Council Chambers
Regular Meeting
June 28, 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 26 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 Father Rick Terry, Chillicothe Anglican Fellowship, followed by the Pledge of Allegiance to the Flag.
Mrs. Lester moved and Mr. Siberell seconded that the Minutes of the regular meeting of June 14, 2010, and the Minutes of the Review Session of June 21, 2010, be accepted and approved, as submitted by the Clerk. All members present voted “yea” and Pres. Arnold declared the motion adopted.
COMMITTEE REPORTS
Safety Services Committee:
Mr. Proehl reported on Item #6 to authorize the Law Director to apply for a $2,000.00 grant through the David Meade Massie Trust for printing domestic violence information booklets, on tonight’s Agenda for its first reading. He said that he will seek to pass this item tonight. Mr. Proehl reported on Item #7 to create Section 121.13 of the Codified Ordinances, on tonight’s Agenda for its first reading.
Development Committee:
Mrs. Ames reported on Item #12 to authorize the Chillicothe Transit System to participate in the ODOT Cooperative Purchasing Program for purchase of machinery, materials, supplies, or other articles on tonight’s Agenda for its first reading. Mrs. Ames reported on Item #13 to authorize the filing of an application with ODOT for grants through the U.S. Department of Transportation Federal Transit Administration, on tonight’s Agenda for its first reading.
Human Resources Committee:
Mr. Cross reported on Item #11 to appropriate $7,205.00 for payment to members of the International Association of Firefighters, on tonight’s Agenda for its first reading.
Engineering Committee:
Mrs. Malone reported on Item #8 to appropriate $68,331.00 as the city’s share of costs to realign Nancy Wilson Way and North Plaza Blvd., on tonight’s Agenda for its first reading. She requested that this matter be assigned for discussion at a review session on Tuesday, July 6, 2010, at 6:30 p.m., to answer questions about the project. Mrs. Malone reported on Item #10 to transfer and appropriate $12,000.00 as the city’s share of additional costs to resurface U.S. Rt. 50, on tonight’s Agenda for its first reading. Mrs. Malone moved and Mrs. Patrick seconded that Item #10 be amended by substituting the new version distributed tonight for the original version. All members present voted “yea” and Pres. Arnold declared the motion adopted.
Utilities Committee:
Mrs. Patrick reported on Item #5 to adopt the recommendation of the Utility Rate Review Committee as it pertains to water and sewer rates, on tonight’s Agenda for its first reading. She said that she will seek to pass this item tonight. Mrs. Patrick reported on Item #14 to amend Section 1 of Ord. No. 44-10, on tonight’s Agenda for its first reading. She said that she will seek to pass this item tonight. Mrs. Patrick moved and Mrs. Malone seconded that the three day receipt rule be suspended, and that there be placed on tonight’s Agenda an ordinance amending Section 1 of Ord. No. 47-10, and declaring an emergency. All members present voted “yea” and Pres. Arnold declared the rule suspended, designating this particular item as Item #15 on tonight’s Agenda for its first reading.
Finance Committee:
Mr. Siberell reported on Item #3 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. Malone seconded that Item #3 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. Mr. Siberell reported on Item #4 to appropriate $350,000.00 from various accounts into the general fund and appropriating $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. Lester seconded that Item #4 be amended by substituting the new version distributed tonight for the original version. All members present voted “yea” and Pres. Arnold declared the motion adopted. Mr. Siberell indicated that the meeting of the Finance Committee will be rescheduled.
Parks & Recreation Committee:
Mr. Trutschel reported on Item #1 to grant Gus Macker LLC 3-On-3 Basketball Tournament use of certain streets within the city, on tonight’s Agenda for its third reading. Mr. Trutschel reported on Item #2 to accept and appropriate $1,800.00 received from various donors for playground equipment maintenance and repair, on tonight’s Agenda for its second reading. He said that he will seek to pass this item tonight. Mr. Trutschel reported on Item #9 to appropriate $5,000.00 to repair the pump motor at the Donald M. Smith Memorial Pool, 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 commented on Item #3 and Item #4, indicating that the Service Department has said that its electric bill is way past due on traffic signalization. Mayor Sulzer commented on Item #8, stating that he joins in asking for a review session. However, he said that perhaps this could be rescheduled to this coming Thursday evening to permit him and City Engineer Tom Day to both attend. Mayor Sulzer urged passage of Item #9 tonight, indicating that the pool motor has already been repaired. He commented on Item #10, stating that according to ODOT, the bids were considerably higher than estimated, and that if the project were re-bid, this would probably delay the project and yet the bids would be no lower due to the increase in asphalt costs. Mayor Sulzer concluded his report by commenting on the fireworks display, stating that the city is still about $6,500.00 short in the donations. He said that the display will go forward on Sunday, July 4, 2010, at 10:00 p.m.
