| January 18, 2005 MINUTES OF COUNCIL A regular session of Troy City Council was held Tuesday, January 18, 2005, 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 Rev. Denise James. PRESENTATIONS: John Evans, VFW Post 5436, presented an American flag to the City. Mayor Beamish presented to David Anderson his ICMA Credentialed Manager Award. MINUTES: The Clerk gave a summary of the January 3, 2005, meeting of Council. There were no corrections or additions. Upon motion of Mrs. Saxton, seconded by Mr. Wise, these minutes were approved by unanimous roll call vote. COMMITTEE REPORTS: Buildings, Streets & Sidewalks Committee: Mrs. Baker, Chairman, reported that Committee recommends the preliminary legislation provided by the Ohio Department of Transportation be approved for the State to perform preventative maintenance of bridges (at McKaig Road, I-75 north of SR 55, and SR 55 at 1-75) in 2007 at no cost to the City. Report signed by Douglas, Hutchinson and Baker Finance Committee: Mr. Mercer, Chairman, reported that Committee recommends legislation be prepared authorizing agreements for the fireworks for July 4, 2005 at a total cost not to exceed $30,000. There will be an agreement with Rozzi, Inc. for the materials and an agreement with Rozzi’s Famous Fireworks, Inc. for the fireworks display. Committee noted that the Troy Foundation, which has been a partner in the cost in past years, will again receive a request for financial participation and the Concord Township Trustees have agreed to contribute $3,000 to the cost. Report signed by Douglas, Wise and Mercer. Law & Ordinance Committee: Mrs. Saxton, Chairman, reported as follows: 1) Committee recommends legislation be prepared to vacate a utility easement on the south side of IL 9432, located off Experiment Farm Road, as the easement is not used and serves no purpose. 2) Committee recommends emergency legislation be prepared extending the moratorium on issuing permits for electronically controlled changeable copy signs, which moratorium expires 2-2-05, by another 90 days so that the Planning Commission can complete its review of proposed amendments and Council then review the Commission’s recommendation. Reports signed by Mercer, Wise and Saxton. Recreation & Parks Committee: Mr. Wise, Chairman, reported as follows: 1) The Recreation Board suggested names for the aquatic center that had been received as a part of a contest to name the facility. Committee recommends the name be TROY AQUATIC PARK. As this is not a matter of legislation, Committee asks for Council to accept the report/name recommendation. Report signed by Hutchinson, Saxton and Wise. A motion was made by Mrs. Saxton, seconded by Mr. Wise, to accept the report of the Recreation & Parks Committee for the name of the aquatic center to be Troy Aquatic Park, with motion approved by unanimous roll call vote. 2) Committee has reviewed the additional cost of a 6’ and 8’ ornamental rod iron fence (bronze color) to replace the specified 8’ coated chain link fence for the aquatic center. The 6’ fence would be an additional $42,473 and the 8’ fence would be an additional $54,684. Committee recommends that the aquatic center fence be the 6’ ornamental rod iron, noting that the funds are available within the additional $100,000 in contingency funds Council has allocated for the project. As this is not a matter of legislation, Committee asked for Council to accept the report/recommendation regarding the aquatic center fence. Report signed by Hutchinson, Saxton and Wise. Jan. 18, 2005 Page Two Discussion: Mr. Clark commented he does not support spending the additional funds for the 6’ decorative fence noting that the coated chain link fence was part of the project with an estimated value of $24,500, the architect has recommended the 8’ coated chain link fence as specified in the contract which included an area of an ornamental gate, the previous pool was well served by such a chain link fence for over 30 years, he believes a chain link fence would continue to serve the new pool well, it would be fiscally responsible to proceed with the chain link fence just as Department Heads were required to be fiscally prudent in their 2005 budgets, because contingency funds are available does not mean the funds must be spent, and he does not feel the additional cost is needed or justified. A motion was made by Mr. Wise, seconded by Mr. Mercer, to accept the report of the Recreation & Parks Committee to have the fence for the Troy Aquatic Park be the 6’ ornamental metal rod at an additional cost of $42,473. Vote: Yes- Saxton, Baker, Mercer, Hutchinson, Douglas and Wise. No- Clark. MOTION ADOPTED Safety & Health Committee: Mr. Hutchinson, Chairman, reported that Committee recommends legislation be prepared approving the 2005 funding for the Miami County Health District in the amount of $293,984.98, a 1.10% over the 2004 funding, and which amount is to be based on the millage equivalent (.4 outside millage plus .2 inside millage) paid by other Miami County entities for health services for their citizens. Report signed by Baker, Clark and Hutchinson. RESOLUTION NO. R-1-05 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO CONTRACTS WITH ROZZI’S FAMOUS FIREWORKS, INC. AND ROZZI, INC. This Resolution was given first title reading. Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Clark. Yes: Baker, Mercer, Hutchinson, Douglas, Wise, Clark and Saxton. No: None. Mr. Clark moved for adoption. Motion seconded by Mr. Hutchinson. Yes: Mercer, Hutchinson, Douglas, Wise, Clark, Saxton and Baker. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-2-05 RESOLUTION EXTENDING THE MORATORIUM ON ELECTRONICALLY CONTROLLED SIGNS IN THE CITY OF TROY FOR A PERIOD OF NINETY DAYS 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. Clark. Yes: Hutchinson, Douglas, Wise, Clark, Saxton, Baker and Mercer. No: None. Mr. Clark moved for adoption. Motion seconded by Mr. Hutchinson. Yes: Douglas, Wise, Clark, Saxton, Baker, Mercer and Hutchinson. