May 15, 2000
MINUTES OF COUNCIL
A regular session of Troy City Council was held Monday, May 15, 2000, at 7:30 p.m. in Council Chambers.
Members Present: Baker, Beamish, Bretland, Douglas, Howe and Mercer.
Upon motion of Mrs. Baker, seconded by Mr. Howe, Mrs. Saxton was excused from this meeting by unanimous roll call vote.
Presiding Officer: William F. Lohrer, President of Council
Others Present: 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 May 1, 2000, minutes of Council. There were no additions or corrections to these minutes. Upon motion of Mr. Howe, seconded by Mrs. Baker, these minutes were approved by unanimous roll call vote.
COMMITTEE REPORTS:
BUILDINGS, STREETS & SIDEWALKS. Mrs. Baker, Chairman, reported as follows: 1) Committee recommends legislation be prepared authorizing the Director of Public Service & Safety to advertise for bids and enter into a contract for the 2000 paving program at a cost not to exceed $404,000 ($4,000 for Cemetery roadways). 2) Committee recommends legislation be prepared authorizing the Director of Public Service & Safety to advertise for bids and enter into a contract for the reconstruction of Riverside Drive (Adams to end of Park) at a cost not to exceed $335,000, noting that 75% of the project cost will be reimbursed by OPWC.
Reports signed by Howe and Baker.
FINANCE. Mr. Beamish, Chairman, reported as follows: 1) Committee recommends legislation be prepared authorizing the Director of Public Service & Safety to advertise for bids and enter into contracts for a number of vehicles and to have an option of trading in or selling excess vehicles. 2) Committee recommends legislation be prepared approving the Revolving Loan Fund applications from the City's existing balance for R&D Machine, Inc. for $50,000 to assist with purchase of property at 1204 S. Crawford and Sun Machine & Tool, Inc. for $70,000 to assist with purchasing equipment, with the legislation as emergency measures as the companies have June 1 closing dates. Committee noted that the City will hold 2nd lien or mortgages, with Firstar Bank being the primary lender, and that the bank feels both applicants are good risks.
Discussion. Mr. Howe asked who sets the terms of the RLF loans. Mr. Char stated the State encourages the City to match the terms set by the bank. Mr. Douglas commented that 20 years is not uncommon for real estate and he does not feel the 20 year term on the real estate for $50,000 should be considered detrimental.
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 a pending annexation - Newnam Annexation, 39.721 acres in Concord School.
Discussion. Mr. Bretland asked what happens if the statement of services is not filed. It was stated that, by statues, the City must file such a statement and without the statement the County would be in a position of not having all required elements, which could present a procedural problem for the County. Mr. Bretland suggested statement of services not be done until the TDC has an opportunity to do a community survey to see if the community wants annexation. Mr. Wolke commented that this does not approve an annexation, but states the standard City services provided to any area in the City.
2) Committee recommends legislation be prepared regarding the plans of CVS pharmacy to locate a new store at the corner of Main and Elm, with the legislation to cover dedication of an alley running off Sherman, replat of Inlots 250, 251, 252, 253, 254, 265, 266, 267 & 7127, plus parts of vacated alleys, and accepting the dedication of right of way to improve curves/radii at corners of W Main and Elm Streets, Elm and Sherman Streets, Elm St. and Sherman Ave. and the bend of Sherman Ave.
Reports signed by Mercer, Saxton and Douglas.
PERSONNEL. Mr. Douglas made an oral report that the Mayor has requested appointments of William Lohrer, Shirley Saxton and Anthony Char to the CIC effective immediately. A motion was made by Mr. Douglas, seconded by Mrs. Baker, to approve such appointments. Motion passed by unanimous roll call vote.
5-15-2000 page 2
RECREATION & PARKS. Mr. Howe, Chairman, reported as follows: Committee recommends legislation be prepared authorizing the Board of Park Commissioners to advertise for bids and enter into a contract for new playground equipment at the Troy Municipal Park (Adams & Staunton Roads) at a cost not to exceed $145,080.
