| December 20, 2004 MINUTES OF COUNCIL A regular session of Troy City Council was held Monday, December 20, 2004, at 7:00 p.m. in Council Chambers. Members Present: Baker, Clark, Douglas, Hutchinson, Mercer, Saxton and Wise. Presiding Officer: William F. Lohrer, President of Council Others Present: Michael L. Beamish, Mayor W. McGregor Dixon, Jr., Director of Law Richard L. Cultice, Auditor David E. Anderson, Director of Public Service and Safety INVOCATION was given by Mayor Beamish. MINUTES: The Clerk gave a summary of the December 6, 2004 meeting of Council. There were no corrections or additions. Upon motion of Mr. Mercer, seconded by Mrs. Saxton, these minutes were approved by unanimous roll call vote. COMMITTEE REPORTS: FINANCE COMMITTEE: Mr. Mercer, Chairman, reported as follows: 1) Committee recommends legislation be prepared authorizing bidding or purchasing on the State Purchasing Contract the following items for the Public Works Department: Division Item Not to Exceed Street Medium Duty Dump Truck $75,000 “ 2 WD Backhoe $30,000 “ Tractor-Mower w/Boom Attachment $55,000 Refuse Collection 1-T Dump Truck w/Spreader & Plow $52,000 Water Distribution Step Van type vehicle $53,000 “ Boom Truck $175,000 Committee further recommends legislation be prepared authorizing the sale of vehicles/equipment the above items are replacing, after the replacements are received, with the authorization to include sale by internet process. 2) Committee recommends legislation be prepared authorizing 2005 funding support for the following agencies routinely funded by the City: Troy Development Council $125,000 Troy Main Street $ 89,400 Public TV Communications Center (PTCC) Follow policy established in 2003 for 95% of CATV Franchise Fees 3) Committee recommends legislation be prepared as an emergency measure approving the 2005 Appropriation Ordinance (budget approval). Committee noted that a number of projects/items had to be deferred from the 2005 budget, and it would depend on revenues/expenditure levels through the year as to whether or not any of the deferred items could be considered. City staff is to prioritize the deferred/removed items and provide the prioritization list to Council for consideration. Committee further noted that routine reappropriations should be anticipated. Reports signed by Douglas, Wise and Mercer. LAW & ORDINANCE COMMITTEE: Mrs. Saxton, Chairman, reported that Committee recommends Ordinance No. O-48-04, Brown Annexation, be approved, accepting the annexation of approximately 287.965 acres at the NE Corporation Limits. Committee also noted that the Administration is discussing with the Miami East School District representatives concerns regarding the fact that the properties in the Miami East School District pay lesser tax than does properties in the Troy School District even if both are located in the City. Report signed by Wise, Mercer and Saxton. Discussion. Mr. Anderson noted that the Miami East School Superintendent was present and may address the concerns with Troy residents in the Miami East School District paying less property tax than Troy School District residents. 12-20-04 Page Two RECREATION & PARKS COMMITTEE: Mr. Wise, Chairman, reported as follows: 1) Committee recommends legislation be prepared authorizing the Director of Public Service and Safety to advertise for bids and enter into a contract for replacement of part of the Hobart Arena Refrigeration System at a cost not to exceed $160,000. Committee noted that some temporary repairs would be tried but if the system fails, the Arena will be without ice the rest of this season as there is a minimum 12-week order period for the new equipment. Committee noted that the project is not budgeted and the funds will need to come from appropriations. (This report signed by Hutchinson, Saxton and Wise.) 2) Committee recommends legislation be prepared authorizing the 2005 funding for the Troy REC at $40,000. Committee noted that as Mr. Wise is a member of the Troy Recreation Association, Inc. Board, he did not participate in the Committee review and will abstain on voting on the funding to avoid an appearance of a conflict of interest. (This report signed by Hutchinson and Saxton.) AUDIENCE COMMENTS – COMMITTEE REPORTS OR AGENDA ITEMS: -Nicholas Essinger, 225 Crestwood Drive, as a veteran and adjutant of the local American Legion post, stated the American Legion and the Miami County Veterans Commission support the vanity name Veterans Parkway as proposed. -Jerry Stichter, 467 W. Staunton Road asked about costs associated with an interstate auction of excess vehicles and stated he would like to see an on-site auction of these items. -Todd Rappold, Superintendent of Miami East Schools, and Michael Sommer, Treasurer of the Miami East Local Schools, were present. Mr. Rappold