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City Council Minutes 06-14-2010

Council Chambers
Regular Meeting
June 14, 2010
7:30p.m.

Council met in regular session with the following eight members present: Ames, Cross, Lester, Patrick, Proehl, Sharp, Siberell and Trutschel. (Mrs. Malone absent.) There were 3 media representatives and 12 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 Evangelist Daniel DeGarmo, the Church in Chillicothe, 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 24, 2010, the Minutes of the Special Meeting of June 1, 2010, and the Minutes of the Special Meeting of June 3, 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 grant Gus Macker, LLC 3-On-3 Basketball Tournament use of certain streets within the city, on tonight’s Agenda for its second reading. Mr. Trutschel reported on Item #4 to accept and appropriate $1,800.00 received from various donors for playground equipment maintenance and repair, on tonight’s Agenda for its first reading.


Development Committee:

Mrs. Ames reported on Item #1 to authorize an application to participate in the Small Cities Community Development Block Grant Formula Program, on tonight’s Agenda for its third reading. Mrs. Ames reported on Item #2 to authorize an application to participate in the Small Cities Community Development Block Grant Neighborhood Revitalization Program, on tonight’s Agenda for its third reading.


Finance Committee:

Mr. Siberell reported on Item #5 to allow the City Auditor to transfer appropriated dollars between salaries and fringes within funds, on tonight’s Agenda for its first reading. Mr. Siberell moved to amend Item #5 by changing the wording in the title and in Section 1, but the motion was withdrawn. Mr. Siberell reported on Item #6 to appropriate $851,804.00 from unappropriated general funds and $65,575.00 from unappropriated street construction funds to be used for operating costs within various departments for the remainder of 2010, on tonight’s Agenda for its first reading. Mr. Siberell moved and Mrs. Patrick seconded that Item #6 not be read tonight. All members present voted “yea” and Pres. Arnold declared the motion adopted. Mr. Siberell reported on Item #7 to appropriate $350,000.00 from various accounts into the general fund and to appropriate $9,500.00 from various accounts into the Parks & Recreation Capital Fund, on tonight’s Agenda for its first reading. Mr. Siberell moved and Mrs. Patrick seconded that Item #7 not be read tonight. All members present voted “yea” and Pres. Arnold declared the motion adopted.


Utilities Committee:

Mrs. Patrick reported that the Water Rate Review Committee met on June 9, 2010, and voted not to increase utility rates this year.

REPORTS OF OFFICIALS


Report of Mayor Sulzer:

Mayor Sulzer commented on Item #1 and Item #2, urging that both these items be passed tonight. He said that he continues to meet on a daily basis with City Auditor Spetnagel concerning the budget, and that they are trying to control overtime. He said that there will be no summer help this year, and that citizens have already noticed that the garbage is not being picked up in the parks on weekends. He said that the City Swimming Pool is still not in any condition to be opened up. Mayor Sulzer indicated that ODOT opened the bids on the resurfacing of Western Avenue, and that these bids exceeded the estimates. As a result, he said that the city will need to appropriate an additional $11,000.00 plus to go forward this year with this project. He said that the recent heavy rains caused a landslide at the pedestrian bridge. He also said that the donations for the 4th of July fireworks display are running about $10,000.00 short, and that it may be necessary to have a smaller display if that is possible. Mayor Sulzer requested that Council have a review session soon so that the Police Department can bring down its new tactical vehicle, and also to permit the Chillicothe Transit System to bring over one of its new buses. Mayor Sulzer concluded his report by discussing the situation of the flooding at Sherman Road and along the Worthington Run area, stating that the city is trying to get it dredged and to address these problems.


Report of Auditor Spetnagel:

Mr. Spetnagel discussed the ordinance before Council to make adjustments to funds. He discussed the other two ordinances to change funding, stating that some of the city’s revenue funds are just not where they need to be. He said that this is why he has asked that the ordinances not be read tonight. He also discussed the overtime situation, referring to a report that he distributed tonight. Mr. Spetnagel concluded his report by indicating that he has just completed the Comprehensive Annual Financial Report, and also the Annual Tax Budget which will come before Council.


