| December 19, 2005 MINUTES OF COUNCIL A regular session of Troy City Council was held Monday, December 19, 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 Mayor Beamish. MINUTES: The Clerk gave a summary of the December 5, 2005, meeting of Council. There were no corrections or additions. Upon motion of Mrs. Baker, seconded by Mr. Hutchinson, the minutes were approved by unanimous roll call vote. COMMITTEE REPORTS: Buildings, Streets and Sidewalks Committee. Mrs. Baker, Chairman, reported as follows: 1) Committee recommends emergency legislation be prepared authorizing a contract with Finfrock Construction Co., Inc. in an amount not to exceed $75,000 to replace a culvert on Troy-Urbana Road between Maplecrest Drive and DeWeese Road. Because the culvert failed and must be replaced immediately so the road can be opened, State Law provides for a contract to be awarded without bidding where there such safety circumstances. 2) Committee recommends emergency legislation be prepared authorizing an additional payment to ODOT for the City’s share of the State improving SR 55 (area of Grant/Peters to Franklin Street), with the additional payment resulting from the bids received by the State exceeding the estimate. Reports signed by Douglas, Hutchinson and Baker. Finance Committee. Mr. Mercer, Chairman, reported that Committee recommends legislation be prepared to establish a Fire Insurance Escrow Fund in accordance with the ORC. In the event of a major fire the City may receive a small portion of the fire insurance claim to hold until the owner makes repairs/removes the structure or to be used by the City as part of the cost if the City has to demolish the property. Report signed by Douglas, Kendall and Mercer. Law & Ordinance Committee. Mrs. Saxton, Chairman, gave the oral report that the Mayor has asked Council approval of the reappointment of Joyce Fraas to the Miami County Board of Health for term commencing immediately and ending 12-31-2010. Upon motion of Mrs. Saxton, seconded by Mr. Clark, the reappointment of Mrs. Fraas was approved by unanimous roll call vote. Mrs. Saxton, Chairman, gave the oral report that the Mayor has asked Council approval of the reappointment of Carl Goubeaux and Kent Frauenberger to the Board of Zoning Appeals for terms commencing immediately and ending 12-31-2010. Upon motion of Mrs. Saxton, seconded by Mr. Clark, the reappointments of Messrs. Goubeaux and Frauenberg were approved by unanimous roll call vote. Mrs. Saxton, Chairman, reported as follows: 1) Committee recommends legislation be prepared authorizing execution of an Intergovernmental Cooperation Agreement maintaining the City’s membership in the BUSINESS FIRST! Program. The Troy Development Council pays any fees and operates the program, which is training and working with local businesses on their retention and expansion. 2) Committee recommends emergency legislation be prepared authorizing a petition to the County to annex the land for replacement Fire Station 2. The emergency provision is so that the annexation can be completed prior to construction so that construction is to City standards. Reports signed by Kendall, Mercer and Saxton. Safety & Health Committee. Mr. Hutchinson, Chairman, reported that Committee recommends emergency legislation be prepared authorizing a one-year contract (with a one-year renewal) with Concord Twp. for the City providing fire and EMS services, with the Township paying $293,179.10 for 2006. The current agreement expires 12-31-05. A one-year agreement is recommended to assure the City is not subsidizing the service in view of rising operational costs. Report signed by Baker, Clark and Hutchinson. December 19, 2005 Page Two There were no audience comments regarding Committee Reports or Agenda. RESOLUTION NO. R-76-05 RESOLUTION AUTHORIZING PAYMENT TO THE OHIO DEPARTMENT OF TRANSPORTATION FOR STATE ROUTE 55 IMPROVEMENTS AND DECLARING AN EMERGENCY This Resolution was given first title reading. Mr. Douglas moved for suspension of rules requiring three readings. Motion seconded by Mrs. Baker. Yes: Kendall, Baker, Clark, Hutchinson, Saxton, Douglas and Mercer. No: None. Mr. Mercer moved for adoption. Motion seconded by Mr. Clark. Yes: Baker, Clark, Hutchinson, Saxton, Douglas, Mercer and Kendall. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-77-05 RESOLUTION AUTHORIZING A CONTRACT WITH CONCORD TOWNSHIP TO PROVIDE FIRE AND EMS PROTECTION AND DECLARING AN EMERGENCY This Resolution was given first title reading. Mr. Hutchinson moved for suspension of rules requiring three readings. Motion seconded by Mr. Kendall. Yes: Clark, Hutchinson, Saxton, Douglas, Mercer, Kendall and Baker. No: None. Mr. Clark moved for adoption. Motion seconded by Mr. Hutchinson. Yes: Hutchinson, Saxton, Douglas, Mercer, Kendall, Baker and Clark. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-78-05 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY TO EXECUTE AN INTERGOVERNMENTAL COOPERATION AGREEMENT This Resolution was given first title reading. Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Hutchinson. Yes: Saxton, Douglas, Mercer, Kendall, Baker, Clark and Hutchinson. No: None. Mr. Kendall moved for adoption. Motion seconded by Mr. Clark. Yes: Douglas, Mercer, Kendall, Baker, Clark, Hutchinson and Saxton. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-79-05 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO A CONTRACT WITH FINFROCK CONSTRUCTION COMPANY, INC. FOR THE REPLACEMENT OF THE CULVERT ON TROY-URBANA ROAD AND DECLARING AN EMERGENCY This Resolution was given first title reading. Mr. Hutchinson moved for suspension of rules requiring three readings. Motion seconded by Mrs. Saxton. Yes: Mercer, Kendall, Baker, Clark and Hutchinson. No: None. Mrs. Baker moved for adoption. Motion seconded by Mr. Hutchinson. Yes: Douglas, Mercer, Kendall, Baker, Clark, Hutchinson and Saxton. No: None. RESOLUTION ADOPTED December 19, 2005 Page Three ORDINANCE NO O-44-05 ORDINANCE AMENDING ORDINANCE NO. O-55-04, 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. Douglas moved for suspension of rules requiring three readings. Motion seconded by Mr. Kendall. Yes: Mercer, Kendall, Baker, Clark, Hutchinson, Saxton and Douglas. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mr. Clark. Yes: Kendall, Baker, Clark, Hutchinson, Saxton, Douglas and Mercer. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-45-05 ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO PETITION THE BOARD OF COMMISSIONERS OF MIAMI COUNTY, OHIO FOR ANNEXATION OF A CERTAIN 3.541 ACRE TRACT IN STAUNTON TOWNSHIP TO THE CITY OF TROY, OHIO AND DECLARING AN EMERGENCY This Ordinance was given first title reading. Mr. Kendall moved for suspension of rules requiring three readings. Motion seconded by Mr. Douglas. Yes: Baker, Clark, Hutchinson, Saxton, Douglas, Mercer and Kendall. No: None. Mr. Clark moved for adoption. Motion seconded by Mrs. Saxton. Yes: Clark, Hutchinson, Saxton, Douglas, Mercer, Kendall and Baker. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-46-05 ORDINANCE ADOPTING CHAPTER 1315 OF THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO CONCERNING FIRE LOSS INSURANCE SECURITY FUND This Ordinance was given first title reading. Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Hutchinson. Yes: Hutchinson, Saxton, Douglas, Mercer, Kendall, Baker and Clark. No: None. Mr. Clark moved for adoption. Motion seconded by Mr. Kendall. Yes: Saxton, Douglas, Mercer, Kendall and Baker, Clark and Hutchinson. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-47-05 AN ORDINANCE TO APPROVE AND ADOPT THE 2005 TROY CODIFIED ORDINANCES This Ordinance was given first title reading. Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Hutchinson. Yes: Hutchinson, Saxton, Douglas, Mercer, Kendall, Baker and Clark. No: None. Mr. Clark moved for adoption. Motion seconded by Mrs. Saxton. Yes: Saxton, Douglas, Mercer, Kendall and Baker, Clark and Hutchinson. No: None. ORDINANCE ADOPTED December 19, 2005 Page Four COMMENTS OF MAYOR. The Mayor thanked Council for approval of the three appointments to Boards, provided a reminder that the 2nd annual First Night New Year’s Eve Celebration will be held 12-31, and thanked Mr. Hutchinson for his service on Council. COMMENTS OF DIRECTOR OF PUBLIC SERVICE AND SAFETY. Mr. Anderson noted that a comparison of the swimming pool operations of Troy and Tipp City has been provided to elected officials. He also noted that a performance review of the City organization since May 2002 has been distributed to elected officials, with this document noting a number of improvements, that 157 contracts were authorized with 151 ending up within the individual budgets, and of the $43,434,933 amount authorized for contracts, $8,385,010 was not needed to complete the projects. Mr. Anderson expressed his appreciation to Public Works Director Steve Leffel and his staff for the outstanding record on projects and contracts. Mr. Anderson also thanked Mr. Hutchinson for his service. COMMENTS OF CITY AUDITOR: Mr. Cultice thanked those involved in working to oversee the finances of the City. COMMENTS OF COUNCIL PRESIDENT: Mr. Lohrer acknowledged Mr. Hutchinson’s work on behalf of the City during his two years on Council. COMMENTS OF MEMBERS OF COUNCIL. -Mr. Hutchinson expressed his appreciation for serving on Council. -Members of Council thanked Mr. Hutchinson for his efforts during his term on Council. -Mrs. Baker asked about a recent approved Park Board policy for the use of park land and asked why the United Way is specifically mentioned for allowed use of park land and services. Mr. Dixon stated that the United Way use of public land is a historical reference. Mrs. Baker asked about other entities, such as the Troy Foundation being able to use park land/services/equipment. Mrs. Baker suggested there be a meeting to review provisions on the open record law and the sunshine law by the Director of Law, and that staff could be advised of such meeting. Mayor Beamish and Council President Lohrer presented a plaque to Mr. Frank Hutchinson in recognition of his two-year term on Council. There being no further business, Council adjourned at 7:47 p.m. ________________/s/________________ __________________/s/__________________ President of Council Clerk of Council |