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November 5, 2007 MINUTES OF COUNCIL A regular session of Troy City Council was held Monday, November 5, 2007 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 Patrick E. J. Titterington, 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 Saxton. MINUTES: The Clerk gave a summary of the minutes of the October 15, 2007 meeting of Troy City Council. There were no corrections or additions to these minutes. A motion was made by Mr. Harrah, seconded by Mr. Clark, to approve these minutes. Motion passed by unanimous roll call vote. COMMITTEE REPORTS: BUILDINGS, STREETS & SIDEWALKS COMMITTEE: Mr. Douglas, Chairman, reported as follows: 1) Committee recommends legislation be prepared authorizing the Director of Public Service and Safety to advertise for bids for the Archer Drive Reconstruction Project at a cost not to exceed $590,000 ($295,000 or half of the project funded by OPWC) and the High Street Sanitary Sewer replacement at a cost not to exceed $60,200. 2) Committee recommends legislation be prepared to set for the conditions under which downtown business owners can place merchandise sales and displays on public sidewalks in the downtown area. Reports signed by Clark, Kendall and Douglas. FINANCE COMMITTEE: Mr. Mercer, Chairman, reported as follows: 1) Committee recommends legislation be prepared authorizing the Director of Public Service and Safety to advertise for bids for the 2008 supply of lime for the Water Plant at a cost not to exceed $220,000, and that legislation be prepared authorizing the Director of Public Service and Safety to purchase gasoline and diesel fuel for 2008 on the open market based on the lowest and best price at the time the fuel item is needed as firm prices for fuel cannot be obtained through the bidding process. 2) Committee recommends legislation be prepared authorizing the Director of Public Service and Safety to enter into an agreement with Varion Systems of Madison, Wisconsin in an amount not to exceed $108,970 to develop the first phase an asset management system. Committee also noted that hardware and software will also need to be purchased from a variety of vendors in a cost not to exceed $36,322, so the entire cost of this phase will be $145,292. 3) Committee supports increasing the CATV franchise from 3% to 5% and placing the 2% franchise fee into a new special revenue fund to help fund a fiber network backbone and other technology needs. Prior to legislation being presented, Committee will schedule another meeting on the subject. Reports signed by Douglas, Kendall and Mercer. PERSONNEL COMMITTEE: Mr. Harrah reported as follows: 1) Committee recommends legislation be prepared authorizing the Director of Public Service and Safety to enter into an agreement with the firm of Denlinger, Rosenthal and Greenberg for personnel related legal services at a total cost not to exceed $65,000 for calendar year 2007, with Committee noting that this is an increase of $30,000 over the prior authorization. Committee further recommended emergency legislation as the need for the specialized legal services are on-going. 2) Committee recommends the City become a member of the Ohio Benefit Cooperative (OBC) for group rating of health insurance premiums noting that the City received a lesser renewal premium through the OBC for comparable health insurance as a “stand alone” entity. So that membership can be effective 12-1-2007, Committee further recommended the legislation be presented as an emergency measure. It was also noted that the next renewal will be in September 2008 rather than the current November 2008 renewal. Report signed by Clark, Harrah and Kendall November 5, 2007 Page Two RECREATION & PARKS COMMITTEE: Mr. Clark, Chairman, provided a status report regarding the recommendation of the Recreation Board that Ordinances be amended to allow the sale of beer at the Hobart Arena, noting that Committee will table any further discussions so that a comprehensive report can be generated that evaluates all the revenues, challenges and opportunities for the Hobart Arena. Report signed by Baker, Saxton and Clark. COMMENTS REGARDING COMMITTEE REPORTS OR AGENDA ITEMS. None. RESOLUTION NO. R-46-2007 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO AN AGREEMENT WITH THE MIAMI COUNTY PUBLIC DEFENDER’S COMMISSION FOR 2008 This Resolution was given first title reading. Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Clark. Yes: Harrah, Douglas, Mercer, Baker, Kendall, Saxton and Clark. No: None. Mr. Harrah moved for adoption. Motion seconded by Mr. Kendall. Yes: Douglas, Mercer, Baker, Kendall, Saxton, Clark and Harrah. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-47-2007 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO EMPLOY LEGAL COUNCIL AND DECLARING AN EMERGENCY This Resolution was given first title reading. Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mrs. Baker. Yes: Mercer, Baker, Kendall, Saxton, Clark, Harrah and Douglas. No: None. Mr. Douglas moved for adoption. Motion seconded by Mrs. Saxton. Yes: Baker, Kendall, Saxton, Clark, Harrah, Douglas and Mercer. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-48-2007 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO AGREEMENTS FOR THE CITY TO BECOME A MEMBER OF THE OHIO BENEFITS COOPERATIVE, 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 Mr. Douglas. Yes: Kendall, Saxton, Clark, Harrah, Douglas, Mercer and Baker. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mr. Harrah. Yes: Saxton, Clark, Harrah, Douglas, Mercer, Baker and Kendall. No: None. RESOLUTION ADOPTED November 5, 2007 Page Three RESOLUTION NO. R-49-2007 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 2008 SUPPLY OF BULK LIME FOR THE WATER TREATMENT PLANT This Resolution was given first title reading. Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Douglas. Yes: Clark, Harrah, Douglas, Mercer, Baker, Kendall and Saxton. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mr. Harrah. Yes: Harrah, Douglas, Mercer, Baker, Kendall, Saxton and Clark. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-50-2007 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO AGREEMENTS FOR THE PURCHASE OF GASOLINE AND DIESEL FUEL AFTER BIDDING ON THE OPEN MARKET AND AWARDING CONTRACTS ON A LOWEST AND BEST BID BASIS This Resolution was given first title reading. Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Harrah. Yes: Douglas, Mercer, Baker, Kendall, Saxton, Clark and Harrah. No: None. Mrs. Baker moved for adoption. Motion seconded by Mr. Harrah. Yes: Mercer, Baker, Kendall, Saxton, Clark, Harrah and Douglas. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-51-2007 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 OPWC – ARCHER DRIVE RECONSTRUCTION PROJECT This Resolution was given first title reading. Mr. Douglas moved for suspension of rules requiring three readings. Motion seconded by Mr. Clark. Yes: Baker, Kendall, Saxton, Clark, Harrah, Douglas and Mercer. No: None. Mr. Harrah moved for adoption. Motion seconded by Mr. Douglas. Yes: Kendall, Saxton, Clark, Harrah, Douglas, Mercer and Baker. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-52-2007 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 HIGH STREET SANITARY SEWER REPLACEMENT PROJECT This Resolution was given first title reading. Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Clark. Yes: Saxton, Clark, Harrah, Douglas, Mercer, Baker and Kendall. No: None. Mr. Harrah moved for adoption. Motion seconded by Mrs. Baker. Yes: Clark, Harrah, Douglas, Mercer, Baker, Kendall and Saxton. No: None. RESOLUTION ADOPTED November 5, 2007 Page Four RESOLUTION NO. R-53-2007 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO AN AGREEMENT WITH VARION SYSTEMS TO DEVELOP AN ASSET MANAGEMENT SYSTEM This Resolution was given first title reading. Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Douglas. Yes: Harrah, Douglas, Mercer, Baker, Kendall, Saxton and Clark. No: None. Mr. Douglas moved for adoption. Motion seconded by Mr. Kendall. Yes: Douglas, Mercer, Baker. Kendall, Saxton, Clark and Harrah. No: None. RESOLUTION ADOPTED ORDINANCE NO. O-70-2007 AN ORDINANCE AMENDING CHAPTER 717 OF THE CODIFIED ORDINANCES OF TROY, OHIO RELATED TO USE OF PUBLIC SIDEWALKS, MERCHANDISE DISPLAY AND SALES This Ordinance was given first title reading. COMMENTS OF THE MAYOR. Mayor Beamish started he hoped citizens exercise the right to vote on November 5. He also noted that: -Veterans Day services will be held at the Veterans Memorial on November 11. -The Christmas Tree will soon be placed on the Public Square. The tree has been donated by Mrs. Marcella Howard, it will be placed through the generosity of Piqua Steel, the tree will be decorated by City staff, and lighted on November 23. AUDIENCE COMMENTS. Lester Conard, 1210 S. Clay Street, regarding the funding for aesthetics for the Adams Street Bridge, asked what would be subject to the $10 license tag tax and how long the tax would be imposed. It was stated that the charge would be $10 per year per vehicle or anything that requires a license for 15 years. Mr. Conard said that he would like to see this go on the ballot because of the financial impact, commenting that he spoke to a person who has 10 vehicles. Mr. Cultice commented that the license tax charge is the most likely way to pay for the bridge, the final costs are not known, there will likely be grants to reduce the cost to the public, and if the person with a number of vehicles has a business, the cost could be a deduction or part of the cost of a business. Mr. Leffel, Public Works Director, commented that the costs associated with the bridge replacement have been projected to 2011, so they do sound inflated as construction is four years in the future. There being no further business, the meeting adjourned at 7:48 p.m. ________________/s/______________________ ___________________/s/______________________ President of Council Clerk of Council |