Discussion. Mrs. Baker asked about the delay till September for installation and Mr. Wolke commented that there is about a 60-90 day lead time for delivery after the equipment is received.
2) Committee recommends legislation be prepared authorizing the Director of Public Service & Safety to advertise for the rooftop air conditioner units (4 40 ton and 6 50 ton units) for the Hobart Arena at a cost not to exceed $250,000, with the contract not to be awarded until the installation estimates are received.
Reports signed by Beamish, Bretland and Howe.
SAFETY & HEALTH: Mr. Bretland, Chairman, reported as follows: 1) Committee recommends legislation be prepared authorizing the Director of Public Service & Safety to enter into a contract with Fire - Safety Services, Inc. to rebuild the self-contained breathing apparatus for the Fire Dept. at a cost of $51,500 to bring this equipment up to the recent NFPA standards. This contract is being awarded without bidding based on the company being a sole source vendor for the equipment. 2) Committee recommends legislation be prepared authorizing the Director of Public Service & Safety to advertise for bids and enter into a contract for a new rescue tool for the Fire Dept. at a cost not to exceed $22,000.
Report signed by Beamish, Howe and Bretland.
RESOLUTION NO. R-22-2000
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ADVERTISE FOR BIDS AND ENTER INTO A CONTRACT FOR THE ROOFTOP AIR CONDITIONING UNITS FOR THE HOBART ARENA
This Resolution was given first title reading.
Mr. Howe moved for suspension of rules requiring three readings. Motion seconded by Mr. Beamish.
Yes: Howe, Bretland, Douglas, Baker, Beamish and Mercer.
No: None.
Mrs. Baker moved for adoption. Motion seconded by Mr. Howe.
Yes: Bretland, Douglas, Baker, Beamish, Mercer and Howe.
No: None RESOLUTION ADOPTED
RESOLUTION NO. R-23-2000
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ADVERTISE FOR BIDS AND ENTER INTO A CONTRACT FOR THE RIVERSIDE DRIVE RECONSTRUCTION
This Resolution was given first title reading.
Mrs. Baker moved for suspension of rules requiring three readings. Motion seconded by Mr. Douglas.
Yes: Douglas, Baker, Beamish, Mercer, Howe and Bretland.
No: None.
Mr. Douglas moved for adoption. Motion seconded by Mr. Howe.
Yes: Baker, Beamish, Mercer, Howe, Bretland and Douglas.
No: None RESOLUTION ADOPTED
RESOLUTION NO. R-24-2000
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ADVERTISE FOR BIDS AND ENTER INTO CONTRACTS FOR A PROGRAM INVOLVING THE PAVING OF CITY STREETS
This Resolution was given first title reading.
Mrs. Baker moved for suspension of rules requiring three readings. Motion seconded by Mr. Bretland.
Yes: Beamish, Mercer, Howe, Bretland, Douglas and Baker.
No: None.
Mr. Howe moved for adoption. Motion seconded by Mr. Mercer.
Yes: Mercer, Howe, Bretland, Douglas, Baker and Beamish.
No: None RESOLUTION ADOPTED
5-15-2000 p. 3
RESOLUTION NO. R-25-2000
RESOLUTION AUTHORIZING THE BOARD OF PARK COMMISSIONERS OF THE CITY OF TROY, OHIO TO ADVERTISE FOR BIDS AND ENTER INTO A CONTRACT FOR NEW PLAYGROUND EQUIPMENT FOR THE TROY COMMUNITY PARK
This Resolution was given first title reading.
Mr. Howe moved for suspension of rules requiring three readings. Motion seconded by Mr. Beamish.
Yes: Howe, Bretland, Douglas, Baker, Beamish and Mercer.
No: None.
Mr. Beamish moved for adoption. Motion seconded by Mr. Howe.
Yes: Bretland, Douglas, Baker, Beamish, Mercer and Howe.
