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Minutes For Chillicothe Ohio City Council Meeting 09-14-2009
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Council Chambers
Regular Meeting
September 14, 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 6 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 Mrs. Lester, followed by the Pledge of Allegiance to the Flag.

Mrs. Lester moved and Mr. Trutschel seconded that the Minutes of the regular meeting of August 24, 2009, be accepted and approved, as submitted by the Clerk.  All members present voted “yea” and Pres. Shoultz declared the motion adopted.

Engineering Committee:
Mrs. Malone moved and Mrs. Ames seconded that Item #26 be amended by substitution of the new version distributed tonight for the original version.  All members present then voted “yea”, and Pres. Shoultz declared the motion adopted.  Mrs. Malone reported on Item #26 to allow Traditions of Chillicothe to place six banner poles on the city right-of-way, on tonight’s Agenda for its first reading. 

Utilities Committee:
Mrs. Patrick reported on Item #12 to authorize the continued employment of two temporary laborers in the Water Distribution Department, on tonight’s Agenda for its first reading.  She indicated that she will seek to pass this item tonight.  Mrs. Patrick reported on Item #13 to authorize a contract for the development of a preliminary plan for wastewater plant improvements, on tonight’s Agenda for its first reading. 

Development Committee:
Mrs. Ames reported on Item #5 to authorize the Chillicothe Transit System to participate in the ODOT Cooperative Purchasing Program, CY 2010, on tonight’s Agenda for its first reading.  Mrs. Ames reported on Item #20 to authorize an application to ODOT for Chillicothe Transit System Grants, on tonight’s Agenda for its first reading. 

Parks & Recreation Committee:
Mr. Trutschel reported on Item #4 to amend Section 5 of Ord. No. 36-09, on  tonight’s Agenda for its first reading.  Mr. Trutschel reported on Item #16 to accept and appropriate $1,850.00 donated by Sam’s Club, on tonight’s Agenda for its first reading.  Mr. Trutschel reported on Item #27 to authorize a limited bow hunt for deer in the city, on tonight’s Agenda for its first reading.  He said that he will seek to pass each of these three items tonight. 

Human Resources Committee:
Mr. Bonner reported on Item #1 to authorize a no cost contract with National Church Residencies to provide service coordinator services, on tonight’s Agenda for its second reading.  Mr. Bonner reported on Item #6 to ratify the agreement between the city and the FOP First Capital Lodge #59, on tonight’s Agenda for its first reading.  He said that he will seek to pass this item tonight.  Mr. Bonner reported on Item #24 to authorize the pick up of contribution to PERS for employees, on  tonight’s Agenda for its first reading.  He said that he will seek to pass this item tonight.

City Service Committee:
Mrs. Lester reported on Item #15 to authorize an auction of surplus city property, including property in possession of the Chillicothe Police Department, on tonight’s Agenda for its first reading.  She said that she will seek to pass this item tonight. 

Finance Committee:
Mrs. Henderson reported out of committee Assignment #308 and Assignment #343, with no action to be taken by Council.  Mrs. Henderson reported on Item #3 to allow the City Auditor to transfer appropriated dollars between salaries and fringes within funds as necessary for the remainder of the year 2009, on tonight’s Agenda for its first reading.  She said that she will seek to pass this item tonight.  Mrs. Henderson reported on Item #7 to amend Ord. No. 69-09 pertaining to the temporary clerk within the Chillicothe Police Department, on tonight’s Agenda for its first reading.  She said that she will seek to pass this item tonight.  Mrs. Henderson reported on Item #8 to appropriate $3,025.00 for the feasibility study of the use of 95 E. Main Street, on tonight’s Agenda for its first reading.  She said that she will seek to pass this item tonight.  Mrs. Henderson reported on Item #9 to appropriate $2,000.00 for the Chillicothe Police Department for uniform cleaning, on tonight’s Agenda for its first reading.  Mrs. Henderson reported on Item #10 to appropriate $510.00 for eight chairs for use at the Park Street Water Shop, on tonight’s Agenda for its first reading.  Mrs. Henderson reported on Item #11 to appropriate $5,000.00 for psychological evaluations of criminally charged individuals, 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 $116,900.00 for fourteen mobile computers for the Chillicothe Police vehicles, on tonight’s Agenda for its first reading.  Mrs. Henderson reported on Item #17 to authorize a five year least/purchase agreement with New World Systems Corporation for new software in the City Auditor’s Office, on tonight’s Agenda for its first reading.  She requested that there be a review session scheduled for Tuesday, September 22, 2009, at 6:30 p.m., so that representatives of this company can come in to explain this software to Council.  Mrs. Henderson reported on Item #18 to appropriate $18,760.00 for computers and offsite backup and storage for the City Auditor’s Office, on tonight’s Agenda for its first reading.  Mrs. Henderson reported on Item #19 to appropriate $24,163.74 for a city wide accounting server in the City Auditor’s Office, on tonight’s Agenda for its first reading.  Mrs. Henderson reported on Item #22 to authorize the tax levies for the City of Chillicothe for the fiscal year of 2010, on tonight’s Agenda for its first reading.  She said that she will seek to pass this item tonight.  Mrs. Henderson reported on Item #23 pertaining to employees of the Chillicothe Police Department in the Ohio Police & Fire Pension Fund, on tonight’s Agenda for its first reading.  She said that she will seek to pass this item tonight.  Mrs. Henderson reported on Item #25 to ratify the application to the U.S. Department of Justice for police dispatch equipment, on tonight’s Agenda for its first reading.  She said that she will seek to pass this item tonight.  Mrs. Henderson concluded her report by again commenting on the committed legislation. 

