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Minutes For Chillicothe Ohio City Council Meeting 06-29-2009
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Council Chambers
Regular Meeting
June 29, 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 19 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. Chuck Case, First United Methodist 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 June 8, 2009;  the Minutes of the special meeting of June 15, 2009;  and the Minutes of the review session of June 15, 2009, be accepted and approved, as submitted by the Clerk.  All members present voted “yea” and Pres. Pro Tem Trutschel declared the motion adopted.

COMMITTEE REPORTS

Engineering Committee:
Mrs. Malone reported on Item #5 to amend Section 351.99 of the Revised Ordinances, on tonight’s Agenda for its second reading.  Mrs. Malone reported on Item #10 to authorize a street light at the alley between Hickory Street and Knoles Avenue, on tonight’s Agenda for its first reading.  Mrs. Malone reported on Item #11 to authorize an amendment to the Release and Indemnification Agreement with Speedway Superamerica, on tonight’s Agenda for its first reading.  She indicated that she will seek to pass this item tonight.

Development Committee:
Mrs. Ames reported on Item #5 to appropriate $196,600.00 of grant funds received by the Law Director’s Office, on tonight’s Agenda for its third reading.  Mrs. Ames reported on Item #9 to accept a $750.00 reimbursement of unused CHIP funds, on tonight’s Agenda for its first reading. 

Finance Committee:
Mrs. Henderson reported on Item #1 to authorize not to exceed two million one hundred thousand dollars in Municipal Court improvement bonds, on tonight’s Agenda for its third reading.  Mrs. Henderson reported on Item #2 to authorize the purchase of 89-95 E. Main Street for one million one hundred fifty thousand dollars to relocate the Chillicothe Municipal Court, on tonight’s Agenda for its third reading.  Mrs. Henderson reported on Item #7 to adopt the budget for the City of Chillicothe for the calendar year beginning January 1, 2010, on tonight’s Agenda for its second reading. 

Human Resources Committee:
Mr. Bonner reported on Item #6 to create a part-time clerk position within the Law Director’s Office, on tonight’s Agenda for its second reading. 

Parks & Recreation Committee:
Mr. Trutschel reported on Item #3 to grant Gus Macker 3-On-3 Basketball Tournament the use of certain streets and facilities, on tonight’s Agenda for its third reading.  Mr. Trutschel moved and Mrs. Ames seconded that Item #3 be amended, in Section 1, paragraph 2, by changing it to read “from 8:00 a.m. to 5:00 p.m.,”, instead of “8:00 a.m.”;  and in Section 1, paragraph 3, by changing it to read “from 12:00 noon to 5:00 p.m.” instead of “12:00 noon”.  All members present voted “yea” and Pres. Pro Tem Trutschel declared the motion adopted.

REPORTS OF OFFICIALS

Report of Mayor Sulzer:
Mayor Sulzer said that the city will be looking at a renovation of the two city parking lots in the downtown area.  He also said that the downtown poles will be painted.  He reported that the Ohio Attorney General has announced funding for the DARE Program, and that the Chillicothe Police Department will soon be using bike patrols.  He also indicated that the Chillicothe Fire Department will soon be getting a new squad unit.  He reported that about $500,000.00 in downtown revitalization is underway, and also commented on the south end rehabilitation funding.  Mayor Sulzer commented on Item #1 and Item #2, providing a history of the search for new housing for both the city administrative offices and the Chillicothe Municipal Court.  He commented on the Carlisle Building, stating that he is recommending a purchase of that building for administrative offices and permanent Council facilities.  However, he said that we must have a dedicated stream of revenue, so he is suggesting that an issue be placed before the voters in November to increase the city income taxes by one tenth of a percent.  He concluded his report by urging passage of both Item #1 and Item #2 tonight.

Report of Auditor Morrissey:
Mr. Morrissey commented on the language contained in Item #1, stating that this was prepared by the city’s bond counsel.  He said that the Redflex petitions were filed today with the Ross County Board of Elections.  He indicated that he has distributed the Police and Fire Department overtime reports. 

Report of Law Director Eddy:
Mrs. Eddy commented on both Item #1 and Item #2, stating that the Chillicothe Municipal Court is in need of new facilities.  She offered a suggestion for another amendment to Item #3, stating that the term “Gus Macker” in the title of this ordinance, and in the first whereas clause, and also in Section 1, should be changed to read “Macker Basketball”.  She also urged passage of Item #4.  Mrs. Eddy then discussed the Ohio Supreme Court case of Lima vs. State, stating that this affects the home rule right to require employees to be residents of a city.  She urged Council to adopt an ordinance that will comply with state law. 

AUDIENCE PARTICIPATION

Judge John Street of the Chillicothe Municipal Court, 26 S. Paint Street
spoke in support of passage of both Item #1 and Item #2.  He reviewed the Court’s history of looking for a new building, stating that this is not a new request. 

Tammy Ealanardo of 137 Church Street
spoke to Council, thanking the members for attending the two town meetings sponsored by the League of Women Voters.  She commented on Mayor Sulzer’s suggestion for purchase of the Carlisle Building.  Also, she commented on the announcement for a new nuclear facility at Piketon.  She said that we need to showcase our community to attract new businesses and residents.  She also urged more city action toward adoption of the Hyatt Palma recommendations. 

Bob Evans of 6633 St. Rt. 159
thanked everyone for all of the open discussions that have taken place on the issue of the purchase of the building for the Chillicothe Municipal Court. 

