| October 17, 2005 MINUTES OF COUNCIL A regular session of Troy City Council was held Monday, October 17, 2005, at 7:00 p.m. in Council Chambers. Members Present: Baker, Clark, Douglas, Hutchinson, Kendall, Mercer and Saxton. 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: An invocation was given by Council Member Douglas. MINUTES: The Clerk gave a summary of the October 3, 2005, meeting of Council. There were no corrections or additions. Upon motion of Mrs. Saxton, seconded by Mr. Hutchinson, the minutes were approved by unanimous roll call vote. COMMITTEE REPORTS: Buildings, Streets & Sidewalks Committee: Mrs. Baker, Chairman, reported as follows: 1) Committee recommends emergency legislation be prepared authorizing the Ohio Department of Transportation to Improve SR 44 (area of Grant/Peters to Franklin Street) with the City paying 20% of the estimated cost (or $38,720). 2) Committee had reviewed a request that Council approve a Resolution supporting State Issue 1. Committee recognized the benefit the City has received from such funding for infrastructure improvements, does not support recommending to citizens on ballot issues, and does not ask that Council consider legislation on the issue. Reports signed by Douglas, Hutchinson and Baker. Discussion regarding support of Issue I. -Mr. Clark stated he appreciated the Committee position on a Resolution of Support on Issue 1; however, he recognizes Troy has benefited by more than $7,000,000 on 23 projects from this type of revenue, and he made a motion that Council supports Issue 1. Motion seconded by Mrs. Saxton. -Mrs. Saxton asked what brought the Committee to the decision. Mrs. Baker stated that Council has not supported State Issues in the past, there are a number of State and local issues on the November ballot, there is no limit on who might come forward in the future to ask for support, some issues can be controversial, most issues have two sides, the Committee concurred that it was best not to state a stand on Issue 1, but the Committee did agree with the benefit the City has received from Issue 1 funding.. -Mrs. Saxton asked who requested the Resolution of support. Mrs. Baker stated it came from County Engineer Doug Christian. -Mayor Beamish stated that Arthur Haddad (former County Engineer and City Service and Safety Director) had also requested the Resolution of support. -Mr. Anderson commented that the Ohio Municipal League had also asked for the Resolution and that the Dayton Area Mayors and Managers organization, representing approximately 25 communities, had also voted to support Issue 1 and to recommend their City Councils do the same. -Mr. Clark stated he feels Issue 1 is a nonpartisan issue, it creates jobs, saves the City from going to the tax payers to fund these types of improvements, and benefits the tax payers. Mrs. Baker commented that opposition to Issue 1 has been expressed by Representative Diana Fessler and Ohio Secretary of State Kenneth Blackwell, and that support one way or the other will not impact Troy’s funding for projects. -Mr. Clark stated that Representative Fessler and Secretary Blackwell do not live here in Troy. Vote for support of Issue 1 - Yes: Clark, Douglas, Mercer, Saxton. No: Baker, Hutchinson, Kendall. MOTION PASSED Finance Committee: Mr. Mercer, Chairman, reported as follows: 1) Committee recommends legislation be prepared authorizing the purchase of a replacement jet-vac (not an additional piece of equipment) at a cost not to exceed $165,302.78, with the legislation to be an emergency measure so that the purchase can be accomplished before the 8% cost increase takes effect. 2) Committee supports bond legislation at the November 7 meeting to re-finance prior utility bonds that would result in a cost savings about $30,000 a year (net of re-issuance costs). Committee noted that bond legislation will be an emergency measure. Reports signed by Douglas, Kendall and Mercer. October 17, 2005 Page Two Recreation and Parks Committee: Mr. Kendall, Chairman, reported that Committee recommends legislation be prepared authorizing the Park Board to advertise for bids for the lease of the property known as the Barn in the Park. Report signed by Hutchinson, Saxton and Kendall. There were no audience comments regarding Committee Reports or Agenda. RESOLUTION NO. R-58-05 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO PURCHASE A REPLACEMENT JET-VAC FOR THE SEWAGE MAINTENANCE DIVISION THROUGH THE STATE OF OHIO PURCHASE PROGRAM AND DECLARING AN EMERGENCY This Resolution was given first title reading. Mr. Mercer moved for suspension of rules requiring three readings. Motion seconded by Mrs. Saxton. Yes: Hutchinson, Kendall, Mercer, Saxton, Baker, Clark and Douglas. No: None. Mr. Clark moved for adoption. Motion seconded by Mr. Kendall. Yes: Kendall, Mercer, Saxton, Baker, Clark, Douglas and Hutchinson. