MINUTES OF COUNCIL

A regular session of Troy City Council was held Monday, July 7, 2003, 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
David E. Anderson, Director of Public Service & Safety
W. McGregor Dixon, Jr., Director of Law

PLEDGE OF ALLEGIANCE: led by Boy Scout Michael Nguyen
INVOCATION: given by Council member Saxton.

PUBLIC HEARING: At 7:02 p.m. Mr. Lohrer declared open the public hearing on the Fiscal Budget (Tax Budget), R-44-03. There were no comments in this regard, and at 7: 03 p.m. Mr. Lohrer declared this public hearing closed.

EXECUTIVE SESSION: At 7:04 Council recessed into executive session to consider the purchase of property for a public purpose, following motion by Mr. Beamish, seconded by Mrs. Baker, and unanimous roll call vote. At 7:29 p.m. Council returned from executive session. A motion was made by Mrs. Saxton, seconded by Mr. Beamish, to amend the agenda to add Ordinance No. O-41-03. Motion passed by unanimous roll call vote, agenda amended.

MINUTES: The Clerk gave a summary of the June 16, 2003 meeting of Council. There were no corrections or additions, and upon motion of Mrs. Saxton, seconded by Mr. Wise, these minutes were approved by unanimous roll call vote.

COMMITTEE REPORTS:
BUILDINGS, STREET & SIDEWALKS. Mrs. Baker, Chairman, reported that Committee recommends legislation be prepared to increase the total authorization for the N. Cherry St. Parking Lot Project to $115,000 (an additional $15,000) so that payments owed the contractor for additional work can be made. Committee further recommended the legislation be presented as an emergency measure so that the contractor could be paid without delay.

FINANCE. Mr. Beamish, Chairman, reported that Committee had met to review the property insurance coverage for the City properties FEMA has designated as Flood Zone B/Shaded X. There is coverage provided by the municipal insurance pool of $1,250,000. The City could purchase $10,000,000 of coverage at a $25,000 premium; however, that coverage would only be applicable after losses had exceeded $5,000,000, which means the City would be assuming all losses between the $1,250,000 of coverage and $5 Million (or self-insuring losses of $3,750,000). As the City is already assuming the cost of losses in the self-insured amount, and as the City has a great deal of confidence in the over-built and over-engineered MCD system of dams and levees, Committee supports the recommendation of the Administration that the $10,000,000 excess coverage not be purchased. (Copy of report attached to original minutes.)
Report signed by Cultice, Mercer and Beamish.
As this is not a matter of legislation, a motion was made by Mr. Mercer, seconded by Mr. Cultice, to accept the report of the Finance Committee regarding Property Insurance Coverage for Flood Zone B. Motion passed by unanimous vote.

LAW & ORDINANCE. Mrs. Saxton, Chairman, reported as follows: 1) Committee recommends legislation be prepared accepting the final plat of Edgewater Section Three and the dedication of right-of-way. 2) Committee recommends legislation be prepared accepting the final plat of Troy Town Section 8 and the dedication of public right-of-way.
Reports signed by Beamish, Mercer and Saxton.

RECREATION & PARKS: Mr. Bretland, Chairman, reported that Committee recommends legislation be prepared authorizing the Service & Safety Director to enter into an Agreement with John Poe Architects in an amount not to exceed $331,500 associated with the design of a new swimming pool. Committee further recommended that the legislation be presented as an emergency measure so that the design could commence without delay. Committee also commented that the design is being authorized even though there are outstanding issues (final location, schedule, elements of the pool, cost, etc.). (Copy of entire report attached to original minutes.)
Report signed by Wise, Saxton and Bretland.

July 7, 2003 PAGE TWO

RESOLUTION NO. R-43-03
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO FILE AN APPLICATION FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS

This Resolution was given first title reading.

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

RESOLUTION NO. R-44-03
RESOLUTION ADOPTING THE BUDGET OF THE CITY OF TROY, OHIO FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2004 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. Wise.
Yes: Saxton, Cultice, Baker, Bretland, Wise, Mercer and Beamish.
No: None.
Mr. Wise moved for adoption. Motion seconded by Mr. Beamish.
Yes: Cultice, Baker, Bretland, Wise, Mercer, Beamish and Saxton.
No: None. RESOLUTION ADOPTED

RESOLUTION NO. R-45-03
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO, TO ENTER INTO AN AGREEMENT WITH JOHN POE ARCHITECTS OF DAYTON, OHIO FOR THE DESIGN OF THE SWIMMING POOL AND DECLARING AN EMERGENCY

This Resolution was given first title reading.

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

RESOLUTION NO. R-46-03
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO, TO INCREASE THE AUTHORIZATION FOR THE NORTH CHERRY STREET PARKING LOT RECONSTRUCTION PROJECT AND DECLARING AN EMERGENCY

This Resolution was given first title reading.

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

ORDINANCE NO. O-39-03
ORDINANCE ACCEPTING THE FINAL PLAT OF EDGEWATER SECTION THREE AND DEDICATING PUBLIC RIGHT OF WAY IN THE CITY OF TROY, OHIO.

