| August 15, 2005 MINUTES OF COUNCIL A regular session of Troy City Council was held Monday, August 15, 2005, at 7:00 p.m. in Council Chambers. Members Present: Baker, Clark, Douglas, Hutchinson, Mercer and Saxton. Presiding Officer: William F. Lohrer, President of Council Others Present: Michael L. Beamish, Mayor Richard L. Cultiice, Auditor W. McGregor Dixon, Jr., Director of Law INVOCATION was given by Council Member Douglas. PUBLIC HEARINGS: At 7:02 p.m., Mr. Lohrer announced a public hearing on Ordinance No O-30-05. Melissa Kleptz, 450 Meadowood Drive, representing The Troy Foundation, stated the Foundation is seeking the rezoning to relocate their offices to 216 W. Franklin Street. There being no further comments, at 7:03 p.m., Mr.; Lohrer declared this public hearing closed. At 7:03 p.m., Mr. Lohrer announced a public hearing on Ordinance No. O-31-05. There were no comments, and at 7:04 p.m. Mr.; Lohrer declared this public hearing closed. MINUTES: The Clerk gave a summary of the Aug. 1, 2005, meeting of Council. There were no corrections or additions. Upon motion of Mr. Clark, seconded by Mr. Hutchinson, the corrected minutes were approved by unanimous roll call vote. COMMITTEE REPORTS: Buildings, Streets & Sidewalks Committee. Mrs. Baker, Chairman, reported as follows: (1) Committee has reviewed and supports the concept design for Fire Station 2 (legislative action not required). [Discussion – Mrs. Baker asked if it was necessary to approve the report, with Mr. Dixon advising approval was not required, but could be done if the Committee/Council wished.] (2) Committee recommends legislation be prepared for the replacement of the original roof on Fire Station 1 at a cost not to exceed $85,000. Reports signed by Douglas, Hutchinson and Baker. (3) Regarding the Norwich Road Water Line Project, Committee issues a majority and minority report as follows: - The Ohio Department of Transportation (ODOT) replaced a culvert on Norwich Road at West Main Street, causing West Main Street to be totally closed for 30 days. - The City anticipated a water line replacement in approximately the same area to replace old dead end lines and to improve water flow. - Quotes were received from two contractors based on the same information. One of the quotes received was from the State’s contractor that was doing the culvert work. The basis of the quotes included the City purchasing the pipe and the road restoration included in the paving contract. The two quotes were a few hundred dollars apart. - The lowest quote was less than $25,000 and included a commitment to not adding days to the time West Main Street would have to be closed. The other quote would have required the roadway to be closed an additional week. Purchases/projects with a cost less than $25,000 can be handled on a purchase order. For the water line, a purchase order was issued to Finfrock Construction Company. - There was additional work that was not part of the original scope of the water line, upon which the estimate was based, with that work being 3’ of additional excavation and backfill required due to utilities not on the plan, additional backfill, additional water line, and another hydrant. This added $11,462.50 to the cost, and the amount of $36,212.50 is now due the contractor. (This amount did not include $3,510 for preparation for paving, which was part of the paving contract. It also did not include $8,000 for pipe and $2,400 for the two fire hydrants that the City supplied.) Work was not halted as that would have delayed the project. - The amount of $36,212.50 exceeds the purchase order authority. To cover the cost of the completed work, legislative action is required to authorize a contract in the amount of $36,212.50. Council has been asked to provide such approval as an emergency so the contractor can be paid. - Council has concerns regarding receiving information after the work was completed, there were no contingency funds for the work, the City purchased the supplies, and there have been other projects that have required additional authorization. August 15, 2005 Page Two The Majority recommendation: While the majority do not want to see this type of trend continued, they feel the contractor should be paid for work done and recommend emergency legislation be prepared authorizing the Director of Public Service and Safety to enter into a contract with Finfrock Construction Company, Inc. in the amount of $36,212.50 for the Norwich Water Line Project. Signed by Douglas and Hutchinson The Minority Recommendation. The Committee Chairman does not support legislation authorizing the additional payment. I am not stating that the contractor should not be paid. This recommendation is made to send a message to staff that Council should not be presented with these types of issues after the fact and it should not be presumed that Council will continue to approve them. Signed by Baker. Discussion. Mr. Clark commented that he felt payment was due to the contractor who had performed the work in good faith Mrs. Saxton comment that she sees this as work that came in under the amount in the budget. Mr. Mercer commented that the purpose of the Committee meeting had been to consider if there would be authorization to pay the contractor; no member of Council was happy with the way the project was handled; and the majority felt it was important to pay the contractor. Referring to the wording of the minority report of: “I am not stating that the contractor should not be paid.”, Mr. Mercer asked if that was supporting the majority report. After some discussion, Mrs. Baker suggested the wording be changed to “I am not stating that the contractor did not do a good job.” Personnel Committee: Mr. Clark, Chairman, reported