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City Council Minutes 10-26-2009

Council Chambers
Regular Meeting
October 26, 2009
7:30 p.m.

 

Council met in regular session with all nine members present:  Ames, Bonner, Cross, Henderson, Lester, Malone, Patrick, Proehl and Trutschel.  There were 3 media representatives and 32 other visitors present, in addition to Mayor Sulzer, City Law Director Eddy, and City Auditor Morrissey.  The meeting was broadcast live by Time Warner Cable and by Horizonview.

The invocation was given by Rev. John Burris, Chillicothe Baptist Church, followed by the Pledge of Allegiance to the Flag.

Mrs. Lester moved and Mrs. Malone seconded that the Minutes of the regular meeting of October 12, 2009, be accepted and approved, as submitted by the Clerk.

COMMITTEE REPORTS

Utilities Committee:

Mrs. Patrick reported on Item #1 to direct the advertisement for bids for the purchase of a dump truck and to appropriate $99,888.00, on tonight’s Agenda for its third reading. 

Parks & Recreation Committee:

Mr. Trutschel reported on Item #2 to authorize an application for a grant through the Junior Civic League Christmas Tree Gala for $5,000.00 on tonight’s Agenda for its second reading.  He said that he will seek to pass this item tonight.  Mr. Trutschel reported on Item #5 to authorize the establishment of a joint recreation board with the Ross County Commissioners to operate the Donald Coppel Soccer Complex, on tonight’s Agenda for its first reading.  He also indicated that there will be a dedication ceremony for the new bike path bridge on North High Street on Friday, November 13, 2009. 

Engineering Committee:

Mrs. Malone reported on Item #4 to authorize an application for Issue II grant funds for street construction, on tonight’s Agenda for its first reading.  She said that she will seek to pass this item tonight.  Mrs. Malone reported on Item #6 to consent to the Ohio Department of Transportation proposal to resurface a portion of U.S. 50 within the City of Chillicothe, on tonight’s Agenda for its first reading. 

Human Resources Committee:

Mr. Bonner reported on Item #3 to amend Section 3 of Ord. No. 52-09, on tonight’s Agenda for its second reading. 

Finance Committee:

Mrs. Henderson reported Council Committee Assignment #337 out of committee with no action to be taken by Council, stating that this pertained to a fence for Fire Station #3.  She indicated that Council Committee Assignment #368 is still under study, which requests funds for mowing and cutting of trees and shrubs.  She said that Council Committee Assignment #370 is also still under study, pertaining to a request for costs for the Neenah Garden Sewer Plan Engineering Study.  She said that with respect to the resolution that was requested from Council at the last regular meeting, concerning the Carlisle Building, she had looked into this and discussed it with the City Law Director and Mayor Sulzer.  She said that she could not bring in their resolution tonight.  However, she said that she is prepared to request a verbal resolution by Council tonight.  Mrs. Henderson moved and Mrs. Malone seconded that Council make a resolution that Chillicothe City Council will cooperate with community organizations and the owners of the Carlisle Tower/Howson Building to help promote the preservation and restoration of the southeast corner of Paint and Main Streets, as a significant landmark of our community.  Mrs. Henderson requested that there be discussion on this resolution prior to a vote.  Mr. Bonner said that we as a council need to sit down with concerned citizens concerning the future of the Carlisle Building.  Mrs. Lester said that she agrees with this.  Mr. Proehl asked if this resolution by Council tonight will protect the eligibility for state tax credits.  Mrs. Henderson indicated that the focus of the city’s interest is to use these buildings for the administrative officers of the city.  She said that the Chillicothe Municipal Court has already selected another building for its future.  Mrs. Malone agreed that we need a resolution to cooperate with the Carlisle/Howson Building owners.  Mrs. Henderson said that consideration must also be given to the other buildings that will be vacated, and what to do with them.  Mr. Trutschel said that in the future we will need to have a public hearing on this subject.  Mrs. Henderson called the question, and all members present voted “yea” in favor of passage of the resolution. 

