MINUTES OF COUNCIL

A regular session of Troy City Council was held Monday, May 6, 2002, at 7:00 p.m. in Council Chambers.

Members Present: Beamish, Bretland, Cultice, Mercer, Saxton and Wise.
Upon motion of Mr. Bretland, seconded by Mrs. Saxton., Mrs. Baker was excused from this meeting by unanimous roll call vote.

Presiding Officer: William F. Lohrer President of Council

Others Present: Peter E. Jenkins, Mayor
David E. Anderson, Director of Public Service & Safety (appointed 5-6-02)
W. McGregor Dixon, Jr., Director of Law
R. Craig Helmer, Auditor

MINUTES: The Clerk gave a summary of April 15, 2002 meeting of Council. There were no corrections or additions in this regard, and upon motion of Mrs. Saxton, seconded by Mr. Mercer, these minutes were approved by unanimous roll call vote.

COMMITTEE REPORTS:
BUILDINGS, STREETS & SIDEWALKS: Mr. Bretland reported as follows: 1) Committee recommends legislation be prepared authorizing the final assessment for the Commerce Center Blvd. construction so that the City can recoup the construction costs plus the administrative fee for a total of $245,574.05. It was noted that the property owner can pay the entire amount or have it assessed over 10 years. 2) Committee recommends legislation be prepared authorizing the Director of Public Service and Safety to advertise for bids and enter into a contract for the sanitary sewer manhole repair/replacement program at a cost not to exceed $80,000.
Reports signed by Cultice and Bretland.

FINANCE: Mr. Beamish, Chairman, reported as follows: 1) Committee recommends legislation be prepared providing for slight increases to some Cemetery fees and to no longer provide for services on Sundays and holidays effective 8-1-02. It was noted that other area cemeteries do not have Sunday/holiday services. 2) Committee concurs with the plans of the Auditor to issue bonds (borrow) for the Stadium Improvement and the West Milton Water Line construction, including the bond issue costs in the bond amount if that is more financially advantageous to the City.
Reports signed by Cultice, Mercer and Beamish.

LAW & ORDINANCE: Mrs. Saxton, Chairman, reported as follows: 1) Committee recommends legislation be prepared amending ordinances to only permit defined motor vehicles to park on public streets and alleys, but not exceeding 72 hours in any one place, and to prohibit all other items, such as campers, trailers, boats, from such parking except for loading and unloading. 2) Committee recommends legislation be prepared to approve the vacation of an unimproved alley between 252 and 254 S. Union Street. 3) Committee recommends legislation approving amendments to the bylaws of the Miami Valley Risk Management Association, the municipal insurance pool of which Troy is one of 17 members. 4) Committee recommends legislation be prepared accepting the final plat of Maplecrest Subdivision (30 R-4 lots south of Troy-Urbana Rd.) acceptance of $7,997.62 as fees-in-lieu of dedicated park land (park land requirement would be very small), dedication of right-of-way on Troy-Urbana Road to provide for a 60' total right-of-way, and the payment by the City for waterline oversizing not to exceed $20,000. 5) Committee recommends legislation be prepared accepting the final plat of Stanfield Place Section Two (42 lots zoned R-7).
Report signed by Mercer, Beamish and Saxton.

UTILITIES: Mr. Mercer, Chairman, reported as follows: 1) Committee recommends legislation be prepared authorizing the Director of Public Service and Safety to enter into a contract with a sole source vendor, Ott Systems, in an amount not to exceed $60,000, to purchase replacement diffusers to match those being used, which is part of the aeration process at the Wastewater Treatment Plant. 2) Committee recommends legislation be prepared authorizing the Director of Public Service and Safety to advertise for bids and enter into a contract for the Staunton Road Storm Sewer at a cost not to exceed $75,000.
Reports signed by Saxton, Wise and Mercer.




5-6-02 page two

RESOLUTION NO. R-35-02
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY TO ADVERTISE FOR BIDS AND ENTER INTO A CONTRACT FOR THE STAUNTON ROAD STORM SEWER REPLACEMENT

This Resolution was given first title reading.

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

RESOLUTION NO. R-36-02
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY TO ENTER INTO A CONTRACT WITH OTT SYSTEMS FOR PURCHASE OF DIFFUSERS FOR AERATION IMPROVEMENTS AT THE WASTEWATER TREATMENT PLANT

This Resolution was given first title reading.

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

RESOLUTION NO. R-37-02
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY TO ADVERTISE FOR BIDS AND ENTER INTO A CONTRACT FOR THE SANITARY SEWER MANHOLE IMPROVEMENT PROGRAM

This Resolution was given first title reading.

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

ORDINANCE NO. O-14-02
ORDINANCE LEVYING ASSESSMENTS

This Ordinance was given first title reading.

