| September 7, 2004 MINUTES OF COUNCIL A regular session of Troy City Council was held Tuesday, September 7, 2004, at 7:00 p.m. in Council Chambers. Members Present: Baker, Clark, Douglas, Mercer, Saxton and Wise. Upon motion of Mr. Clark, seconded by Mrs. Baker, Mr. Hutchinson was excused from this meeting by unanimous roll call vote. 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 Council Member Douglas. MINUTES: The Clerk gave a summary of the August 16, 2004 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, STREETS AND SIDEWALKS COMMITTEE: Mrs. Baker, Chairman, reported as follows: 1) Committee recommends legislation be prepared authorizing the Director of Public Service and Safety to enter into a agreement with the firm of E Lynn App Architects to design Phases III and IV of the marina building improvements at Treasure Island at a cost not to exceed $41,000; 2) Committee recommends legislation be prepared authorizing the Director of Public Service and Safety to advertise for bids for the improvement of the alley connecting the Public Square and S. Cherry Street at a cost not to exceed $55,000. Reports signed by Douglas and Baker Discussion: Mrs. Saxton asked when the right of way dedication should be accomplished and Mr. Anderson stated that issues should be resolved within four weeks. FINANCE COMMITTEE: Mr. Mercer, Chairman, reported as follows: 1) Committee recommends legislation be prepared authorizing the Director of Public Service and Safety to bid for the lime supply for the Water Plant for 2005 and 2006 at a cost not to exceed $247,000 for each year. 2) Committee recommends legislation be prepared authorizing acceptance of the tax rates for 2005 for both the Troy School District and the Miami East School District with the legislation presented as an emergency measure due to the October 1 acceptance date. 3) Committee recommends legislation be prepared authorizing payment of $48,875.10 to the State of Ohio based on the ruling of the Ohio Department of Commerce that the work done on behalf of the City on public property under the agreement with Tim Donut US Limited, Inc. regarding the realignment of Adams Street should have been a project bid by the City and subject to prevailing wages. The amount is that due the workers between what was paid and what would have been paid under prevailing wages plus a 25% penalty. Reports signed by Douglas, Wise and Mercer. SAFETY & HEALTH: Mr. Clark reported that Committee recommends legislation be prepared authorizing the Director of Public Service and Safety to enter into an agreement with UVMC for annual physicals for the fire fighters at a cost not to exceed $33,115. Report signed by Baker and Clark. Lester Conard, 1210 Clay Street, asked if the amount of $48,875.10 is the entire payment due by the City (regarding the Adams Street realignment project) Mr. Anderson stated that is correct. Mr. Conard stated that former Council member Bretland had cautioned about Troy growing too fast and he feels this may be a case of rushing too much and someone not watching want is being done. RESOLUTION NO. R-51-04 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO, TO ENTER INTO AN AGREEMENT WITH UPPER VALLEY MEDICAL CENTER REGARDING ANNUAL FIREFIGHTER PERSONNEL PHYSICALS This Resolution was given first title reading. 9-7-04 Page Two Mrs. Baker moved for suspension of rules requiring three readings. Motion seconded by Mr. Clark. Yes: Baker, Saxton, Wise, Mercer, Clark and Douglas. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mr. Clark. Yes: Saxton, Wise, Mercer, Clark, Douglas and Baker. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-52-04 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 IMPROVEMENTS TO THE ALLEY BETWEEN SOUTH CHERRY STREET AND THE PUBLIC SQUARE This Resolution was given first title reading. Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mrs. Baker. Yes: Saxton, Wise, Mercer, Clark, Douglas and Baker. No: None. Mrs. Baker moved for adoption. Motion seconded by Mr. Mercer. Yes: Wise, Mercer, Clark, Douglas, Baker and Saxton No: None. RESOLUTION ADOPTED RESOLUTION NO. R-53-04 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 LIME SUPPLY This Resolution was given first title reading. Mr. Douglas moved for suspension of rules requiring three readings. Motion seconded by Mr. Wise. Yes: Mercer, Clark, Douglas, Baker, Saxton and Wise. No. None. Mr. Wise moved for adoption. Motion seconded by Mr. Douglas. Yes: Clark, Douglas, Baker, Saxton, Wise and Mercer. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-54-04 RESOLUTION AUTHORIZING TAX LEVIES FOR THE CITY OF TROY, OHIO FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2005 AS DETERMINED BY THE BUDGET COMMISSION AND CERTIFYING SUCH LEVIES TO THE COUNTY AUDITOR AND DECLARING AN EMERGENCY This Resolution was given first title reading. Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Mercer. Yes: Douglas, Baker, Saxton, Wise, Mercer and Clark. No. None. Mrs. Saxton moved for adoption. Motion seconded by Mr. Wise. Yes: Baker, Saxton, Wise, Mercer, Clark and Douglas. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-55-04 RESOLUTION AUTHORIZING TAX LEVIES FOR THE CITY OF TROY, OHIO FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2005 AS DETERMINED BY THE BUDGET COMMISSION AND CERTIFYING SUCH LEVIES TO THE COUNTY AUDITOR 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. Douglas. Yes: Douglas, Baker, Saxton, Wise, Mercer and Clark. No. None. 9-7-04 Page Three Mr. Wise moved for adoption. Motion seconded by Mr. Mercer. Yes: Baker, Saxton, Wise, Mercer, Clark and Douglas. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-56-04 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO AN AGREEMENT WITH E. LYNN APP ARCHITECTS FOR THE DESIGN OF PHASE III AND PHASE IV OF THE IMPROVEMENTS TO THE MARINA BUILDING AT TREASURE ISLAND This Resolution was given first title reading. Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mrs. Baker. Yes: Saxton, Wise, Mercer, Clark, Douglas and Baker. No. None. Mrs. Baker moved for adoption. Motion seconded by Mr. Clark. Yes: Saxton, Wise, Mercer, Clark, Douglas and Baker. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-57-04 RESOLUTION AUTHORIZING THE CITY OF TROY TO PAY THE STATE OF OHIO FOR THE ADAMS STREET REALIGNMENT 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. Douglas. Yes: Wise, Mercer, Clark, Douglas, Baker and Saxton, No. None. Mr. Douglas moved for adoption. Motion seconded by Mr. Mercer. Yes: Mercer, Clark, Douglas, Baker, Saxton and Wise. No: None. RESOLUTION ADOPTED ORDINANCE NO. O-37-04 ORDINANCE TO ACCEPT THE APPLICATION FOR THE ANNEXATION OF CERTAIN TERRITORY CONTAINING 2.415 ACRES, MORE OR LESS, IN CONCORD TOWNSHIP TO THE CITY OF TROY, OHIO This Ordinance was given first title reading. COMMENTS OF MAYOR: Mayor Beamish commented: 1) Stanley Phillips has been appointed to the Board of Park Commissioners for a 3-year term. Mr. Phillips was in the audience and was introduced. 2) Troy has had much activity the past few weeks, including a visit by President George Bush on August 20, the VFW brought the traveling Vietnam Wall to their facility outside Troy, and there were concerts by the Air Force Band of Flight and the Civic Band the past weekend. 3) Residents of the SW Historic District painted the residence of a lady who could do the work herself. 4) Following the proposal of the Mayor of Dayton, he would like to see Council recognize returning veterans from the war in Iraq. . COMMENTS OF SERVICE & SAFETY DIRECTOR: Mr. Anderson commented: 1) A status update of the priorities established for 2004 has been provided to Council in preparation of the next priority setting meeting, as well as a status report on the paint voucher program. 2) All public employees involved in preparing for the visit of the President and providing security for the President on August 20 are to be commended. While the visit was a politically rally, the security of the President was not a political activity. He stated that the City’s costs, which were non-political, were approximately $27,800. COMMENTS OF CITY AUDITOR: Mr. Cultice stated that the State has completed the Audit for 2003, and he appreciates all the help and assistance through the Audit process. Mr. Cultice stated that the rates for the recent bonds were just under 4.4%. 9-7-04 Page Four COMMENTS BY COUNCIL: -Mrs. Baker noted that the BBC has been in town, as a result of both Presidential candidates being in the area, to get a feel for how middle America responds to the campaign, putting the world spotlight on Troy. -Mrs. Baker stated that House Bill 247, providing for the establishment of Railroad Quiet Zones, was signed into law on August 18, and she suggested the City check into what could be done to establish such a zone along the railroads in Troy. She suggested talking with representatives of Concord Township to see if there was any joint interest in legislation in this regard. Mr. Anderson stated this would be researched, but he is aware that creating such zones comes with a cost. -Mr. Mercer thanked the SW Historic District residents for their leadership in helping another resident paint a property. -Mr. Clark applauded the paint voucher program. AUDIENCE COMMENTS: -Jerry Leszinski, 1145 Crestview Drive, Stated he felt the visit of President Bush was only political and objects to taxpayer dollars spent on any part of the visit. -Glenna Rinehart, 485 Maplecrest Drive, objected to the expenditure of City funds on the President’s visit as some people were denied admittance or a ticket based on politics, including some children were excluded. -Jack Bell, 106 S. Oxford, representing the SW Historic District, stated the concern about loss of trees with the sidewalk program, stating: he supports the sidewalk program, but regrets the unnecessary loss of trees; trees removed are 575 in Westbrook, 64 in Sherwood, 163 in Phase II; 175 trees removed thus far in Phase III: removal has averaged five a day; 350 trees replaced so far; Urban Forest Research Center reports care is $13 a year per tree with benefits valuing $65 a year with environmental value beyond dollars; the lost value to the Troy community is over $2 Million; and he feels the City has not communicated well about any ability to save a tree with a result of healthy trees being removed or wrong trees removed. Mr. Bell proposed: -Moratorium on tree removal, -Reconsider the policy to remove trees with replacing sidewalks; -Seek outside consulting advice; -Be sure home owners understands options; -Refuse to cut down healthy trees at the sole discretion of homeowners; -Encourage replanting and provide care instructions; -Have a longer implementation program to minimize so many trees being removed at one time. -Joseph Girolamo, 232 S. Plum, stated he feels some sidewalks replaced by the City’s contractors do not meet the requirements of spaced expansion joints and feels that will be a problem. -Jerry Stichter, 467 W. Staunton Road, asked for clarification of the location of the Zwiebel Annexation. There being no further business, Council adjourned at 8:00 p.m. _______________/s/_________________ _________________/s/___________________ President of Council Clerk of Council |