Council Chambers
Regular Meeting
April 26, 2010
7:30 p.m.
Council met in Regular Session with all nine members present: Ames, Cross, Lester, Malone, Patrick, Proehl, Sharp, Siberell and Trutschel. There were 3 media representatives and 15 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 by Horizonview.
The invocation was given by Minister Seth Tinkler, Adena Road Church of Christ, followed by the Pledge of Allegiance to the Flag.
Pres. Arnold called upon Mayor Sulzer who made a special recognition on behalf of the Chillicothe Police Department. Mayor Sulzer indicated that Officer Lightle is here tonight, in place of Chief Moore, to present a Certificate of Valor to a local citizen. Officer Lightle then made this presentation to Mr. Richard Lowery, who assisted a police officer who had been attacked by a subject he was attempting to arrest.
Mayor Sulzer also introduced Angie Stevenson, an occupational therapist, who is here tonight in recognition of the month of April being National Occupational Therapist Month.
Mrs. Lester moved and Mrs. Malone seconded that the Minutes of the Regular Meeting of April 12, 2010, and the Minutes of the Special Meeting of April 19, 2010, be accepted and approved, as submitted by the Clerk. All members present voted "yea" and Pres. Arnold declared the motion adopted.
COMMITTEE REPORTS
Engineering Committee:
Mrs. Malone reported on Item #2 to express the intent to appropriate, when necessary, the city’s 10% local share of feasibility study costs for widening of U.S. Rt. 50, on tonight’s Agenda for its third reading. Mrs. Malone moved and Mrs. Patrick seconded that Item #2 not be read tonight. All members present voted "yea" and Pres. Arnold declared the motion adopted. Mrs. Malone reported on Item #14 to modify the traffic signal at the intersection of S.R. 159 and the private drives at Aldi, Inc., Tractor Supply Co. and Tire Discounters, on tonight’s Agenda for its first reading. Mrs. Malone reported on Item #18 to appropriate $141,832.00 to resurface a portion of U.S. Rt. 50, on tonight’s Agenda for its first reading.
Utilities Committee:
Mrs. Patrick reported on Item #4 to appropriate $48,428.38 for a refund to the Paccar Building for overpayments to the Utilities Department, on tonight’s Agenda for its third reading. Mrs. Patrick reported on Item #5 to appropriate $1,600.00 for refund of overpayments to the Utilities Department, on tonight’s Agenda for its third reading. Mrs. Patrick reported on Item #6 to authorize the hiring and filling of 12 part-time Utility positions for the summer season of 2010 and to appropriate $55,111.21, on tonight’s Agenda for its third reading. Mrs. Patrick moved and Mrs. Malone seconded that Item #6 not be read tonight. All members present voted "yea" and Pres. Arnold declared the motion adopted. Mrs. Patrick reported on Item #8 to appropriate $2,195.00 for a controller/datalogger in the Utilities Department, on tonight’s Agenda for its third reading. Mrs. Patrick reported on Item #10 to adopt replacement pages in the Utility Department Rules & Regulations, on tonight’s Agenda for its second reading. Mrs. Patrick indicated that she has passed out copies of an article on storm water, saying that the EPA is looking toward regulations on this that will soon affect Chillicothe. Mrs. Patrick reported on behalf of the Special Committee on rules on Item #12 to adopt "Rules of Council" for the city, on tonight’s Agenda for its second reading.
Community Committee:
Mrs. Lester reported on Item #16 to support the 59th Annual National Day of Prayer on May 6, 2010, on tonight’s Agenda for its first reading. She said that she will seek to pass this item tonight.
Finance Committee:
Mr. Siberell reported on Item #3 to appropriate $1,050,000.00 for relocation of the Chillicothe Municipal Court, on tonight’s Agenda for its third reading. Mr. Siberell reported on Item #13 to provide for the issuance of $900,000.00 of notes for street and alley improvements, on tonight’s Agenda for its second reading. He said that he will seek to pass this item tonight. Mr. Siberell reminded everyone that there will be a meeting of the Finance Committee on May 3, 2010, at 4:30 p.m., in the Administration Building, to discuss the current year’s budget.
Parks & Recreation Committee:
Mr. Trutschel reported on Item #11 to grant the use of the City Park and surrounding streets for the Annual Feast of the Flowering Moon, on tonight’s Agenda for its second reading. Mr. Trutschel reported on Item #15 to accept and appropriate $1,950.00 in donations from Kohl’s Department Store, First Capital Rotary Club, and Ron Wagner for playground equipment maintenance and repair, on tonight’s Agenda for its first reading. He said that he will seek to pass this item tonight. Mr. Trutschel also indicated that he has received Council Committee Assignment #67 to allow for the closure of a city street for the Gus Macker Basketball Tournament.