REPORTS OF OFFICIALS

Report of Mayor Sulzer:

Mayor Sulzer commented on Item #4, stating that the city is seeking a grant for $330,000.00 for street construction.  He commented on Item #5, stating that the City Recreation Board and the County Recreation Board have both been working on this project for about one year.  Mayor Sulzer commented on Item #6, stating that ODOT has this repaving of U.S. R. 50 on its schedule for the summer of 2010.  He said that leaf collection began in the city today, and he also confirmed that there will be a dedication ceremony for the North High Street Bike Path Bridge on Friday, November 13, 2009, at 1:00 p.m.  He indicated that there will be a city sponsored blood drive on Monday, November 2, 2009.  Mayor Sulzer concluded his report by indicating that four auxiliary police officers were sworn in this afternoon, stating that they will be available for the Halloween Parade on Saturday evening. 

Report of City Auditor Morrissey:

Mr. Morrissey indicated that he passed out reports showing the overtime for the Police and Fire Departments, and also a report concerning the salaries for the Chillicothe Transit System. 

Report of City Law Director Eddy:

Mrs. Eddy provided a report of the collections completed this year by her office on the city income tax and also on the city utilities charges.

AUDIENCE PARTICIPATION

William Loucks of 357 Shannon Drive raised a number of questions about the Redflex traffic cameras.  He then also questioned the city’s attempt to put new water lines in out by the hospital, the city’s renewal of the Fourth Street parking lot, and the city’s billing of landlords for tenants’ water bills.  He also questioned City Council’s action in passing the new deer legislation.  He said that he plans to exercise his right to vote on the red light cameras. 

Carolyn Shafer of 177 E. Fourth Street spoke against the red light cameras, again stating that the city is suffering from a poor economy and that this does damage to the city’s economy. 

Rhonda Jacobs of 800 E. Main Street spoke against the red light cameras, and urged the citizens to vote “yes” as being against the red light cameras. 

Elsa Glandon of 101 S. Watt Street said that she supports the Carlisle Building, and that City Council should also support its restoration.  She thanked the Council for voting in favor of the resolution tonight. 

Bart Henshaw of 5324 Egypt Pike talked about a number of matters, and particularly the recent downtown Ghost Walk.  She spoke of the need for economic development, and discussed the Carlisle Building, the use of other buildings, and the transition of older buildings into something wonderful, such as the Pump House Center for the Arts. 

Janet Griffith of 603 Commanche Road spoke about tonight’s Council resolution, and whether it secures the grants that were coming in.  Mrs. Henderson responded, stating that this provides a resolution of Council’s intent to cooperate. 

Dave Dewickly from Columbus, Ohio spoke about the Carlisle Building, stating that he is one of the owners of Carlisle Tower, LLC.  He said that he appreciates the resolution passed tonight by Council, but he said that they need a resolution with specificity as to the actual intent to use the Carlisle Building for a public use.  He said that merely a plan to have a plan is not sufficient.

Ora Evans of 51 Mead Drive stated that a petition was started yesterday to request that Chillicothe City Council enter into a group to discuss the preservation of the Carlisle Building. 

Franklin Conaway of 86 S. Paint Street said that it is crucial that City Council pass a resolution to enter into a discussion to come up with an implementation plan. 

William Barnhart of 373 McKeller Street asked about an ordinance to ban cell phone use while driving, and where it stands.  He said that Council should think hard about this. 

Joe Sharp of 559 N. High Street said that he appreciates the commitment and sacrifice of the Council members, but he said that he thinks that we need a change of attitude and stronger leadership. 

Scott Waters of 798 Cliffside Drive spoke against the red light cameras. 

Linda Wilson of 728 Fourth Street spoke about the homelessness problem in Chillicothe, and requested City Council’s support and help. 

Keith Richter of 343 E. Water Street spoke about the Carlisle Building and the original community grant money that they received from the city. 

OLD BUSINESS

Mrs. Henderson said that Mayor Sulzer has had nearly quarterly meetings with the owners of the Carlisle Building over the past six years, and that he is fully up to date on the issues presented by this problem. 

