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Minutes For Chillicothe Ohio City Council Meeting 08-10-2009
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Council Chambers
Regular Meeting
August 10, 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 11 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. Skip Cousins, New Life Community Church, followed by the Pledge of Allegiance to the Flag. 
 
Mrs. Patrick moved and Mrs. Malone seconded that Council go into an Executive Session to confer with the City Law Director and her assistant concerning matters of pending or imminent litigation involving the public body.  All members present voted “yea" and Pres. Shoultz declared the motion adopted.  Council then met in Executive Session down the hallway in Judge Street’s courtroom.
 
Mrs. Patrick moved and Mrs. Lester seconded that Council go out of Executive Session and resume the regular meeting.  All members present voted “yea" and Pres. Shoultz declared the motion adopted. 
 
Mrs. Lester moved and Mrs. Ames seconded that the Minutes of the regular meeting of July 27, 2009, be accepted and approved, as submitted by the Clerk.  All members present voted “yea" and Pres. Shoultz declared the motion adopted.
 

COMMITTEE REPORTS

Utilities Committee:
Mrs. Patrick reported on Item #2 to appropriate $30,000.00 for a new sanitary sewer line on South Sugar Street on tonight’s Agenda for its third reading.  Mrs. Patrick reported on Item #4 to adopt replacement pages in the Utility Department Rules & Regulations, on tonight’s Agenda for its third reading.  Mrs. Patrick moved and Mrs. Malone seconded that Item #8 be removed from the Agenda.  All members present voted “yea" and Pres. Shoultz declared the motion adopted.  Mrs. Patrick reported on Item #22 to appropriate and transfer $18,587.00 to reimburse utility funds, on tonight’s Agenda for its first reading.  She said that this item is in place of Item #8, and that she will seek to pass this item tonight. 
 
Human Resources Committee:
Mr. Bonner moved and Mrs. Patrick seconded that Item #1 not be read tonight.  All members present voted “yea" and Pres. Shoultz declared the motion adopted.  Mr. Bonner announced that there will be a meeting of the Human Resources Committee on Wednesday, August 12, 2009, at 12:00 noon, in the first floor conference room of the Administration Building. 
 
Development Committee:
Mrs. Ames reported on Item #3 to authorize an appropriation of $6,466.00 in 2010 for the Ohio Valley Regional Development Commission.  Mrs. Ames reported on Item #21 to authorize an application for a SAFER grant for the hiring of 6 firefighters, on tonight’s Agenda for its first reading. 
 
Finance Committee:
Mrs. Henderson reported on Item #5 to issue not to exceed $1,400,000.00 of notes for the transit bus garage facility, on tonight’s Agenda for its third reading.  Mrs. Henderson reported on Item #6 to provide for an increase in the city income tax to 1.7% for the purchase of the Carlisle Building, and to place this issue before the electors at the November 3, 2009 election, on tonight’s Agenda for its second reading.  Mrs. Henderson reported on Item #7 to provide for an increase in the city income tax to 1.7% for the purchase of the Carlisle Building, on tonight’s Agenda for its second reading.  Mrs. Henderson reported on Item #9 to appropriate $100,000.00 for specialized training and equipment for the Chillicothe Police Department, on tonight’s Agenda for its first reading.  Mrs. Henderson reported on Item #10 to appropriate $15,048.00 for floodwall pump stations and equipment insurance premiums, on tonight’s Agenda for its first reading.  Mrs. Henderson reported on Item #11 to appropriate $795.00 for a replacement pin finder for the Building Department, on tonight’s Agenda for its first reading.  Mrs. Henderson reported on Item #12 to appropriate $4,500.00 for outfitting and eligibility certification of 5 law enforcement auxiliary police officers, on tonight’s Agenda for its first reading.  Mrs. Henderson reported on Item #13 to appropriate $947.82 for two weed eaters for floodwall use, on tonight’s Agenda for its first reading.  She said that she will seek to pass this item tonight.  Mrs. Henderson reported on Item #14 to appropriate $1,500.00 for postage within the Law Director’s Office, on tonight’s Agenda for its first reading.  Mrs. Henderson reported on Item #15 to appropriate $30,000.00 for legal fees, on tonight’s Agenda for its first reading.  Mrs. Henderson reported on Item #16 to appropriate $4,500.00 for repairs to the Deweeze floodwall mower, on tonight’s Agenda for its first reading.  She said that she will seek to pass this item tonight.  Mrs. Henderson reported on Item #17 to appropriate $2,430.45 to replace identification card equipment within the Police Department, on tonight’s Agenda for its first reading.  Mrs. Henderson reported on Item #18 to appropriate $3,300.00 to replace 3 computers, on tonight’s Agenda for its first reading.  Mrs. Henderson reported on Item #19 to appropriate $10,500.00 to replace telephone mainframe system for the city firestations, on tonight’s Agenda for its first reading.  Mrs. Henderson reported on Item #20 to appropriate $8,539.37 for emergency repairs to the aerial ladder truck, on tonight’s Agenda for its first reading.  She said that she will seek to pass this item tonight.  Mrs. Henderson commented on the Committed Legislation appearing on tonight’s Agenda, indicating that she plans to soon bring this legislation back before Council.  She indicated that she is requesting Mayor Sulzer to call a special meeting for next Monday to consider Item #6 and Item #7 on tonight’s Agenda, which will then be up for third reading.  She said that this legislation must be passed in time to permit the Clerk to file the legislation with the Ross County Board of Elections prior to August 20, 2009.  She indicated that she will also ask that the items of a financial nature including those pertaining to the Chillicothe Police Department be brought before Council for consideration at this special meeting.  She indicated that Chief of Police Roger Moore will be present and that she is requesting a review session next Monday evening also, so that he can provide Council with information pertaining to these items. 
 
