs. Lester reported on Item #17 to amend Section 917.06 of the Codified Ordinances and to repeal Ord. No. 27-06, on tonight’s Agenda for its first reading.
Safety Services Committee:
Mr. Proehl reported on Item #9 to enact Section 1511.05 of the Codified Ordinances entitled “Obstruction of Fire Hydrants”, on tonight’s Agenda for its first reading.
Finance Committee:
Mrs. Henderson reported on Item #1 to authorize not to exceed $2,100,000.00 Municipal Court improvement bonds, on tonight’s Agenda for its third reading. Mrs. Henderson reported on Item #2 to authorize the purchase of 89-95 E. Main Street for $1,150,000.00 to relocate the Chillicothe Municipal Court, on tonight’s Agenda for its third reading. Mrs. Henderson reported on Item #11 to appropriate $11,375.00 for the end of year 2009 budget, on tonight’s Agenda for its first reading. She said that she will seek to pass this item tonight. Mrs. Henderson reported on Item #12 to appropriate $46,000.00 to pay the Fire Pension Fund payment, on tonight’s Agenda for its first reading. She said that she will also seek to pass this item tonight. Mrs. Henderson reported on Item #13 to appropriate $13,328.50 for expenses related to the Neenah Gardens Sewer Project, on tonight’s Agenda for its first reading. She said that this item needs to be corrected, due to a typo in the amount. Mrs. Henderson moved and Mrs. Ames seconded that Item #13 be amended by changing the figure $13,328.50 to $13,398.50 in each place that this appears. All members present voted “yea” and Pres. Shoultz declared the motion adopted. Mrs. Henderson reported on Item #14 to appropriate $650.00 for a washing machine for Fire Station #4, on tonight’s Agenda for its first reading. Mrs. Henderson reported on Item #15 to appropriate $1,104.61 for a new computer for use in the Civil Service Commission Office, on tonight’s Agenda for its first reading. Mrs. Henderson commented on the Finance Committee meeting that was held on November 30, 2009. She said that during this meeting, the question was raised about the amount of the utilities on 26 S. Paint Street, as well as the amount for 95 E. Main Street. She said that Mrs. Patrick received the information concerning 26 S. Paint Street, and that she had obtained the amounts for 95 E. Main Street. She presented these figures, and indicated that she has distributed a memo concerning this. Mrs. Henderson moved and Mr. Bonner seconded that Council go into a recess for about 5 minutes so that she could confer with the Law Director. All members present voted “yea” and Pres. Shoultz declared the motion adopted. Council then recessed the regular meeting for approximately 5 minutes. Mrs. Henderson moved and Mr. Cross seconded that Council return from the recess and resume the regular meeting. All members present voted “yea” and Pres. Shoultz declared the motion adopted, at which time Council resumed the regular meeting. Mrs. Henderson said that a substitute version of Item #1 has been brought in tonight by the Law Director, updating the legislation. Mrs. Henderson moved and Mrs. Ames seconded that Item #1 be amended by substituting this new version for the original version. All members present voted “yea” and Pres. Shoultz declared the motion adopted. Pres. Shoultz noted that the amount of notes and bonds authorized has been increased to $2,200,000.00 in addition to updating the legislation, but he ruled that this does not represent a substantial change and that therefore Item #1 will remain at its third reading status tonight.
Human Resources Committee:
Mr. Bonner reported on Item #4 to amend Section 123.021 of the Chillicothe Codified Ordinances, on tonight’s Agenda for its second reading. Mr. Bonner reported on Item #7 to amend Ord. No. 35-09 pertaining to a part-time temporary assistant in the Human Resources Department, on tonight’s Agenda for its second reading.
