Council Chambers
Public Hearing
February 22, 2010
7:30 p.m.
Pres. Arnold called to order the Public Hearing on Item #1 on tonight’s Council Agenda, an Ordinance to approve the proposed rezoning of property located at 15 Western Avenue from R-0 to C-4. Present were the following eight members of Council: Ames, Lester, Malone, Patrick, Proehl, Sharp, Siberell and Trutschel. (Mr. Cross absent.) There were 3 media representatives and 13 other visitors present, in addition to Mayor Sulzer, Assistant Law Director Preston, and City Auditor Spetnagel. The Public Hearing was broadcast live by Time Warner Cable and by Horizonview.
Pres. Arnold asked if any member of the audience wished to be heard on the subject. Connie Riley of 256 Church Street said that she thinks that the rezoning of this property would be a poor move by the city. She said that if the owners are not putting in a used car lot, then they don’t need the rezoning anyway.
Pres. Arnold asked if any member of Council or public official wished to be heard on the subject. Mrs. Ames said that the proposed C-4 status is more congested, and that to her the permitted uses are not good uses for this property. She said that she is opposed to the rezoning. Mrs. Lester said that she is speaking for the neighbors, and that they are opposed to allowing any use of this property for a used car lot or any other use permitted under C-4 zoning. Mrs. Patrick said that she agrees with both Mrs. Ames and Mrs. Lester. She said that the lot is too small, and that this would present a safety issue. Mrs. Malone said that as Chairperson of the Engineering Committee, she spoke with Mr. Chuck Wiley who stated that the property will continue to be used as an insurance agency. She said that she agrees that the property should not be rezoned. Mr. Sharp said that he also spoke to the neighbors, and that they are all opposed to the rezoning.
Pres. Arnold declared the Public Hearing closed at 7:35 p.m.
Council Chambers
Regular Meeting
February 22, 2010
7:35 p.m.
Council met in regular session with the following eight members present: Ames, Lester, Malone, Patrick, Proehl, Sharp, Siberell and Trutschel. (Mr. Cross absent.) There were 3 media representatives and 13 other visitors present in addition to Mayor Sulzer, Assistant Law Director Preston, and City Auditor Spetnagel. The meeting was broadcast live by Time Warner Cable and Horizonview.
Following the Pledge of Allegiance to the Flag, Mrs. Lester moved and Mrs. Malone seconded that the Minutes of the regular meeting of February 8, 2010, be accepted and approved, as submitted by the Clerk. All members present voted “yea” and Pres. Arnold declared the motion adopted.
COMMITTEE REPORTS
Parks & Recreation Committee:
Mr. Trutschel reported on Item #3 to accept and appropriate a $510.00 donation by the Brewer Heights Entrance Club to purchase and plant trees, on tonight’s Agenda for its third reading. Mr. Trutschel reported on Item #6 to authorize an application for a $5,000.00 grant through the David Meade Massie Trust for the 2010 4th of July fireworks, on tonight’s Agenda for its second reading. Mr. Trutschel reported on Item #7 to grant the use of the City Park and surrounding streets for preparation and operation of the Tour of the Scioto River Valley, on tonight’s Agenda for its second reading. Mr. Trutschel also commented on a recent assignment to prepare legislation for the Annual Feast of the Flowering Moon.
Engineering Committee:
Mrs. Malone reported on Item #1 to approve the proposed rezoning of property located at 15 Western Avenue from R-0 to C-4, on tonight’s Agenda for its third reading. Mrs. Malone reported on Item #5 to approve the proposed rezoning of property located at 605 E. Main Street and 15 N. Brownell Street from R-8 to C-2, on tonight’s Agenda for its second reading.
Utilities Committee:
Mrs. Patrick said that the Utilities Committee has nothing on tonight’s Agenda. However, she reminded everyone that the monthly billing for utilities will start next month, and she said that the Utilities Department does offer automatic bill pay through a checking account. She also reminded everyone that the Water Rate Review Committee is scheduled to meet on February 24, 2010, at 3:30 p.m., in the conference room at the Administration Building.
Development Committee:
Mrs. Ames reported on Item #2 to authorize the Mayor to apply for a Clean Ohio Assistance Grant, on tonight’s Agenda for its third reading. She said that this was the subject of the review session on February 1, 2010. Mrs. Ames reported on Item #9 to authorize an agreement with the Ohio Regional Development Corporation for an application for 2010 CHIP funding, on tonight’s Agenda for its first reading. She said that there are Public Hearings scheduled for tomorrow and Wednesday on the use of CHIP funding.
Finance Committee:
Mr. Siberell reported on Item #8 to appropriate $7,500.00 for outside contracts for mental examinations and mental evaluations for the Chillicothe Municipal Court, with respect to indigents who are criminally accused, on tonight’s Agenda for its first reading. He read aloud the contents of a letter from the two Municipal Court Judges on this subject, indicating that Ohio law requires the legislative authority of the municipality to pay for these examinations and evaluations, and ordering City Council to make an appropriation to pay this. He said that the total cost for the year 2010 will be approximately $25,000.00, and that this initial appropriation of $7,500.00 will therefore only cover the first several months of this year. He said that he will seek to pass this item tonight.
Safety Services Committee:
Mr. Proehl reported on Item #10 to provide for an agreement with the Ross County Commissioners for the city to be eligible for state reimbursement of costs in appointing counsel for indigent criminal defendants, on tonight’s Agenda for its first reading. He said that he will seek to pass this item tonight.
REPORTS OF OFFICIALS
Report of Mayor Sulzer:
Mayor Sulzer thanked the city crews for their excellent work in snow removal during the past week. He said that the overtime costs for this to date this year amounts to $10,470.00. However, he said that a good part of this will come out of comp time. He also said that the city has used about $45,000.00 worth of salt to date, and that other costs such as equipment repair are not included in these costs. He said that an additional $45,000.00 worth of salt will soon be delivered to the city.