Safety Services Committee:

Mr. Proehl indicated that the Safety Services Committee has nothing on tonight’s Agenda.  However, he stated that there will be a meeting of the committee on Tuesday, September 22, 2009, at 4:00 p.m., in the first floor conference room of the City Administration Building. 

Community Committee:
Mr. Cross reported on Item #2 to amend Section 521.165 of the Codified Ordinances. 


REPORTS OF OFFICIALS

Mayor Sulzer’s Report:
Mayor Sulzer commented on Item #6, stating that this was an arbitrated decision by the Conciliator, and that it is binding upon the city and the FOP.  He urged passage of this item tonight.  Mayor Sulzer also urged passage of Item #12 tonight.  He commented on Item #14 pertaining to the 14 mobile computers for Chillicothe Police vehicles, stating that he will be calling a special meeting on this item for next Tuesday evening.  Mayor Sulzer commented on Item #15, stating that the city has accumulated a number of items for this year’s annual auction of surplus property.  Mayor Sulzer urged passage of Item #27 tonight.  He indicated that Beggar’s Night will be held on Wednesday, October 28, 2009, from 6:00 p.m. until 7:30 p.m.  He also said that we now have reached an agreement with the Firefighter’s Union.  He concluded his report by stating that the North High Street Bike Bridge will take another month to be fully complete. 

Report of Auditor Morrissey:
Mr. Morrissey stated that he has passed out the latest e.o.m. report.  He said that he has also provided an evaluation report on the new software.  He urged passage of Item #3.  He also commented on the City’s website, stating that it contains the complete budget and also a ten year line item comparison.  Mr. Morrissey concluded his report by commenting on Item #17, Item #18, and Item #19. 


Report of Law Director Eddy:
Mrs. Eddy indicated that Item #23 and Item #24 are companion items.  Also, she stated that Item #27 does not have emergency language in it in reference to the deer bow hunt.  She concluded her report by urging the members of Council to get their requests for legislation in to her office as early as possible. 


AUDIENCE PARTICIPATION

Keith Richter of 343 E. Water Street spoke to Council about the landlords wanting City Council to give them relief from being responsible for their tenants’ water bills.  He said that these landlords need to be more responsible in selecting their tenants.  He commented on the forfeiture seizure of drug houses owned by landlords, stating that some of these landlords are actually slum lords.  He cited as an example the property located at 438 E. Water Street, calling it a den of thieves, according to court reports in the Chillicothe Gazette.  He also commented on an elderly couple who were the victims of a theft in this same area. 


OLD BUSINESS

Mrs. Malone said that ODOT did a nice job at the intersection of North Bridge Street and Marietta Road. 

Mr. Trutschel said that he would like to add the emergency language to Item #27 before it is passed tonight.  Pres. Shoultz suggested that he get an amended version of this ordinance to be considered at the special meeting next week, containing the emergency language. 

Mrs. Patrick commented on the question by a landlord about the deposit in water bills.  She said that it is the city’s policy that this goes toward the final billing only. 