REPORTS OF OFFICIALS
Report of Mayor Sulzer:
Mayor Sulzer commented on Item #8 to relocate a portion of N. Plaza Blvd. He said that this will be totally funded by the State of Ohio. Mayor Sulzer commented on Item #9 dealing with obstruction of fire hydrants. He said that this has been requested by the Chillicothe Fire Department due to some difficulty that they have had in locating hydrants as a result of landscaping and painting. Mayor Sulzer commented on Item #10, expressing his thanks to the local Chillicothe Eagles Club for this $1,000.00 donation that will go toward repairing the bandstand in the park. Mayor Sulzer then commented on the financial picture for the coming year of 2010. He said that although it has been reported in the local newspaper that there may be a deficit of up to $3,000,000.00, this is something that he has been discussing with the City Auditor concerning the anticipated revenues, and that he and the Auditor have their differences of opinions on both this and the amount of the budget carryover. He said that as a result, he will be presenting a temporary budget for the first quarter of the year. He said that this will give the new City Auditor, Thomas Spetnagel, Jr., time to go over the figures and come up with his own projections, so that a permanent budget can be in place by the end of March. Mayor Sulzer concluded his report by wishing everyone a Merry Christmas and happy holidays.
Report of Auditor Morrissey:
Mr. Morrissey said that he plans to meet tomorrow morning with Mayor Sulzer, Mrs. Henderson, and Tom Spetnagel, Jr., to go over the budget figures. He reported that he took bids today on the $2,200,000.00 notes in the event that Item #1 is passed tonight, and that the interest rate is 0.936%, which is the lowest that he has seen. He said that he has distributed a memo concerning the bid results, as well as copies of the overtime reports for the Police and Fire Departments; a final report from Redflex, and fund balance reports. Mr. Morrissey also commented on Item #11, stating that this is necessary as a result of a retirement in traffic control.
Report of Law Director Eddy:
Mrs. Eddy said that she has no official report tonight, but that she wishes everyone a Merry Christmas and she reminded everyone to buckle up and not to drink while driving so that the holidays will be safe.
AUDIENCE PARTICIPATION
Gail Taylor of 253 Vine Street commented on the proposed purchase of the former AEP building, again asking that no action be taken on this matter during the current term of Council. She also commented on the Carlisle Building, discussing the possible affect that a purchase of the AEP building will have on the financing of any renovation of the Carlisle Building. She read from prepared remarks that discussed the Finance Committee meeting that she attended on November 30, 2009.
David Wagner of 126 W. Second Street said that as a taxpayer he believes that the city needs to completely back off on any purchase of the former AEP building. He passed out copies of the purchase contract, and then expressed a number of concerns that he has with this document. He urged that the matter at least be postponed until the new Council takes office.
Carolyn Schaffer of 177 E. Fourth Street also spoke against the proposed purchase of the former AEP building, stating that there are still too many unanswered questions. She urged Council to not go ahead with this purchase, but instead to put this issue on the ballot so that a vote of the people can be had.
Bob Evans of 6633 St. Rt. 159 said that he questions the motives of Mr. Wagner, who is also a realtor. Mr. Evans said that the purchase contract is a standard contract used by local realtors, and that this contract has been reviewed by attorneys, including Mayor Sulzer and City Law Director Eddy. He said that the building has been inspected by the City Engineering Department and by Dan Marsh Architect, and that the systems are working as far as he knows, that the building has been maintained and is in operational condition.
Pat Evans of 6633 St. Rt. 159 said that we are talking about two different issues here. She said that the former AEP building is what the judges have said that they want and need. However, she said that those who are wanting the city to commit money toward restoration of the Carlisle Building are wanting the court’s money for this financing.
Janet Griffith of 603 Commanche Road spoke against the purchase of the former AEP building, stating that although she is one of the people who want to see the Carlisle Building restored, it is the financial issues that are most important and the unanswered questions. She said that since the city has no budget yet for 2010, these financial questions are most important.
Joe Herlihy of 314 Fairway Avenue said that planning is very important, and he stated that the Hyatt Palma study shows the existing needs of the downtown area. He urged Council to rethink that document.
Barbara Herlihy of 711 Allen Avenue also spoke about the Hyatt Palma study, stating that it is now 2 ½ years later and that this plan has just been gathering dust. She said that she is against any vote by Council to purchase the former AEP building, and that the city needs to adopt a master plan for the downtown area before purchasing any buildings.
