Troy, Ohio - USA - Council Minutes

March 19, 2007
MINUTES OF COUNCIL

A regular session of Troy City Council was held Monday, March 19, 2007 at 7:00 p.m. in Council Chambers.

Members Present: Baker, Clark, Douglas, Harrah, Kendall, Mercer, and Saxton.

Presiding Officer: William H. 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 Douglas

INTRODUCTION: The 2007 Division III State Wrestling Champions from Troy Christian High School, the Eagles, along with their coaches, were introduced. The Mayor presented them with the prototype of the sign that will be placed on Dorset Road, at the school’s boundaries, in recognition of the team. Mayor Beamish stated this is the City’s first State Championship Team. Troy Christian Superintendent Gary Wilbur stated he was proud to have the school be part of the City of Troy and thanked the City for its support of Troy Christian.

MINUTES: The Clerk gave a summary of the minutes of the March 5, 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. Kendall, to approve the minutes. Motion passed by unanimous roll call vote.

COMMITTEE REPORTS:

FINANCE COMMITTEE. Mr. Mercer, Chairman, reported as follows:
1) Committee recommends emergency legislation be prepared to provide for the payment of $163,805 to the Troy City Schools in accordance with the Enterprise Zone Compensation Agreement to the Troy Schools, which payment is to be paid by March 30. Due to better performance than anticipated by some of the Agreement holders, the amount to be paid exceeds that budgeted.
2) Committee recommends that 15 golf carts be purchased. The purchase will be in the amount of $60,153.90 from Century Equipment Company based on the State Purchasing Cooperative program, and the funding will be from a 48-month unsecured note with U S Bank. Committee noted that the legislation will need to be emergency measures as the carts are available for delivery and to secure the 4.5% interest rate on the notes. Committee noted that this action is a form of a lease-purchase arrangement. Funds for the payment on the note are to be generated from the additional revenue from the carts.
Reports signed by Douglas, Kendall and Mercer.

LAW & ORDINANCE COMMITTEE. Mrs. Saxton, Chairman, reported that Committee recommends legislation be prepared accepting the final plat of Edgewater Subdivision Section 5, including the dedication of right-of-way.
Report signed by Douglas, Mercer and Saxton.
Oral Report. Mrs. Saxton noted that the State of Ohio Division of Liquor Control has provided notice of an application for a new D5 liquor permit for Club 55, located at 845 West Market Street.

PERSONNEL. Mr. Kendall, Chairman, reported that Committee supports the Mayor’s reappointment of Theodore Ristoff to the Miami County Board of Health for a term ending March 31, 2012.
Report signed by Clark, Harrah and Kendall.
A motion was made by Mr. Kendall, seconded by Mr. Clark, to accept the report of the Personnel Committee for Mr. Ristoff’s reappointment to the Miami County Board of Health. Motion passed by unanimous roll call vote.

UTILITIES. Mrs. Baker, Chairman, gave the oral report that the Committee will be meeting March 27 to meet with persons who have asked that fluoride be added to Troy’s water system.

CITIZEN COMMENTS ON COMMITTEE REPORTS OR AGENDA ITEMS.
-Roy Carlson, 425 Shaftsbury, stated that he is 100% in favor of the Honey Creek Development. He further stated that he believes the Planning Commission did a good job in the review of the rezoning request and that it will take residential development to encourage industrial development.

March 19, 2007 Page Two

-Lester Conard, 1210 S. Clay, stated he is against the Honey Creek Development. He indicated there was a referendum on the rezoning previously as the citizens did not support Council’s vote to approve the zoning, Council should take into account the vote of the people (on the prior referendum) when voting on the issue. He indicated he would vote against any Council member who voted no on the issue.

RESOLUTION NO. R-12-2007
A RESOLUTION AUTHORIZING THE BOARD OF PARK COMMISSIONERS OF THE CITY OF TROY, OHIO, TO PURCHASE GOLF CARTS FROM CENTURY EQUIPMENT COMPANY AND DECLARING AN EMERGENCY

This Resolution was given first title reading.

A motion was made by Mr. Clark to suspend the rules requiring three readings. Motion seconded by Mr. Harrah.
Yes: Harrah, Clark, Kendall, Baker, Douglas, Mercer and Saxton.
No: None.
Mr. Kendall moved for adoption. Motion seconded by Mr. Harrah.
Yes: Clark, Kendall, Baker, Douglas, Mercer, Saxton and Harrah.
No: None. RESOLUTION ADOPTED

RESOLUTION NO. R-13-2007
A RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO, TO SIGN A NOTE TO US BANK, N.A. TROY, OHIO FOR THE PURCHASE OF GOLF CARTS AND DECLARING AN EMERGENCY

This Resolution was given first title reading.

A motion was made by Mr. Clark to suspend the rules requiring three readings. Motion seconded by Mrs. Saxton.
Yes: Kendall, Baker, Douglas, Mercer, Saxton, Harrah and Clark.
No: None.
Mr. Harrah moved for adoption. Motion seconded by Mr. Douglas.
Yes: Baker, Douglas, Mercer, Saxton, Harrah, Clark and Kendall.
No: None. RESOLUTION ADOPTED

RESOLUTION NO. R-14-2007
A RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO MAKE PAYMENT TO THE TROY BOARD OF EDUCTION FOR ITS PORTION OF THE ENTERPRISE ZONE COMPENSATION AGREEMENT AND DECLARING AN EMERGENCY

This Resolution was given first title reading.

