August 5, 2002

MINUTES OF COUNCIL

A regular session of Troy City Council was held Monday, August 5, 2002, at 7:00 p.m. in Council Chambers.

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

Presiding Officer: William F. Lohrer, President of Council

Others Present: David E. Anderson, Director of Public Service & Safety
R. Craig Helmer, Auditor
W. McGregor Dixon, Jr., Director of Law

An invocation was given by Councilmember Wise.

PUBLIC HEARING. At 7:02 p.m. Mr. Lohrer opened the public hearing on the rezoning covered by Ordinance No. O-32-02. Applicant William Yates, 7714 W. Emerick Road, West Milton, commented that he was available for questions. Mr. Mercer asked Mr. Yates to be present at the committee meeting to review this Ordinance, which meeting will be held 8-15, 5 p.m. There were no further comments in this regard, and at 7:05 p.m., Mr. Lohrer declared this public hearing closed.

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

COMMITTEE REPORTS:
LAW & ORDINANCE. Mr. Mercer reported as follows: 1) Committee recommends Ordinance No. O-30-02, rezoning of 1900 Experiment Farm Road, be approved. 2) Committee recommends legislation be prepared approving the dedication of a strip 20'x78.6' on Experiment Farm Road be approved. 3) Committee recommends legislation be prepared authorizing the City to enter into an agreement with the Ohio Department of Development and the Ohio Department of Health to follow the procedures of those agencies for the use of CDBG funds on projects that may have a lead-based paint hazard.
Reports signed by Beamish and Mercer.

RECREATION AND PARKS. Mr. Bretland, Chairman, reported that Committee recommends legislation be prepared authorizing bidding for the Troy Memorial Stadium Renovation at a cost not to exceed $3,000,000, with Committee noting that two agreements remain to be worked out - one with the Board of Education for the use of the Stadium and one with the Troy Football Parents Assoc. for the area that group asked be constructed.
Report signed by Wise and Bretland.
Discussion. Mr. Mercer asked for clarification if it is the Football Parents organization the agreement will be with, and Mr. Anderson stated that is correct, but the agreement specified no exclusive or all year preferred use.
Mrs. Baker asked if handicap accessibility is part of the project, and Mr. Bretland (who attended many of the meetings on this project) stated accessibility and seating are part of the project.

SAFETY & HEALTH. Mr. Cultice, Chairman, reported as follows: 1) Committee recommends legislation be prepared authorizing an agreement with UVMC for firefighter physicals at a cost not to exceed $32,000. 2) Committee recommends legislation be prepared authorizing a contract with W S Electronics for radios for the Fire Department at a cost not to exceed $31,389, with that company being a sole source vendor for compatibility purposes.
Reports signed by Baker, Bretland and Cultice.

RESOLUTION NO. R-53-02
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO AN AGEEMENT WITH UPPER VALLEY MEDICAL CETNER REGARDING ANNUAL FIREFIGHTER PERSONNEL PHYSICLAS
This Resolution was given first title reading.

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

8-5-02 page two


Mrs. Baker moved for adoption. Motion seconded by Mr. Mercer.
Yes: Mercer, Bretland, Beamish, Wise, Baker and Cultice.
No: None. RESOLUTION ADOPTED

RESOLUTION NO. R-54-02
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO, TO ENTER INTO A CONTRACT WITH W.S. ELECTRONICS TO REPLACE RADIOS AT THE FIRE DEPARTMENT

This Resolution was given first title reading.

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

RESOLUTION NO. R-55-02
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 TROY MEMORIAL STADIUM RENOVATION PROJECT

This Resolution was given first title reading.

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

RESOLUTION NO. R-56-02
RESOLUTION ACCEPTING THE TERMS OF AN INTERAGENCY AGREEMENT BETWEEN THE OHIO DEPARTMENT OF DEVELOPMENT AND THE OHIO DEPARTMENT OF HEALTH FOR THE IMPLEMENTATION OF LEAD-BASED PAINT HAZARDS IN COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECTS

This Resolution was given first title reading.

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

ORDINANCE NO. O-30-02
AN ORDINANCE CHANGING ZONING FOR A 0.872 ACRE PARCEL LOCATED IN THE CITY OF TROY, OHIO, FROM M-2, LIGHT INDUSTRIAL ZONING DISTRICT, TO B-2, GENERAL BUSINESS ZONING DISTRICT

This Ordinance was given first title reading on 7-1-02.
Given public hearing and second title reading on 7-15-02.
Given third title reading.

Mr. Mercer moved for adoption. Motion seconded by Mrs. Baker.
Yes: Mercer, Bretland, Beamish, Wise, Baker and Cultice
No: None. ORDINANCE ADOPTED


8-5-02 page three

ORDINANCE NO. O-32-02
AN ORDINANCE CHANGING ZONING FOR A 19.4 ACRE PARCEL LOCATED IN THE CITY OF TROY, OHIO, FROM A-2, AGRICULTURAL DISTRICT, TO R-3, SINGLE FAMILY RESIDENCE DISTRICT

This Ordinance was given first title reading on 7-15-02.
Given public hearing and second title reading on 8-5-02.

ORDINANCE NO. O-33-02
ORDINANCE AMENDING ORDINANCE NO. O-7-02, APPROPRIATING FUNDS NECESSARY FOR THE VARIOUS DEPARTMENTS AND OFFICES OF THE CITY OF TROY, OHIO, FOR THE YEAR 2002 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: Bretland, Beamish, Wise, Baker, Cultice and Mercer.
No: None.
Mr. Beamish moved for adoption. Motion seconded by Mr. Wise.
Yes: Beamish, Wise, Baker, Cultice, Mercer and Bretland.
No: None. ORDINANCE ADOPTED

ORDINANCE NO. O-34-02
ORDINANCE ACCEPTING A DEDICATION OF PUBLIC RIGHT OF WAY ON EXPERIMENT FARM ROAD

This Ordinance was given first title reading.

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

COMMENTS OF SERVICE & SAFETY DIRECTOR. Mr. Anderson commented: 1) Firefighter Dan Stine had been named the August Employee of the Month. 2) While the City was again fogging for mosquitoes this year, the City is looking at working closer with the Health Dept. next year in trapping/counting/examining mosquitoes to see if any viruses are being carried. 3) Thanked Council for the participation in the 2003 Strategic Planning session.

COUNCIL COMMENTS:
-Mrs. Baker thanked staff for having a handicap accessible door installed at City Hall's E. Franklin Street entrance and commented that she would like to see a similar style door installed at the Police Dept. in 2003.
-Mr. Mercer asked about enforcement of the new Ordinance prohibiting certain vehicles/trailers from parking on the street, and Mr. Anderson stated that currently warnings are being issued, and citations will start to be issued to violators within the next couple of weeks. Regarding fines for violations, it was stated the fines are the same for parking violations elsewhere.

STAFF PRESENTATION: Steve Leffel, Public Works Director, commented: a recommendation has been made for contract award for W. Market Street; water pumping remains at record highs; his staff is looking at a comprehensive and on-going sidewalk replacement program; and the City will soon need to look at the 5-year update of the solid waste management plan. In response to a question of Mr. Mercer, Mr. Leffel stated that all the steel now being placed at the Stadium will be permanent.

There being no further business, the meeting adjourned at 7:42 p.m.




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President of Council                             Clerk of Council