Mrs. Henderson commented on the deer legislation, stating that the deer inside the city are as thick as can be.  However, she said that we are now also seeing a problem with coyotes. 

Mrs. Lester suggested that traps be used to take care of the coyote problem. 


PETITIONS AND CORRESPONDENCE

The Clerk reported on receipt of a notice from the Ohio Division of Liquor Control of the issuance of a permit to the Certified Oil Corp. dba Certified Oil 483, of 825 N. Bridge Street.


NEW BUSINESS

Mr. Trutschel moved and Mrs. Malone seconded that Council confirm Mayor Sulzer’s appointment of Robert F. Harris to the Parks & Recreation Board.  All members present voted “yea” and Pres. Shoultz declared the motion adopted. 


COUNCIL ASSIGNMENTS AND CALENDAR

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

 #339-Parks & Recreation
-Authorize hours from one summer help employee to be used
 for another;

#340-Finance-Authorize 5 year lease/purchase agreement for new software and maintenance;

#341-Finance-Appropriate $24,163.74 for purchase of server and anti-virus including
installation;

#342-Finance-Appropriate $11,138.38 to replace computers in Auditor’s Office;

#343-Finance-Appropriate $500.00 for tornado sirens in city;

#344-Utilities-Consider removing 50% surcharge for water purchased by residents not
living in city;

#345-Human Resources-Amend Ord. No. 90-07 to show pay rate at minimum wage;

#346-Finance-Accept Edward Byrne Grant to purchase a new dispatch console and
appropriate balance needed of $2,935.00;

#347-Finance-Appropriate $3,750.00 to purchase 2 automated external defibrillators for
Administration and Municipal Court buildings;

#348-Development-Authorize transit to apply for annual funding and authorize Administration to apply for 2010 grants and permit purchase of vehicles under state contract in 2010; 

#349-Finance-Appropriate $3,025.00 to pay for feasibility study work for administrative building by Dan Marsh Architect;

#350-Finance-Authorize tax levies for 2010;

#351-Finance-Appropriate funds to hire six temporary employees in Service Department to help with leaf collection;

#352-Parks & Recreation-Accept donation from Sam’s Club;

#353-Human Resources-Amend Ord. No. 35-09 to replace last sentence in Section 2 stating the position will not be entitled to health care benefits;

#354-City Services-Authorize Administration to auction excess surplus property;

#355-Finance-Authorize transfer of funds between salaries and fringes for remainder of 2009;

#356-Human Resources-Re-classify Engineering Secretary job title and pay;

#357-Safety Services-Accept and appropriate $5,200.00 rebate check to purchase a new Ferno Cot for Medic #3;

#358-Engineering-Authorize agreement with ODOT to pave Rt. #50 within city limits;

#359-Safety Services-Adopt legislation prohibiting the obstruction of fire hydrants within the city;

#360-City Services-Authorize two handicapped parking spaces in front of Library on S. Paint St.;  and

#361-Engineering-Autorize acquisition of parcels to facilitate the relocation of North Plaza Blvd.

Pres. Shoultz announced that there will be a review session next Tuesday, September 22, 2009, at 6:30 p.m., at the request of the Finance Committee concerning the computer software for the Auditor’s Office.  He stated that there most likely will also be a special meeting that evening. 


READING AND PASSAGE OF LEGISLATION

An Ordinance authorizing the Mayor to enter into a no cost contract with National Church Residencies to provide service coordinator services, and declaring an emergency was read for the second time by title only.

An Ordinance amending Section 521.165 of the Codified Ordinances of the City of Chillicothe, Ohio was read for the second time by title only.

Ord. No. 103-09
allowing the City Auditor to transfer appropriated dollars between salaries and fringes within funds only if needed on an emergency basis for the remainder of the year 2009, 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. 103-09 adopted.

Ord. No. 104-09
amending Section 5 of Ord. No. 36-09, and declaring an emergency was read for the first time by title only.  Mr. Trutschel moved and Mr. Bonner 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. 104-09 adopted.

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.

Ord. No. 105-09
ratifying the agreement negotiated between the City of Chillicothe and the Fraternal Order of Police, First Capital Lodge #59, authorizing the appropriate city officials to execute the agreement, and declaring an emergency was read for the first time by title only.  Mr. Bonner 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. Shoultz declared the rule suspended.  All members present  then voted “yea” on the item itself, and Pres. Shoultz declared Ord. No. 105-09 adopted.