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-59-05 FINAL RESOLUTION AUTHORIZING THE IMPROVEMENT OF STATE ROUTE 55 (AREA OF GRANT STREET/PETERS ROAD TO FRANKLIN STREET) WITHIN THE CITY OF TROY, OHIO, BY THE OHIO DEPARTMENT OF TRANSPORTATION, AUTHORIZING THE PAYMENT OF TROY’S SHARE OF THE PROJECT, AND AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO EXECUTE RELATED DOCUMENTS AND DECLARING AN EMERGENCY This Resolution was given first title reading. Mrs. Baker moved for suspension of rules requiring three readings. Motion seconded by Mr. Hutchinson. Yes: Mercer, Saxton, Baker, Clark, Douglas, Hutchinson and Kendall. No: None. Mrs. Baker moved for adoption. Motion seconded by Mr. Hutchinson. Yes: Saxton, Baker, Clark, Douglas, Hutchinson, Kendall and Mercer. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-60-05 RESOLUTION AUTHORIZING THE BOARD OF PARK COMMISSIONERS OF THE CITY OF TROY, OHIO TO ENTER INTO A LEASE AGREEMENT FOR THE BARN IN THE PARK This Resolution was given first title reading. Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Clark. Yes: Baker, Clark, Douglas, Hutchinson, Kendall, Mercer and Saxton. No: None. Mr. Kendall moved for adoption. Motion seconded by Mr. Mercer. Yes: Clark, Douglas, Hutchinson, Kendall, Mercer, Saxton and Baker. No: None. RESOLUTION ADOPTED ORDINANCE NO O-36-05 ORDINANCE CHANGING ZONING FOR INLOT 2254, 2314, 8709 AND PART OF OUTLOTS 43, 44, AND 129, LOCATED IN THE CITY OF TROY, OHIO, FROM R-6, TWO-FAMILY RESIDENTIAL TO OR-1, OFFICE RESIDENCE ZONING. This Ordinance was given first title reading. October 17, 2005 Page Three COMMENTS OF MEMBERS OF COUNCIL. -Mrs. Saxton commended staff for the excellent condition of streets and sidewalks in Troy. She also noted that work is being done at Operation Cloverleaf and thanked the lawn care companies that volunteer their work to maintain this area (I-75/SR-41 interchange). -Regarding Operation Cloverleaf, Mr. Mercer noted that seven companies are involved in the public-private partnership to maintain the area; the group will be prepping the 20 acre area for the winter; they are trying to privately raise $150,000 for new landscaping and planting; the companies involved have donated over $40,000 of in-kind services in maintaining the area both last year and this year. -Mr. Clark also commended the volunteers of Operation Cloverleaf. -Mr. Mercer stated he hopes Elm Street will be paved this week. -Mrs. Baker asked Mr. Douglas about his yes vote on the motion to support Issue 1 while supporting the Committee recommendation. Mr. Douglas stated he sees the motion of support different from a legislated Resolution of Support. Mrs. Baker stated she does not understand the process of Council members not attending a Committee meeting/ discussion and then over-ruling or disregarding what the Committee has recommended, and if this happens it seems that Committee meetings serve no purpose. -Mr. Lohrer stated there have been times committees have been unanimous in a recommendation and Council has not supported the legislation by at 4-3 vote. Mrs. Baker asked if Mr. Lohrer could document such instances. -Mr. Mercer commented that he attended the Committee Meeting and agreed with the Committee as to not having legislation to support Issue 1; however, he believes that all in attendance felt that it is an important issue personally. -Mrs. Baker stated she feels the action on the motion is sending a mixed message to public. -Mr. Douglas stated he feels Issue 1 is important, but the support should not be a matter of legislation. -Mr. Clark apologized for not being at the Committee meeting, he has talked to persons very knowledgeable about the Issue, he supports the Committee’s position that not every request should be legislation, but he feels Issue 1 brings jobs to the community and provides improvements to the Community. Mrs. Baker asked Mr. Clark if he knew where the Issue 1 money came from and he said he did not know. Mrs. Baker replied that it is the taxpayers’ money. There being no further business, Council adjourned at 7:41 p.m. ______________/s/_________________ _________________/s/__________________ President of Council Clerk of Council |