(return to 2006 Minutes)

August 7, 2006

MINUTES OF COUNCIL

A regular session of Troy City Council was held Monday, August 7, 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
W. McGregor Dixon, Jr., Director of Law
Richard L. Cultice, Auditor

INVOCATION: An invocation was given by Council Member Baker.

INTRODUCTION. The Mayor introduced some of the members of the Troy-Takahashi City Student Exchange Program, who will be departing for Japan and China on Aug. 9.

MINUTES: The Clerk gave a summary of the July 24, 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:
Finance Committee: Mr. Mercer, Chairman, reported that Committee recommends legislation be prepared authorizing bank depository agreements, based on proposals received by the Auditor, with JPMorgan Chase Bank, N.A., Fifth Third Bank, National City Bank, Unity National Bank a division of Security National Bank, U. S. Bank N.A., and Mainsource – Bank. The Central Depository will be U.S. Bank N.A. and the City Payroll Account will be with Mainsouce Bank – Ohio. As the current agreements expire August 22, legislation will be as an emergency measure.
Report signed by Douglas, Kendall and Mercer.

Safety & Health Committee: Mr. Harrah, Chairman, reported that Committee recommends legislation be prepared authorizing the grant application for funding assistance for the DARE officers.
Report signed by Baker, Saxton and Harrah.

Utilities: Mrs. Baker, Chairman, reported that Committee recommends legislation be prepared authorizing bidding for the Water System Remote Locations Communication Improvement Project at a cost not to exceed $135,000. The project was budgeted at $150,000, but $15,000 of that amount was expended on a ruggedized laptop/software that would be associated with this equipment and have other purposes.
Report signed by Harrah, Mercer and Baker.

Audience Comments on Committee Reports and Agenda – none.

RESOLUTION NO. R-39-06
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO APPLY FOR AND ENTER INTO A DARE GRANT THROUGH THE ATTORNEY GENERAL’S OFFICE

This Resolution was given first title reading.

Mr. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Harrah.
Yes: Clark, Saxton, Mercer, Douglas, Harrah, Baker and Kendall.
No: None.
Mrs. Baker moved for adoption. Motion seconded by Mr. Clark.
Yes: Saxton, Mercer, Douglas, Harrah, Baker, Kendall and Clark.
No: None. RESOLUTION ADOPTED


RESOLUTION NO. R-40-06
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 WATER SYSTEM REMOTE LOCATIONS COMMUNICATION IMPROVEMENT PROJECT

This Resolution was given first title reading.

August 7, 2006 Page Two


Mrs. Baker moved for suspension of rules requiring three readings. Motion seconded by Mr. Kendall.
Yes: Mercer, Douglas, Harrah, Baker, Kendall, Clark and Saxton.
No: None.
Mr. Clark moved for adoption. Motion seconded by Mr. Douglas.
Yes: Douglas, Harrah, Baker, Kendall, Clark, Saxton and Mercer.
No: None. RESOLUTION ADOPTED

RESOLUTION IN MEMORIAL – CAROL L. HASTINGS was read in entirety and approved by unanimous roll vote. Mrs. Hastings had served as a member of Council from 1980 through 1993 and as President of Council from 1994 through 1997.

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 on July 10, 2006.
Given second title reading on July 24, 2006
Given third title reading.

Mrs. Saxton moved for adoption. Motion seconded by Mr. Douglas.
Yes: Harrah, Baker, Kendall, Clark, Saxton, Mercer and Douglas.
No: None. ORDINANCE ADOPTED

ORDINANCE NO. O-27-06
ORDINANCE AMENDING CHAPTER 1501 OF THE CODIFIED ORDINANCES OF THE CITY OF TROY REGARDING THE OHIO FIRE CODE

This Ordinance was given first title reading on July 24, 2006.
Given second title reading.


ORDINANCE NO. O-28-06
ORDINANCE AUTHORIZING THE DEPOSIT OF PUBLIC FUNDS OF THE CITY OF TROY, OHIO, AND DECLARING AN EMERGENCY

This Ordinance was given first title reading.

Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Kendall.
Yes: Baker, Kendall, Clark, Saxton, Mercer, Douglas and Harrah.
No: None.
Mr. Kendall moved for adoption. Motion seconded by Mr. Mercer.
Yes: Kendall, Clark, Saxton, Mercer, Douglas, Harrah and Baker.
No: None. RESOLUTION ADOPTED


Tom Kirkham, Chairman of the National Night Out Against Crime gave a report of the August 1 event. He noted that the event was very well attended; there were a number of vendors that provided free food, beverages, and gifts. The crowd was estimated at 7,000. There were over 75 volunteers. The total expenses came to about $6,500 and there is about $3,000 remaining as “seed money” for the 2007 event. Mr. Kirkham promised a bigger and better Night Out event for 2007.

COMMENTS OF MAYOR. The Mayor:
- Thanked Tom Kirkham and his committee for providing the Night Out event, and complimented the vendors and volunteers. The Mayor noted that 30-year Police Auxiliary member Ray Norris was recognized during that event.
- Commented that at the prior meeting there was a question about if Troy had declined to assist the City of Piqua following a storm, and Piqua’s Public Works Director has confirmed that did not happen.
- Thanked Tim Davis (Planner I) and the Planning Department for the comprehensive property maintenance report.


August 7, 2006 Page Three


COMMENTS OF COUNCIL.
- Mr. Lohrer noted that a number of officials were fortunate to work with the late Carol Hastings. Other members of Council commented of Mrs. Hastings’ tireless work on behalf of the community.
- Members of Council thanked Tim Davis and the Planning Department for the report on property maintenance. Mr. Douglas asked that the report include names of violators.
- Mrs. Baker asked about the delivery of the Booster Station (as footers have been poured). Public Works Director Steve Leffel stated the footer must “sit” for a while, and the delivery has not been set yet. Council asked to be informed when this item is to be set.
- Mr. Mercer asked if there will be bollards around the Booster Station as it sits so close to the roadway. This will be checked.
- Mrs. Saxton noted that there needs to be some clean up along the bike path at Trade Road, and asked for a “time line” on the fire station construction.
- Mr. Kendall thanked Steve Leffel for time to meet with him and other property owners on a recent issue, and thanked Mr. Haddad for a staffing report.
- Mr. Harrah asked for any update regarding a storm water utility consultant. The Public Works Director indicated little has happened on this.


COMMENTS OF AUDIENCE:
- Donna Hormell, 8 S. Main Street, Pleasant Hill, discussed her mother-in-law’s property at 1641 McKaig. She noted that the City had agreed to move the roadway of Commerce Center Blvd. 15’ away from that McKaig property driveway, when the project was started the roadway and driveway were going to” touch”, Mr. Haddad corrected this, she is concerned about future roadway work impacting her drive, and feels she is not getting information.
- Mrs. Hormell confirmed Mr. Lohrer’s question that she has been advised there is currently no plan for the McKaig Road widening. Mrs. Hormel said she has been specific about what their expectations are.
- Mayor Beamish stated that corrections were made without change orders to the project, and the roadway is set where it was agreed to be placed. The Mayor noted that staff has met with the Hormells and tried to work with them.
- Steve Leffel, Public Works Director, advised that there will not be a stop light at McKaig/Commerce Center Blvd., only a stop sign. He further commented that plans were based upon discussions between the former Director of Public Service and Safety and the property owners, with staff implementing what they understood to be agreement, adjustments have been made, McKaig has a 40’ right of way and widening cannot take place without notice to the owners, and widening is not planned in the near future. He noted that the Hormell driveway extends into the road right-of-way.
- Mr. Mercer stated it seems that was a mis-communication with some staff changes, it has been fixed, and everyone is sensitive to the project.

- Mike Burkholder, 465 W. Staunton Road, stated objections to how students attending Council meetings are dealt with. Mr. Burkholder suggested: a teacher should accompany the students, the students should not be required to attend, if required each student should be required to attend only one (not two) meetings, don’t have student introductions, the students should be instructed on behavior and dress, there should be review in the class room, something should be done to keep large numbers of students from attending any one meeting, the students can be disruptive for other persons. It was noted that the requirement for high school seniors attending/reporting on meetings is the requirement of the schools and not the City.



There being no further business, Council adjourned at 8:11 p.m.




_________________/s/_______________ __________________/s/__________________
President of Council                                    Clerk of Council