Parks & Recreation Committee:
Mr. Trutschel announced that there will be a meeting of the Parks & Recreation Committee this coming Friday, August 14, 2009, at 1:00 p.m. in the first floor conference room of the Administration Building.

REPORT OF OFFICIALS

Report of Mayor Sulzer:
Mayor Sulzer commented on Item #4, stating that he still urges Council to pass this item for economic development reasons.  He commented on Item #13 and Item #16, urging that these two items be passed tonight due to the ongoing need to continue to mow and cut the floodwall.  He said that he will be asking for a special meeting of Council next Monday night, when there will also be a review session.  He announced that the city pool will be closing on Sunday, August 23, 2009.  He said that the bike path bridge is at its location, but has not yet been installed.  He commented on the CDBG project on Renick Avenue, stating that this has been extended all the way down to Columbus Street.  He indicated that City Engineer Tom Day has indicated that there will be the painting of lane traffic lines in the city during this coming week.  He also indicated that CTS Director Mike Scholl has reminded everyone that there will be bus trips out to the Ross County Fair.  He also announced that according to Utilities Director Richard Johnson, the city has now reduced its water loss down to 17%. 
 
Report of Auditor Morrissey:
City Auditor Morrissey announced that he has passed out the e.o.m. report tonight.  He said that he has also distributed copies of the bid results on the $1,400,000.00 rollover of notes. 
 
Report of Law Director Eddy:
City Law Director Eddy urged Council to pass Item #14 and Item #15 when they come up for final vote.

AUDIENCE PARTICIPATION

Paul Thurman,  144 W. Fifth Street
Spoke to Council about the history of the floodwall construction.  He then stated that he is concerned about the city providing its water and sewer services to the northern edge of the city.  He cited a 1997 study done by Burgess & Niple, which indicated that the city’s sewer trunk line is not adequate to take on the additional development north of the city.  He indicated that he is opposed to Item #4, which would give the City Utility Director the authority to grant sewer line extensions north of town or anywhere outside city limits without Council approval.  He also talked about what he called a more serious city sewer problem by the river, behind the Super K-Mart.  He spoke about the erosion of the river bank by the river, and exhibited photographs showing the area of the problem.  He urged City Council and the Administration to get the involvement of the U.S. Army Corps of Engineers to look into this erosion problem.
  

NEW BUSINESS

Mrs. Lester indicated that the Ross County Humane Society needs volunteers, and that it also needs dedicated board members. 
 
Mr. Bonner commented on Item #4.  He said that the city cannot spend any money without Council’s approval, but that he thinks that this is a tough call either way.
  

COUNCIL ASSIGNMENTS AND CALENDAR

Pres. Shoultz announced the following additional Council Committee Assignments for inclusion in the Journal of Council:
 
#328
Finance-Appropriate $100,000.00 for Furtherance of Justice Fund for Tactical Team;
           
#329
Finance-Appropriate $100,000.00 Safety Levy capital for lap top computers for Police cruisers;  and
           
#330
Finance-Appropriate $900.00 for auxiliary police unit.
 
Pres. Shoultz indicated that there will be a review session and a special meeting next Monday night, August 17, 2009, beginning at 6:30 p.m.

READING AND PASSAGE OF LEGISLATION

Ord. No. 82-09
appropriating $30,000.00 for a new sanitary sewer line on South Sugar Street at Fifth Street, 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. 82-09 adopted. 
 
Res. No. 19-09
authorizing the appropriation of funds in the amount of $6,466.00 as participating local funds for 2010, to the Ohio Valley Regional Development Commission on behalf of the City of Chillicothe, Ohio, 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 Res. No. 19-09 adopted. 
 