No: None RESOLUTION ADOPTED
RESOLUTION NO. R-26-2000
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ADVERTISE FOR BIDS AND ENTER INTO A CONTRACT FOR A NEW HYDRAULIC RESCUE TOOL SYSTEM
This Resolution was given first title reading.
Mr. Bretland moved for suspension of rules requiring three readings. Motion seconded by Mr. Howe.
Yes: Douglas, Baker, Beamish, Mercer, Howe and Bretland.
No: None.
Mr. Beamish moved for adoption. Motion seconded by Mrs. Baker.
Yes: Baker, Beamish, Mercer, Howe, Bretland and Douglas.
No: None RESOLUTION ADOPTED
RESOLUTION NO. R-27-2000
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ADVERTISE FOR BIDS AND ENTER INTO CONTRACTS FOR VARIOUS VEHICLES FOR THE CITY OF TROY, OHIO
This Resolution was given first title reading.
Mr. Howe moved for suspension of rules requiring three readings. Motion seconded by Mr. Beamish.
Yes: Beamish, Mercer, Howe, Bretland, Douglas and Baker.
No: None.
Mr. Beamish moved for adoption. Motion seconded by Mr. Mercer.
Yes: Mercer, Howe, Bretland, Douglas, Baker and Beamish.
No: None RESOLUTION ADOPTED
RESOLUTION NO. R-28-2000
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ADVERTISE FOR BIDS FOR THE SALE OF VEHICLES NO LONGER NEEDED FOR PUBLIC PURPOSE
This Resolution was given first title reading.
Mrs. Baker moved for suspension of rules requiring three readings. Motion seconded by Mr. Howe.
Yes: Howe, Bretland, Douglas, Baker, Beamish and Mercer.
No: None.
Mr. Beamish moved for adoption. Motion seconded by Mr. Douglas.
Yes: Bretland, Douglas, Baker, Beamish, Mercer and Howe.
No: None RESOLUTION ADOPTED
RESOLUTION NO. R-29-2000
RESOLUTION AUTHORIZING THE APPLICATION OF SUN MACHINE & TOOL, INC. TO THE CITY OF TROY'S ECONOMIC DEVELOPMENT CDBG REVOLVING LOAN FUND, AND DECLARING AN EMERGENCY
This Resolution was given first title reading.
5-15-2000 p.4
Mr. Douglas moved for suspension of rules requiring three readings. Motion seconded by Mr. Beamish.
Yes: Douglas, Baker, Beamish, Mercer and Howe.
No: Bretland. MOTION TO SUSPEND FAILED
Discussion. Mr. Douglas asked Mr. Bretland to reconsider as not moving on the application could impact the company from moving forward. Mr. Bretland stated he opposed emergency legislation and the RFP application benefits the applicant, not the community and he feels emergency legislation should be held for crisis situations that impact the entire community, and he does not feel this issue meets his criteria for "emergency". Mr. Wolke suggested that Mr. Bretland could vote his conscience on the issue of adoption, but not stop the issue at the vote on suspension as with a member absent, if one member votes no on suspension, the issue cannot proceed. Mr. Bretland said that based on Mr. Wolke's comments he would reconsider his vote on suspension.
A motion was made by Mr. Bretland, seconded by Mr. Howe, to reconsider R-29-2000. Motion passed by unanimous roll call vote.
Mr. Douglas moved for suspension. Motion seconded by Mr. Mercer.
Yes: Douglas, Baker, Beamish, Mercer, Howe and Bretland.
No: None.
Mr. Beamish moved for adoption. Motion seconded by Mr. Douglas.
Yes: Baker, Beamish, Mercer, Howe and Douglas.
No: Bretland. RESOLUTION ADOPTED
RESOLUTION NO. R-30-2000
RESOLUTION AUTHORIZING THE APPLICATION OF R&D MACHINE INC. TO THE CITY OF TROY'S ECONOMIC DEVELOPMENT CDBG REVOLVING LOAN FUND, AND DECLARING AN EMERGENCY
This Resolution was given first title reading.
Mr. Beamish moved for suspension of rules requiring three readings. Motion seconded by Mr. Douglas.
