| March 1, 2004 MINUTES OF COUNCIL A regular session of Troy City Council was held Monday, March 1, 2004, at 7:00 p.m. in Council Chambers. Members Present: Baker, Clark, Cultice, Hutchinson, Mercer and Saxton. Upon motion of Mrs. Saxton, seconded by Mr. Clark, Mr. Wise was excused from this meeting by unanimous roll call vote. Presiding Officer: Ted S. Mercer, President of Council Pro Tem Others Present: Michael L. Beamish, Mayor David E. Anderson, Director of Public Service & Safety W. McGregor Dixon, Jr., Director of Law R. Craig Helmer, Auditor INVOCATION was given by Rev. Denise James of Richards Chapel United Methodist Church. INTRODUCTION: Park Board President Joe Reardon introduced newly appointed Golf Pro Ken Green. MINUTES: The Clerk gave a summary of the February 17, 2004 meeting of Council. There were no corrections or additions, and upon motion of Mrs. Baker, seconded by Mr. Clark, these minutes were approved by unanimous roll call vote. COMMITTEE REPORTS: FINANCE COMMITTEE: Mr. Cultice, Chairman, reported as follows: 1) Committee recommends approval of the Appropriation Ordinance, which is the budget approval, with the legislation presented as an emergency measure. 2) Committee recommends legislation be prepared authorizing bidding for two packer trucks (cost not to exceed $210,000) and one Street Dept. Dump Truck ($65,000), and that a number of vehicles be declared excess and not needed for a public purpose and offered for sale by sealed bidder to the highest bidder. 3) Committee recommends legislation be prepared for the approval of funding to the following community agencies: Troy Development Council $122,000 Public Television Communications Center 95% of the Franchise Fee revenues Troy Main Street $97,850 Committee noted that the City’s investment in the Troy Development Council of about $440,000 over the last three years has helped bring in an investment return of approximately $236 Million. Reports signed by Mercer and Cultice. LAW & ORDINANCE COMMITTEE: Mrs. Saxton, Chairman, reported as follows: 1) Committee recommends legislation be prepared approving Enterprise Zone Agreement #25 for F&P America Mfg. Inc. for abatement of 75% real and tangible personal property taxes for 10 years on an investment of $8.5 Million with 4 new full time jobs to be created. Mrs. Saxton commented that a prior agreement with F&P is nearly complete, and soon there will not be abatement under that agreement. 2) Committee recommends legislation be prepared accepting the final plat of Nottingham Subdivision Section 2, dedication of right-of-way and the City payment of waterline oversizing not to exceed $25,000. 3) Committee recommends legislation be prepared accepting the final plat of Hawk’s Nest Subdivision Section One, dedication of right-of-way, the City payment of waterline oversizing not to exceed $15,000 and sewer oversizing not to exceed $10,000, and accepting $7.997.62 as fees in lieu of dedicated park land. Reports signed by Cultice, Mercer and Saxton. PERSONNEL COMMITTEE. Mr. Clark, Chairman, reported that Committee supports the appointment of Deborah Kappers to the City Beautification Committee for a vacant term ending 7-1-04. Report signed by Saxton and Clark. A motion was made by Mrs. Baker, seconded by Mr. Clark, to approve the appointment of Mrs. Kappers. Motion approved by unanimous roll call vote. RECREATION & PARKS COMMITTEE: Mr. Hutchinson reported that Committee members Hutchinson and Saxton recommends legislation be prepared approving the funding for the Troy REC for 2004 in the amount of $40,000. This continues the funding level to include dollars for building repairs and improvements. It was noted that Chairman Wise would not participate in the recommendation and legislation as he is a member of the Board of the Troy Recreation Association, Inc. and wishes to avoid an appearance of a conflict of interest. Report signed by Hutchinson and Saxton. March 1, 2003 Page Two SAFETY & HEALTH COMMITTEE: Mr. Hutchinson, Chairman, reported that Committee recommends legislation be prepared authorizing the 2004 financial support of the Miami County Health District in the amount of $290,785.23, with Committee noting that the funding is the millage equivalent paid by other Miami County political subdivisions (other than Piqua, which has its own Health Department). Report signed by