A motion was made by Mr. Douglas to suspend the rules requiring three readings. Motion seconded by Mrs. Baker.
Yes: Douglas, Mercer, Saxton, Harrah, Clark, Kendall and Baker.
No: None.
Mr. Harrah moved for adoption. Motion seconded by Mrs. Baker.
Yes: Mercer, Saxton, Harrah, Clark, Kendall, Baker and Douglas.
No: None. RESOLUTION ADOPTED

ORDINANCE NO. O-9-2007
ORDINANCE CHANGING THE ZONING OF INLOT 9892 AND PART OF INLOT 9891 IN THE CITY OF TROY FROM COUNTY A-1 ZONING AND ADOPTING A PLANNED DEVELOPMENT

This Ordinance was given public hearing and first title reading on January 16, 2007.
Given second title reading on February 5, 2007.
Given third title reading on February 20, 2007.
Given fourth title reading on March 5, 2007.
Given fifth title reading.

March 19, 2007 Page Three

Mrs. Saxton moved for adoption. Motion seconded by Mr. Mercer.
Mr. Clark read a prepared statement (attached to original minutes) stating he would be supporting the zoning change and planned development as he felt all the issues raised have been or will be addressed and he feels it is in the best interest of the City to have controlled residential growth in the north east section of Troy with appropriate safeguards.

Yes: Saxton, Clark, Douglas and Mercer.
No: Harrah, Kendall and Baker. ORDINANCE ADOPTED

ORDINANCE NO. O-21-2007
ORDINANCE ACCEPTING THE FINAL PLAT OF EDGEWATER SUBDIVSION SECTION IN THE CITY OF TROY, OHIO, DEDICATING A RIGHT-OF-WAY

This Ordinance was given first title reading.

A motion was made by Mr. Douglas to suspend the rules requiring three readings. Motion seconded by Mr. Harrah.
Yes: Harrah, Clark, Kendall, Baker, Douglas, Mercer and Saxton.
No: None.
Mr. Clark moved for adoption. Motion seconded by Mrs. Saxton.
Yes: Clark, Kendall, Baker, Douglas, Mercer, Saxton and Harrah.
No: None. ORDINANCE ADOPTED

COMMENTS OF THE MAYOR. The Mayor commented:
-He thanked Council for the appointment of Ted Ristoff.
-With Mr. Lohrer and Mrs. Baker, he recently attended a Habitat Groundbreaking
-He commended all members of Council for the time and energy each devoted to the review of the Honey Creek development issue.

COMMENTS OF THE DIRECTOR OF PUBLIC SERVICE AND SAFEETY.
Mr. Titterington commented:
-With Mark Cundiff (Planning Director) and Tim Davis (Planner) he has been invited to a meeting of Southwest Historic District residents on March 21 regarding matters that impact the residents of that neighborhood.
-Part of Council’s packet was a report on the status of some projects. He noted that so far the projects remain on time and under budget and reflect a current budget savings of $640,000 for those nine projects.

COMMENTS OF COUNCIL PRESIDENT.
Mr. Lohrer commended Council for the work and efforts on reviewing and deliberating the Honey Creek Development, he commended each for the vote they made, and he indicated it is now a time to move forward to other issues.

COUNCIL COMMENTS.
-Mr. Clark suggested regular meetings with adjacent Township Officials to discuss items of common concern or interest.
-Mr. Harrah suggested at least an annual meeting with the three school districts (Troy, Troy Christian, St. Patrick) to discuss items of common concern or interest. He asked for a later update regarding water in the Swailes Road area and regarding some trees to be cut in Southview.
-Mrs. Baker thanked Mr. Titterington for the information provided to Council.
-Mrs. Saxton thanked Mr. Clark for the statement he provided on Honey Creek. Mrs. Saxton stated that she did not find her decision on Honey Creek to be an easy vote. She also stated that her decision not to run for office had nothing to do with issues before Council but is due to a health issue. She indicated her vote would have been the same if she were running for office.
-Mr. Douglas thanked Mr. Titterington for the information on cost if the City had to take over the maintenance of the Operation Cloverleaf area (Main Street/I-75 interchange) and thanked the Operation Cloverleaf volunteers who donate approximately $38,000 in services to maintain this area.
-Mr. Kendall stated it was good to appreciate the youth of the community and to recognize a team that brought honor to their city.

March 19, 2007 Page Two

AUDIENCE COMMENTS:
-Debra Stichter, 467 W. Staunton Road, commented that she continues to support televising of Council meetings.
-Raymond Favorite, 756 Skylark, stated he has a problem getting an equity loan due to a flood zone designation even though there has not been a water problem in over 20 years. He said that he supports Honey Creek, but is against a development that would create water problems.
-William Chavis, 525 McKaig, stated his high school teacher has the understanding that the Honey Creek development would lead to an increase in the income tax of citizens. He was told that is not true.
-Christin Ritter, THS student, stated it would be nice to have the entire North Market Street ball field fenced in to avoid vandalism.
-Lester Conard, 1210 S. Clay, commented that he misstated earlier and intended to say he would not vote for anyone who supported the Honey Creek development.

There being no further business, the meeting adjourned at 8:15 p.m.

________________/s/_______________________ __________________/s/________________________
President of Council Clerk of Council