Yes: Beamish, Mercer, Howe, Bretland, Douglas and Baker.
No: None.
Mr. Douglas moved for adoption. Motion seconded by Mr. Mercer.
Yes: Mercer, Howe, Douglas, Baker and Beamish.
No: Bretland. RESOLUTION ADOPTED
RESOLUTION NO. R-31-2000
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ADVERTISE FOR BIDS AND ENTER INTO AN AGREEMENT WITH FIRE-SAFETY SERVICES, INC. FOR A SELF CONTAINED BREATHING APPARATUS (SCBA) REBUILD PROJECT
This Resolution was given first title reading.
Mr. Bretland moved for suspension of rules requiring three readings. Motion seconded by Mrs. Baker.
Yes: Howe, Bretland, Douglas, Baker, Beamish and Mercer.
No: None.
Mr. Beamish moved for adoption. Motion seconded by Mr. Howe.
Yes: Bretland, Douglas, Baker, Beamish, Mercer and Howe.
No: None RESOLUTION ADOPTED
ORDINANCE NO. O-18-2000
ORDINANCE ADOPTING A STATEMENT OF MUNICIPAL SERVICES TO BE PROVIDED TO A 39.721 ACRE TRACT IN CONCORD TOWNSHIP SOUGHT TO BE ANNEXED
This Ordinance was given first title reading.
Mr. Douglas moved for suspension of rules requiring three readings. Motion seconded by Mr. Beamish.
Yes: Douglas, Baker, Beamish, Mercer, Howe and Bretland.
No: None.
Mr. Douglas moved for adoption. Motion seconded by Mr. Mercer.
Yes: Baker, Beamish, Mercer, Howe, Bretland and Douglas.
No: None ORDINANCE ADOPTED
5-15-2000 p.5
ORDINANCE NO. O-19-2000
ORDINANCE ACCEPTING THE DEDICATION OF TWENTY FOOT WIDE ALLEY OVER PART OF INLOT 263
This Ordinance was given first title reading.
Mr. Douglas moved for suspension of rules requiring three readings. Motion seconded by Mr. Mercer.
Yes: Beamish, Mercer, Howe, Bretland, Douglas and Baker.
No: None.
Mrs. Baker moved for adoption. Motion seconded by Mr. Douglas.
Yes: Mercer, Howe, Bretland, Douglas, Baker and Beamish.
No: None ORDINANCE ADOPTED
ORDINANCE NO. O-20-2000
ORDINANCE ACCEPTING THE TATCO-TROY REPLAT OF INLOTS 250, 251, 252, 253, 254, 265, 266, 267 AND 7127, AND CERTAIN PREVIOUSLY VACATED ALLEY RIGHTS-OF-WAY, AND THE DEDICATION OF CERTAIN RIGHT-OF-WAY
This Ordinance was given first title reading.
Mrs. Baker moved for suspension of rules requiring three readings. Motion seconded by Mr. Douglas.
Yes: Howe, Bretland, Douglas, Baker, Beamish and Mercer.
No: None.
Mr. Beamish moved for adoption. Motion seconded by Mr. Mercer.
Yes: Bretland, Douglas, Baker, Beamish, Mercer and Howe.
No: None ORDINANCE ADOPTED
ORDINANCE NO. O-21-2000
ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF TROY, OHIO TO ENTER INTO AN ESCROW AGREEMENT REGARDING ECONOMIC DEVELOPMENT REVENUE BONDS AND DECLARING AN EMERGENCY
This Ordinance was given first title reading.
Mrs. Baker moved for suspension of rules requiring three readings. Motion seconded by Mr. Mercer.
Yes: Howe, Bretland, Douglas, Baker, Beamish and Mercer.
No: None.
Mr. Douglas moved for adoption. Motion seconded by Mr. Beamish.
Yes: Bretland, Douglas, Baker, Beamish, Mercer and Howe.