Ord. No. 106-09
amending Section 2 of Ord. No. 69-09 relating to the temporary clerk within the Police Department, 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. 106-09 adopted.

Ord. No. 107-09
appropriating $3,025.00 for feasibility study regarding use of 95 E. Main Street, 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. 107-09 adopted.

An Ordinance appropriating $2,000.00 to pay for Police Department uniform cleaning, and declaring an emergency was read for the first time by title only.

An Ordinance appropriating $510.00 to purchase eight chairs for use at the Park Street Water Shop was read for the first time by title only.

Ord. No. 108-09
appropriating $5,000.00 to pay for psychological evaluations for individuals criminally charged who enter a plea of not guilty by reason of insanity or who may be incompetent, 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. 108-09 adopted. 

Ord. No. 109-09
authorizing the continued employment of two temporary laborers within the Water Distribution Department, appropriating $23,100.00, 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. 109-09 adopted.

An Ordinance authorizing the Mayor to enter into a contract for the development of a preliminary plan for Wastewater Treatment Plant improvements and upgrades, appropriating $24,500.00 for said services, and declaring an emergency was read for the first time by title only.

An Ordinance appropriating $116,900.00 for purchase fourteen mobile computers to be installed in Chillicothe Police vehicles, and declaring an emergency was read for the first time by title only. 

An Ordinance authorizing the appropriate city officials to auction surplus city property, including property in possession of the City of Chillicothe Police Department, and declaring an emergency was read for the first time by title only. 

Ord. No. 110-09
accepting and appropriating the sum of $1,850.00 which was donated by Sam’s Club, and declaring an emergency was read for the first time by title only.  Mr. Trutschel moved and Mr. Bonner 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. 110-09 adopted.

An Ordinance authorizing the City Auditor to enter into a five year lease/purchase agreement with New World Systems Corporation to purchase new software, including maintenance costs for one year, for the City Auditor’s Office, appropriating $333,260.00 to pay for said software and maintenance, and declaring an emergency was read for the first time by title only.

An Ordinance appropriating $18,760.00 to replace computers and purchase offsite backup and storage, including a recovery server within the City Auditor’s Office, and declaring an emergency was read for the first time by title only.

An Ordinance appropriating $24,163.74 to purchase a city wide accounting server and anti-virus main frame installation within the City Auditor’s Office as required by the State Auditor, 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. 

An Ordinance amending Sections 1 and 2 of Ordinance No. 78-09 pertaining to appropriating and transferring of funds for the new transit facility, and declaring an emergency was read for the first time by title only. 

Res. No. 22-09
authorizing the tax levies for the City of Chillicothe, Ohio for the fiscal year beginning January 1, 2010 as determined by the Budget Commission and certifying said levies to the County Auditor, 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 Res. No. 22-09 adopted.

Ord. No. 111-09
an amended and restated ordinance of the Council for the City of Chillicothe, Ohio as it pertains to eligible employees of the Chillicothe Police Department who participate in the Ohio Police and Fire Pension Fund, 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. 111-09 adopted.

Ord. No. 112-09
authorizing the City of Chillicothe to pick up the statutorily required contribution to the Public Employees Retirement System of Ohio for the employees of the City of Chillicothe pursuant to I.R.S. Section 414(H)(2), and declaring an emergency was read for the first time by title only.  Mr. Bonner 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. 112-09 adopted.

Ord. No. 113-09
ratifying the filing of an application through the U.S. Department of Justice for Police dispatch equipment, accepting grant funds received in the amount of $33,335.00, appropriating $2,935.00 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. 113-09 adopted.

An Ordinance allowing Traditions of Chillicothe to place six banner poles on the city right-of-way on University Drive north of Western Avenue was read for the first time by title only. 

An Ordinance to authorize a limited bow hunt for deer in the City of Chillicothe, Ohio;  to establish rules and regulations to govern said hunt;  to establish a penalty for the violation of said rules and regulations;  and to provide for the expiration of this ordinance one year from the effective date of its passage was read for the first time by title only. 

Mrs. Malone moved and Mr. Bonner seconded that the meeting be adjourned.  All members present voted “yea” and Pres. Shoultz declared the motion adopted.  Adjourned at 8:45 p.m.

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