March 6, 2000
MINUTES OF COUNCIL
A regular session of Troy City Council was held Monday, March 6, 2000, at 7:30 p.m. in Council Chambers.
Members Present: Baker, Beamish, Bretland, Douglas, Howe, Mercer and Saxton.
Presiding Officer: William F. Lohrer, President of Council
Others Present: Peter E. Jenkins, Mayor
N. Lawrence Wolke, Director of Public Service & Safety
W. McGregor Dixon, Jr., Director of Law
R. Craig Helmer, Auditor
The Clerk gave a summary of the February 22, 2000, minutes of Council. There were no additions or corrections to these minutes. Upon motion of Mrs. Saxton, seconded by Mr. Mercer, these minutes were approved by unanimous roll call vote.
COMMITTEE REPORTS:
FINANCE. Mr. Beamish, Chairman, reported as follows: 1) Committee recommends legislation be prepared authorizing the sale of 6 excess Police Dept. vehicles. 2) Committee recommends legislation be prepared authorizing an additional $90,000 funding to the Troy Development Council, with such funding to be used in facilitating annexation efforts. 3) Committee recommends that the appropriation ordinance (budget approval) be prepared for approval as an emergency measure as the appropriation must be in place by 4-1. 4) Committee recommends legislation be prepared authorizing the completion of the purchase of the 40.313 acre Frantz property, which is adjacent to Riverside Cemetery, with the balance to be paid of up to $160,000 (Council authorized a $40,000 down payment by R-8-2000) with the legislation to be presented as an emergency measure as the balance must be paid within 30 days from 3-1-2000.
Reports signed by Douglas, Mercer and Beamish.
LAW & ORDINANCE. Mr. Douglas, Chairman, reported as follows: 1) Committee recommends legislation be prepared approving the standard statement of services for an area proposed for annexation, which area would be the 11.7242 acres known as the First Lutheran Church Annexation located at the NE corner of SR41 and Washington Rd. 2) Committee recommends approval of Enterprise Zone agreement 19 with Sun Enterprises and Sun Machine & Tool Corp. for 75% real and tangible personal property tax abatement for 10 years, with an investment of $1,025,000, retention of existing jobs and creation of 7 new jobs, with the legislation submitted as an emergency measure so that Sun may proceed with the new structure. 3) Committee has reviewed the recommendation of the Enterprise Zone Tax Incentive Review Council (EZTIRC) that all Enterprise Zone agreements be continued and Committee recommends legislation be prepared accepting the recommendation of the EZTIRC with the legislation as an emergency measure due to a 3-31 filing deadline with the State; however, Committee recognized that Spinnaker, Inc. is not in compliance with employment commitment and Committee may not favorably accept recommendations regarding continuing Spinnaker's agreement in the future if the company continues to not be in compliance. Committee has asked that a copy of the Committee Report be provided to Spinnaker and asked to receive a copy of Spinnaker's mid-year report.
Reports signed by Mercer, Saxton and Douglas.
UTILITIES. Mr. Mercer, Chairman, reported that Committee has reviewed the request of Pioneer Rural Electric Cooperative, Inc. for an electric franchise so they may continue to serve areas that may be annexed to the City if such areas are in the Pioneer service area designated by the PUCO. Committee noted that DP&L does not object to the Pioneer franchise and that such franchise will be similar to and concurrent with that with DP&L.
Report signed by Baker, Bretland and Mercer.
RESOLUTION NO. R-9-2000
RESOLUTION APPROVING THE ENTERPRISE ZONE AGREEMENT SUBMITTED BY SUN ENTERPRISES AND SUN MACHINE AND TOOL CORPORATION AND AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO EXECUTE THE ENTERPRISE ZONE AGREEMENT AND RELATED DOCUMENTS AND DECLARING AN EMERGNECY
This Resolution was given first title reading.
Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Douglas.
3-6-2000 p.2
Yes: Mercer, Beamish, Baker, Howe, Saxton and Douglas.
No: Bretland.
Mr. Douglas moved for adoption. Motion seconded by Mr. Mercer.
Yes: Mercer, Beamish, Baker, Howe, Saxton and Douglas.
No: Bretland. RESOLUTION ADOPTED
RESOLUTION NO. R-10-2000
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO PURCHASE REAL ESTATE AND DECLARING AN EMERGENCY
This Resolution was given first title reading.
Mr. Douglas moved for suspension of rules requiring three readings. Motion seconded by Mr. Beamish.
Yes: Beamish, Baker, Howe, Saxton, Douglas, Bretland and Mercer.
No: None.
Mr. Howe moved for adoption. Motion seconded by Mrs. Saxton.
Yes: Baker, Howe, Saxton, Douglas, Bretland, Mercer and Beamish.
No: None. RESOLUTION ADOPTED
RESOLUTION NO. R-11-2000
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ADVERTISE FOR BIDS FOR EXCESS POLICE DEPARTMENT VEHICLES
This Resolution was given first title reading.
Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Howe.
Yes: Howe, Saxton, Douglas, Bretland, Mercer, Beamish and Baker.
No: None.
Mr. Beamish moved for adoption. Motion seconded by Mr. Douglas.