No: None ORDINANCE ADOPTED
COMMENTS OF SERVICE & SAFETY DIRECTOR: Mr. Wolke noted that City Engineer Paul Huelskamp has submitted his resignation and will be taking a position with Miami County.
COMMENTS OF COUNCIL:
(discussion on televising of Council meetings) Mrs. Baker asked about the status of a decision on the wiring of Council Chambers, as part of the renovation, so that meetings could be televised. The Public Works Director stated that, based on the contractor's schedule, there was yet time to make that decision, and Mr. Lohrer commented that he felt more Council discussion would take place on the subject. Mrs. Baker made the following motion: "I move that Council Chambers be wired for the use of video camera equipment as part of the currently planned remodeling; and that televising the Council meetings live on Troy Public Access television begin at the first meeting in the newly remodeled Council Chambers. This issue could be revisited in one year to evaluate its success. Funding for this wiring, equipment, and televising of meetings will be provided by cable television franchise revenues at no additional expense to the taxpayers." Mr. Douglas indicated he felt that the part of the motion that may be the most uncertain would be televising the meetings live and suggested there be more review and discussion before such a motion should be made. Vote on motion: Yes - Baker and Bretland. No - Beamish, Douglas, Mercer and Howe. Motion Failed. Mr. Lohrer indicated that there would be more discussion on the issue at a later point.
-Mr. Howe asked about the status of work on Treasure Island. Mr. Wolke commented that preliminary discussions have been held with John Edsall, recreation architect.
5-15-2000 page 6
-Mr. Beamish commented on the excellent DARE program and suggested that the next step would be for the City to consider an addition of a "school resource officer" and that ways to fund this be explored, including school funding and grants.
STAFF COMMENTS:
-Mr. Tim Mercer, Superintendent of Parks, provided an update on preparing the parks for summer and planned improvements such as the new playground equipment for the Troy Community Park.
AUDIENCE COMMENTS:
-Harry Richardson, 594 Meadow Lane, suggested reviewing alternate traffic patterns to take traffic from the Community Park area to Westbrook.
A motion was made by Mr. Beamish, seconded by Mr. Howe, that Council recess into executive session to consider pending litigation, consider the purchase property for a public purpose, and discuss negotiations with our public employees concerning their terms and conditions of employment. Motion passed by unanimous roll call vote.
At 9:06 p.m. Council recessed into executive session. At 9:37 p.m. Council returned from executive session. A motion was made by Mr. Beamish, seconded by Mr. Bretland, to amend the Agenda to add Resolution Numbers R-32-2000 and R-33-2000. Motion passed by unanimous roll call vote.
RESOLUTION NO. R-32-2000
RESOLUTION AUTHORIZING THE BOARD OF PARK COMMISSIONERS TO ENTER INTO AN AGREEMENT WITH THE AFSCME LOCAL 1342P AND DECLARING AN EMERGENCY
This Resolution was given first title reading.
Mr. Howe moved for suspension of rules requiring three readings. Motion seconded by Mrs. Baker.
Yes: Howe, Bretland, Douglas, Baker, Beamish and Mercer.
No: None.
Mr. Howe moved for adoption. Motion seconded by Mr. Mercer.
Yes: Bretland, Douglas, Baker, Beamish, Mercer and Howe.
No: None RESOLUTION ADOPTED
RESOLUTION NO. R-33-2000
RESOLUTION AUTHORIZING PAYMENT TO CHAMPAIGN RESIDENTIAL SERVICES, INC. AND DECLARING AN EMERGENCY
This Resolution was given first title reading.
Mr. Howe moved for suspension of rules requiring three readings. Motion seconded by Mr. Beamish.
Yes: Douglas, Baker, Beamish, Mercer, Howe and Bretland.
No: None.
Mr. Beamish moved for adoption. Motion seconded by Mr. Howe.
Yes: Baker, Beamish, Mercer, Howe and Bretland.
No: Douglas. RESOLUTION ADOPTED
There being no further business, Council adjourned at 9:45 p.m.
_________/s/_________________
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President of
Council
Clerk of Council