Report of Auditor Spetnagel:
Mr. Spetnagel said that he has distributed copies of the CAFR report for 2009. He said that he has scheduled a Public Hearing on the tax budget for Monday, July 12, 2010, at 7:00 p.m. He said that the city cannot just stop paying its bills, and that is why the $851,804.00 is being appropriated tonight. He said that this is based upon estimates of future revenues. He commented on Item #11, the refund to the IAFF members, stating that they were promised a Section 125 health plan. He said that this refund covers the time from when this was promised until when it was put in place.
Report of Law Director Eddy:
Mrs. Eddy commented on Item #7, stating that this will allow the Police Department to have jurisdiction over city property located outside the city limits. She said that Item #6 is a request from her office for this grant authority to create information booklets for victims of domestic violence.
Report of Pres. Arnold:
Pres. Arnold announced that he has scheduled a Town Hall Meeting for Thursday, July 15, 2010, at 7:00 p.m., at the Ross County Service Center.
AUDIENCE PARTICIPATION
William Barnhart of 373 McKeller Street spoke to Council about the budget. He suggested that there be a 10% pay cut to all city employees, and that the 3% raise granted to the unions not take place.
OLD BUSINESS
Mrs. Ames commented on the review session of last week, reviewing who spoke at the meeting and what was discussed.
Mrs. Patrick reminded residents that the city is on its summer schedule for trash pickup. She also asked Auditor Spetnagel if the city has the money to pay for the swimming pool pump out of the general fund. Mr. Spetnagel responded, stating that if both Item #3 and Item #4 both pass tonight, the money will be there. Mrs. Patrick responded, stating that her concern is that Council is not seeing any cuts. Mr. Spetnagel responded, stating that he feels he has already made a significant cut in his office by not filling the position of Office Manager.
Mr. Siberell inquired about the $14,000.00 that is being returned to the city pool. He asked if this money cannot cover the expense of the pump repair. Mayor Sulzer responded, stating that these funds are for operating expenses, and that the pool pump is a capital item. Mr. Siberell said that he thinks that the replacement of a pump motor is an operating expense, and that he would prefer to not see the three reading rule be waived until this question is cleared up.
NEW BUSINESS
Mrs. Malone thanked the three paramedics who responded from Fire Station #3 to her family’s recent medical emergency. Also, she said that people who walk the Floodwall have expressed concerns about bicyclists not announcing their presence upon approaching.
Mrs. Patrick thanked Auditor Spetnagel for the CAFR reports. She inquired about the State Audit. Mr. Spetnagel responded, stating that this is covered in the report.
Mrs. Ames thanked the Chillicothe High School National Honor Society for their help in clean-up of the park.
Mr. Sharp said that he will abstain from voting on Item #14 due to pending litigation.
COUNCIL ASSIGNMENTS AND CALENDAR
Pres. Arnold announced the following additional Council Committee Assignments for inclusion in the Journal:
#86-Finance-Request for legislation adopting the tax budget for the fiscal year beginning
January 1, 2011;
#87-Safety Services-Request for legislation appropriating $260,000.00 received as a grant from the federal government to purchase equipment for a multi- agency communication system within the Fire Department;
#88-Utilities-Request for legislation to reflect the decision of the Water Rate Review Board not to increase the water/sewer rates for 2010;
#89-Engineering-Request for legislation to appropriate an additional $12,000.00 for the City’s share of the resurfacing of Western Avenue;
#90-Parks & Recreation-Request for legislation for appropriating $5,000.00 for rehabilitation of a motor for pump operation at the city pool;
#91-Utilities-Request for legislation to appropriate an additional $4,000.00 for additional summer help in the Utilities Department;
#92-Safety Services-Request for legislation to amend the ordinance banning discharge of fire arms in the city limits to include long bows and cross-bows;
#93-Finance-Request for ordinance accepting and appropriating $1,517.20 received from B & C Communication as a refund;
#94-Finance-Request for legislation to renew a $1,400,000.00 bond anticipation note set to mature on August 27, 2010; and
#95-Parks & Recreation-Request for legislation to approve an addition to a building in Mary Lou Patton Park by the Scioto Valley Youth League.