Keith Lovensheimer, who stated that he is homeless, complained about being falsely indicted and arrested while sleeping in the back of his truck for crimes committed by his cousins. He also complained about a hazardous situation on Western Avenue at the intersections of Woodbridge and University Drive, where he stated that there are live electrical wires running down the poles. He complained that pedestrians cannot get across the street safely at these two locations because the buttons are missing for the walk lights, and he said that pedestrians are not safe anywhere in the city. He also complained about the absence of shelters for the homeless in Chillicothe, and stated that no jobs are available for the unemployed.
OLD BUSINESS
Mrs. Patrick said that she has distributed a memo that she wrote concerning the proposed purchase of the former AEP building, and she read this aloud. She urged the members of Council to support the passage of the purchase of the former AEP building.
Mrs. Ames said that she does not feel that it is necessary or appropriate to wait for a new Council to decide this issue. She said that Mrs. Henderson and Mr. Bonner are both well acquainted with this issue, and that current members of City Council were elected and serve to make decisions.
Mrs. Malone said that she disagrees with the statement that Council has let the Hyatt Palma study gather dust. She discussed the many actions that have already been taken by Council, and said that Council and the Administration continue to discuss other actions that can be done in conformity with the recommendations of this study.
Mr. Trutschel said that he has looked at other buildings that exist downtown, and that Council must find one that fits the needs of the courts. He said that he believes that it is the responsibility of this Council to vote on the matter and that this Council has the right to vote on this matter.
Mrs. Lester said that Council cannot move forward until it takes a vote on this issue tonight. She said that she agrees with Mrs. Evans in that the building is for the judges and it is what they want and need.
Mr. Bonner said that there are many other matters that have been discussed that are not relevant to this issue, but have been drawn into the discussion, such as that of the personalities of the realtor and seller. However, he said that it is still not clear what the city plans to do with the existing court building, and there are many other relevant issues that have remained unclear. He said that he thinks that since the city needs both new court facilities and new Administration offices, the needs should be dealt with together. He said that he just does not think it is the best move for the city to acquire this building at this time.
Mr. Proehl said that he joins with Mr. Bonner in opposing the purchase of the former AEP building. He said that he is concerned as to whether this is something that the city can afford to do. He said that the city will not only have to pay the utilities and maintenance costs of the new building, but also the costs of this existing building, even if it is mothballed.
Mr. Cross said that he feels that it is time to do something, and that Council needs to vote on this matter tonight and then move on.
PETITIONS AND CORRESPONDENCE
The Clerk reported on the receipt of a Notice from the Ohio Division of Liquor Control of the expiration of permits to sell alcoholic beverages in the city on February 1, 2010, and also providing information concerning any objection to the renewal of a permit or the request for a hearing; on receipt of an email from Gail Taylor of 253 Vine Street concerning her planned remarks to City Council tonight in opposition to the purchase of the former AEP building, copies of which were distributed to the members of Council; and on receipt of a letter from the Chillicothe Ross Chamber of Commerce urging City Council to purchase the former AEP building for use by the Chillicothe Municipal Court. Mrs. Henderson moved and Mrs. Ames seconded that the Clerk be directed to read aloud in its entirety the letter from the Chillicothe Ross Chamber of Commerce. All members present voted “yea” and Pres. Shoultz declared the motion adopted, directing the Clerk to read the letter in its entirety. The Clerk proceeded to read the letter aloud.
NEW BUSINESS
Mr. Bonner indicated that he had overlooked an item on tonight’s Agenda, and he proceeded to report on Item #16 to create Section 137.21 and to repeal Section 121.05 of the Codified Ordinances.
COUNCIL ASSIGNMENTS AND CALENDAR
Pres. Shoultz announced the following additional Council Committee Assignments for inclusion in the Journal of Council:
#392-Finance-Appropriate funds for year end 2009; and
#393-Finance-Appropriate $46,000.00 for Fire Pension Fund.
READING AND PASSAGE OF LEGISLATION
Ord. No. 145-09 providing for the issuance of not to exceed $2,200,000.00 of notes by the City of Chillicothe, Ohio, in anticipation of the issuance of bonds for the purpose of paying the cost of acquiring and improving a building for Municipal Court use, including equipment, furnishings and site improvements, together with all necessary appurtenances, and declaring an emergency was read for the third time by title only. On final passage, all members present voted “yea” except Mr. Bonner and Mr. Proehl, who each voted “nay”, and Pres. Shoultz declared Ord. No. 145-09 adopted by a vote of 7-2.
