| July 10, 2006 MINUTES OF COUNCIL A regular session of Troy City Council was held Monday, July 10, 2006, at 7:00 p.m. in Council Chambers. (NOTE – July meetings moved to 2nd and 4th Mondays.) Members Present: Baker, Clark, Douglas, Harrah, Kendall, Mercer and Saxton. Presiding Officer: Ted S. Mercer, President of Council Pro Tem Others Present: Michael L. Beamish, Mayor Arthur D. Haddad, Interim Director of Public Service and Safety W. McGregor Dixon, Jr., Director of Law Richard L. Cultice, Auditor INVOCATION: An invocation was given by Council Member Kendall. PUBLIC HEARINGS: AT 7:02 PM, Mr. Mercer declared open a public hearing on R-35-06, the tax budget. There were no comments in this regard and at 7:03 PM, Mr. Mercer declared this public hearing closed. At 7:03 PM, Mr. Mercer declared open a public hearing on O-25-06, amending the Troy Towne Park Apartments Planned Development. There were no comments in this regard and at 7:04 PM, Mr. Mercer declared this public hearing closed. MINUTES: The Clerk gave a summary of the June 19, 2006, meeting of Council. There were no corrections or additions to these minutes. Upon motion of Mrs. Saxton, seconded by Mr. Harrah, the minutes were approved by unanimous roll call vote. COMMITTEE REPORTS: Law & Ordinance Committee: Mrs. Saxton, Chairman, reported that Committee recommends legislation be prepared to: terminate Enterprise Zone Agreement #12 with MT Picture Display Company (MTPD) as this agreement related only to MTPD’s manufacturing equipment which no longer exits, transfer Enterprise Zone Agreement #17 from MTPD to Clopay Building Products, Inc., and approve a new Enterprise Zone Agreement with Clopay Building Products, Inc. Clopay will have a total investment of $70,650,000 over three years, the new investment is $61,150,000 (excludes purchase price of land and building), and has a commitment of 555 jobs after three years. (Copy of entire report attached to original minutes.) Report signed by Douglas, Mercer and Saxton. Audience Comments on Committee Reports and Agenda – none. 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 on June 5, 2006. Given second title reading June 19, 2006. Given third title reading. Mrs. Baker moved for adoption. Motion seconded by Mrs. Saxton. Yes: Baker, Douglas, Harrah, Saxton, Mercer, Clark and Kendall. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-35-06 RESOLUTION ADOPTING THE BUDGET OF THE CITY OF TROY, OHIO FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2007 AND DECLARING AN EMERGENCY This Resolution was given first title reading. July 10, 2006 Page Two Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mrs. Baker. Yes: Douglas, Harrah, Saxton, Mercer, Clark, Kendall and Baker. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mr. Clark. Yes: Harrah, Saxton, Mercer, Clark, Kendall, Baker and Douglas. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-36-06 RESOLUTION ACCEPTING THE TERMINATION REQUEST FROM MT PICTURE DISPLAY CORPORATION OF AMERICA (OHIO) FOR THE AMENDED ENTERPRISE ZONE AGREEMENT #12 APPROVED BY RESOLUTION NUMBERS R-58-96 AND R-86-02 AND DECLARING AN EMERGENCY This Resolution was given first title reading. Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Harrah. Yes: Saxton, Mercer, Clark, Kendall, Baker, Douglas and Harrah. No: None. Mr. Kendall moved for adoption. Motion seconded by Mr. Douglas. Yes: Mercer, Clark, Kendall, Baker, Douglas, Harrah and Saxton. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-37-06 RESOLUTION APPROVING THE ASSIGNMENT AND AMENDMENT OF ENTERPRISE ZONE AGREEMENT #17 FROM MT PICTURE DISPLAY CORPORATION OF AMERICA (OHIO) TO THE DAYTON-MONTGOMERY COUNTY PORT AUTHORITY AND CLOPAY BUILDING PRODUCTS COMPANY, INC. AND DECLARING AN EMERGENCY This Resolution was given first title reading. Mr. Harrah moved for suspension of rules requiring three readings. Motion seconded by Mrs. Saxton. Yes: Clark, Kendall, Baker, Douglas, Harrah, Saxton and Mercer. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mr. Harrah. Yes: Kendall, Baker, Douglas, Harrah, Saxton, Mercer and Clark. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-38-06 RESOLUTION APPROVING THE ENTERPRISE ZONE AGREEMENT #31 SUBMITTED BY CLOPAY BUILDING PRODUCTS COMPANY, INC. AND AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO EXECUTE THE ENTERPRISE ZONE AGREEMENT AND RELATED DOCUMENTS AND DECLARING AN EMERGENCY This Resolution was given first title reading. Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Kendall. Yes: Baker, Douglas, Harrah, Saxton, Mercer, Clark and Kendall. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mr. Harrah. Yes: Douglas, Harrah, Saxton, Mercer, Clark, Kendall and Baker. No: None. RESOLUTION ADOPTED ORDINANCE NO. O-25-06 ORDINANCE CHANGING THE ZONING OF THE TROY TOWNE PARK APARTMENTS PLANNED DEVELOPMENT IN THE CITY OF TROY, OHIO AND ADOPTING AN AMENDED PLANNED DEVELOPMENT This Ordinance was given first title reading. July 10, 2006 Page Three COMMENTS OF MAYOR. The Mayor noted that on July 17 there will be an ice cream social at the Troy Museum of History and a dedication of a new Habitat house, and he appreciates the work of Council member Clark for the July 22 bike race in Troy. COMMENTS OF INTERIM DIRECTOR OF PUBLIC SERVICE AND SAFETY. Mr. Haddad noted that ODOT will be paving part of S. Market Street approximately July 24. COMMENTS OF COUNCIL. - Mr. Kendall complimented the veterans for organizing the July 4 parade, and stated he felt the fireworks were excellent. - Mr. Douglas thanked Clopay for the tremendous investment in Troy, commented that Clopay representatives Mr. Zinck and Mr. Lammers were present for Clopay, and thanked the City staff and TDC representatives who worked with Clopay on the project. - Mrs. Saxton stated she was pleased with the opportunities Clopay will bring to the community. - Mrs. Baker asked if the restroom addition at the Barn in Park will be handicapped accessible from the outside and was advised that is the case. Mrs. Baker also noted that Troy Main Street director would like to see a more permanent restroom in the downtown with the many events held there. - Mr. Mercer stated it is great to see the 1,000,000 square foot building formerly housing MTPD filled so quickly. He further commented that there will be 555 new jobs in a three-year period. He hopes many of those persons will want to live in Troy and if only 20% live in Troy that would be 111 homes occupied. Mr. Mercer stated he would like to see Troy residents considered for the new jobs if they have the skills. - Mr. Harrah suggested there be consideration of phasing storm sewer improvements in the east end of the City. STAFF COMMENTS. Chief Denney was asked for an update on Fire Station 3. He stated that the balance of the steel will soon be delivered, and work is on schedule. COMMENTS OF AUDIENCE: Rick Usserman, 3285 Peebles Road, regarding the possible 111 new homes with Clopay, stated that he feels with Panasonic closing and jobs lost, there are plenty of homes in Troy that are available. He asked about the status of the completion of the West Milton water line loop to Concord School as he understood there was money available to complete the project, and pipe has been on the ground for a couple of years. He was advised that the water line completion was to be a shared project under the Concord Point and Summerfield Developments, with the developers paying part of the cost. However, both developments were stopped by referendums, and it will now cost more for the City to finish the project as a longer route will be required. Joe Zinck, Plant Manager of Clopay, and Mr. Lammers, Production Manager, thanked Council and the City for support of the Clopay project. Mr. Lammers noted the work put in by the Troy Development Council and City Development Director Jim Dando. Karen Foster, 338 Grant Street, asked about the investigation of the PCE contamination in the East section of Troy, noting concern about students attending schools in the areas where the contaminants have been identified. Mr. Haddad stated that the City contacted Ohio and US EPA, as those are the agencies to address the issue. He stated that those agencies are following their protocols, first to test schools and then homes they select, EPA will then have a committee to assess the health risks, the representation of the committee will be selected by EPA, and EPA will select a process to assure the safety of the children and residents. Mr. Haddad stated that the City does not know how long EPA’s sampling or any of the protocol processes will take. He stated that he understands EPA does plan to have some kind of public meeting at some point. Mrs. Saxton commented that the Miami County Health District is involved in local environmental issues. Lester Conard, 1210 S. Clay Street, asked about no parking signs for July 8-10 at Clay and Mulberry for paving and no work was done and the residents were inconvenienced. Regarding the Clopay project, Mr. Conard stated he was pleased to see the 555 jobs, but felt more were lost with the Panasonic closing. He also stated he would like to see a higher commitment to hire Troy residents. Mr. Conard asked about the size of the fireworks, and was advised that 12” is the largest. Regarding the east end contamination issue, Mr. Conard suggested EPA should look at the Beesecker property on Elm Street the City was interested in. Mark Livengood, Utilities Supervisor, stated EPA has made several inspections and there are no soil gas issues. Mr. Haddad commented that the area has been watched for several years. July 10, 2006 Page Four Raymond Favorite, 756 Skylark, stated he appreciated a recent tour of the Water Plant. He mentioned that during a Girls Softball tournament the prior weekend the scoreboard was not on and he felt it should have been (noting this was not the City’s responsibility). There being no further business, Council adjourned at 8:01 p.m. _________________/s/_______________ ______________/s/______________________ President of Council Clerk of Council |