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-3-05 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO AN AGREEMENT WITH THE MIAMI COUNTY 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 Mr. Baker. Yes: Wise, Clark, Saxton, Baker, Mercer, Hutchinson and Douglas. No: None. Mrs. Baker moved for adoption. Motion seconded by Mr. Douglas. Yes: Clark, Saxton, Baker, Mercer, Hutchinson, Douglas and Wise. No: None. RESOLUTION ADOPTED January 18, 2005 Page Three ORDINANCE NO. O-1-05 AN ORDINANCE AUTHORIZING COOPERATION WITH THE OHIO DEPARTMENT OF TRANSPORTATION FOR PREVENTATIVE MAINTENANCE WORK ON BRIDGES This Ordinance was given first title reading. Mr. Douglas moved for suspension of rules requiring three readings. Motion seconded by Mrs. Baker. Yes: Saxton, Baker, Mercer, Hutchinson, Douglas, Wise and Clark. No: None. Mrs. Baker moved for adoption. Motion seconded by Mr. Hutchinson. Yes: Baker, Mercer, Hutchinson, Douglas, Wise, Clark and Saxton. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-2-05 ORDINANCE VACATING A UTILITY EASEMENT 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. Wise. Yes: Mercer, Hutchinson, Douglas, Wise, Clark, Saxton and Baker. No: None. Mr. Wise moved for adoption. Motion seconded by Mr. Hutchinson. Yes: Hutchinson, Douglas, Wise, Clark, Saxton, Baker and Mercer. No: None. ORDINANCE ADOPTED COMMENTS BY MAYOR: The Mayor noted: 1) The several activities associated with the Dr. Martin Luther King holiday were well supported by the community. 2) During a major fire on January 17 under very cold weather conditions, the Fire Department responded extremely well and efficiently. 3) On January 16 the new basketball floor at the Hobart Arena was dedicated. 4) Discord between a member of Council and a member of the administrative staff has been recently reported in the paper. He stated he feels that, just as in a family, discord should be followed by reconciliation, forgiveness, harmony, and moving on. The Mayor further commented that each member of Council brings a background and talent to meet the City’s priorities, and that each makes a difference as all care for the community. The Mayor stated he would like to see the front page of the newspaper focus on the positive aspects of the community and the work that is done for the many citizens served by Council and staff. COMMENTS BY DIRECTOR OF PUBLIC SERVICE AND SAFETY: Mr. Anderson spoke to Council Member Baker stating that he realized a recent email he sent had offended her and he apologized for that and for any embarrassment to Council collectively. Regarding the Local Government Funds, Mr. Anderson stated the City receives about $1.4 Million in such funds annually. There has been reports that the State may be considering retaining portions of these funds to balance the State budget, resulting in a revenue reduction for political subdivisions. Mr. Anderson encouraged Council to contact State legislators asking they not reduce the disbursement of the Local Government Funds. Mr. Anderson noted that Troy will be receiving a Management Innovation Award from the Ohio City Management Association. Mr. Anderson commented that some results of a high number of rental units may be seen in some recent issues of a property that had fallen into such disrepair as to be demolished, a historic older structure that burned, a possible high ratio of housing for adult parolees, foster children from other counties, and sexual predators, and the establishment of a rooming house in the near downtown area. COMMENTS OF DIRECTOR OF LAW: Mr. Dixon commented that as a member of the Ohio Municipal League Board of Trustees, it has become obvious that the Local Government Fund is in the sights of the State as being unfunded for the local entities, and he supports contacting State Legislators and encouraging them to protect our interest in retaining those funds. COMMENTS OF COUNCIL PRESIDENT: Mr. Lohrer stated he had attended a local Legislative Meeting where Oho Senator Roberts also spoke about the possibility of diminished funding for the Local Government Fund. Mr. Lohrer stated he had recently sent an email to all members of Council that he intended to be constructive, but he apologized if it offended anyone in any way. January 18, 2005 Page Four COMMENTS OF COUNCIL: -Mrs. Saxton stated she received a copy of the Centerville Ordinance banning smoking in restaurants and she would not object to Troy looking at this again, and she appreciates the Mayor’s words of encouragement. -Mr. Clark stated he understood a group of students may still try to place the no smoking in restaurants issue on a local ballot. He also commented that Operations Superintendent Scott Walter is doing a good job in encouraging recycling and more community efforts in this regard in the future will save the City money. -Mr. Mercer commented that 2004 saw a record number of fire and ambulance runs for the Fire Department and that December 24 had a record 31 ambulance runs for a single day. COMMENTS OF STAFF: -Chief Denney commented about a recent fire noting the cooperation received from so many departments. AUDIENCE COMMENTS: Karen Purke, 1125 Westridge Drive, complimented the tree ordinance being on the City’s web site, and stated she would like to see access to additional Ordinances in that manner. EXECUTIVE SESSION: A motion was made by Mrs. Saxton,. seconded by Mr. Clark to recess into Executive Session to discuss the purchase or property for a public purpose. Motion passed by unanimous roll call vote. At 7:59 p.m. Council recessed into Executive Session. At 8:32 p.m. Council returned from Executive Session, made no further comment, and adjourned at 8:33 p.m. _______________/s/________________ _________________/s/__________________ President of Council Clerk of Council |