Pres. Arnold announced that there will be a review session this coming Thursday, July 1, 2010, at 6:30 p.m., here in Council Chambers, for the purpose of discussing Item #8.
READING AND PASSAGE OF LEGISLATION
Ord. No. 55-10 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 third time by title only. On final passage, all members present voted “yea” and Pres. Arnold declared Ord. No. 55-10 adopted.
Ord. No. 56-10 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 Butchers for playground equipment maintenance and repair, and declaring an emergency was read for the second time by title only. Mr. Trutschel moved and Mrs. Malone 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. 56-10 adopted.
Ord. No. 57-10 appropriating $851,804.00 from unappropriated general funds to be used for operating costs within various departments for the remainder of 2010, and declaring an emergency was read for the first 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. 57-10 adopted.
Ord. No. 58-10 reducing $625,000.00 from various accounts into the general fund and reducing $9,500.00 from various accounts into the Parks & Recreation Capital Fund, 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. 58-10 adopted.
Res. No. 9-10 adopting the recommendation of the Utility Rate Review Committee as it pertains to water and sewer rates and declaring an emergency was read for the first time by title only. Mrs. Patrick moved and Mrs. Malone 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. 9-10 adopted.
Res. No. 10-10 authorizing the Law Director to apply for, and accept if awarded, a grant in the amount of $2,000.00 through the David Meade Massie Trust to be used for printing domestic violence information booklets, and declaring an emergency was read for the first 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 Res. No. 10-10 adopted.
An Ordinance creating Section 121.13 of the Codified Ordinances of the City of Chillicothe was read for the first time by title only.
An Ordinance appropriating $68,331.00 as the city’s share of costs to realign Nancy Wilson Way and North Plaza Blvd., and declaring an emergency was read for the first time by title only.
An Ordinance appropriating $5,000.00 to repair the pump motor at the Donald M. Smith Memorial Pool 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. Upon the call of the roll, the following members voted “yea”: Ames, Cross, Lester and Trutschel. The following members voted “nay”: Malone, Patrick, Proehl, Sharp and Siberell. Pres. Arnold declared the motion to have failed.
An Ordinance transferring and appropriating $12,000.00 as the city’s share of additional costs to resurface U.S. Rt. 50 (Western Avenue), and declaring an emergency was read for the first time by title only.
An Ordinance appropriating $7,205.00 for payment to members of the International Association of Firefighters (IAFF) to comply with terms of the Memorandum of Understanding (MOU) entered into between the city and the IAFF on April 22, 2010, and declaring an emergency was read for the first time by title only.
A Resolution authorizing the Chillicothe Transit System/City of Chillicothe to participate in the ODOT Cooperative Purchasing Program, CY 2010, for the purchase of machinery, materials, supplies, or other articles, and declaring an emergency was read for the first time by title only.
A Resolution authorizing the filing of an application with the Ohio Department of Transportation for grants through the United States Department of Transportation Federal Transit Administration (FTA), as authorized under federal transit laws, as codified, 49 USC Section 5311, Financial Assistance for Other Than Urbanized Areas and Funds Available From the Ohio Public Transportation Grant Program and Ohio Elderly and Disabled Transit Fare Assistance Program and executing a contract with the Ohio Department of Transportation upon grant application approval, and declaring an emergency was read for the first time by title only.
Ord. No. 59-10 amending Section 1 of Ord. No. 44-10, and declaring an emergency was read for the first time by title only. Mrs. Patrick moved and Mrs. Malone seconded that the three reading rule be suspended, placing this item on final passage. All members present voted “yea” except Mr. Sharp, who abstained, and Pres. Arnold declared the rule suspended. All members present then voted “yea” on the item itself, except Mr. Sharp, who abstained, and Pres. Arnold declared Ord. No. 59-10 adopted by a vote of 8-0.
An Ordinance amending Section 1 of Ord. No. 47-10, and declaring an emergency was read for the first time by title only.
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: 30 p.m.