Baker, Clark and Hutchinson. RESOLUTION NO. R-11-04 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ADVERTISE FOR BIS AND ENTER INTO A CONTRACT FOR THE PURCHASE OF TWO REFUSE PACKER TRUCKS, A DUMP TRUCK FOR THE STREET DEPARTMENT, AND TO ADVERTISE FOR BIDS FOR THE SALE OF EXCESS VEHICLES NO LONGER NEEDED FOR A PUBLIC PURPOSE This Resolution was given first title reading. Mr. Cultice moved for suspension of rules requiring three readings. Motion seconded by Mrs. Saxton. Yes: Hutchinson, Baker, Cultice, Mercer, Saxton and Clark. No: None. Mrs.Saxton moved for adoption. Motion seconded by Mr. Cultice. Yes: Baker, Cultice, Mercer, Saxton, Clark and Hutchinson. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-12-04 RESOLUTION APPROVING THE ENTERPRISE ZONE AGREEMENT #25 SUBMITTED BY F & P AMERICA MFG., INC. AND AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO EXECUTE THE ENTERPRISE ZONE AGREEMENT AND RELATED DOCUMENTS This Resolution was given first title reading. Mr. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Clark. Yes: Cultice, Mercer, Saxton, Clark, Hutchinson and Baker. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mr. Cultice. Yes: Mercer, Saxton, Clark, Hutchinson, Baker and Cultice. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-13-04 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. Baker moved for suspension of rules requiring three readings. Motion seconded by Mr. Hutchinson. Yes: Saxton, Clark, Hutchinson, Baker, Cultice and Mercer. No: None. Mr. Clark moved for adoption. Motion seconded by Mr. Hutchinson. Yes: Clark, Hutchinson, Baker, Cultice, Mercer and Saxton. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-14-04 RESOLUTION APPROVING FUNDING TO TROY MAIN STREET, INC. This Resolution was given first title reading. Mr. Cultice moved for suspension of rules requiring three readings. Motion seconded by Mr. Clark. Yes: Hutchinson, Baker, Cultice, Mercer, Saxton and Clark. No: None. Mrs. Baker moved for adoption. Motion seconded by Mrs. Saxton. Yes: Baker, Cultice, Mercer, Saxton, Clark and Hutchinson. No: None. RESOLUTION ADOPTED March 1, 2004 Page Three RESOLUTION NO. R-15-04 RESOLUTION ALLOCATING FUNDING FOR PUBLIC TELEVISION COMMUNICATIONS CENTER FOR THE YEAR 2004 This Resolution was given first title reading. Mr. Cultice moved for suspension of rules requiring three readings. Motion seconded by Mrs. Saxton. Yes: Cultice, Mercer, Saxton, Clark, Hutchinson and Baker. No: None. Mr. Clark moved for adoption. Motion seconded by Mrs. Baker. Yes: Mercer, Saxton, Clark, Hutchinson, Baker and Cultice. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-16-04 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO, TO ENTER INTO AN AGREEMENT WITH THE MIAMI COUNTY GENERAL HEALTH DISTRICT FOR HEALTH SERVICES This Resolution was given first title reading. Mr. Hutchinson moved for suspension of rules requiring three readings. Motion seconded by Mrs. Baker. Yes: Saxton, Clark, Hutchinson, Baker, Cultice and Mercer. No: None. Mrs. Baker moved for adoption. Motion seconded by Mr. Clark. Yes: Clark, Hutchinson, Baker, Cultice, Mercer and Saxton. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-17-04 RESOLUTION AUTHORIZING THE BOARD OF RECREATION OF THE CITY OF TROY, OHIO, TO ENTER INTO A CONTRACT WITH THE TROY RECREATION ASSOCIATION, INC. FOR RECREATIONAL SERVICES This Resolution was given first title reading. Mr. Hutchinson moved for suspension of rules requiring three readings. Motion seconded by Mrs. Saxton. Yes: Hutchinson, Baker, Cultice, Mercer, Saxton and Clark. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mrs. Baker. Yes: Baker, Cultice, Mercer, Saxton and Hutchinson. No: None. Abstain: Clark (as a member of the Board of the Troy Recreation Assoc. and wishing to avoid the appearance of any conflict of interest) RESOLUTION ADOPTED ORDINANCE NO. O-8-04 ORDINANCE APPROPRIATING FUNDS NECESSARY FOR THE VARIOUS DEPARTMENTS AND OFFICES OF THE CITY OF TROY, OHIO FOR THE YEAR 2004 AND DECLARING AN EMERGENCY This Ordinance was given first title reading. Mr. Cultice moved for suspension of rules requiring three readings. Motion seconded by Mr. Clark. Yes: Cultice, Mercer, Saxton, Clark, Hutchinson and Baker. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mr. Cultice. Yes: Mercer, Saxton, Clark, Hutchinson, Baker and Cultice. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-9-04 ORDINANCE ACCEPTING THE FINAL PLAT OF KNOTTINGHAM SUBDIVISION SECTION 2, DEDICATING A RIGHT OF WAY AND AUTHORIZING PAYMENT OF WATER LINE OVERSIZING 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 Mr. Cultice. Yes: Saxton, Clark, Hutchinson, Baker, Cultice and Mercer. No: None. March 1, 2004 Page Four Mrs. Saxton moved for adoption. Motion seconded by Mr. Mercer. Yes: Clark, Hutchinson, Baker, Cultice, Mercer and Saxton. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-10-04 ORDINANCE ACCEPTING THE FINAL PLAT OF HAWK’S NEST SUBDIVISION SECTION ONE, DEDICATING A RIGHT OF WAY AND AUTHORIZING PAYMENT OF WATER LINE OVERSIZING IN THE CITY OF TROY, OHIO This Ordinance was given first title reading. COMMENTS OF THE MAYOR: Mayor Beamish commented: 1) A proclamation was issued regarding March being Developmental Disabilities Month. 2) He participated in the Family Literacy Night at Kyle School. COMMENTS OF SERVICE & SAFETY DIRECTOR: Mr. Anderson commented: 1) There will be a much more assertive action on property maintenance. 2) He commends the Historical Society and Troy Main Street for working together to identify at risk properties the agencies feel are architecturally and historically significant. 3) There are plans for some promotional aspects to spur the use of Miami Shores. COMMENTS OF CITY AUDITOR: Mr. Helmer thanked the Finance Committee for the diligent work on the budget. COMMENTS OF COUNCIL PRESIDENT PRO TEM: Mr. Mercer commented that Finance Chairman Cultice did an excellent job with the budget review and approval process. COUNCIL COMMENTS: -Mr. Clark stated he was glad to see the effort to collect back taxes, and he congratulated the Park Board on the Golf Pro selection. -In response to a question from Mrs. Baker, Chief Denney stated the grass fire truck has been received but is not in service as the department is still conducting training sessions on the new apparatus. -Mrs. Saxton commented that the Knottingham Subdivision will be the location of the 2004 Homearamma. AUDIENCE COMMENTS: -Lester Conard, 1210 S. Clay Street, asked that there be more newspaper information on meeting dates/times as it is hard to know when these take place. Mr. Clark stated he has been checking this since Mr. Conard had a previous similar comment and he has found that both papers have consistently provided notice of meetings. -Jerry Stichter, 467 W. Staunton Rd., asked if the pool design is back to staff, and was told it has not been received. Mr. Stichter asked if Council will honor his request to have multiple readings on legislation authorizing bidding the pool construction. Mr. Mercer stated that without the final design/costs, that has not been discussed. Mr. Anderson advised Mr. Stichter that the time proposed by Mr. Stichter would lose a year in the construction of the pool and drive up costs, and that is not feasible, so his suggested time schedule (of readings of legislation to authorize bidding) could not be followed. -Mrs. Baker commented that the legal requirement for meetings is 24 hours notice to the media, but that is sometimes not enough notice for the media to get the information to press, and the press may not be to blame when there is not notice in the paper. -Mrs. Stichter, 467 W. Staunton Rd., stated she is concerned about those meetings called on short notice. Mr. Anderson stated that is not standard, it could be for routine business but has not been the case for major issues such as plats or rezonings. -Mr. Stichter stated he appreciates the posting of the pool drawings, but the drawing is in reverse (it is the view from levee). Mr. Stichter stated he would still like to see multiple readings on the pool, such as is being done with Hawk’s Nest (O-10-04). He stated he attended some of the Finance Committee meetings and it seemed that a lot of time was spent on the budget review. -Mr. Fox, Troy Main Street Director, thanked Council for continued support and faith, and assured Council that “good things will be happening”. Regarding the “at risk structures” binder of the historical structures, he asked that Council consider that to be an on-going and changing document. There being no further business, Council adjourned at 8:18 p.m. ______________/s/__________________ ______________/s/______________________ President of Council Clerk of Council |