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


ORDINANCE NO. O-15-02
ORDINANCE VACATING AN UNIMPROVED ALLEY BETWEEN 252 AND 254 SOUTH UNION STREET IN THE CITY OF TROY, OHIO

This Ordinance was given first title reading.


5-6-02 page three


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

ORDINANCE NO. O-16-02
ORDINANCE ACCEPTING THE FINAL PLAT OF STANFIELD PLACE SUBDIVISION, SECTION TWO

This Ordinance was given first title reading.

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

ORDINANCE NO. O-17-02
ORDINANCE ACCEPTING THE FINAL PLAT OF MAPLECREST SUBDIVISION IN THE CITY OF TROY, ACCEPTING GREEN SPACE FEES, AUTHORIZING OVERSIZING AND DEDICATING CERTAIN RIGHT-OF-WAY

This Ordinance was given first title reading.

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

ORDINANCE NO. O-18-02
ORDINANCE AMENDING THE BY-LAWS OF THE MIAMI VALLEY RISK MANAGEMENT ASSOCIATION, INC.

This Ordinance was given first title reading.

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

ORDINANCE NO. O-19-02
ORDINANCE AMENDING SECTION 935.07 OF THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO RELATING TO CEMETERY FEES

This Ordinance was given first title reading.

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



5-6-02 page four


ORDINANCE NO. O-20-02
ORDINANCE ACCEPTING THE APPLICATION FOR THE ANNEXATION OF CERTAIN TERRITORY CONTAINING 59.533 ACRES, MORE OR LESS, IN CONCORD TOWNSHIP TO THE CITY OF TROY, OHIO
(note - Holter Annexation)
This Ordinance was given first title reading.

ORDINANCE NO. O-21-02
ORDINANCE ACCEPTING THE APPLICATION FOR THE ANNEXATION OF CERTAIN TERRITORY CONTAINING 260.788 ACRES, MORE OR LESS, IN CONCORD TOWNSHIP TO THE CITY OF TROY, OHIO
(note-WACO Annexation)

This Ordinance was given first title reading.

ORDINANCE NO. O-22-02
ORDINANCE AMENDING SECTION 351.13 OF THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO RELATED TO THE USE OF PUBLIC STREETS AND ALLEYS WITH RESPECT TO THE PARKING OF CERTAIN TYPES OF VEHICLES AND WATERCRAFT

This Ordinance was given first title reading.

ORDINANCE NO. O-23-02
AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF BONDS IN THE MAXIMUM PRINCIPAL AMOUNT OF $1,020,000 FOR THE PURPOSE OF PAYING COSTS OF IMPROVING THE WATER DISTRIBUTION SYSTEM OF THE CITY BY CONSTRUCTING A WATER LINE TO PROVIDE WATER SERVICE TO THE VILLAGE OF WEST MILTON, OHIO, MIAMI COUNTY, OHIO AND OTHER USERS OF THE WATER DISTRIBUTION SYSTEM OF THE CITY, TOGETHER WITH ALL RELATED APPURTENANCES AND DECLARING AN EMERGENCY

This Ordinance was given first title reading.

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

ORDINANCE NO. O-24-02
AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF BONDS IN THE MAXIMUM PRINCIPAL AMOUNT OF $3,055,000 FOR THE PURPOSE OF PAYING COSTS OF IMPROVING THE PARKS AND RECREATION FACILITIES OF THE CITY BY RENOVATING AND IMPROVING MEMORIAL STADIUM, INCLUDING THE CONSTRUCTION OF NEW RESTROOMS, CONCESSION AREAS, STORAGE AREAS, LOCKER ROOMS, MULTIPURPOSE ROOMS AND THE RELOCATION OF RELATED WATER LINES, TOGETHER WITH ALL RELATED APPURTENANCES AND DECLARING AN EMERGENCY

This Ordinance was given first title reading.

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



COMMENTS OF SERVICE AND SAFETY DIRECTOR: Mr. Anderson stated his first day on the job had been hectic.



5-6-02 page five


COUNCIL COMMENTS:
.Mr. Bretland stated he was still awaiting responses to letters he'd sent annexation petitioners asking about the benefits of annexing their property, especially he was waiting to hear from those regarding the WACO annexation.
.Mr. Bretland commented that he continued to see no value to Ordinance O-22-02, which prohibits large size vehicles/boats/trailers from parking on City streets.
.Mr. Beamish encouraged students and other citizens to attend committee sessions, noting that much of the discussion and explanation of the issues takes place in committee sessions.

STAFF COMMENTS:
.Development Director James Dando, who had just returned from the trade mission to Europe, stated some very positive meetings had been held.

AUDIENCE COMMENTS:
.Joyce Rieves of DP&L introduced Christina Goodwin, who will also be attending Troy Council meetings for DP&L.



There being no further comments, Council adjourned at 7:55 p.m.



_______________/s/_______________ ____________________/s/______________
President of Council                             Clerk of Council