February 19, 2002
MINUTES OF COUNCIL


A regular session of Troy City Council was held Tuesday, February 19, 2002, at 7:00 p.m. in Council Chambers.

Members Present: Baker, Beamish, Bretland, Cultice, Mercer, Saxton and Wise.

Presiding Officer: William F. Lohrer, President of Council

Others Present: Peter E. Jenkins , Mayor
Sue G. Knight, Acting Director of Public Service & Safety
W. McGregor Dixon, Jr., Director of Law
R. Craig Helmer, Auditor

INVOCATION: Rev. Fr. Thomas Brunner, St. Patrick Church, gave an invocation.

MINUTES: The Clerk gave a summary of February 4, 2002 meeting of Council. There were no corrections or additions in this regard, and upon motion of Mrs. Baker, seconded by Mrs. Saxton, these minutes were approved by unanimous roll call vote.

COMMITTEE REPORTS:
FINANCE. Mr. Beamish, Chairman, reported that Committee recommends legislation be prepared to approve the funding for 2002 for Troy Main Street at $95,000.
Report signed by Cultice, Mercer and Beamish.
Mr. Beamish gave the oral report that Committee plans to review the budget with all members of Council at the Feb. 25 committee meeting session.

LAW & ORDINANCE: Mrs. Saxton, Chairman, reported as follows: 1) Committee recommends legislation be prepared to accept the final plat of the Edgewater Subdivision Section Two (38 single-family lots of minimum 9,000 sq. ft.) including City payment to the developer for oversizing of $19,018.65 for water line and $15,456 for sanitary sewer.
2) Committee recommends legislation be prepared to approve the vacation of a utility easement requested by the owner of the Troy Towne Center, with the easement located at the east end of the center, so that the utilities can be moved to permit possible expansion of WalMart, noting that the relocated easements will have to be dedicated at some point in the future.
Reports signed by Beamish, Mercer and Saxton.

RECREATION AND PARKS: Mr. Bretland, Chairman, reported that Committee recommends legislation be prepared authorizing the Recreation Board to advertise for bids and enter into a contract for the concession operations at the N. Market St. ball field, the Duke Park ball field, and the Duke Park Little League ball field.
Report signed by Saxton, Wise and Bretland.
Discussion. Mr. Mercer asked if the Recreation Board or Park Board should bid the concessions, and Mr. Dixon advised that it had been determined the correct entity is the Recreation Board.

UTILITIES: Mr. Mercer, Chairman, reported as follows: 1) Committee recommends legislation be prepared authorizing generator studies to determine how much generator power would be needed for the utility plants, some lift stations and one well field; specifically authorizing an agreement with the firm of Black & Veatch to perform the water plant generator study at a cost not to exceed $49,700 and an agreement with the firm of Malcolm Pirnie, Inc. to perform the wastewater plant generator study at a cost not to exceed $67,000. Committee also asked the Administration to contact both companies to determine costs for a generator study for City Hall.
Discussion. Mrs. Saxton asked about the cost for the City Hall study, and was advised that the price for that study has not yet been determined and was not to be included in either piece of legislation for the plant studies.
2) Committee recommends legislation be prepared authorizing an agreement with the firm of Black & Veatch in an amount not to exceed $74,800 to provide a Water System Model update. This work will provide a computer-based model to outline anticipated water system improvements through 2010, and will include information on how to best design the extra high service line for the area north of W. Main and west of the Experiment Farm Rd./Kings Chapel area.
3) Committee recommends legislation be prepared authorizing the Director of Public Service and Safety to enter into a Memorandum of Understanding with the Village of West Milton whereby Troy will reimburse West Milton for up to $55,000 for the design of the Troy Water Connection Project, which will be the design of a water main from the current terminus near Nashville Road into West Milton, with Troy being responsible for the area from Nashville to near Harter Road. This will make it possible for West Milton to purchase water from Miami County through the County's

2-19-02 page two

current agreement with the City, which agreement includes the County's water usage not to exceed an average of 1 MGD. Under this agreement, the County pays 10% over the City rates. The County's actual average daily usage is now .25 MGD and with West Milton's usage not expected to exceed .5 MGD, the County can still add customers due to growth. Committee noted that the City will also be responsible for sharing in the construction of the water main, at a cost of about $1,000,000 for the Troy portion; however, the County's increased payment to the City for West Milton water is anticipated to bring in over $250,000 annually, thus allowing a payback of less than five years for design and construction, with the revenue continuing thereafter. Committee also noted that the agreement between the City and County for the sale of water will need to be amended based on including West Milton and should probably be extended for 20 years from the amendment date.
Reports signed by Saxton, Wise and Mercer.
Discussion. Mayor Jenkins commented that West Milton City Manager Mr. Gabbard was present and asked him if the half-million gallon daily usage was accurate. Mr. Gabbard commented that usage will fluctuate with the seasons but the average daily flow would be just under .5 MGD. Mr. Gabbard also commented that Troy's staff was very professional in discussing this proposal, and that West Milton Council has authorized the design.

