Council Chambers
Regular Meeting
May 24, 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 7 other visitors present, in addition to Mayor Sulzer, City Law Director Eddy, and City Auditor Spetnagel. The meeting was broadcast live by Time Warner Cable and by Horizonview.

The invocation was given by Pastor Bruce Viar, High Street Church of Christ in Christian Union, followed by the Pledge of Allegiance to the Flag.

Mrs. Lester moved and Mr. Siberell seconded that the Minutes of the regular meeting of May 10, 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 #8 to grant the Gus Macker LLC 3-on-3 Basketball Tournament use of certain streets within the city, on tonight’s Agenda for its first reading.

Utilities Committee:

Mrs. Patrick reported on Item #1 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 #1 be amended by replacing the original version with the substitute version distributed tonight. All members present voted “yea” and Pres. Arnold declared the motion adopted, ruling that this does not constitute a substantial change and Item #1 will therefore remain at its third reading status tonight. Mrs. Patrick indicated that the substitute version changes the number of employees to be hired to eight, and reduces the amount appropriated to $36,740.81. She indicated that during a meeting of the Utilities Committee on May 13, 2010, it was decided to report out of the committee, with no action to be taken by Council, a request to reduce the surcharge for non-city residents on their utility bills. She also indicated that on behalf of the Special Committee on Rules, she has passed out copies of the new Rules of Council.

Engineering Committee:

Mrs. Malone reported on Item #2 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 third reading.

Development Committee:

Mrs. Ames reported on Item #5 to authorize an application to participate in the Small Cities Community Development Block Grant Formula Program, on tonight’s Agenda for its second reading. Mrs. Ames reported on Item #6 to authorize an application to participate in the Small Cities Community Development Block Grant Neighborhood Revitalization Program, on tonight’s Agenda for its second reading.

Safety Services Committee:

Mr. Proehl reported on Item #4 to amend Section 353.10 of the Codified Ordinances, on tonight’s Agenda for its second reading. He said that there will be a meeting of the Safety Services Committee on Thursday, May 27, 2010, at 4:30 p.m., in the first floor conference room of the Administration Building. He said that the committee will also meet next month to discuss the proposed ban on the use of cell phones while driving. Also, he said that the Special Committee on cost savings in the Council budget will meet on June 10, 2010, at 4:30 p.m., in the first floor conference room of the Administration Building.

City Services Committee:

Mr. Sharp reported on Item #7 to approve current replacement pages to the Chillicothe Codified Ordinances, on tonight’s Agenda for its second reading. He said that he will seek to pass this item tonight.

Human Resources Committee:

Mr. Cross reported on Item #3 to establish the pay and benefit structure of the Police and Fire Chiefs, on tonight’s Agenda for its third reading.

REPORTS OF OFFICIALS

Report of Mayor Sulzer:

Mayor Sulzer commented on Item #2, stating that this traffic signal is pursuant to an agreement with ODOT, and that they conducted a 90 day survey and found that the traffic count does not currently warrant a full traffic signal at this location. He said that this is why it is being changed to flashing lights. He also indicated that he and the Auditor have been meeting on a daily basis about the budget, and that there will be no summer help program for yard waste pickup and mowing this year. He said that the Mayor’s Cup has also been canceled for this year. He indicated that funds have been withdrawn from the street fund for this year, and that he has also issued a hiring freeze for the balance of 2010. Mayor Sulzer indicated that Mrs. Primer of the Parks & Recreation Department says that she is collecting donation funds for the annual 4th of July fireworks display. Mayor Sulzer announced that there will be a memorial service at the Veteran’s Park this coming Saturday, May 29, 2010, at 7:00 p.m. He concluded his report by indicating that the City Pool will open on June 5, 2010, but that the hours will be limited.

Report of Auditor Spetnagel:

Mr. Spetnagel said that he has distributed copies of the cost allocation study by Maximus. He said that the reimbursement for next year will be $639,000.00. He said that he has also requested three ordinances from Council, and that one of these is to permit him to transfer line item monies within the funds for the various departments. He said that the second ordinance is to reduce by $350,000.00 the appropriations for 2010, and that the third ordinance is to fund necessary items that were not funded in the original appropriations ordinance. Mr. Spetnagel concluded his report by expressing his pride in Matt Howell.

Report of Law Director Eddy:

Mrs. Eddy commented on Item #4 and Item #7, urging that these two items be passed tonight.

AUDIENCE PARTICIPATION

Mr. Doug Ogden of 305 Clayburne Blvd. spoke to Council about the request to remove the 50% surcharge on utility bills of non-city residents. He said that he objects to the decision of the Utilities Committee to not let the full Council vote on this issue. He urged Council to repeal this surcharge.

OLD BUSINESS

Mrs. Patrick discussed the cost allocation study and its impact on the general fund. She said that the Utilities Department will be reimbursed over time for the overcharge in 2010. She also discussed the budget in general terms, and said that the city does need the summer help in the Utilities Department for preventive maintenance.

Mr. Proehl discussed the use of bows and crossbows in city limits. He said that he spoke with Mrs. Primer today, and that the Parks & Recreation Department will be providing a portion of the annex for bow practice. He requested the President of Council to reassign this matter to a committee for legislation.

