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Minutes For Chillicothe Ohio City Council Meeting 12-08-2008
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Council Chambers
Regular Meeting
December 8, 2008
7:31 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 17 other visitors present, in addition to Mayor Sulzer 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. Lester moved and Mrs. Malone seconded that the Minutes of the regular meeting of November 24, 2008, be accepted and approved, as submitted by the Clerk.  All members present voted “yea” and Pres. Shoultz declared the motion adopted.

COMMITTEE REPORTS

Engineering Committee:
Mrs. Malone reported on Item #1 to approve the rezoning of property located at 970 & 980 Taunton Road from FP to R6, on tonight’s Agenda for its third reading.  She indicated that she has heard no objections to this proposed rezoning, and she urged a favorable vote on its passage tonight.  Mrs. Malone reported on Item #2 to enact Section 301.53 entitled “Street Lawn Area” of the Codified Ordinances, on tonight’s Agenda for its first reading.  She said that this has been requested by the Utilities Department to make it clear that there is to be no parking on this area, where utility meters are located.

Human Resources Committee:
Mr. Bonner reported on Item #3 to amend Section 4 of Ord. No. 136-08, on tonight’s Agenda for its first reading.  He said that this will clarify that the Victim/Witness Advocates are entitled to holiday pay. 

Finance Committee:
Mrs. Henderson reported on Item #4 to appropriate and distribute $160,000.00 of fine monies collected through traffic photo enforcement, on tonight’s Agenda for its first reading.  She indicated that she will seek to pass this item tonight.  Mrs. Henderson reported on Item #5 to appropriate $20,000.00 for legal fees, on tonight’s Agenda for its first reading.  She indicated that this is to pay the special counsel employed to represent the city in the litigation filed against the city by the Ross County Water Company.  Mrs. Henderson reported on Item #6 to transfer $10,000.00 and to appropriate $241,287.00 from various funds to cover salary, fringes and miscellaneous expenses for the remainder of 2008, on tonight’s Agenda for its first reading.  She indicated that she will seek to pass this item tonight.  She reminded everyone that there will be a meeting of the Finance Committee to go over the 2009 budget tomorrow afternoon at 3:00 p.m. in the first floor conference room. 

REPORTS OF OFFICIALS

Report of Mayor Sulzer:
Mayor Sulzer commented on Item #5, stating that this litigation filed by the Ross County Water Company against the city involves complex federal laws and that the city hired an attorney who has specialized in this type of work.  Mayor Sulzer commented on Item #6, stating that this is a typical ordinance needed at the end of the year.  He indicated that the Christmas lights tours are continuing through the Chillicothe Transit Service, and that interested persons should telephone the Chillicothe Transit Service to get details. 

Report of Auditor Morrissey:
Mr. Morrissey commented on the e.o.m. report for November, distributed tonight.  He also commented on Item #4, stating that the sum of $160,000.00 is an estimated figure and that once the city has all of the money in the proper account, the city must pay RedFlex it’s share. 
 

  AUDIENCE PARTICIPATION

 
Katherine Hine, Executive Director of the Network for Abused and Neglected Children of 43 S. Paint Street reminded everyone that they will have an open house this Saturday during the downtown tour. 
 
Steve Richter of 243 E. Water Street
asked questions about the $160,000.00 collected through traffic photo enforcement.  He said that the city could have police officers at intersections for this money.  He is opposed to the RedFlex cameras, and commented that the country is dissolving and self-imploding. 
 
Connie Ingram of Fayette County
also again spoke against the red light cameras.  She said that their group, Citizens Against Photo Enforcement (CAPE) is pushing for an ordinance by petition and also for the recall of certain people on City Council.  She posed a number of questions about the refunds of fines and other related matters. 
 
Daniel Evans of 228 N. High Street
spoke against the RedFlex cameras, and also posed a number of questions.  He said that the civil fines levied by this legislation are in conflict with state law that sets criminal penalties.
 