RESOLUTION NO. R-14-02
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO, TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE VILLAGE OF WEST MILTON CONCERNING WATER SUPPLY

This Resolution was given first title reading.

Mr. Mercer moved for suspension of rules requiring three readings. Motion seconded by Mrs. Baker.
Yes: Beamish, Cultice, Bretland, Baker, Mercer, Wise and Saxton.
No: None.
Mrs. Saxton moved for adoption. Motion seconded by Mr. Beamish.
Yes: Cultice, Bretland, Baker, Mercer, Wise, Saxton and Beamish
No: None. RESOLUTION ADOPTED

RESOLUTION NO. R-15-02
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO, TO ENER INTO AN AGREEMENT WITH MALCOLM PIRNIE, INC. TO PERFORM A GENERATOR STUDY FOR THE WASTEWATER PLANT

This Resolution was given first title reading.

Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Mercer.
Yes: Bretland, Baker, Mercer, Wise, Saxton, Beamish and Cultice.
No: None.
Mrs. Baker moved for adoption. Motion seconded by Mr. Wise.
Yes: Baker, Mercer, Wise, Saxton, Beamish, Cultice and Bretland.
No: None. RESOLUTION ADOPTED

RESOLUTION NO. R-16-02
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO A CONTRACT WITH BLACK AND VEATCH TO PERFORM A GENERATOR STUDY FOR THE WATER PLANT

This Resolution was given first title reading.

Mr. Mercer moved for suspension of rules requiring three readings. Motion seconded by Mr. Beamish.
Yes: Mercer, Wise, Saxton, Beamish, Cultice, Bretland and Baker.
No: None.
Mr. Mercer moved for adoption. Motion seconded by Mrs. Saxton.
Yes: Wise, Saxton, Beamish, Cultice, Bretland, Baker and Mercer.
No: None. RESOLUTION ADOPTED




2-19-02 page three


RESOLUTION NO. R-17-02
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO A CONTRACT WITH BLACK AND VEATCH TO REVIEW AND REPORT RECOMMENDED UPDATES TO THE CITY'S WATER SYSTEM

This Resolution was given first title reading.

Mr. Beamish moved for suspension of rules requiring three readings. Motion seconded by Mr. Wise.
Yes: Saxton, Beamish, Cultice, Bretland, Baker, Mercer, and Wise
No: None.
Mr. Wise moved for adoption. Motion seconded by Mrs. Saxton.
Yes: Beamish, Cultice, Bretland, Baker, Mercer, Wise and Saxton.
No: None. RESOLUTION ADOPTED

RESOLUTION NO. R-18-02
RESOLUTION APPROVING FUNDING TO TROY MAIN STREET, INC.

This Resolution was given first title reading.

Mr. Beamish moved for suspension of rules requiring three readings. Motion seconded by Mr. Cultice.
Yes: Cultice, Bretland, Baker, Mercer, Wise, Saxton and Beamish.
No: None.
Mr. Beamish moved for adoption. Motion seconded by Mrs. Baker.
Yes: Bretland, Baker, Mercer, Wise, Saxton, Beamish and Cultice.
No: None. RESOLUTION ADOPTED

RESOLUTION NO. R-19-02
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO AN AGREEMENT WITH MIAMI COUNTY FOR PROSECUTORIAL SERVICES

This Resolution was given first title reading.

Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Mercer.
Yes: Baker, Mercer, Wise, Saxton, Beamish, Cultice and Bretland.
No: None.
Mrs. Saxton moved for adoption. Motion seconded by Mr. Cultice.
Yes: Mercer, Wise, Saxton, Beamish, Cultice, Bretland and Baker.
No: None. RESOLUTION ADOPTED

RESOLUTION NO. R-20-02
RESOLUTION AUTHORIZING THE RECREATION BOARD OF THE CITY OF TROY, OHIO TO ADVERTISE FOR BIDS AND INTO A CONTRACT FOR THE OPERATION OF CONCESSIONS AT THE DUKE PART BALL FIELD, THE DUKE PARK LITTLE LEAGUE FIELD AND THE NORTH MARKET STREET BALL FIELDS

This Resolution was given first title reading.