that Committee supports the following appointments to the City Beautification Committee, all with terms ending 7-1-07: Reappointments Judy Fissinger, Wanda Tremblay New Appointments Sandy Fisher, Steve Huels, Erin Adams, Rick Smith. Report signed by Mercer, Saxton and Clark. Upon motion of Mr. Mercer, seconded by Mrs. Saxton, the City Beautification Committee appointments were approved by unanimous roll call vote. Audience comments regarding Committee Reports or Agenda: Lester Conard, 1210 S. Clay Street, regarding the Norwich Road Water Line project, stated he had read that a gas line was a problem and questioned how the location of a gas line would not be known, that not having this information cost the City more money, and he applauded Mrs. Baker for her stand on the issue. Mr. Douglas advised that the gas line was closer to the City’s utility lines than expected and considerably deeper, and all that was unusual. Mr. Dixon stated he wanted to clarify the additional cost comment, noting that if the gas line location had been know from the beginning, the cost would have been the same as is now being considered – the only difference is that the location and cost would have been known from the beginning. Mr. Cultice noted that the budget amount for this project was submitted about a year ago, it was just a guess at that time. He further commented that: one can’t be over critical when talking about digging underground, a significant number of projects that do not get attention are those that come in under budget and authorization, those that may cost more than estimated are a small number when you look at all the projects; there does need to be a better job of getting information to Council; and on this project it would have cost the same because of the underground matters. Lester Conard indicated he feels that when there are quotes there is an agreed price that should stay the same. Mr. Cultice advised that it is not reasonable to expect that to be the case every time, people expect to be paid for the work they do, and there is always the potential for unusual circumstances, although the City wants that to be as infrequent as possible. Mr. Clark commented that he did not feel this was a matter of a project going over an estimate, rather it was adding to the project. August 15, 2005 Page Three RESOLUTION NO. R-43-05 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 REPLACEMENT OF THE ROOF ON FIRE STATION 1 This Resolution was given first title reading. Mr. Mercer moved for suspension of rules requiring three readings. Motion seconded by Mr. Douglas. Yes: Douglas, Clark, Baker, Hutchinson, Saxton, and Mercer. No: None. Mr. Douglas moved for adoption. Motion seconded by Mr. Clark. Yes: Clark, Baker, Hutchinson, Saxton, Mercer, and Douglas. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-44-05 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO AN AGREEMENT WITH FINFROCK CONSTRUCTION CO. FOR INSTALLATING A NEW WATER LINE ACROSS WEST MAIN STREET FROM NORTH NORWICH ROAD TO SOUTH NORWICH ROAD AND DECLARING AN EMERGENCY This Resolution was given first title reading. Mr. Douglas moved for suspension of rules requiring three readings. Motion seconded by Mr. Clark. Yes: Baker, Hutchinson, Saxton, Mercer, Douglas, and Clark. No: None. Mr. Clark moved for adoption. Motion seconded by Mr. Mercer. Yes: Hutchinson, Saxton, Mercer, Douglas and Clark. No: Baker. RESOLUTION ADOPTED ORDINANCE NO. O-30-05 AN ORDINANCE CHANGING ZONING FOR 216 W. FRANKLIN STREET, LOCATED IN THE CITY OF TROY, OHIO, FROM R-7, MULTIPLE FAMILY RESIDENTIAL, TO OR-1 OFFICE RESIDENCE DISTRICT This Ordinance was given first title reading on August 1, 2005. Given public hearing and second title reading. ORDINANCE NO. O-31-05 AN ORDINANCE CHANGING ZONING FOR 0.764 ACRES, LOCATED IN THE CITY OF TROY, OHIO, FROM OC-1, OFFICE COMMERCIAL DISTRICT, TO OR-1, OFFICE RESIDENCE DISTRICT This Ordinance was given first title reading on August 1, 2005. Given public hearing and second title reading. COMMENTS OF MAYOR. Mayor Beamish thanked all the volunteers who worked on the recent National Night Out event. COMMENTS OF MEMBERS OF COUNCIL. -Mr. Clark congratulated Chief Phelps and the Police Department in working together with other entities in the recent capture of two escaped prisoners. -Mr. Mercer noted $65,000 more than expended has been received from the TAP through July. There have been 94 warnings issued and 20 persons suspended for the season. -Saxton noted that the National Night Out event was a huge success, and people complimented moving the event to the park. August 15, 2005 Page Four -Mr. Hutchinson noted that he was fortunate to be in a recent community play that raised about $4,000 for a local charity - Partners in Hope. -Mr. Douglas noted that all members looked at the plans for the Fire Station and were comfortable with proceeding. -Mr. Douglas noted that Tom Kendall will soon be formally appointed to Council to replace Craig Wise, who resigned. AUDIENCE COMMENTS. -Elmer Jordan, Brookview Drive, provided an update on the expanding bike paths. (Mr. Jordan stated it was his concept and it seems that some people forgot his involvement.) He stated that a million dollar grant has been approved for a path between Troy and Piqua, although the route is not final. He also stated he would to see the gravel pits on Dye Mill Road become a park/lake and see further extension of the bike path along the Sewage Treatment Plant. Raymond Favorite, thanked the Police and Fire Departments for quick response during a recent chemical spill. There being no further business, Council adjourned at 7:55 p.m. _________________/s/_______________ ________________/s/____________________ President of Council Clerk of Council |