Mayor Sulzer commented on the red light cameras, discussing the history of the legislation to set up these cameras.  He then discussed the issue that appears on the November 3, 2009, ballot, stating that we have followed the law and that this ballot issue is anti-law enforcement.  He urged a no vote on this issue. 

PETITIONS AND CORRESPONDENCE


The Clerk reported on receipt of a Notice from the Ohio Division of Liquor Control of the transfer of permits from Bijou Associates LLC dba Mona Lisa Café, 35 N. Paint Street, first floor, to Bijou Associates, LLC dba The Thirsty Fox, of the same address.  The Clerk also confirmed that he attended a House Bill 9 training session on open meetings and open records sponsored by the Ohio Attorney General’s Office on October 20, 2009, at OU-C.  He stated that he attended this training session as the designee of Pres. Shoultz and all nine current members of Chillicothe City Council.  He indicated that there really have been no significant changes in the law since the last training session was held at the new Armory. 

NEW BUSINESS

Mrs. Malone requested the downtown business owners and property owners to please keep the leaves cleaned up in front of their properties. 

COUNCIL ASSIGNMENTS AND CALENDAR

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

 #374-Finance-Appropriate funding for transit projects through American Recovery and
 Reinvestment Act of 2009;
 #375-Engineering- Authorize Administration to apply for Issue II funding for 2010 street
 and alley improvement program;
 #376-Finance-Appropriate $33,089.73 to Police Pension Fund;
 #377-Human Resources-Amend Ord. #3-08 per grant funding;
 #378-Finance-Approprate $1,023,660.00 for transit ($73,660.00 for computer software
 and $950,000.00 to purchase busses);
 #379-Safety Services-Amend Ord. banning discharge of firearms in city to include long
 bows and cross bows;
 #380-City Services-Authorize “no parking signs” to be placed on south side of Neil Ave.
 between Maple and Sugar Streets;  and
 #381-Finance-Appropriate funds for jail prisoner expense and funds for new police
 officer uniforms and capital funds for a new officer’s duty weapon.

READING AND PASSAGE OF LEGISLATION


Ord. No. 130-09 directing the Safety Service Director to advertise and take competitive bids for the purchase of a dump truck, authorizing the Mayor and the Safety Service Director to enter into a contract to purchase a dump truck, appropriating $99,888.00 toward said purchase, and declaring an emergency was read for the third time by title only.  On final passage, all members present voted “yea” and Pres. Shoultz declared Ord. No. 130-09 adopted.

Ord. No. 131-09 authorizing the Mayor to file an application for a grant through the Junior Civic League Christmas Tree Gala for $5,000.00 to accept said grant if awarded, and declaring an emergency was read for the second 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. Shoultz declared the rule suspended.  All members present then voted “yea” on the item itself, and Pres. Shoultz declared Ord. No. 131-09 adopted.

An Ordinance amending Section 3 of Ord. No. 52-09, and declaring an emergency was read for the second time by title only. 

Res. No. 25-09 authorizing the appropriate city officials to apply for Issue II grant funds for the year 2010 to be used for street construction, to accept grant funds, if awarded, and declaring an emergency was read for the first time by title only.  Mrs. Malone moved and Mrs. Patrick seconded that the three reading rule be suspended, placing this item on final passage.  All members present voted “yea” and Pres. Shoultz declared the rule suspended.  All members present then voted “yea” on the item itself, and Pres. Shoultz declared Res. No. 25-09 adopted.

A Resolution authorizing the city to establish a joint recreation board with the Ross County Commissioners to operate and maintain the Donald F. Coppel Soccer Complex, and declaring an emergency was read for the first time by title only.

An Ordinance consenting to the proposal submitted by the Ohio Department of Transportation to resurface a portion of U.S.50 beginning at the Chillicothe west corporation limit east to S.R.104, authorizing the City Engineer to enter into contracts to complete said project, and declaring an emergency was read for the first time by title only. 

Mrs. Ames moved and Mrs. Malone seconded that the meeting be adjourned.  All members present voted “yea” and Pres. Shoultz declared the motion adopted.  Adjourned at 8:55 p.m.