stated the District has some concerns about annexation of the Brown property, recognizing it is not now proposed for zoning, but there are concerns about future zoning resulting in more homes and students as the finances of the District cannot accommodate more students. Mr. Rappold asked about the advantages to the City versus the disadvantages to the District. Mr. Sommer stated he feels that if the annexation is approved and the property is then proposed for a zoning change, there are issues to be worked out. -Mike Strauss, 1687 Laurel Creek Drive, stated he is a veteran and while he feels the Veterans Memorial in Riverside Cemetery is great, he believes people go there mainly to honor those deceased. He stated he feels the naming of the roadway as Veterans Parkway will draw recognition that there are veterans who are living and who are serving the Country. -Lewis Hart, 1288 York Lane, asked what the Water Department needs with a boom truck. Mr. Anderson attempted to explain that the boom is a “lift” and offered to have someone discuss this further with Mr. Hart. RESOLUTION NO. R-71-04 RESOLUTION ESTABLISHING THE NAME OF STAUNTON ROAD FROM ADAMS STREET TO MARKET STREET AS VETERANS PARKWAY This Resolution was given first title reading on 12-6-04. Given second title reading. Mrs. Baker moved for suspension of rules requiring three readings. Motion seconded by Mr. Mercer. Yes: Douglas, Hutchinson, Mercer, Saxton, Wise, Baker and Clark. No: None. Mr. Douglas moved for adoption. Motion seconded by Mrs. Baker. Yes: Hutchinson, Mercer, Saxton, Wise, Baker, Clark and Douglas. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-72-04 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 PURCHASE OF VEHICLES FOR THE PUBLIC WORKS DEPARTMENT This Resolution was given first title reading. Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Mercer. Yes: Mercer, Saxton, Wise, Baker, Clark, Douglas and Hutchinson. No: None. Mr. Clark moved for adoption. Motion seconded by Mr. Mercer. Yes: Saxton, Wise, Baker, Clark, Douglas, Hutchinson and Mercer. No: None. RESOLUTION ADOPTED 12-20-04 Page Three RESOLUTION NO. R-73-04 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO AN AGREEMENT WITH THE MIAMI COUNTY PUBLIC DEFENDER’S COMMISSION FOR 2005. This Resolution was given first title reading. Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Hutchinson. Yes: Wise, Baker, Clark, Douglas, Hutchinson, Mercer and Saxton. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mr. Douglas. Yes: Baker, Clark, Douglas, Hutchinson, Mercer, Saxton and Wise. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-74-04 RESOLUTION AUTHORIZING THE CITY OF TROY, OHIO TO CONTRIBUTE TO THE TROY DEVELOPMENT COUNCIL FOR ECONOMIC DEVELOPMENT FOR THE CITY OF TROY This Resolution was given first title reading. Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Mercer. Yes: Clark, Douglas, Hutchinson, Mercer, Saxton and Wise. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mr. Douglas. Yes: Douglas, Hutchinson, Mercer, Saxton, Wise, Baker and Clark. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-75-04 RESOLUTION APPROVING FUNDING TO TROY MAIN STREET, INC. This Resolution was given first title reading. Mr. Douglas moved for suspension of rules requiring three readings. Motion seconded by Mr. Clark. Yes: Hutchinson, Mercer, Saxton, Wise, Baker, Clark and Douglas. No: None. Mr. Clark moved for adoption. Motion seconded by Mr. Hutchinson. Yes: Mercer, Saxton, Wise, Baker, Clark, Douglas and Hutchinson. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-76-04 RESOLUTION ALLOCATING FUNDS FOR PUBLIC TELEVISION COMMUNICATIONS CENTER FOR THE YEAR 2005 This Resolution was given first title reading. Mrs. Baker moved for suspension of rules requiring three readings. Motion seconded by Mr. Clark. Yes: Saxton, Wise, Baker, Clark, Douglas, Hutchinson and Mercer. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mrs. Baker. Yes: Wise, Baker, Clark, Douglas, Hutchinson, Mercer and Saxton. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-77-04 RESOLUTION AUTHORIZING THE BOARD OF RECREATION OF THE CITY OF TROY, OHIO TO ENTER INTO A CONTRACT WITH THE TROY RECREATION ASSOCIATION, INC. FOR RECREATION SERVICES This Resolution was given first title reading. 12-20-04 Page Four Mr. Douglas moved for suspension of rules requiring three readings. Motion seconded by Mr. Hutchinson. Yes: Baker, Clark, Douglas, Hutchinson, Mercer, Saxton and Wise. No: None. Mr. Mercer moved for adoption. Motion seconded by Mr. Hutchinson. Yes: Douglas, Hutchinson, Mercer, Saxton and Baker.. No: None. Abstain: Clark (to avoid the appearance of a conflict of interest as he is a member of the Board of the Troy Recreation Association, Inc.) Wise (to avoid the appearance of a conflict of interest as he is a member of the Board of the Troy Recreation Association, Inc.) RESOLUTION ADOPTED RESOLUTION NO. R-78-04 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 REPLACEMENT OF THE AMMONIA REFRIGERATION SYSTEM AT THE HOBART ARENA This Resolution was given first title reading. Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Wise. Yes: Douglas, Hutchinson, Mercer, Saxton, Wise, Baker and Clark. No: None. Mr. Wise moved for adoption. Motion seconded by Mr. Hutchinson. Yes: Hutchinson, Mercer, Saxton, Wise, Baker, Clark and Douglas. No: None. RESOLUTION ADOPTED ORDINANCE NO. O-48-04 ORDINANCE TO ACCEPT THE APPLICATION FOR THE ANNEXATION OF CERTAIN TERRITORY CONTAINING 287.965 ACRES, MORE OR LESS, IN STAUNTON TOWNSHIP TO THE CITY OF TROY, OHIO This Ordinance was given first title reading on 12-6-04. Given second title reading. Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Mercer. Yes: Mercer, Saxton, Wise, Baker, Clark, Douglas and Hutchinson. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mr. Mercer. Yes: Saxton, Wise, Baker, Clark, Douglas, Hutchinson and Mercer. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-55-04 ORDINANCE APPROPRIATING FUNDS NECESSARY FOR THE VARIOUS DEPARTMENTS AND OFFICES OF THE CITY OF TROY, OHIO FOR THE YEAR 2005 AND DECLARING AN EMERGENCY This Ordinance was given first title reading. Mr. Wise moved for suspension of rules requiring three readings. Motion seconded by Mr. Mercer. Yes: Wise, Baker, Clark, Douglas, Hutchinson, Mercer and Saxton. No: None. Mr. Clark moved for adoption. Motion seconded by Mrs. Saxton. Yes: Baker, Clark, Douglas, Hutchinson, Mercer, Saxton and Wise. No: None. ORDINANCE ADOPTED COMMENTS BY MAYOR: The Mayor thanked Council for approval of the vanity naming of Veterans Parkway. The Mayor encouraged participation in the first “First Night” event – a community alcohol free New Year’s celebration. 12-20-04 Page Five AUDITOR: Mr. Cultice thanked the Finance Committee, Council and staff for work on the approval of the budget, and he assured the citizens that the City is financially in good health. COUNCIL PRESIDENT COMMENTS: Mr. Lohrer stated he appreciated the work of Mr. Mercer and the Finance Committee members on the 2005 budget. COMMENTS OF COUNCIL: -Mr. Clark thanked all involved in helping to make the budget process go smoothly. He noted that two more public meetings regarding the Community Oriented Policing program will be held in January and he hopes they will be better attended than the two held in December. Mr. Clark expressed appreciation for the Dayton Bombers hockey game recently held at the Hobart Arena. -Mr. Mercer commented that he feels the budget is a team effort of the Committee; and it would not have been completed so fast without Mr. Cultice’s leadership. -Mrs. Saxton stated she is finishing her 7th year on Council with this being the first of the budget finalized so early. -Mrs. Baker read a statement (attached as part of the original minutes) regarding an email that Mr. Anderson had sent to Council following her “no” vote on an Ordinance at the December 6 meeting of Council and the media report that followed that vote, and an email that Mr. Lohrer had sent to all Council regarding responsibilities of Council Members. Mrs. Baker indicated she felt serious allegations had been made, she feels the City’s business needs to be in the open, and she will continue to vote as she sees fit. -Mr. Lohrer commented that his email (referred to by Mrs. Baker) was about a situation where he felt comments made were blindsiding him and Council. He stated he wished he had had Mrs. Baker’s statement in advance. He feels there is nothing to hide and he would like to see more citizen involvement. CITIZEN COMMENTS: -Scott Connor, 405 W. Staunton Road, stated he appreciates the efforts on staff in looking at a decorative fence for the aquatic center, and thanks Mrs. Baker for representing the citizens of Ward Two. -Lester Connor, 1210 S. Clay, stated he feels Mrs. Baker does not stand alone (referring to a recent newspaper headline), he feels the City is blessed to have Mrs. Baker on Council, he cannot make that statement to all the Council, and he commended Mr. Cultice as a financial watchdog. -Debra Stichter, 465 W. Staunton Road, commented that she has found it to be an interesting year as she called and tried to learn all she could about the pool, and got to know more about City government than she had anticipated, She thanked Council for taking calls and talking to the citizens. -Nick Essinger, 225 Crestwood Drive, thanked Council for action on the Veterans Parkway vanity name. There being no further business, Council adjourned at 8:10 p.m. ______________/s/__________________ ________________/s/____________________ President of Council Clerk of Council |