Mr. Trutschel reminded everyone of the Annual Feast of the Flowering Moon this weekend, and he also urged everyone to attend the memorial service at the Veteran’s Memorial Park.

PETITIONS AND CORRESPONDENCE

The Clerk reported on receipt of a Notice from the Ohio Division of Liquor Control of the transfer of permits from Bill Taylor dba Taylor’s Stag Bar of 400 E. Main Street, first floor, to Taylor Brothers Saloon, LLC, of the same address.

NEW BUSINESS

Mr. Trutschel moved and Mrs. Malone seconded that Council approve Mayor Sulzer’s recent reappointments of Bob Barnhart and Pam Beck to the Parks & Recreation Board. All members present voted “yea” and Pres. Arnold declared the motion adopted. Mr. Trutschel proceeded to discuss the most recent Parks & Recreation Board meeting, where it was discussed the problem of vandalism and vehicles break-ins in the park areas. Mr. Trutschel also said that he has received a new assignment to accept additional donations for park playground equipment, and he said that the city continues to appreciate these generous donations.

Mrs. Ames expressed her thanks to the Ross County Joint Vocational School for its donation of plants. She also noted that tomorrow night there will be a tree planted in memory of Forrest Rice. She stated that there will be a fund-raiser on Sunday, June 6, 2010, for the Adena Mansion. She also stated that there will be the Annual Senior Citizens event on June 18, 2010, at OU-C.

Mr. Proehl thanked Mayor Sulzer for improving the signage on Hickory Street, with the posted speed limit. He urged traffic to be careful for children during this summer.

COUNCIL ASSIGNMENTS AND CALENDER

Pres. Arnold announced the following additional Council Committee Assignments for inclusion in the Journal of Council:

#75-Safety Services-Request to appropriate $32,500.00 for the city’s share of the 10% match for the 2009 Assistance To Firefighters Grant;
#76-Safety Services-Request for legislation to appropriate $28,050.00 for the city’s share of the 2010 Assistance To Firefighters Grant;
#77-Finance- Request for transfer of money appropriated for salaries and fringes between line items within the same fund on an as-needed basis for the remainder of 2010;
#78-Finance-Request to reduce several appropriations determined to be of excessive amounts appropriated;
#79-Finance-Request to appropriate various amounts to departments within the general fund and street construction fund in order to allow these departments to continue operation through 2010;
#80-Parks & Recreation-Request to accept $1,800.00 from various donors for playground maintenance in the Parks & Recreation Department;
#81-Safety Services-Request to appropriate $92,136.94 received and deposited from the city’s insurance company for claims to repair invoices; and
#82-Safety Services-Request for appropriation of $3,219.99 received and deposited from the city’s insurance company for repair of thermal imaging camera.

Pres. Arnold reminded everyone that there will be a meeting of the Safety Services Committee at 4:30 p.m. on May 27th; a meeting of the Finance Committee at 4:30 p.m. on June 2nd; and a meeting of the Special Committee on Council budget cost savings at 4:30 p.m. on June 10th.

READING AND PASSAGE OF LEGISLATION

Ord. No. 47-10 authorizing the Mayor to hire and fill eight part-time utility positions for the summer season of 2010, appropriating $36,740.81 to fund said positions, and declaring an emergency was read for the first time by title only. On final passage, all members present voted “yea” except Mr. Sharp, who voted “Nay” and Pres. Arnold declared Ord. No. 47-10 adopted by a vote of 8-1.

Ord. No. 48-10 providing for the modification of traffic signal timing at the intersection of State Route 159 and a private drive servicing Aldi, Inc., Tractor Supply Co. and Tire Discounters, within the City of Chillicothe was read for the third time by title only. On final passage, all members present voted “Yea” and Pres. Arnold declared Ord. No. 48-10 adopted.

Ord. No. 49-10 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 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. 49-10 adopted by a vote of 8-1.

Ord. No. 50-10 amending Section 353.10 of the Codified Ordinances of the City of Chillicothe was read for the second time by title only. Mr. Proehl 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. 50-10 adopted.

A Resolution authorizing the Mayor to file an application to the State of Ohio to participate in the Small Cities Community Development Block Grant Formula Program, accepting the grant if funded and agreeing to comply with the program requirements, and declaring an emergency was read for the second time by title only.

A Resolution authorizing the Mayor to file an application to the State of Ohio to participate in the Small Cities Community Development Block Grant Neighborhood Revitalization Program, accepting the grant if funded, agreeing to comply with the program requirements, authorizing Michael Secoy and Associates to administer the program, and declaring an emergency was read for the second time by title only.

Ord. No. 51-10 to approve current replacement pages to the Chillicothe Codified Ordinances, and declaring an emergency was read for the second time by title only. Mr. Sharp moved and Mr. Cross 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. 51-10 adopted.

An Ordinance granting Gus Macker, LLC 3-On-3 Basketball Tournament use of certain streets within the City of Chillicothe from Friday, July 16, 2010 through Sunday July 18, 2010, and declaring an emergency was read for the first time by title only.

Mr. Trutschel moved and Mr. Siberell seconded that the meeting be adjourned. All members present voted “yea” and Pres. Arnold declared the motion adopted. Adjourned at 8: 23 p.m.