| June 5, 2006 MINUTES OF COUNCIL A regular session of Troy City Council was held Monday, June 5, 2006, at 7:00 p.m. in Council Chambers. Members Present: Baker, Clark, Douglas, Harrah, Kendall and Mercer. Upon motion of Mr. Douglas, seconded by Mr. Kendall, Mrs. Saxton was excused from this meeting by unanimous roll call vote. Presiding Officer: William F. Lohrer, President of Council Others Present: Michael L. Beamish, Mayor W. McGregor Dixon, Jr., Director of Law Arthur D. Haddad, Interim Director of Public Service and Safety. INVOCATION: An invocation was given by Council President Lohrer. AMEND AGENDA. A motion was made by Mrs. Baker, seconded by Mr. Harrah, to amend the agenda to add R-32-06, legislation to place before the voters four year term lengths for the positions of President of Council and members of Council, with that for the President of Council for term beginning 1-1-2008, that for the At-large members of Council beginning 1-1-2008, and that for the Ward members of Council beginning 1-1-2010. MINUTES: The Clerk gave a summary of the May 15, 2006, meeting of Council. There were no corrections or additions to these minutes. Upon motion of Mr. Harrah, seconded by Mr. Clark, the minutes were approved by unanimous roll call vote. COMMITTEE REPORTS: Buildings, Streets & Sidewalks Committee: Mr. Douglas, Chairman, reported that Committee recommends emergency legislation be prepared authorizing the payment of an additional $1,054.16 to the Ohio Department of Transportation (ODOT) for the City share of the State paving SR 55 from the area of Andy’s Garden to Kroger’s in 2004. This will make Troy’s total contribution $91,725.74 of a $460,693.62 project. Emergency legislation will provide for the immediate payment of funds due. Report signed by Clark, Kendall and Douglas. Finance Committee: Mr. Mercer, Chairman, reported as follows: 1) Committee recommends legislation be prepared authorizing the following projects for the $94,000 of FY 2006-07 CDBG Formula Grant Program Funds: $ 65,000 Public Square alley reconstruction (NE Alley from Walnut Street to Public Square) $ 17,000 Lincoln Community Center for structural repairs $ 2,500 Allocation to the Miami County Fair Housing Board (annual contribution). $ 9,500 Program Administration/environmental reviews (funds paid to a consultant to assure that applications and documentation are correctly filled out and filed with the State). 2) Committee recommends legislation be prepared approving the Subordination Agreement for Fiessinger Family, Ltd so that part of the property on S. Dorset Road (Road Pop Stop) can be sold to another company, leaving sufficient security for the City’s loan, and not changing the terms and conditions of the City’s loan. Reports signed by Douglas, Kendall and Mercer. Personnel Committee. Mr. Kendall, Chairman, reported that Committee again recommends emergency legislation be prepared to extend the existing military leave benefits to exceed those required by Federal Law only for those employees who were members of a reserve military unit or Ohio National Guard Unit on September 11, 2001 and might be called to active duty as a result of the terrorist attacks of September 11. The extended benefits are: - The City pays the employee the difference between the employee’s regular pay (including longevity) and the military pay, assuming the military pay is less. - Keep the employee (and family of the employee) on the group health, life and dental insurance plans, with the employee responsible for any employee contributions to the plans. - Permitting the employee to accumulate years of service for the purpose of longevity and seniority with the City for the duration of active duty, subject to any contract provisions. Committee recommends that the emergency legislation be retroactive to 6-1-06, and be for a 6-month period. Committee further recommends that the policy be reviewed at the time no employee