Yes: Saxton, Douglas, Bretland, Mercer, Beamish, Baker and Howe.
No: None. RESOLUTION ADOPTED
RESOLUTION NO. R-12-2000
RESOLUTION ACCEPTING THE RECOMMENDATIONS OF THE ENTERPRISE ZONE TAX INCENTIVE REVIEW COUNCIL AND DECLARING AN EMERGENCY
This Resolution was given first title reading.
Mr. Douglas moved for suspension of rules requiring three readings. Motion seconded by Mrs. Baker.
Yes: Douglas, Mercer, Beamish, Baker, Howe and Saxton.
No: Bretland.
Mrs. Saxton moved for adoption. Motion seconded by Mr. Douglas.
Yes: Mercer, Beamish, Baker, Howe, Saxton and Douglas.
No: Bretland. RESOLUTION ADOPTED
RESOLUTION NO. R-13-2000
RESOLUTION AUTHORIZING THE CITY OF TROY TO CONTRIBUTE TO AN ECONOMIC DEVELOPMENT PROGRAM FOR THE CITY OF TROY
This Resolution was given first title reading.
ORDINANCE NO. O-6-2000
ORDINANCE APPROPRIATING FUNDS NECESSARY FOR THE VARIOUS DEPARTMENTS AND OFFICES OF THE CITY OF TROY, OHIO FOR THE YEAR 2000 AND DECLARING AN EMERGENCY
This Ordinance was given first title reading.
Mr. Beamish moved for suspension of rules requiring three readings. Motion seconded by Mrs. Saxton.
Yes: Mercer, Beamish, Baker, Howe, Saxton, Douglas and Bretland.
No: None.
3-6-2000 p.3
Mr. Beamish moved for adoption. Motion seconded by Mr. Mercer.
Yes: Beamish, Baker, Howe, Saxton, Douglas, Bretland and Mercer.
No: None. ORDINANCE ADOPTED
ORDINANCE NO. O-7-2000
AN ORDINANCE GRANTING TO PIONEER RURAL ELECTRIC COOPERATIVE, INC., ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO ACQUIRE, CONSTRUCT, MAINTAIN AND OPERATE IN THE STREETS, THOROUGHFARES, ALLEYS, BRIDGES AND PUBLIC PLACES OF THE CITY OF TROY, STATE OF OHIO AND ITS SUCCESSORS, LINES FOR THE DISTRIBUTION OF ELECTRIC ENERGY TO PARTS OF THE CITY OF TROY AND THE INHABITANTS THEREOF FOR LIGHT, HEAT, POWER AND OTHER PURPOSES AND FOR THE TRANSMISSION OF THE SAME WITHIN, THROUGH OR ACROSS SAID CITY OF TROY, STATE OF OHIO
This Ordinance was given first title reading.
Mr. Mercer moved for suspension of rules requiring three readings. Motion seconded by Mr. Douglas.
Yes: Baker, Howe, Saxton, Douglas, Bretland, Mercer and Beamish.
No: None.
Mr. Howe moved for adoption. Motion seconded by Mrs. Saxton.
Yes: Howe, Saxton, Douglas, Bretland, Mercer, Beamish and Baker.
No: None. ORDINANCE ADOPTED
ORDINANCE NO. O-8-2000
ORDINANCE ADOPTING A STATEMENT FOR MUNICIPAL SERVICES TO BE PROVIDED TO A 11.7242 ACRE TRACT IN CONCORD TOWNSHIP SOUGHT TO BE ANNEXED
This Ordinance was given first title reading.
Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Beamish.
Yes: Saxton, Douglas, Bretland, Mercer, Beamish, Baker and Howe.
No: None.
Mrs. Saxton moved for adoption. Motion seconded by Mr. Howe.
Yes: Douglas, Bretland, Mercer, Beamish, Baker, Howe and Saxton.
No: None. ORDINANCE ADOPTED
COMMENTS OF THE MAYOR: Mayor Jenkins commented that Police Capt. Joe Potter retired after 29 years.
COMMENTS OF COUNCIL PRESIDENT: Mr. Lohrer announced that Mrs. Saxton has been named the US Pediatric Nurse Practitioner.
COMMENTS OF COUNCIL:
-Members of Council congratulated Mrs. Saxton.
-Mr. Bretland commented that his no votes were not on the issues, but on the emergency segment of the legislation as that removed the public's right of referendum and the possibility of further public comment.
-Mr. Mercer asked if the Public Square project is running ahead of schedule, and the City Engineer stated it is.
AUDIENCE COMMENTS:
-Dan Patrizio, Piqua, stated he is running for County Commissioner and sought support.
-Bill Miller, 626 Carriage Drive, stated he is President of the Railroad Modelers Club, and commented they will soon lose their lease and are interested in the Canal St. Warehouse.
A motion was made by Mr. Mercer, seconded by Mrs. Baker, to recess into executive session to discuss negotiations with our public employees and concerning their terms and conditions of employment. Following unanimous roll call vote, Council so recessed at 8:28 p.m. At 8:54 p.m. Council returned from executive session, made no further comment, and adjourned at 8:55 p.m.
_______________/s/____________________ ____________________/s/___________________
President of Council
Clerk of Council