Joe Herlihy of 314 Fairway Avenue
said that he does not feel that this is the appropriate time to purchase the former AEP building by the city.  He said that the Hyatt Palma study is the master plan for the downtown area of the city and that it is the component that makes the purchase of the Carlisle building the priority for the city. 

OLD BUSINESS

Mrs. Malone commented on all of the input that she has received on the issue of the purchase of the former AEP building, and said that the overwhelming restraint is to not act in haste.  Mrs. Malone moved and Mrs. Patrick seconded that Item #1 be committed.  Upon the call of the roll, the following members voted “yea”:  Bonner, Cross, Lester, Malone, Patrick and Proehl.  The following members voted “nay”:  Ames, Henderson and Trutschel.  Pres. Pro Tem Trutschel declared the motion adopted.  Mrs. Malone moved and Mrs. Lester seconded that Item #2 be committed.  Upon the call of the roll, the following members voted “yea”:  Bonner, Cross, Lester, Malone, Patrick and Proehl.  The following members voted “nay”:  Ames, Henderson, and Trutschel.  Pres. Pro Tem Trutschel declared the motion adopted.

Mrs. Patrick commented on the commitment of Item #1 and Item #2, stating that Council is being asked to make a huge decision. 

Mr. Bonner said that the courts have been looking at this issue for about 19 years, but he said that they only gave Council their letter choosing the former AEP building three days ago. 

Mrs. Ames said that the Hyatt Palma study is not a master plan.  She said that she thinks that putting the Carlisle building purchase issue on the ballot is a good idea.  However, she said that she thinks that the judges have studied this issue and that they know what their needs are, and that she is not sure that more time will help. 

Mrs. Henderson said that we have just lost an opportunity to have a good facility for the Municipal Courts, without raising taxes.  She said that she is very disappointed. 

Mrs. Lester said that she is not disappointed, and that she feels that there are some questions that have not been answered. 

Mr. Trutschel said that he is not surprised, except for the commitment of the two issues.

Mr. Trutschel moved and Mrs. Patrick seconded that Item #3 be amended, in the title thereof, and in the first whereas clause, and in Section 1 thereof, changing “Gus Macker” to “Macker Basketball”.  All members present voted “yea” and Pres. Pro Tem Trutschel declared the motion adopted.

COUNCIL ASSIGNMENTS AND CALENDAR

Pres. Pro Tem Trutschel announced the following additional Council Committee Assignments for inclusion in the Journal of Council:

#293
Engineering-Authorize street light be installed at alley between Hickory St. and Knoles Ave.

#294
Development-Accept $750.00 for CHIP Program
 
#295
Utilities-Appropriate $30,000.00 to install new sewer line on South Sugar St. at Fifth Street
 
#296
Utilities-Appropriate $25,000.00 to replace water line on Western Ave.
 
#297
Finance-Appropriate $3,352.00 to install new partition and consoles in new police vehicles
 
#298
Utilities-Appropriate $7,800.00 for storm water maintenance
 
#299
Development-Resolution authorizing OVRDC membership in 2010
 
#300
Finance-Authorize Administration to enter lease/purchase contract with Carlisle owners and authorize income tax increase be placed on ballot to cover cost.

READING AND PASASGE OF LEGISLATION

Ord. No. 58-09
granting Macker Basketball LLC 3-On-3 Basketball Tournament use of certain streets and facilities within the City of Chillicothe, and limiting the use of sidewalk areas contiguous to the basketball tournament from Wednesday, June 24, 2009 through Sunday, June 28, 2009, and declaring an emergency was read for the third time by title only.  On final passage, all members present voted “yea” and Pres. Pro Tem Trutschel declared Ord. No. 58-09 adopted.

Ord. No. 59-09
appropriating $196,600.00 of grant funds received by the Law Director’s Office, and declaring an emergency was read for the third time by title only.  On final passage, all members present voted “yea” and Pres. Pro Tem Trutschel declared Ord. No. 59-09 adopted.

An Ordinance amending Section 351.99 of the Revised Ordinances of the City of Chillicothe, Ohio was read for the second time by title only. 

An Ordinance creating a part-time clerk position within the Office of the Law Director, and declaring an emergency was read for the second time by title only. 

A Resolution adopting the budget for the City of Chillicothe, Ohio, for the calendar year beginning January 1, 2010, submitting the same to the County Auditor and declaring an emergency was read for the second time by title only. 

A Resolution accepting the annual report of the Chillicothe Reinvestment Area’s Tax Incentive Review Council was read for the second time by title only. 

An Ordinance accepting and appropriating the sum of $750.00 for reimbursement of unused Community Housing Improvement Program funds and declaring an emergency was read for the first time by title only. 

An Ordinance authorizing the installation of a street light at the alley between Hickory Street and Knoles Avenue was read for the first time by title only. 

Ord. No. 60-09 Authorizing the Mayor to enter into an amendment to Release and Indemnification Agreement with Speedway Superamerica LLC to extend the permit period and allow installation of two additional monitoring wells and declaring an emergency was read for the first time by title only.  Mrs. Malone 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. Pro Tem Trutschel declared the rule suspended.  All members present then voted “yea” on the item itself, and Pres. Pro Tem Trutschel declared Ord. No. 60-09 adopted.

Mr. Bonner moved and Mr. Cross seconded that the meeting be adjourned.  All members present voted “yea” and Pres. Pro Tem Trutschel declared the motion adopted.  Adjourned at 8:42 p.m.

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