CITY COUNCIL MEETING AUGUST 9, 2010 (Old Prison Property, EPA Grant, Animal Control)
Constitution-Tribune
Tuesday, August 10, 2010

City Moves Forward on Old Prison Property

An ordinance allowing the city to apply for a $400,000 grant through the EPA's Brownfield Revolving Loan Fund was approved last night at the Chillicothe City Council meeting. The city is seeking these funds for the old prison property located at 1500 W. Third Street in Chillicothe for the removal of asbestos. The city is asking the EPA for $400,000. If the city is only allowed to apply for the $100,000 limit, the Foutch Brothers, LLC, of Weatherby Lake, Mo., will pay the remaining amount.

"We've got to clean it up one way or another," said Robert Cowherd, contracted legal counsel for the city. "Even if we tore it down we would still have to clean it up."

Terry Rumery, economic developer for the city, highly recommended applying for the grant. He went on to state that financing right now is a "tough deal" at this point, but that once the EPA cleanup is done, (Foutch) feels that financing will be there.

Once the hazardous waste has been removed, Foutch will then take over ownership of the property.
In a letter to City Administrator Dean Brookshier, Foutch Brothers LLC stated, "Any costs of abatement that are not covered by the grant will be the responsibility of our company and will be deducted from the capital improvement funds previously agreed upon." The letter went on to say that the EPA process will take a few more months, but that they are still working on financing the multi-million project and hope to have both of them hit the finish line at the same time, which should be in the October to November area.

The property, which covers 60 acres with approximately 15 acres inside the fence, houses 32 structures, 12 of which are said to contain asbestos (ACB). According to the loan application, most of the ACB was found in the floor tiles in the buildings. In the application process, the city is asking the EPA to waive the $100,000 limit. If the city is only allowed to apply for the $100,000 limit, the Foutch Brothers, LLC, of Weatherby Lake, Mo., will pay the remaining amount.

The city approved the Foutch Brothers' proposal to rehabilitate many of the existing structures located on the 42-acre tract of land south of Third Street in November of last year. Foutch Brothers plans to establish 95 residential units, plus 6,000 square-feet of office space and 8,000 square-feet of mixed use retail space.

Council members approved the ordinance with a 5-0 vote.

Also Monday night, the council discussed animal control and a nuisance abatement at the St. Columban Catholic Cemetery located east of Danner Park. City council members met Tuesday, August 3, with Livingston County Commissioners on the nuisance abatement issue. The city addressed the problem after receiving letters from St. Columban Catholic Church. Father Tom Hermes addressed the council stating that five years ago, he contacted the property owner and asked that the animals be restricted from the cemetery. However, the unrestricted animals have continued to eat the flowers, dig at headstones, and create divots in the ground. Father Tom also stated that the cemetery association has paid $7,000 to repair the cemetery. City Administrator Brookshier stated that the city cannot do anything since the cemetery is in the county. Eva Danner, presiding commissioner, stated that the county does not have the authority to pass ordinances so is unable to address the issue. But, the commissioners have contacted Brad Lager to obtain that power. For now, the Livingston County Sheriff has a watchful eye on the property stating that the dog owners have agreed to fix up the property and had purchased new fencing to restrain the animals roving the cemetery.

The council also approved an ordinance approving a settlement agreement with T-Mobile in the amount of $4,655.27.

In other business, council members...

• Were introduced to new city employee, Eric McKenzie, firefighter/paramedic;
• Amended a lease between the City of Chillicothe and Larry Warren. During the airport paving project, Warren's hanger was damaged by a septic tank. The septic tank will be replaced;
• Passed a resolution of the City of Chillicothe expressing establishing a policy and procedure to disclose potential conflicts of interest and substantial interests for certain municipal officials;
• Approved invoices in the amount of $463,294.59 and payroll of $140,289.58.