Ord. No. 83-09
adopting replacement pages in the Utility Department Rules & Regulations, and declaring an emergency was read for the third time by title only.  On final passage, the following members voted “yea":  Bonner, Cross, Lester, Malone, Proehl and Trutschel.  The following members voted “nay":  Ames, Henderson and Patrick.  Pres. Shoultz declared Ord. No. 83-09 adopted by a vote of 6-3.
 
Ord. No. 84-09
providing for the issuance of not to exceed $1,400,000.00 of notes by the City of Chillicothe, Ohio, in anticipation of the issuance of bonds for the purpose of paying the cost of constructing a transit bus garage facility in the municipality, 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. 84-09 adopted. 
 
A Resolution declaring the necessity of amending Sections 163.03, 163.08 and 163.16 of the Codified Ordinances of the City of Chillicothe in order to provide for an increase in the city income tax levied from 1.6% to 1.7%, directing that such increase be applied to the purchase, renovation and reconstruction of certain real property commonly known as the Carlisle Building for use as city offices and facilities, resolving that said amendment should be placed before the electors at the election to be held November 3, 2009, and declaring an emergency was read for the second time by title only. 
 
An Ordinance amending Sections 163.03, 163.08, and 163.16 of the Codified Ordinances of the City of Chillicothe, Ohio in order to provide for an increase in the city income tax levied from 1.6% to 1.7%, directing that such increase be applied to the purchase, renovation and reconstruction project for certain real property commonly known as the Carlisle Building, said increase to terminate upon payment in full of said project, and declaring an emergency was read for the second time by title only. 
 
An Ordinance appropriating $100,000.00 to be used for specialized training and equipment for use by the Chillicothe Police Department, and declaring an emergency was read for the first time by title only. 
 
An Ordinance appropriating $15,048.00 for floodwall pump stations and equipment insurance premiums, and declaring an emergency was read for the first time by title only. 
 
An Ordinance appropriating $795.00 to purchase a replacement pin finder for the Building Department, and declaring an emergency was read for the first time by title only. 
 
An Ordinance appropriating $4,500.00 for outfitting and eligibility certification of five law enforcement auxiliary police officers to serve within the Chillicothe Police Department, and declaring an emergency was read for the first time by title only.
 
Ord. No. 85-09
appropriating $947.82 to purchase two weed eaters with shoulder harnesses for floodwall use, and declaring an emergency was read for the first time by title only.  Mrs. Henderson 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. 85-09 adopted.
 
An Ordinance appropriating $1,500.00 for postage within the Law Director’s Office, and declaring an emergency was read for the first time by title only. 
 
An Ordinance appropriating $30,000.00 for legal fees, and declaring an emergency was read for the first time by title only. 
 
Ord. No. 86-09
appropriating $4,500.00 for repairs to the Deweeze floodwall mower, and declaring an emergency was read for the first time by title only.  Mrs. Henderson 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. Shoultz declared the rule suspended.  All members present then voted “yea" on the item itself, and Pres. Shoultz declared Ord. No. 86-09 adopted.
 
An Ordinance appropriating $2,430.45 to replace identification card equipment within the Police Department, and declaring an emergency was read for the first time by title only. 
 
An Ordinance appropriating $3,300.00 to replace two computers within the Mayor’s Office and replace the Human Resource Director’s computer, and declaring an emergency was read for the first time by title only.
 
An Ordinance appropriating $10,500.00 to purchase a replacement telephone mainframe system for the city firestations, and declaring an emergency was read for the first time by title only. 
 
Ord. No. 87-09
appropriating $8,539.37 to pay for emergency repairs to the aerial ladder truck, and declaring an emergency was read for the first time by title only.  Mrs. Henderson moved and Mr. Proehl 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. 87-09 adopted.
 
An Ordinance authorizing the Safety/Service Director to apply for the Staffing for Adequate Fire & Emergency Response (SAFER) Grant through the Department of Homeland Security and FEMA, which would be used to hire six firefighters over a five year period, accepting said grant if awarded, and declaring an emergency was read for the first time by title only.
 
Ord. No. 88-09
appropriating and transferring $18,587.00 to reimburse utility funds that were inadvertently used to pay insurance premiums, 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. Shoultz declared the rule suspended.  All members present then voted “yea" on the item itself, and Pres. Shoultz declared Ord. No. 88-09 adopted.
 
Mrs. Malone moved and Mrs. Lester seconded that the meeting be adjourned.  All members present voted “yea" and Pres. Shoultz declared the motion  adopted.  Adjourned at 8:39 p.m.

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