This Ordinance was given first title reading.

July 7, 2003 PAGE THREE

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

ORDINANCE NO. O-40-03
ORDINANCE ACCEPTING THE FINAL PLAT OF TROY TOWN SECTION EIGHT AND DEDICATING PUBLIC RIGHT OF WAY IN THE CITY OF TROY, OHIO.

This Ordinance was given first title reading.

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

ORDINANCE NO. O-41-03
ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO AN AGREEMENT FOR THE PURCHASE OF REAL ESTATE FOR PARKING LOT USE FOR THE CITY OF TROY AND DECLARING AN EMERGENCY

This Ordinance was given first title reading.


MAYOR’S COMMENTS: Mayor Jenkins stated the City has received a donation from Capt. James Leavelle (MI ANG, Attack Pilot, 172nd Expeditionary Fighter Squadron) of a flag that he flew over Iraq on March 31, 2003 during Operation Iraqi Freedom. The flag will be placed on display at City Hall.
The Mayor commented that City employees have done an excellent job in handling the many events and activities that have recently taken place.

SERVICE & SAFETY DIRECTOR COMMENTS: Mr. Anderson commented: 1) The new parking control vehicle is on the street. 2) The Hobart Institute of Technology has offered to donate a $150,000 sculpture to the City of Troy. 3) Due to the heavy rainstorms the evening of July 4, the fireworks were rescheduled for July 5. The again threatening weather on July 5 resulted in a decision to start the fireworks earlier than 10 PM and to shoot them fast. Any further delay would have resulted in the fireworks not being able to be used as the shooting area is now under water.

COUNCIL PRESIDENT COMMENTS: Mr. Lohrer also complimented City staff for all the work at the many events going on during the summer.

COUNCIL COMMENTS:
-Several members of Council talked about the positive atmosphere and number of visitors resulting from the Sculptures on the Square exhibit.
-Mr. Mercer asked about the delay with the W. Milton Water Line project. The Public Works Director commented that construction is proceeding well, but some problems with easements regarding telephone lines has caused some delay in getting easements signed; however, they are now all signed and work in that regard will proceed.
-Mrs. Baker asked if any response has been received from the publisher of the Advocate publication, about which complaints were made at the June 16 meeting. Mr. Anderson stated no response has been received.
-Mr. Bretland stated much of the drainage in the City has been improved, but there is still a problem on Dakota Street. It was stated the Dakota improvement should be presented for consideration at the next Committee session.
-Members of Council suggested that the next City newsletter contain information regarding how a citizen requests a replacement curb lawn tree when a curb lawn tree had been removed by the City.


July 7, 2003 PAGE FOUR

STAFF COMMENTS: At the request of Mr. Beamish, Public Works Director Steve Leffel stated that while Troy has had a great deal of rain in the last four days, it is not nearly as much as Counties to the north, and the storm water controls have been working quite well as designed, including Stone Lake and the ditch at Little Ponderosa, which systems have had their effectiveness challenged in the past.

AUDIENCE COMMENTS:
-James Normadin and David Kennard of Brown Publications were present in response to Mr. Anderson’s letter regarding the delivery problems with the Advocate publication, and commented:
.Brown Publications does believe the publication is protected by the First Amendment; however, in the interest in being good corporate citizens, they would like to be responsive to concerns raised.
.Delivery is by an independent contractor; however, they will amend the contract to provide for more deliberate delivery.
.Regarding stockpiling of the publication, they have persons checking the delivery routes who will pick up and remove the papers if there are more than one or two papers in the driveway.
.They do 24,000 deliveries weekly.
.Since 1992, they have maintained a “do not deliver” list of addresses that do not want the publication. On the publication are two phone numbers now that a person can call to be placed on this list. In addition, the Advocate will carry a “coupon” that persons can fill and out and return to be placed on the non-deliver list.
.Regarding the papers getting mixed up with snow removal equipment, the publication is placed in a colored bag to help it be seen even in the snow.
Mrs. Saxton asked if the “coupon” will also be carried in the Troy Daily News and Piqua Daily Call, and was told that would not be done as persons who receive those papers do not receive the weekly Advocate.
Mr. Anderson thanked Mr. Normadin for his prompt and detailed response.

-Jessica Minesinger, 1204 Archer Drive, advised Council that she has closed on the purchase of 18 lots in Westlake Village, will be purchasing the 33 lot PD for Willow Point, Meadow Point Drive and the water line loop will be completed in the fall, all law suits between any of the parties have been dropped, and she thanked Council for all the efforts regarding this property, which was a subject of a rezoning earlier in the year.

-Alphas Wicker, Director of Lincoln Community Center, and Lincoln Center Board Members Aaron Johnson and Ann May announced that the Center has scheduled a major fund raiser for the Hobart Arena on August 23, which will be a concert by the Blind Boys of Alabama, a Grammy award winning R&B/Gospel Group. The concert will also feature local talent, and will be to honor Charles R. Sharett, the City’s 32 year Recreation Director who passed away in January.


There being no further business, the meeting adjourned at 8:31 p.m.


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President of Council                               Clerk of Council