is on active duty under the Ordinance provisions. Report signed by Clark, Harrah and Kendall. June 5, 2006 Page Two Recreation & Parks Committee. Mr. Clark, Chairman, reported that Committee recommends legislation be prepared authorizing the Recreation Board to bid the Hobart Arena Concession operation for a two year and 10 month period with minimum payments of $825 per month plus $150 per each professional sporting event. Report signed by Baker, Saxton and Clark. Utilities Committee. Mrs. Baker, Chairman, reported as follows: 1) Committee recommends legislation be prepared authorizing an agreement with the Board of Education to extend City utilities to a school property outside the City limits, just north of Concord School, noting that if the Schools do not complete the annexation process in six months the agreement could be terminated. 2) Committee recommends legislation be prepared authorizing the Director of Public Service and Safety to advertise for bids and enter into a contract for obtaining and installing the final two raw sewage screw pumps at the Waste Water Treatment Plant at a cost not to exceed $350,000. 3) Committee recommends legislation be prepared authorizing the Director of Public Service and Safety to enter into an amended agreement with the firm of Malcolm Pirnie for additional costs of $8,000 associated with the design/contract administration for the installation of the backup generation at the Waste Water Treatment Plant. The contractor for the generator project, Chapel Electric, acknowledged that the extra work of Malcolm Pirnie was due to their delays and Chapel has processed an $8,000 change order to deduct that amount from their contract to compensate Malcolm Pirnie. Thus, there is no overall additional cost to the City. Committee asked that the legislation be an emergency measure so payment could be made after an amended agreement is signed. Reports signed by Harrah, Mercer and Baker. Audience Comments on Committee Reports and Agenda. None RESOLUTION NO. R-25-06 RESOLUTION APPROVING THE APPLICATION OF TAKE 2 PRODUCTIONS FOR ASSISTANCE FROM THE CDBG ECONOMIC DEVELOPMENT REVOLVING LOAN FUND. This Resolution was given first title reading on May 15, 2006. Given second title reading. Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Douglas. Yes: Harrah, Clark, Douglas, Kendall, Baker and Mercer. No: None. Mr. Douglas moved for adoption. Motion seconded by Mr. Mercer. Yes: Clark, Douglas, Kendall, Baker, Mercer and Harrah. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-26-06 RESOLUTION APPROVING THE APPLICATION OF RAYMATH COMPANY, INC. FOR ASSISTANCE FROM THE CDBG ECONOMIC DEVELOPMENT REVOLVING LOAN FUND. This Resolution was given first title reading on May 15, 2006. Given second title reading. Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Kendall. Yes: Douglas, Kendall, Baker, Mercer, Harrah and Clark. No: None. Mr. Harrah moved for adoption. Motion seconded by Mr. Clark. Yes: Kendall, Baker, Mercer, Harrah, Clark and Douglas. No: None. RESOLUTION ADOPTED June 5, 2006 Page Three RESOLUTION NO. R-27-06 RESOLUTION AUTHORIZING PAYMENT TO MALCOLM PIRNIE, INC. FOR DESIGN SERVICES IN THE CITY OF TROY, OHIO 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. Harrah. Yes: Baker, Mercer, Harrah, Clark, Douglas and Kendall. No: None. Mrs. Baker moved for adoption. Motion seconded by Mr. Harrah. Yes: Mercer, Harrah, Clark, Douglas, Kendall and Baker. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-28-06 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO, TO ENTER INTO AN AGREEMENT WITH THE TROY BOARD OF EDUCATION TO EXTEND UTILITIY SERVICES OUTSIDE THE CORPORATION LIMITS This Resolution was given first title reading. Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mrs. Baker. Yes: Harrah, Clark, Douglas, Kendall, Baker and Mercer. No: None. Mr. Clark moved for adoption. Motion seconded by Mrs. Baker. Yes: Clark, Douglas, Kendall, Baker, Mercer and Harrah. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-29-06 RESOLUTION AUTHORIZING THE SERVICE AND SAFETY DIRECTOR OF THE CITY OF TROY, OHIO TO ADVERTISE FOR BIDS AND ENTER INTO A CONTRACT FOR TWO SCREW PUMPS FOR THE SEWAGE PLANT This Resolution was given first title reading. Mr. Harrah moved for suspension of rules requiring three readings. Motion seconded by Mr. Clark. Yes: Douglas, Kendall, Baker, Mercer, Harrah and Clark. No: None. Mr. Kendall moved for adoption. Motion seconded by Mr. Mercer. Yes: Kendall, Baker, Mercer, Harrah, Clark and Douglas. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-30-06 RESOLUTION AUTHORIZING THE RECREATION BOARD OF THE CITY OF TROY, OHIO TO ADVERTISE FOR BIDS AND ENTER INTO A CONTRACT FOR THE OPERATION OF THE HOBART ARENA This Resolution was given first title reading. Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Douglas. Yes: Baker, Mercer, Harrah, Clark, Douglas and Kendall. No: None. Mr. Clark moved for adoption. Motion seconded by Mr. Douglas. Yes: Mercer, Harrah, Clark, Douglas, Kendall and Baker. No: None. RESOLUTION ADOPTED June 5, 2006 Page Four RESOLUTION NO. R-31-06 RESOLUTION AUTHORIZING PAYMENT TO THE OHIO DEPARTMENT OF TRANSPORTATION FOR THE STATE ROUTE 55 IMPROVEMENT 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. Kendall. Yes: Harrah, Clark, Douglas, Kendall, Baker and Mercer. No: None. Mr. Douglas moved for adoption. Motion seconded by Mr. Harrah. Yes: Clark, Douglas, Kendall, Baker, Mercer and Harrah. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-32-06 RESOLUTION PROVIDING FOR THE SUBMISSION TO THE ELECTORS OF THE CITY OF TROY AT THE NEXT GENERAL ELECTION THE QUESTION OF FOUR YEAR STAGGERED TERMS FOR COUNCIL MEMBERS OF THE CITY OF TROY AND A FOUR YEAR TERM FOR THE PRESIDENT OF COUNCIL OF THE CITY OF TROY OHIO This Resolution was given first title reading. ORDINANCE NO. O-19-06 ORDINANCE ACCEPTING THE FINAL PLAT OF NOTTINGHAM SUBDIVISION SECTION 3 IN THE CITY OF TROY, OHIO This Ordinance was given first title reading on May 15, 2006. Given second title reading. Mr. Douglas moved for suspension of rules requiring three readings. Motion seconded by Mr. Mercer. Yes: Douglas, Kendall, Baker, Mercer, Harrah and Clark. No: None. Mr. Clark moved for adoption. Motion seconded by Mr. Douglas. Yes: Kendall, Baker, Mercer, Harrah, Clark and Douglas. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-20-06 ORDINANCE RELEASING MORTGAGE This Ordinance was given first title reading on May 15, 2006. Given second title reading. Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Harrah. Yes: Baker, Mercer, Harrah, Clark, Douglas and Kendall. No: None. Mr. Clark moved for adoption. Motion seconded by Mr. Harrah. Yes: Mercer, Harrah, Clark, Douglas, Kendall and Baker. No: None. ORDINANCE ADOPTED June 5, 2006 Page Five ORDINANCE NO. O-21-06 ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO, TO APPROVE A RELEASE FOR CERTAIN REAL ESTATE HELD AS SECURITY FOR A MORTGAGE This Ordinance was given first title reading on May 15, 2006. Given second title reading. Mr. Douglas moved for suspension of rules requiring three readings. Motion seconded by Mr. Harrah. Yes: Harrah, Clark, Douglas, Kendall, Baker and Mercer. No: None. Mr. Douglas moved for adoption. Motion seconded by Mr. Harrah. Yes: Clark, Douglas, Kendall, Baker, Mercer and Harrah. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-22-06 ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY TO EXECUTE A SUBORDINATION AGREEMENT IN FAVOR OF UNITY NATIONAL BANK AND RELATED TO FIESSINGER FAMILY, LTD. This Ordinance was given first title reading. Mr. Douglas moved for suspension of rules requiring three readings. Motion seconded by Mr. Kendall. Yes: Douglas, Kendall, Baker, Mercer, Harrah and Clark. No: None. Mr. Clark moved for adoption. Motion seconded by Mr. Douglas Yes: Kendall, Baker, Mercer, Harrah, Clark and Douglas. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-23-06 AN ORDINANCE AUTHORIZING THE CONTINUATION OF MILITARY LEAVE PAY AND THE CONTINUATION OF CITY-PROVIDED GROUP HEALTH AND LIFE INSURANCE; TO CITY EMPLOYEES WHO ARE CALLED TO ACTIVE DUTY IN RELATION TO THE ATTACK AGAINST THE UNITED STATES ON SEPTEMBER 11, 2001, FOR THE DURATION OF ACTIVE MILITARY DUTY AND DECLARING AN EMERGENCY This Ordinance was given first title reading. Mr. Harrah moved for suspension of rules requiring three readings. Motion seconded by Mr. Kendall. Yes: Baker, Mercer, Harrah, Clark, Douglas and Kendall. No: None. Mr. Harrah moved for adoption. Motion seconded by Mrs. Baker. Yes: Mercer, Harrah, Clark, Douglas, Kendall and Baker. No: None. ORDINANCE ADOPTED COMMENTS OF MAYOR. The Mayor complimented staff and all the volunteers who worked hard to make the 30th Strawberry Festival a success. The Mayor noted that Mr. Haddad was the Grand Marshal of the parade. The Mayor presented the dedication plaque for the new gazebo on the levee, funded by the Troy Strawberry Festival. He also noted that the Miami County Home Builders have undertaken the project of building a house in one week. COMMENTS OF INTERIM DIRECTOR OF PUBLIC SERVICE AND SAFETY. Mr. Haddad noted that City staff and employees provided extraordinary services this past weekend with the Festival, commenting that it is the responsibility of the City to maintain existing services while handling the demands of the Festival. Mr. Haddad noted that a number of projects are going on, all on schedule, with bids on other projects coming in under the estimates. June 5, 2006 Page Six COMMENTS OF COUNCIL. -Mr. Harrah thanked City staff for all the extra work preparing for and during the Strawberry Festival. -Mr. Douglas noted that the City recently completed the annual audit, and complimented the Auditor’s office for the work in this regard. -Mrs. Baker stated she participated in the Habitat project mentioned by the Mayor. -Mr. Clark also noted the work of the City in support of the Strawberry Festival, commenting that the about $50,000 annual cost is worth the result. Mr. Clark read information about recent bids received under authorization. COUNCIL PRESIDENT COMMENTS: Mr. Lohrer asked that Chamber of Commerce President Charles Cochran pass on the many compliments on the Strawberry Festival to the Festival Manager. AUDIENCE COMMENTS: -Deborah Stichter, 467 W. Staunton Road, asked if the upcoming bicycle race will actually attract 10,000 visitors, and Mr. Clark indicated is it hoped there will be a number of visitors and residents watching the event. -Marcus Duff, 115 Penn Road, stated he has an issue with fence regulations. Based on where he lives, a requirement to have a fence 6’ from the right-of-way lines cuts his small yard in half. Mr. Cundiff, Planning Director, noted that this fence regulation is not part of the zoning code and does not have an appeal procedure. Mr. Haddad indicated this will be reviewed and a report provided and staff will consider recommending if there should be an appeal process. -Dexter Marshall, 2645 Swailes Road, (Pamela Estates), stated he has problems with the storm runoff system and landscaping – that the new slope is very hard to mow and maintain. He stated he has not been able to get a resolution from City staff and has been talking to Mr. Harrah. Mr. Harrah stated the storm water runoff area has a concrete bottom and he feels it is hard for the owner to fulfill his maintenance responsibility. Mr. Haddad stated he will look into this. -Michael Burkholder, 465 W. Staunton Road, commented that the new restrooms (attached to the barn in the park) were locked on June 3 and there is no exterior handicap accessibility. Mr. Haddad stated this will be checked. There being no further business, Council adjourned at 8:10 PM _______________/s/_________________ _________________/s/___________________ President of Council Clerk of Council |