William Barnhart of 373 McKeller Street
said that he has signed the petition opposing the red light and speed cameras.  He also asked why there was an expensive fence put around the parking lot at the corner of South Paint and West Fourth Street, which he called a waste of taxpayer money.  He also provided statistics on the number of deer being killed, and indicated opposition to the city deer hunt. 
 
Kevin Andrews of 1357 Anderson Road
said that there is a quota on the RedFlex contract, and he asked if the city’s contract states that their share goes up after a time.  He opposed the red light cameras. 
 
Rebekah Valentich of 622 Buckeye Street
asked why the $20,000.00 is being paid to an outside attorney, instead of having the Ross County Water litigation handled by the City Law Director at no cost.  Mayor Sulzer responded, stating that the City Law Director did not feel qualified, given the complexity of the federal laws involved in this federal court litigation.
 

  OLD BUSINESS

 
Mr. Bonner said that he received a letter from Mr. James Hoagland, thanking the city for the new installation of a fire hydrant in his neighborhood. 
 
Mrs. Patrick requested that Mayor Sulzer put together a flyer for placement in city water bills that details the operation of the red light cameras and the appeal process and other related matters.  She also requested that 50% of the funds received by the city be dedicated to the safety services, indicating that she has favored this since the inception of this program. 
 
Mrs. Malone echoed the comments of Mrs. Patrick, stating that she wants to see the monies go toward safety services. 
 
Mr. Trutschel said that he would like to see a flow chart on how accidents have gone down, and also projecting how revenues in the future also might go down.  He said that he continues to get calls from people who are in favor of these red light cameras. 
 

  PETITIONS AND CORRESPONDENCE

 
The Clerk reported on receipt of a letter from Time Warner Cable advising of developments affecting its subscribers in the Chillicothe community. 
 

  COUNCIL ASSIGNMENTS AND CALENDAR

Pres. Shoultz announced the following additional Council Committee Assignments for inclusion in the Journal of Council:
 
#204
Development-Investigate Restoring Prosperity to Ohio Program;  and
           
#215
Finance-Appropriate funds in various accounts for balance of year.
 
Pres. Shoultz announced that there will be a legislative review session next Monday, December 15, 2008, at 6:30 p.m., here in Council Chambers, to discuss the 2009 budget with the Finance Committee.
 

  READING AND PASSAGE OF LEGISLATION

Ord. No. 159-08
approving the action of the Planning Commission of the City of Chillicothe in rezoning property located at 970 & 980 Taunton Road, Chillicothe, Ohio from FP to R6 was read for the third time by title only.  All members present voted “yea” on final passage, and Pres. Shoultz declared Ord. No. 159-08 adopted by a vote of 9-0.
 
An Ordinance enacting Section 301.53 entitled “Street Lawn Area” of the Codified Ordinances of the City of Chillicothe, Ohio was read for the first time by title only. 
 
An Ordinance amending Section 4 of Ord. No. 136-08, and declaring an emergency was read for the first time by title only. 
 
Ord. No. 160-08
appropriating and disbursing $160,000.00 of fine monies collected through traffic photo enforcement within the city, 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” except Mr. Proehl, who voted “nay”, and Pres. Shoultz declared the rule suspended.  All members present then voted “yea” on the item itself, except Mr. Proehl, who voted “nay”, and Pres. Shoultz declared Ord. No. 160-08 adopted by a vote of 8-1.
 
Ord. No. 161-08
appropriating $20,000.00 for legal fees, and declaring an emergency was read for the first time by title only.  Mrs. Henderson 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. Shoultz declared the rule suspended.  All members present then voted “yea” on the item itself, and Pres. Shoultz declared Ord. No. 161-08 adopted by a vote of 9-0.
 
Ord. No. 162-08
transferring $10,000.00 and appropriating $241,287.00 from various funds to cover salary, fringes, & miscellaneous expenses, for the remainder of 2008, 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. 162-08 adopted by a vote of 9-0.
 
Mr. Trutschel moved and Mrs. Malone seconded that the meeting be adjourned.  All members present voted “yea” and Pres. Shoultz declared the meeting adjourned.  Adjourned at 8:13 p.m.

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