Development Committee:
Mrs. Ames reported on Item #7 to accept the annual report of the Chillicothe Reinvestment Area’s Tax Incentive Review Council, on tonight’s Agenda for its third reading.
Safety Services Committee:
Mr. Proehl reported on Item #1 to appropriate $5,389.76 for modification and repairs to the shotguns of the Police Department, on tonight’s Agenda for its third reading. Mr. Proehl moved and Mrs. Ames seconded that Item #1 not be read tonight. All members present voted "yea" and Pres. Arnold declared the motion adopted. Mr. Proehl reported on Item #9 to amend Section 359.99 of the Codified Ordinances, on tonight’s Agenda for its second reading. Mr. Proehl moved and Mrs. Ames seconded that Item #9 be amended by replacing the original version with the substitute version, copies of which were distributed tonight. All members present voted "yea" and Pres. Arnold declared the motion adopted, ruling that this does not represent a substantial change and Item #9 will therefore remain at its second reading tonight.
Human Resources Committee:
Mr. Cross reported on Item #17 to establish the pay and benefit structure of the Police and Fire Chiefs, on tonight’s Agenda for its first reading.
City Services Committee:
Mr. Sharp indicated that he has received a Council Committee Assignment to accept the Walter H. Drane Co. replacement pages, and he said that this is being processed by the Law Director’s Office.
REPORTS OF OFFICIALS
Report of Mayor Sulzer:
Mayor Sulzer commented on Item #3, stating that these funds are from the Court’s building fund, and the funds do not come out of the General Fund. Mayor Sulzer commented on Item #14, stating that the modification of the traffic signal is recommended by ODOT, due to the low traffic count. He said that this will change the signal to continuous flashing yellow for St. Rt. 159, and continuous flashing red for the private drives. Mayor Sulzer announced that the Chillicothe City Pool will open on June 5, 2010, and stay open until August 28, 2010 or August 29, 2010. He concluded his report by reminding everyone that the Veteran’s Memorial Service is scheduled for May 29, 2010, at 7:00 p.m.
Report of City Auditor Spetnagel:
Mr. Spetnagel commented on Item #13, stating that this is a debt for the street work done in 2008. He said that the city is paying this down by $100,000.00, and that the note is due on June 8, 2010. He also explained a new benefit program called The Cafeteria Plan, stating that it will save money both for the firefighters and the city. He concluded his report by encouraging the public to attend next Monday’s Finance Committee Meeting.
AUDIENCE PARTICIPATION
Gary Elkins of 2799 Patton Hill Road asked whether there will be a review committee set up on Utilities matters, as he has requested. Pres. Arnold stated that he has a letter going out to Mr. Elkins on this.
William Barnhart of 373 McKeller Street stated that he is opposed to the city’s appeal of the judgment rendered in the case of Ross County Water Company vs. Chillicothe. He said that this appeal is a waste of money.
OLD BUSINESS
Mrs. Lester said that she appeals to everyone to vote in favor of passage of the library levy.
Mrs. Ames announced that there will be a second Public Hearing on CDBG funding on May 12, 2010, at 10:00 a.m., in the Administration Building.
Mr. Trutschel said that with respect to the donations being made to the parks, he is requesting that all such donations go into a single line item in the budget. He also stated that the rental fees for the shelters in the parks do go into the General Fund, but that this money comes back to the recreation budget.
PETITIONS AND CORRESPONDENCE
The Clerk reported on receipt of a Notice from the Ohio Division of Liquor Control of the issuance of a permit to Jerry’s Inn, Inc., dba Jerry’s Inn & Patio, of 319 S. Paint Street, first floor.
NEW BUSINESS
Mrs. Ames said that she has passed out information on the Law Complex Beautification Project for the year 2010, and she reported on this.
Mrs. Patrick expressed her thanks to the Chillicothe Police Department and to Chief Moore for the bike patrol in the neighborhoods.
Mr. Sharp expressed his thanks to the garbage crews for a great job. He also reminded people using the floodwall that bicyclists should be careful of pedestrians. Mrs. Lester said that she wishes to remind everyone that it is illegal to park on city sidewalks or street curbs.
