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October 6, 2008 MINUTES OF COUNCIL A regular session of Troy City Council was held Monday, October 6, 2008, at 7:00 p.m. in Council Chambers. Members Present: Clark, Douglas, Harrah, Hutchinson, Kendall, Kirkham and Schweser. Presiding Officer: Martha A. Baker, President of Council Others Present: Michael L. Beamish, Mayor Patrick E. J. Titterington, Director of Public Service and Safety Richard L. Cultice, Auditor W. McGregor Dixon, Jr., Director of Law INVOCATION: An invocation was given by Council Member Kendall. INTODUCTIONS: Outgoing and incoming members of the Mayors Youth Council were introduced. The Mayor presented a plaque thanking Craig and Jane Wise for over eleven years of service as advisors to the Youth Council. Newly appointed MIS Technician Jeff Cyphers was introduced. MINUTES: The Clerk gave a summary of the minutes of the September 15, 2008 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 these minutes. Motion passed by unanimous roll call vote. COMMITTEE REPORTS: Finance Committee: Mr. Douglas, Chairman, reported that Committee recommends legislation be prepared authorizing bidding for lime (not to exceed cost of $290,000) and carbon dioxide (not to exceed cost of $40,000) supplies for 2009 and authorizing the City to purchase fuel on the open market based on the lowest and best price at the time the fuel item is needed. Report signed by Kendall, Schweser and Douglas. Mr. Kendall reported that Finance Committee members Kendall and Schweser recommend that legislation be prepared authorizing a grant application to the Ohio Department of Development (ODOD) in the amount of $500,000, with the funds to be loaned to RevWires, LLC, and that legislation be prepared authorizing a loan from the Economic Development Revolving Loan Fund in the amount of $600,000 to RevWires, LLC, contingent on the approval of the ODOD grant. RevWires will be establishing a new facility at 2015 West Stanfield Road, with a total project investment of $10,800,000. Committee recommended the legislation be prepared as an emergency measure so the grant application can be filed immediately and the project not be delayed. It was noted that Mr. Douglas abstained from discussion and recommendation on the RevWire LLC loan process to avoid an appearance of a conflict of interest as his employer (US Bank) is involved in the RevWires transaction. Report signed by Kendall and Schweser. Law & Ordinance Committee: Mr. Kendall, Chairman, gave the oral report that notice has been received from the Ohio Department of Liquor Control of the transfer of ownership of existing C1, C2, D6 permits for 211 S. Market Street from the name of Trojan Rentals, Inc. to Dustin and Melissa Fisher. Personnel: Mr. Clark, Chairman, reported that Committee recommends legislation be prepared authorizing the City to offer as an optional deferred compensation retirement plan the ICMA-RC plan. Participation is discretionary with the employee. The City does not contribute to the plan. Report signed by Harrah, Schweser and Clark. Recreation & Parks: Mr. Hutchinson, Chairman, reported that Committee recommends legislation be prepared in accordance with the recommendation of the Board of Park Commissioners declaring as surplus Peters Park and Hunter’s Ridge Park. Report signed by Clark, Kirkham and Hutchinson. Utilities: Mr. Schweser, Chairman, reported that Committee recommends legislation be prepared authorizing the Director of Public Service and Safety to execute a Resource Water Protection Grant Agreement with the Miami Conservancy District. Report signed by Hutchinson, Kendall and Schweser. October 6, 2008 Page Two COMMENTS REGARDING COMMITTEE REPORTS OR AGENDA ITEMS – NONE RESOLUTION NO. R-48-2008 RESOLUTION AUTHORIZING THE CITY OF TROY, OHIO TO OFFER THE ICMA-RC DEFERRED COMPENSATION RETIREMENT PLAN TO ALL FULL-TIME EMPLOYEES OF THE CITY OF TROY, OHIO This Resolution was given first title reading. Mr. Hutchinson moved for suspension of rules requiring three readings. Motion seconded by Mr. Clark. Yes: Hutchinson, Schweser, Kendall, Clark, Kirkham, Douglas and Harrah. No: None. Mr. Clark moved for adoption. Motion seconded by Mr. Douglas. Yes: Schweser, Kendall, Clark, Kirkham, Douglas, Harrah and Hutchinson. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-49-2008 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 SUPPLIES FOR THE WATER TREATMENT PLANT This Resolution was given first title reading. Mr. Douglas moved for suspension of rules requiring three readings. Motion seconded by Mr. Schweser. Yes: Kendall, Clark, Kirkham, Douglas, Harrah, Hutchinson and Schweser. No: None. Mr. Kendall moved for adoption. Motion seconded by Mr. Hutchinson. Yes: Clark, Kirkham, Douglas, Harrah, Hutchinson, Schweser and Kendall. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-50-2008 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. Schweser moved for suspension of rules requiring three readings. Motion seconded by Mr. Douglas. Yes: Kirkham, Douglas, Harrah, Hutchinson, Schweser, Kendall and Clark. No: None. Mr. Clark moved for adoption. Motion seconded by Mr. Hutchinson. Yes: Douglas, Harrah, Hutchinson, Schweser, Kendall, Clark and Kirkham. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-51-2008 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY TO FILE AN APPLICATION TO THE STATE OF OHIO TO PARTICIPATE IN THE SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT ECONOMIC DEVELOPMENT PROGRAM 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: Harrah, Hutchinson, Schweser, Kendall, Clark, Kirkham and Douglas. No: None. Mr. Schweser moved for adoption. Motion seconded by Mr. Clark. Yes: Hutchinson, Schweser, Kendall, Clark, Kirkham and Harrah. Abstain: Douglas (to avoid the appearance of a conflict of interest as his employer, US Bank, is involved in the RevWires transaction). No: None. RESOLUTION ADOPTED October 6, 2008 Page Three RESOLUTION NO. R-52-2008 RESOLUTION APPROVING THE APPLICATION OF REVWIRES, LLC FOR ASSISTANCE FROM THE CDBG ECONOMIC DEVELOPMENT REVOLVING LOAN FUND AND DECLARING AN EMERGENCY This Resolution was given first title reading. Mr. Schweser moved for suspension of rules requiring three readings. Motion seconded by Mr. Clark. Yes: Schweser, Kendall, Clark, Kirkham, Douglas, Harrah and Hutchinson. No: None. Mr. Clark moved for adoption. Motion seconded by Mr. Harrah. Yes: Kendall, Clark, Kirkham, Douglas, Harrah, Hutchinson and Schweser. Abstain: Douglas (to avoid the appearance of a conflict of interest as his employer, US Bank, is involved in the RevWires transaction). No: None. RESOLUTION ADOPTED RESOLUTION NO. R-53-2008 RESOLUTION DESIGNATING GRANT D. KERBER AS ASSISTANT DIRECTOR OF LAW FOR THE CITY OF TROY This Resolution was given first title reading. Discussion. Mr. Dixon explained that he was asking Council to approve his designation of Grant Kerber as Assistant Director of Law. Because of the former make-up in the prosecutor's office, the position could not be filled. With the new contract for prosecutorial services with the county (previously approved by council), and with a change in personnel, recognition was now appropriate. Mr. Dixon explained that Mr. Kerber had been performing these service for many years without the title, and that the appointment resulted in no increase in personnel cost to the city. Mr. Schweser asked if this issue should go to a committee prior to presentation, and Mr. Dixon commented that the designation was his authority under the codified ordinances, and that council merely approved the designation. Mr. Douglas moved for suspension of rules requiring three readings. Motion seconded by Mr. Clark. Yes: Clark, Kirkham, Douglas, Harrah, Hutchinson, Schweser and Kendall. No: None. Mr. Clark moved for adoption. Motion seconded by Mr. Hutchinson. Yes: Kirkham, Douglas, Harrah, Hutchinson, Schweser, Kendall and Clark. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-54-2008 RESOLUTION SUPPORTING AND ENCOURAGING GENERAL MOTORS TO REINVEST IN THE GM MORAINE ASSEMBLY PLANT LOCATED AT 2601 STROOP ROAD This Resolution was given first title reading. Mr. Hutchinson moved for suspension of rules requiring three readings. Motion seconded by Mr. Harrah. Yes: Douglas, Harrah, Hutchinson, Schweser, Kendall, Clark and Kirkham. No: None. Mr. Harrah moved for adoption. Motion seconded by Mr. Schweser. Yes: Harrah, Hutchinson, Schweser, Kendall, Clark, Kirkham and Douglas. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-55-2008 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY TO ENTER INTO AN AGREEMENT WITH THE MIAMI CONSERVANCY DISTRICT FOR ACCEPTANCE OF A RESOURCE WATER PROTECTION GRANT This Resolution was given first title reading. October 6, 2008 Page Four Mr. Kendall moved for suspension of rules requiring three readings. Motion seconded by Mr. Schweser. Yes: Hutchinson, Schweser, Kendall, Clark, Kirkham, Douglas and Harrah. No: None. Mr. Clark moved for adoption. Motion seconded by Mr. Schweser. Yes: Schweser, Kendall, Clark, Kirkham, Douglas, Harrah and Hutchinson. No: None. RESOLUTION ADOPTED PRESENTATION – MAKE A DIFFERENCE DAY Martha Harris announced that Troy Community Works is partnering with a number of agencies and organizations in sponsoring the National Make a Difference Day on October 25, 2008. About 100 volunteers will work in two four-hour shifts that day to clean up and improve the block between Cedar Street and Sherman Avenue, with the Lincoln Community Center, Habitat for Humanity, and the St. James Church being the primary beneficiaries. Mrs. Harris encouraged Council members to volunteer. COMMENTS OF THE MAYOR: Mayor Beamish thanked Council for the Resolution (R-54-2008) regarding the Moraine GM plant. The Mayor also commented that less than 500 seats are available for the Terry Fator appearance at the Hobart Arena in December. The Mayor reminded everyone that Trick or Treat will be October 30, 6-8 p.m. COMMENTS OF THE DIRECTOR OF PUBLIC SERVICE AND SAFETY: Mr. Titterington noted that City crews have worked together for several weeks and are to be congratulated on there efforts to clean up and pick up the debris from an unprecedented wind storm on September 14. He noted that many of the calls the City has received have been favorable. COMMENTS OF THE DIRECTOR OF LAW: Mr. Dixon stated that he is still working on legislation for the recommendation of the Recreation and Parks Committee regarding disposing of surplus park land. Mr. Dixon introduced Mr. Grant Kerber, Assistant Director of Law. COUNCIL COMMENTS: -Mr. Schweser welcomed RevWires to the community and wished them the best of success. He noted that on a day following the largest stock market drop in history, a Council committee met to review the loan application for a company to locate and invest in Troy, and further commented that this is a result of our economic development efforts. Mr. Schweser commented that this company saw how much Troy has to offer and perhaps that we should all focus on the positive aspects of the community. -Mr. Clark also welcomed RevWires. He commented that at this meeting there were comments about the volunteerism efforts in Troy with the Youth Council and the Make a Difference event, noting that the many people who volunteer is one of the great aspects of Troy. AUDIENCE COMMENTS: Deborah Stichter, 467 W. Staunton Road, stated she read information about the recent workshop between Council and the Park and Recreation Boards, and the comments about providing educational information regarding the ballot issue of should beer sales be permitted at the Hobart Arena. She understood that no representatives of Council or the Boards planned to provide the educational element, and she views that as no one is willing to take the responsibility. She also commented that Council could have not put the issue on the ballot, or the Mayor could have vetoed it, instead of making it a vote of the citizens. She supported not voting for the ballot issue. There being no further business, the meeting adjourned at 7:55 p.m. ___________________________________________ ______________________________________ President of Council Clerk of Council |