Ord. No. 146-09 authorizing the Mayor to enter into a contract to purchase real property located at 89-95 E. Main Street, Chillicothe, Ohio from Globe Furniture Co., an Ohio General Partnership, for the purchase price of $1,150,000.00 in order to relocate offices and facilities of the Municipal Court, and declaring an emergency was read for the third time by title only. On final passage, all members present voted “yea” except Mr. Bonner and Mr. Proehl, who each voted “nay”, and Pres. Shoultz declared Ord. No. 146-09 adopted by a vote of 7-2.
Ord. No. 147-09 appropriating $42,000.00 for the Chillicothe Police Department to pay the Ross County Jail for prisoner expenses, and declaring an emergency was read for the third time by title only. On final passage, all members present voted “yea” and Pres. Shoultz declared Ord. No. 147-09 adopted.
An Ordinance amending Section 123.021 of the Chillicothe Codified Ordinances, and declaring an emergency was read for the second time by title only.
An Ordinance prohibiting parking on the south side of Neal Avenue between Maple Avenue and S. Sugar Street was read for the second time by title only.
An Ordinance amending Section 2 of Ord. No. 35-09 as it pertains to a part-time temporary assistant within the Human Resources Department, and declaring an emergency was read for the second time by title only.
An Ordinance authorizing the relocation of a portion of N. Plaza Blvd., and authorizing the Mayor and Safety-Service Director to accept and convey certain parcels of real property, to enter into temporary easements with the fee holders thereof, and to enter into agreements terminating leasehold interests in certain parcels with lessees as needed, for the purposes of relocation of a portion of the roadway known as N. Plaza Blvd., and declaring an emergency was read for the second time by title only.
An Ordinance enacting Section 1511.05 of the Codified Ordinances of the City of Chillicothe entitled “Obstruction of Fire Hydrants” was read for the first time by title only.
An Ordinance accepting and appropriating the sum of $1,000.00 received from the Fraternal Order of Eagles Chillicothe Aerie No. 600, and declaring an emergency was read for the first time by title only.
Ord. No. 148-09 appropriating $11,375.00 for the end of year 2009 budget, and declaring an emergency was read for the first time by title only. Mrs. Henderson moved and Mrs. Ames seconded that the three reading rule be suspended, placing this item on final passage. All members present voted “yea” and Pres. Shoultz declared the rule suspended. All members present then voted “yea” on the item itself, and Pres. Shoultz declared Ord. No. 148-09 adopted.
Ord. No. 149-09 appropriating the sum of $46,000.00 to pay the Fire Pension Fund payment; and declaring an emergency was read for the first time by title only. Mrs. Henderson moved and Mr. Proehl seconded that the three reading rule be suspended, placing this item on final passage. All members present voted “yea” and Pres. Shoultz declared the rule suspended. All members present then voted “yea” on the item itself, and Pres. Shoultz declared Ord. No. 149-09 adopted.
An Ordinance appropriating $13,398.50 for expenses related to the Neenah Gardens Sewer Project, and declaring and emergency was read for the first time by title only.
An Ordinance appropriating $650.00 to purchase a washing machine for Fire Station No. 4, and declaring an emergency was read for the first time by title only.
An Ordinance appropriating $1,104.61 to purchase a new computer for use in the Civil Service Commission Office, and declaring an emergency was read for the first time by title only.
An Ordinance creating Section 137.21 and repealing Section 121.05 of the Codified Ordinances of the City of Chillicothe was read for the first time by title only.
An Ordinance amending Section 917.06 of the Codified Ordinances of the City of Chillicothe and repealing Ord. No. 27-06 was read for the first time by title only.
Pres. Shoultz expressed his thanks to all of those who had sent cards and their condolences on his mother’s passing.
Mrs. Malone moved and Mrs. Lester seconded that the meeting be adjourned. All members present voted “yea” and Pres. Shoultz declared the motion adopted. Adjourned at 9:00 p.m.