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July 7, 2008 MINUTES OF COUNCIL A regular session of Troy City Council was held Monday, July 7, 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 W. McGregor Dixon, Jr., Director of Law Richard L. Cultice, Auditor INVOCATION: An invocation was given by Mayor Beamish. PUBLIC HEARING: At 7:02 p.m., Mrs. Baker declared open a public hearing on Resolution No. R-30-2008, adoption of the fiscal budget (tax budget). There were no comments in this regard, and at 7:03 p.m. Mrs. Baker declared the public hearing closed. PRESENTATIONS: Regarding Piqua Area Group Workcamps, Andy Burner, representing the City of Piqua and six churches of Piqua, noted that youth volunteers of all denominations are coming into the area to share faith and be of service in a free rehabbing of properties, and four home owners in Troy have qualified for the free service. He commented that the program will start July 20, and that the funds are provided by donations and not church or public funds. He asked that if officials see any of the volunteer workers, that they be thanked. Mr. Harrah asked that Council be advised of the addresses where work will be done in Troy so that they can stop by and thank the volunteers. In response to Mr. Clark, Mr. Burner stated that Piqua has been involved in the program for a year and a half. In response to Mr. Schweser, it was stated there are 263 volunteers, which is a lesser number than expected and that the volunteers are youth starting at age 14. Wade Westfall presented Mayor Beamish with a trophy won by the Troy Team (of employees) in the relay portion of the first annual Tri Troyathalon. Mr. Westfall stated there were over 110 participants and 40 volunteers, $2,782 was raised for the mission project of Ginghamsburg Church, and the Troy team beat the Piqua team. MINUTES: The Clerk gave a summary of the minutes of the June 16, 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. Schweser, to approve these minutes. Motion passed by unanimous roll call vote. COMMITTEE REPORTS: Buildings, Streets & Sidewalks Committee: Mr. Harrah, Chairman, reported that Committee recommends legislation be prepared authorizing the sale of the following real property that should be declared surplus and no longer needed for a public purpose, with the recommendation including three readings of the legislation to allow public comment especially on the sale of Amelia Park: 1. OLD FIRE STATION 2, WITH THE CITY RETAINING A 10’ WIDE UTILITY EASEMENT. 2. VACANT FOSS WAY PROPERTY, WILL REQUIRE AN INGRESS/EGRESS EASEMENT FOR ACCESS TO PRIVATE PROPERTIES. 3. PROPERTY ALONG ADAMS STREET AT STAUNTON ROAD. 4. OLD POLE YARD (YOUNG ST.). 5. AMELIA PARK (Recommended for sale by Board of Park Commissioners). Report signed by Douglas, Kirkham and Harrah. Utilities Committee: Mr. Schweser, Chairman, reported that Committee recommends legislation be prepared authorizing a 120 day extension to the Sewer Agreement with Miami County to allow time to work out all details, with the legislation prepared as an emergency measure. Committee also provided a status report on the Automated Meter Reading System, noting that the Committee again met on July 1, reviewed additional information, and was making no change to the report of June 10, 2008. Reports signed by Hutchinson, Kendall and Schweser. July 7, 2008 Page Two COMMENTS REGARDING COMMITTEE REPORTS OR AGENDA ITEMS. -Dennis Browning, 213 S. Short Street, stated he felt that under the proposed income tax ordinance, landlords were being asked to be a tax collector for the city with reporting tenant information twice a year. He objected to the tenant having to say who lives with them. Michelle Jordan, Fiscal Supervisor, stated that the landlords are being required to file tenant information on semi-annual basis and if those tenants are not now paying taxes, the same questionnaire sent to property owners will be sent to the tenant to assure that those that should pay taxes are doing so. Mr. Browning stated he did not feel that was what a newspaper article implied. Mr. Cultice stated the City has a right to know whether there is a true business (rental) of a property and one way to assure property owner deductions are correct is for a landlord to verify a property is being rented. Mr. Cultice further commented that there is no reason for everybody not to pay taxes and the City wants a mechanism in place to identify who should be paying taxes. Mr. Browning stated he does not feel the reporting is the correct approach. -Lester Conard, 1210 S. Clay Street, stated the issue of the landlords reporting tenants has been brought up before, and he feels that the City is trying to have landlords do work for the City by the reporting. -Kelly Browning, 213 S. Short Street, stated the City could require a tenant to sign for water and that would provide the information. She stated the reporting could be a hardship for someone who has a lot of rentals and could make rental cost go up. She stated the City wants others to do a job for them. She suggested the City look at other cost cutting. RESOLUTION NO. R-29-2008 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO, TO ADVERTISE FOR BIDS FOR AN AUTOMATED METER READING PROGRAM This Resolution was given first title reading on June 16, 2008. Given second title reading. Discussion. Mr. Kendall asked Mr. Cultice to discuss Enterprise Funds. Mr. Cultice commented that the Water and Sewer Funds, which would fund the automated meter reading program, can only be used for water and sewer related expenses, not General Fund expenses, that the use of the funds are restricted, and in the long run funds from such a program should result in reducing costs of the fund. Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Schweser. Yes: Clark, Hutchinson, Kendall, Schweser, Kirkham, Douglas and Harrah. No: None. Mr. Clark moved for adoption. Motion seconded by Mr. Schweser. Yes: Hutchinson, Kendall, Schweser, Kirkham, Douglas, Harrah and Clark. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-30-2008 RESOLUTION ADOPTING THE BUDGET OF THE CITY OF TROY, OHIO FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2009 AND DECLARING AN EMERGENCY This Resolution was given first title reading. Mr. Douglas moved for suspension of rules requiring three readings. Motion seconded by Mr. Hutchinson. Yes: Kendall, Schweser, Kirkham, Douglas, Harrah, Clark and Hutchinson. No: None. Mr. Kendall moved for adoption. Motion seconded by Mr. Kirkham. Yes: Schweser, Kirkham, Douglas, Harrah, Clark, Hutchinson and Kendall. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-31-2008 RESOLUTION AUTHORIZING A 120-DAY EXTENSION OF THE SANITARY SEWER AGREEMENT WITH MIAMI COUNTY AND DECLARING AN EMERGENCY This Resolution was given first title reading. July 7, 2008 Page Three Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Harrah. Yes: Kirkham, Douglas, Harrah, Clark, Hutchinson, Kendall and Schweser. No: None. Mr. Harrah moved for adoption. Motion seconded by Mr. Schweser. Yes: Douglas, Harrah, Clark, Hutchinson, Kendall, Schweser and Kirkham. No: None. RESOLUTION ADOPTED ORDINANCE NO. O-18-2008 ORDINANCE AMENDING ORDINANCE NO. O-51-06 FIXING THE SALARIES AND WAGES OF CERTAIN EMPLOYEES OF THE CITY OF TROY, OHIO, AND DECLARING AN EMERGENCY This Ordinance was given first title reading on June 16, 2008. Given second title reading Mr. Harrrah moved for suspension of rules requiring three readings. Motion seconded by Mr. Clark. Yes: Harrah, Clark, Hutchinson, Kendall, Schweser, Kirkham and Douglas. No: None. Mr. Harrah moved for adoption. Motion seconded by Mr. Kirkham. Yes: Clark, Hutchinson, Kendall, Schweser, Kirkham, Douglas and Harrah. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-19-2008 AN ORDINANCE AMENDING THE INCOME TAX CODE OF THE CITY OF TROY, OHIO. This Ordinance was given first title reading. ORDINANCE NO. O-20-2008 ORDINANCE AUTHORIZING THE SALE OF MUNICIPAL PROPERTY NO LONGER NEEDED FOR A PUBLIC PURPOSE. This Ordinance was given first title reading. PRESENTATION: -Ms. Beth Shrake, Executive Director of the Troy REC, commented that the REC appreciates the support of the City; the REC is located at 11 North Market Street; they focus on activities for teens, but have activities for all ages; they now have a website of troyrec.com; the summer Lunch Buddies program is operating from the REC this summer, which is a lunch and reading program; they will be open for the Troy Classic on the Square and plan to participate in the National Night Out event; and they are participating in a number of fund raising events and opportunities to invite people into the REC. Mrs. Baker asked about people coming into the REC the morning of the Strawberry Festival parade. Ms. Shrake said they were open so people could come in and see the building, use the restrooms, and perhaps purchase a beverage. In response to Mr. Clark, Ms. Shake stated there may still be a need for summer lunch buddy volunteers. Ms. Shrake invited Council to take a tour of the REC. COMMENTS OF THE MAYOR: The Mayor said the July 4 fireworks were excellent and a number of positive comments were received. He noted that the Mayor’s Float (canoe trip) has been rescheduled for July 31, and he appreciates the efforts of the Team Troy members in the Tri Troyathalon. July 7, 2008 Page Four COUNCIL PRESIDENT COMMENTS: Mrs. Baker stated she also enjoyed the fireworks. Mrs. Baker asked Mr. Titterington if there was additional information from DP&L following a comment at the recent meeting with township and county officials about a slow response when wires were over a car following an accident. Mr. Titterington stated Chief Boehringer is looking into this. Chief Boehringer commented that the Troy Fire Department does not have the equipment to move live wires. He is in contact with DP&L about their protocols in such a situation. COUNCIL COMMENTS: -Mr. Clark stated he felt the citizens loved the fireworks; he feels the City is doing the best job being fiscally prudent; thanked those who participated in the meeting with the townships and county; and he provided a reminder about the July 19 Troy Classic on the Square bike race. -Mr. Schweser thanked Linda Schuman, Jean Melvin and Lora Larck for organizing the July 4 parade. -Mr. Harrah asked if utility customer data was protected information, and Mr. Titterington advised that it is the income tax information that is confidential. AUDIENCE COMMENTS: -Mike Burkholder, 465 W. Staunton Road, thanked Mr. Titterington for the information about Strawberry Festival expenses. He noted that the City’s mission statement is now on the agenda, and if it will continue to be on the agenda he has issues about some of the phrases (regional hub) and would like the definition of others (vibrant downtown, etc.). -Katie Snider, 911 Wheeler Street, stated she moved back to Troy after living elsewhere for several years; she has questioned a number of items and expenses; stated she felt the money on overlooks for the Adams Street Bridge could have been invested in children; she has been told streets are paved based on a 10-year schedule but Wheeler has not been paved in 20 years and has so much growth it is mowed; she understands the City needs revenues; she tries to help by recycling, using heavy duty trash bags, and placing her refuse bag with her tenant’s so the workers do not have to walk so far; she objects to having to have two recycling or refuse fees because she owns a duplex; and she objected to comments she received this date when inquiring about a refuse fee (non payment of part of the charge would result in water being disconnected, there is a prohibition against putting her refuse bag with others, or she could have the water services in the duplex combined and just get one recycling bill). Mr. Titterington noted that no refuse fee other than that now for recycling has been established; having just one water service is not appropriate; one fee per residence is what is being proposed; and no streets have been paved this year due to budget constraints (but he will have Wheeler Street looked at). There being no further business, the meeting adjourned at 8:20 p.m. ___________________/s/_____________________ _________________/s/_____________________ President of Council Clerk of Council |