September 18, 2000
MINUTES OF COUNCIL
A regular session of Troy City Council was held Monday, September 18, 2000, at 7:30 p.m. at the Community Room, Public Square (temporary meeting place).
Members Present: Baker, Beamish, Bretland, Douglas, Howe, Mercer and Saxton.
Presiding Officer: William F. Lohrer, President of Council
Others Present: Peter E. Jenkins, Mayor
W. McGregor Dixon, Jr., Director of Law
R. Craig Helmer, Auditor
INTRODUCTION: New and outgoing members of the Youth Council were introduced. (A group of students representing both public and private schools, who volunteer at various events, and serve as student ambassadors.)
PRESENTATION: Mr. McHugh, of the law firm of Altick & Corwin, the attorneys hired to investigate and report on the ownership of Stouder Memorial Hospital, presented their report to Council. (A copy of this report will be attached as part of the original minutes.) In summary, the firm found that: UVMC had good and lawful title to all of the assets as of the effective date of the merger; the City of Troy does not have any claim, legal or equitable to any interest in the assets of the Stouder Memorial Hospital Assoc.; the residents of the City of Troy, as a class, does not have any claim, legal or equitable to any interest in the assets of the Stouder Memorial Hospital Assoc., and no terms or conditions of the "Stouder Trust" or of Sections 109.34 and 109.35 of the ORC were violated or not complied with in connection with the ownership of the Stouder Memorial Hospital (in fact, Mr. McHugh stated that no Stouder Trust was established by Mr. Stouder). As a final conclusion, the report recommended that "...it would be in the best interest of the City of Troy and its residents to bring closure to this matter."
The Clerk gave a summary of the September 5, 2000, minutes of Council. There were no additions or corrections to these minutes. Upon motion of Mr. Douglas, seconded by Mr. Howe, these minutes were approved by unanimous roll call vote.
COMMITTEE REPORTS:
FINANCE: Mr. Beamish, Chairman, reported that Committee recommends legislation be prepared accepting the tax rates, which are based on the City's tax budget, for both the Troy and Miami East School Districts, with the legislation as an emergency measure in that the County requires approval by October 1.
Report signed by Douglas, Mercer and Beamish.
LAW & ORDINANCE: Mr. Douglas, Chairman, reported that Committee recommends approval of Ordinance No. O-36-2000, the planned development for the property formerly known as Stouder Memorial Hospital.
Report signed by Mercer, Saxton and Douglas.
RESOLUTION NO. R-53-2000
RESOLUTION AUTHORIZING TAX LEVIES FOR THE CITY OF TROY, OHIO FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2001 AS DETERMINED BY THE BUDGET COMMISSION AND CERTIFYING SUCH LEVIES TO THE COUNTY AUDITOR AND DECLARING AN EMERGENCY
This Resolution was given first title reading.
Mr. Beamish moved for suspension of three readings. Motion seconded by Mr. Douglas.
Yes: Mercer, Bretland, Saxton, Douglas, Howe, Baker and Beamish,
No: None.
Mr. Mercer moved for adoption. Motion seconded by Mrs. Saxton
Yes: Bretland, Saxton, Douglas, Howe, Baker, Beamish and Mercer.
No: None. RESOLUTION ADOPTED
RESOLUTION NO. R-54-2000
RESOLUTION AUTHORIZING TAX LEVIES FOR THE CITY OF TROY, OHIO FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2001 AS DETERMINED BY THE BUDGET COMMISSION AND CERTIFYING SUCH LEVIES TO THE COUNTY AUDITOR AND DECLARING AN EMERGENCY
This Resolution was given first title reading.
9-18-2000 page two
Mr. Douglas moved for suspension of three readings. Motion seconded by Mr. Beamish.
Yes: Saxton, Douglas, Howe, Baker, Beamish, Mercer and Bretland.
No: None.
Mrs. Saxton moved for adoption. Motion seconded by Mr. Douglas.
Yes: Douglas, Howe, Baker, Beamish, Mercer, Bretland and Saxton.
No: None. RESOLUTION ADOPTED
ORDINANCE NO. O-36-2000
ORDINANCE CHANGING ZONING FOR OUTLOT 235 IN THE CITY OF TROY, OHIO, FROM R-7, MULTIPLE DWELLING DISTRICT AND ADOPTING A PLANNED DEVELOPMENT
This Ordinance was given first title reading on 8-21-2000.
Given public hearing and second title reading on 9-5-2000.
Given second title reading.
Mr. Douglas moved for adoption. Motion seconded by Mr. Mercer.
Mr. Bretland stated that while he did object to the reuse proposed in the Ordinance, he suggested the Ordinance not be acted on at this meeting as the report had just been received regarding ownership issues associated with the former Stouder Memorial Hospital buildings and a review of that report might result in an issue that would impact the zoning change for reuse of the buildings. Mr. Douglas commented that he felt there was no need to further delay action on the Ordinance and called for a vote.
Yes: Howe, Baker, Beamish, Mercer, Bretland, Saxton and Douglas.
No: None. ORDINANCE ADOPTED
COMMENTS OF COUNCIL: Mr. Beamish, who serves on the City-School Committee to review the merits of considering a school resource officer (a police officer funded by the City) commented that the Committee has met, reviewed the types of tasks that might be performed by a resource officer, noted that the DARE officer assigned to the Junior High School is actually at the high school two days a week, it appears that what is being done may be adequate, and the committee had decided to postpone any further recommendation until statistics are available regarding the 2nd quarter of the school year.
AUDIENCE COMMENTS: Alan Kappers, 744 Ridge Ave, commented regarding the reuse of the former Stouder Hospital and noted: while there was only one resident who spoke at the public hearing of Council, the neighbors, developer and staff had participated in several meetings, and a number of the issues of the neighbors were included in the final plan, the neighbors are looking at what is beneficial to the neighborhood, and asked Council to see that the provisions of the plan are enforced and followed, including having staff make unannounced visits to the building to be sure that all commitments are made, including those regarding the interior and use of the building.
Jean Melvin, 25 N. Walnut, commented that she feels Mr. Cole has done an excellent job with other buildings he has purchased and refurbished and she is confident he will do the same for Stouder Center.
A motion was made by Mr. Beamish, seconded by Mr. Douglas, to recess into executive session to discuss negotiations with our public employees concerning their terms and conditions of employment. This motion was passed by unanimous roll call vote. At 8:13 p.m. Council adjourned into executive session. At 9:08 p.m., Council returned from executive session, made on further comment, and adjourned.
________________/s/___________________ __________________/s/_____________________
President of Council
Clerk of Council