| October 2, 2006 MINUTES OF COUNCIL A regular session of Troy City Council was held Monday, October 2, 2006, at 7:00 p.m. in Council Chambers. Members Present: Baker, Clark, Douglas, Harrah, Kendall, Mercer and Saxton. Presiding Officer: William F. Lohrer, President of Council Others Present: Michael L. Beamish, Mayor Arthur D. Haddad, Interim Director of Public Service and Safety W. McGregor Dixon, Jr., Director or Law Richard L. Cultice, City Auditor INVOCATION: An invocation was given by Council Member Mercer. INTRODUCTION: New and outgoing members of the Mayors Youth Council were introduced. MINUTES: The Clerk gave a summary of the September 18, 2006, meeting of Council. There were no corrections or additions to these minutes. Upon motion of Mr. Clark, seconded by Mr. Kendall, the minutes were approved by unanimous roll call vote. COMMITTEE REPORTS: Buildings, Streets & Sidewalks Committee: Mr. Douglas, Chairman, reported as follows: 1) Committee supports the City proceeding with design of improvements at the intersection of SR 41 and Stanfield Road at a cost of $23,420. The project is due to high traffic volumes on West Main Street, that the general area is a high accident area, safety issues, and the potential of additional traffic. Committee noted that legislation is not required based on the cost of the design work. Committee further noted that staff has met with the Ohio Department of Transportation (ODOT) about additional improvements to W. Main Street to establish a drop lane for northbound traffic on Stanfield Road at the approach to W. Main Street and improvements otherwise on W. Main Street. ODOT has agreed to fund an Interchange Modification Study and, if improvements are warranted from that study, fund 90% of the construction costs. The City would have to fund the design of the further improvements and pay the 10% portion of the construction. Committee also noted that funding assistance to the County for improvements to Experiment Farm Road (to Farrington Road) will need to be addressed in the future as the City had previously made commitments to assist with these improvements. (Copy of entire report attached to original minutes.) 2) Committee recommends legislation be prepared authorizing application for the 2007 OPWC project of the reconstruction of McKaig Road from Cartwright Court to SR 718. Discussion. Mrs. Baker asked if the road work will improve the drainage in the area. Mr. Haddad stated that drainage will be taken into account when the project is designed. Mrs. Baker asked what is minimal widening. Mr. Haddad stated he did not have the exact measurement, but it would be mainly on the north side. Mr. Haddad also noted that the funding of the project was increased from 25% to 40% based on the recommendation of the Miami County Engineer. Mr. Douglas commented that the widening would be within existing right-of-way. Reports signed by Clark, Kendall and Douglas. Finance Committee: Mr. Mercer, Chairman, reported that Committee recommends legislation be prepared authorizing contracts with Rozzi’s Famous Fireworks for the July 4, 2007 fireworks at a cost not to exceed $31,500 (the same amount as the 2006 fireworks). Report signed by Mercer, Douglas and Kendall. Personnel Committee: Mr. Kendall, Chairman, reported as follows: 1) Committee recommends legislation be prepared authorizing an agreement with the firm of Denlinger, Rosenthal and Greenberg for legal services for collective bargaining and related personnel services. Committee noted that there is not a cap for this type of professional services agreement. 2) Committee recommends legislation be prepared as an emergency measure confirming and ratifying the understanding of the law and rules set forth regarding residency by the Troy Civil Service Commission that employees must reside in the City of Troy or within five miles of the City Limits. Committee noted that a recent act of the State legislature attempted to address residency on a state-wide basis, but the position of the City is that this conflicts with the Constitution of the State of Ohio (Article XVIII, Section 3). The State legislation has been the subject of various filings of litigation and is not likely to resolved in the near future. Reports signed by Clark, Harrah and Kendall. October 2, 2006 Page Two Audience Comments on Committee Reports and Agenda. Jerry Stichter, 467 W. Staunton Rd., indicated that he did not feel the Committee meetings the morning of Sept. 29 were held at a convenient time, and also commented regarding calculating costs for design work. Wm Phelps, 1125 Long Street, asked about residency requirements. Mr. Dixon advised that the residency requirement has been established by the Civil Service Commission, elected officials must live in the City limits, and if any employees are in violation of the residency requirement the City should be so advised. RESOLUTION NO. R-48-06 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO MAKE APPLICATION FOR OHIO PUBLIC WORKS COMMISSION (OPWC) FUNDS FOR THE MCKAIG ROAD IMPROVEMENT (CARTWRIGHT COURT TO SR 718) 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: Saxton, Mercer, Baker, Kendall, Clark, Douglas and Harrah. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mr. Douglas. Yes: Mercer, Baker, Kendall, Clark, Douglas, Harrah and Saxton. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-49-06 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO EMPLOY COUNSEL FOR THE PURPOSES OF NEGOTIATION AND COLLECTIVE BARGAINING This Resolution was given first title reading Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mrs. Saxton. Yes: Baker, Kendall, Clark, Douglas, Harrah, Saxton and Mercer. No: None Mrs. Saxton moved for adoption. Motion seconded by Mr. Kendall. Yes: Kendall, Clark, Douglas, Harrah, Saxton, Mercer and Baker. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-50-06 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. Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Mercer. Yes: Clark, Douglas, Harrah, Saxton, Mercer, Baker and Kendall. No: None Mr. Clark moved for adoption. Motion seconded by Mrs. Saxton. Ye: Douglas, Harrah, Saxton, Mercer, Baker, Kendall and Clark. No: None. RESOLUTION ADOPTED ORDINANCE NO. O-34-06 AN AMENDED ORDINANCE AMENDING SECTION 521.07 OF THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO REGULATING FENCES This Ordinance was given first title reading on 9-5-06. Given second title reading on 9-18-06. Given third title reading. Discussion. Mrs. Saxton commented that fence regulations in business areas may need to be reviewed. October 2, 2006 Page Three Mrs. Saxton moved for adoption. Motion seconded by Mr. Kendall. Yes: Harrah, Saxton, Mercer, Kendall, Clark and Douglas. No: Baker. ORDINANCE ADOPTED ORDINANCE NO. O-38-06 AN ORDINANCE RATIFYING AND CONFIRMING THE RESIDENCY RULE FOR EMPLOYEES OF THE CITY OF TROY, OHIO AS ESTABLISHED BY THE TROY CIVIL SERVICE COMMISSON AND DECLARING AN EMERGENCY. This Ordinance was given first title reading. Mr. Mercer moved for suspension of rules requiring three readings. Motion seconded by Mrs. Saxton. Yes: Saxton, Mercer, Baker, Kendall, Clark, Douglas and Harrah. No: None Mr. Mercer moved for adoption. Motion seconded by Mrs. Saxton. Yes: Mercer, Baker, Kendall, Clark, Douglas, Harrah and Saxton. No: None. ORDINANCE ADOPTED COMMENTS OF MAYOR. The Mayor commented that: 1) The Youth Council has a mission to be involved in the community and provide the view point of the young people of the community. 2) He, Mr. Lohrer, Mr. Haddad and Steve Quillen (Board of Elections) spent a half-day interacting with THS senior government students. 3) Several persons from Troy visited Batesville, Indiana and met with representatives of that Community. Batesville officials are seeking Troy’s advice regarding economic development. COMMENTS OF INTERIM DIRECTOR OF PUBLIC SERVICE AND SAFETY: Mr. Haddad commented that: 1) The extra high service booster station was put in service on October 2 and will provide improved water service to the western area of the City. 2) Regarding the County Transit System, there has been a proposal submitted to the Board of County Commissioners that a Steering Committee be formed with representatives from Troy, Piqua and Tipp City and the County to review funding mechanisms for the transit system. 3) Council was provided details regarding the procedures for filling Fire Department command staff positions. Due to the retirement of the Fire Chief, there will be a series of examinations and promotions. COMMENTS OF COUNCIL: -Mr. Harrah asked for a report regarding ODOT repainting lanes on S. Market Street (where some lanes may be too narrow). He was advised that staff understands ODOT will repaint the lanes in the near future. -Mr. Kendall noted that information will be presented to Council about additional GIS applicability to City functions. -Members of Council expressed appreciation to the Miami County Park District for the tour of the Hobart Urban Nature Preserve (HUNP), which tour occurred prior to the Council meeting. Mrs. Baker noted the HUNP opens to the public on May 11, 2007. -Mr. Mercer stated he has seen the dura patcher (equipment for roadway maintenance) at work and feels the money spent on the equipment was well worth it due to the efficiency and work product gained. -Mr. Clark asked about a traffic light at McKaig and Dorset and was advised that project will be in the 2007 budget for funding considerations. CITIZEN COMMENTS. -William Chavis, 525 McKaig, asked if the McKaig Road improvement will include improvements to the McKaig/Race Park. He was advised that the roadway work is not near that park and requested improvements should be requested to the Board of Park Commissioners. -Debra Stichter, 467 W. Staunton Road, regarding SR 41 improvements and the enterprise zone agreement with Honda, questioned points of the agreement which talked about the traffic pattern until a new route could be arrived at. Mr. Haddad explained that the improvements of Experiment Farm Road, Farrington Road and 25A are still part of the City and County plans using OPWC funds. These improvements are not anticipated until about 2010. The SR41/Stanfield improvements and a drop lane are needed sooner due to as safety matters. Mr. Haddad further commented that as the City and State consider the SR41 access to I-75 a “hot spot” due to the number of traffic accidents, the State is willing to financially cooperate with the improvement. October 2, 2006 Page Four -Jerry Stichter, 467 W. Staunton Road, asked how many employees live outside Troy, commenting he understood the number could be 47%, and if that was correct it shows that a residency requirement is needed. It was noted that the exact number was not known but would be checked. Mr. Stichter stated there are 27 dead trees on Towne Park Drive. Mr. Haddad advised that the Park Department will be replacing the trees. EXECUTIVE SESSION. A motion was made by Mr. Mercer, seconded by Mr. Clark, to recess into executive session to discuss negotiations with our public employees concerning their terms and conditions of employment. Motion passed by unanimous roll call vote. At 8:10 p.m. Council recessed into executive session. At 8:50 p.m. Council returned from executive session, made no further comments and adjourned. __________________________________________ ___________________________________________ President of Council Clerk of Council |