Report of Auditor Spetnagel:
Mr. Spetnagel indicated that the city’s revenues are on track with previous estimates. He said that with respect to the amount that the Utilities Department reimbursed to the general fund in 2009, he is in the process of investigating this.
Report of Assistant Law Director Preston:
Mr. Preston urged Council to pass Item #4 tonight in order to get the city’s Codified Ordinance Book updated.
AUDIENCE PARTICIPATION
William Barnhart of 373 McKeller Street commended the city crews for an excellent job. He also expressed thanks to Mrs. Patrick, Mr. Sharp, and Mayor Sulzer for their efforts in putting a stop to the delivery of circulars to his residence. He also once again spoke out in favor of a ban on the use of cell phones while driving, stating that he thinks that this is more important than letting people hunt deer within the city limits.
OLD BUSINESS
Mrs. Malone said that she has also received many positive comments from the public concerning the city’s snow removal.
Mr. Sharp said that he thanks Mr. Mike Throne, and Marianne for their cooperation in stopping the circular delivery to Mr. Barnhart.
NEW BUSINESS
Mrs. Lester moved and Mrs. Malone seconded that Council excuse the absence of Mr. Cross. All members present voted “yea” and Pres. Arnold declared the motion adopted.
COUNCIL ASSIGNMENTS AND CALENDAR
Pres. Arnold announced the following additional Council Committee Assignments for inclusion in the Journal of Council:
#28-Parks & Recreation-Request for legislation as it relates to the Annual Feast of the Flowering Moon event from Wednesday, May 26, through Monday, May 31;
#29-Development-Legislation authorizing the Mayor to enter into an agreement with
ORDC to file an application with the State for the 2010 CHIP Program;
#30-Safety Services-Request for legislation to appropriate $22,000.00 for the Fire
Department per attached detailed information; and
#31-Finance-Request for legislation to appropriate $26,809.00 from Safety Levy
capital to pay for the licensing fees for computers within the Police Department.
Pres. Arnold indicated that there will be a Review Session on Monday, March 1, 2010, at 6:30 p.m., here in Council Chambers, for the purpose of discussing the proposed widening of U.S. Rt. 50.
READING AND PASSAGE OF LEGISLATION
An Ordinance approving the action of the Planning Commission of the City of Chillicothe in rezoning property located at 15 Western Avenue, Chillicothe, Ohio from R-0 to C-4 was read for the third time by title only. On final passage, all members present voted “nay” and Pres. Arnold declared the ordinance to have failed.
Ord. No. 17-10 authorizing the Mayor to apply for Clean Ohio Assistance Grant funds, accepting said grant if awarded, and declaring an emergency was read for the third time by title only. On final passage, all members present voted “yea” and Pres. Arnold declared Ord. No. 17-10 adopted.
Ord. No. 18-10 accepting and appropriating $510.00, which was donated to the city by the Brewer Heights Entrance Club to purchase and plant trees, and declaring an emergency was read for the third time by title only. On final passage, all members present voted “yea” and Pres. Arnold declared Ord. No. 18-10 adopted.
Ord. No. 21-10 authorizing the Mayor of the City of Chillicothe, Ohio to enter into a contract with the Walter H. Drane Co., and declaring an emergency was read for the third time by title only. On final passage, all members present voted “yea” and Pres. Arnold declared Ord. No. 21-10 adopted.
An Ordinance approving the action of the Planning Commission of the City of Chillicothe in rezoning property located at 605 E. Main Street and 15 N. Brownell Street, Chillicothe, Ohio from R-8 to C-2 was read for the second time by title only.
An Ordinance authorizing the appropriate city officials to apply for, and accept if awarded, a grant in the amount of $5,000.00 through the David Meade Massie Trust to be used for the 2010 Fourth of July fireworks, and declaring an emergency was read for the second time by title only.
A Resolution granting use of the City Park and surrounding streets from Friday, May 7, 2010 at 12:00 p.m. through Monday, May 10, 2010 at 12:00 p.m. for preparation and operation of the Tour of the Scioto River Valley and providing for coordination of its events with the Parks & Recreation Department, and declaring an emergency was read for the second time by title only.
Ord. No. 19-10 appropriating $7,500.00 for outside contracts to pay for competency examinations and not guilty by reason of insanity evaluations for the Chillicothe Municipal Court, and declaring an emergency was read for the first time by title only. Mr. Siberell 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. Arnold declared the rule suspended. All members present then voted “yea” on the item itself, and Pres. Arnold declared Ord. No. 19-10 adopted.
A Resolution authorizing the Mayor to enter into an agreement with the Ohio Regional Development Corporation to file an application on behalf of the City of Chillicothe, with the State of Ohio to participate in the 2010 Community Housing Improvement Program (CHIP), accepting the grant if awarded, and declaring an emergency was read for the first time by title only.
Ord. No. 20-10 providing for an agreement between the City of Chillicothe, Ohio and the Ross County Commissioners, whereby the City of Chillicothe, Ohio, will continue to be eligible for state reimbursement of costs incurred in appointing counsel for indigent criminal defendants, and declaring an emergency was read for the first time by title only. Mr. Proehl moved and Mr. Siberell seconded that the three reading rule be suspended, placing this item on final passage. All members present voted “yea” and Pres. Arnold declared the rule suspended. All members present then voted “yea” on the item itself, and Pres. Arnold declared Ord. No. 20-10 adopted.
Mrs. Malone moved and Mrs. Lester seconded that the meeting be adjourned, all members present voted “yea” and Pres. Arnold declared the motion adopted. Adjourned at 8:05 p.m.