COUNCIL ASSIGNMENTS AND CALENDAR
Pres. Arnold announced the following additional Council Committee Assignments for inclusion in the Journal of Council:
- #63-Finance-Request for legislation to renew the city’s $1,000,000.00 street improvement bond anticipation notes;
- #64-Parks & Recreation-Request to accept and acknowledge a $100.00 donation from Mr. Ron Wagner to be used toward playground repairs;
- #65-Utilities-Request to study and recommend the repeal of the city ordinance imposing a 50% surcharge for water on non-city residents;
- #66-Safety Services-Request to place no parking signs along the east side of South Poplar Street from the alley that runs between East Main Street and East Fourth Street south towards East Fourth Street;
- #67-Parks & Recreation-Legislation to close Yoctangee Street from Mill Street to N. Street to help accommodate the 2010 Gus Macker Tournament from Friday, July 18th at 8:00 a.m.;
- #68-Community-Request for a resolution supporting the 59th Annual National Day of Prayer on May 6, 2010;
- #69-Safety Services-Request to amend Section 353.10 of the Codified Ordinances to assure consistency with the underlying offense;
- #70-Development-Request for legislation authorizing application to State of Ohio for Small City CDBG in the amount of $300,000.00 for Jackson Avenue area;
- #71-Development-Request for legislation authorizing application to State of Ohio for Small City CDBG in the amount of $106,000.00.
Pres. Arnold reminded everyone that there is a Finance Committee meeting scheduled for Monday, May 3, 2010, at 4:30 p.m., in the Administration Building.
READING AND PASSAGE OF LEGISLATION
Ord. No. 36-10 appropriating $1,050,000.00 for the purpose of relocating the Chillicothe Municipal Court, 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. 36-10 adopted.
Ord. No. 37-10 appropriating $48,428.38 for a refund to the Paccar Building for overpayments to the Utilities Department, 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. 37-10 adopted.
Ord. No. 38-10 appropriating $1,600.00 for a refund of overpayments to the Utilities Department, 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. 38-10 adopted.
Res. No. 3-10 accepting the annual report of the Chillicothe Reinvestment Area’s Tax Incentive Review Council was read for the third time by title only. On final passage, all members present voted "yea" and Pres. Arnold declared Res. No. 3-10 adopted.
Ord. No. 39-10 appropriating $2,195.00 to purchase a controller/datalogger in the Utilities Department, and declaring an emergency was read for the third time by title only. On final passage, all members present voted "yea" except Mr. Sharp, who voted "nay", and Pres. Arnold declared Ord. No. 39-10 adopted by a vote of 8-1.
An Ordinance amending Section 359.99 of the Codified Ordinances of the City of Chillicothe was read for the second time by title only.
An Ordinance adopting replacement pages in the Utility Department Rules & Regulations, 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 Wednesday, May 26, 2010 at 5:30 p.m. through Monday, May 31, 2010 at 12:00 noon for preparation and operation of the Annual Feast of the Flowering Moon and providing for coordination of its events with the City Parks & Recreation Department, and declaring an emergency was read for the second time by title only.
An Ordinance adopting "Rules of Council" for the City of Chillicothe, Ohio, and declaring an emergency was read for the second time by title only.
Ord. No. 40-10 providing for the issuance of $900,000.00 of notes by the City of Chillicothe, Ohio, in anticipation of the issuance of bonds for the purpose of paying the cost of improving, reconstructing and repairing various streets and alleys in the municipality, and declaring an emergency was read for the second time by title only. Mr. Siberell moved and Mrs. Lester 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. 40-10 adopted.
An Ordinance providing for the modification of traffic signal timing at the intersection of St. Rt. 159 and a private drive servicing Aldi, Inc., Tractor Supply Co. and Tire Discounters, within the City of Chillicothe was read for the first time by title only.
Ord. No. 41-10 accepting and appropriating $1,500.00 received from Kohl’s Department Store, $350.00 received from First Capital Rotary Club, and $100.00 from Ron Wagner for playground equipment maintenance and repair, and declaring an emergency was read for the first time by title only. Mr. Trutschel 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. 41-10 adopted.
Res. No. 4-10 supporting the 59th Annual National Day of Prayer on May 6, 2010, and declaring an emergency was read for the first time by title only. Mrs. Lester moved and Mr. Trutschel 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 Res. No. 4-10 adopted.
An Ordinance establishing the pay and benefit structure of the Police and Fire Chiefs, repealing Ord. Nos. 115-03, 95-09, and 91-06, and declaring an emergency was read for the first time by title only.
An Ordinance appropriating $141,832.00 as the city’s share of the cost to resurface a portion of U.S. Rt. 50, authorizing the Director of Transportation to proceed with highway improvements, authorizing the City Engineer to execute contracts associated with said project, and declaring an emergency was read for the first time by title only.
Mrs. Malone moved and Mrs. Ames seconded that the meeting be adjourned. All members present voted "yea" and Pres. Arnold declared the motion adopted. Adjourned at 8:16 p.m.