Mr. Wise moved for suspension of rules requiring three readings. Motion seconded by Mr. Bretland.
Yes: Wise, Saxton, Beamish, Cultice, Bretland, Baker and Mercer.
No: None.
Mr. Wise moved for adoption. Motion seconded by Mrs. Saxton.
Yes: Saxton, Beamish, Cultice, Bretland, Baker, Mercer and Wise.
No: None. RESOLUTION ADOPTED

ORDINANCE NO. O-3-02
ORDINANCE ACCEPTING THE FINAL PLAT OF EDGEWATER SECTION TWO IN THE CITY OF TROY, OHIO

This Ordinance was given first title reading.


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Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Mercer.
Yes: Beamish, Cultice, Bretland, Baker, Mercer, Wise and Saxton.
No: None.
Mrs. Saxton moved for adoption. Motion seconded by Mrs. Baker.
Yes: Cultice, Bretland, Baker, Mercer, Wise, Saxton and Beamish.
No: None. ORDINANCE ADOPTED

ORDINANCE NO. O-4-02
ORDINANCE ACCEPTING AN EASEMENT VACATION PLAT IN THE CITY OF TROY, OHIO AND VACATING AN EASEMENT
This Ordinance was given first title reading.

Mr. Beamish moved for suspension of rules requiring three readings. Motion seconded by Mrs. Baker.
Yes: Bretland, Baker, Mercer, Wise, Saxton, Beamish and Cultice.
No: None.
Mrs. Saxton moved for adoption. Motion seconded by Mr. Wise.
Yes: Baker, Mercer, Wise, Saxton, Beamish, Cultice and Bretland.
No: None. ORDINANCE ADOPTED

ORDINANCE NO. O-5-02
ORDINANCE TO ACCEPT THE APPLICATION FOR THE ANNEXATION OF CERTAIN TERRITORY CONTAINING 32.661 ACRES, MORE OR LESS, IN CONCORD TOWNSHIP TO THE CITY OF TROY, OHIO

This Ordinance was given first title reading.

COMMENTS OF MAYOR: Mayor Jenkins commented that he continues to work on permanently filling the position of Director of Public Service and Safety. The Mayor also noted that on 2-19-02 he attended the ribbon cutting for Superior Fabricating & Welding, Inc. He further commented that he rides with the Police Department night shift a few times a week and feels the officers are, over all, doing a good job.

COMMENTS OF DIRECTOR OF LAW: Mr. Dixon stated that by the next meeting he hopes that the City has received the deed to the Shanesy property, the purchase of which Council authorized in December 2001.

COMMENTS OF COUNCIL PRESIDENT: Mr. Lohrer thanked Mr. Helmer for his assistance in the budget meetings.

COUNCIL COMMENTS:
. Mrs. Saxton congratulated Asst. City Engineer Stan Kegley on receiving the Chamber's Dr. Robert Davies Young Man of the Year Award.
. At the request of Mrs. Saxton, Steve Dunn of the Public Access TV channel was present to discuss if/when a program called "People, Places & Things" would be back on the air. Mr. Dunn stated he was not sure of that, and discussed some concerns public access has had with tapes requested to be played and that the Board is working on new rules and regulations to handle recent concerns.
The administration will check into the following comments:
- Mrs. Baker, noting that a traffic fatality occurred at Main and Elm, asked if any roadway improvement is planned for this area.
- Mayor Jenkins asked about plans to replace the McKaig and Dorset blinking light with a traffic light.
- Mr. Mercer asked about placing two parking spaces on S. Market across from the Post Office where mailboxes had been removed.
. Mr. Mercer asked about Graeters Ice Cream coming to Troy. The Mayor, who had invited company officials to Troy, commented that Graeters is locating a store in Oakwood this summer, makes decisions in a deliberate fashion, and has promised to continue to look at Troy. In this regard, Carri Walters, Director of Troy Main Street, indicated contact with Graeters officials would be maintained.


There being no further comments, Council adjourned at 8:20 p.m.



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President of Council                                   Clerk of Council