Report of Law Director Eddy:

Mrs. Eddy commented on Item #5, stating that she has discussed the proposed amendment with Mr. Siberell. She also stated that Council needs to pass a resolution concerning the fact that there will be no increase in the utility rates this year.


Mr. Siberell moved and Mrs. Lester seconded that Item #5 be amended, in the title thereof and in Section 1 thereof, by striking the words “between salaries and fringes within funds” and replacing these words with the words “for salaries and fringes between line items within the same fund”. All members present voted “yea” and Pres. Arnold declared the motion adopted.

AUDIENCE PARTICIPATION


Linda Minney of 824 Woodhill Drive spoke about the flood problems from the Worthington Run, stating that this is an ongoing problem. She said that the recent work done by city crews actually made it worse, and that something needs to be done. She said that the dam put in by the city crews needs to be removed.

M. Cunningham of 676 Sherman Road also complained about the flooding caused by Worthington Run, and said that she wants to know what is the plan to correct this and when will something be done about it.

William Barnhart of 373 McKeller spoke in opposition to the location of strip clubs in Chillicothe.

OLD BUSINESS

Mr. Trutschel commented on the water main break on Plyley’s Lane, stating that there are plans to replace this water line in the future but that this will not be in the near future.

Mrs. Ames discussed the problem of the flooding at Sherman Road, and discussed the things that have been tried in the past to correct this problem. She said that this is not a dam that was put in by the city crew, but it is a catchment. She said that this is a very frustrating problem that defies a solution.

PETITIONS AND CORRESPONDENCE


The Clerk reported on receipt of a Notice from the Ohio Division of Liquor Control of the transfer of permits from the Homer O. Fry Estate, Joyce E. Fry, Executor, dba Renicks Family Restaurant, 45-47 S. Paint Street, first floor only, to Lake Fry, dba Renick’s Family Restaurant of the same address.

NEW BUSINESS


Mrs. Ames announced that on Wednesday there will be fishing with Ronald McDonald in the City Park from 5:30 p.m. to 7:30 p.m. She also stated that she has organized civic groups to help the city with the parks during the budget crunch.

Mrs. Patrick moved and Mrs. Lester seconded that Council excuse the absence of Mrs. Malone. 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:

#83-Safety Services-Request for legislation to grant Director of Public Service and Chillicothe Police to have jurisdiction for protection and enforcement of real estate used by the city outside of the municipal corporation;
#84-Development-Request for legislation to apply for funding through ODOT for the Transit Department; and
#85-Safety Services-Request for legislation to apply for $2,000.00 in grant funds through the David Meade Massie Trust for domestic violence information booklets.

READING AND PASSAGE OF LEGISLATION


Res. No. 7-10 authorizing the Mayor to file an application to the State of Ohio to participate in the Small Cities Community Development Block Grant Formula Grant Program, accepting the grant if funded and agreeing to comply with the program requirements, 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 Res. No. 7-10 adopted.

Res. No. 8-10 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 third time by title only. On final passage, all members present voted “yea” and Pres. Arnold declared Res. No. 8-10 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 second time by title only.

An Ordinance accepting and appropriating $1,000.00 received from TOSRV, $500.00 received from Evening Lions, $200.00 received from Wayne Holland, and $100.00 received from Phil Butcher for playground equipment maintenance and repair, and declaring an emergency was read for the first time by title only.

Ord. No. 54-10 allowing the City Auditor to transfer appropriated dollars for salary and fringes between line items within the same fund only if needed on an emergency basis for the remainder of the year 2010, and declaring an emergency was read for the first time by title only. Mr. Siberell 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 Ord. No.#54-10 adopted.

Mrs. Lester moved and Mr. Siberell seconded that the meeting be adjourned. All members present voted “yea” and Pres. Arnold declared the motion adopted. Adjourned at 8:20 p.m.