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September 2, 2008 MINUTES OF COUNCIL A regular session of Troy City Council was held Tuesday, September 2, 2008, at 7:00 p.m. in Council Chambers. Members Present: Clark, Douglas, Harrah, Kendall, Kirkham and Schweser. Upon motion of Mr. Harrah, seconded by Mr. Clark, Mr. Hutchinson was excused from this meeting by unanimous roll call vote. 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 Council Member Harrah. MINUTES: The Clerk gave a summary of the minutes of the August 18, 2008 meeting of Troy City Council. There were no corrections or additions to these minutes. A motion was made by Mr. Schweser, seconded by Mr. Kendall, to approve these minutes. Motion passed by unanimous roll call vote. COMMITTEE REPORTS: Buildings, Streets & Sidewalks Committee: Mr. Harrah, Chairman, reported as follows: 1) Committee recommends legislation be prepared authorizing the Director of Public Service and Safety to advertise for bids and enter into a contract for the McKaig Road Phase I Improvement Project (Cartwright Ct. to SR 718) at a cost not to exceed $544,700, with 41% of the cost of the project funded by the Ohio Public Works Commission. 2) Committee recommends legislation be prepared authorizing the Director of Public Service and Safety to advertise for bids and enter into a contract for the West Stanfield Improvement Project at a cost not to exceed $525,000, which will be entirely funded by grants; and to reimburse Bruns General Contracting, Inc. water and sewer line oversizing in amounts not to exceed $28,358 for water line oversizing and $12,890 for sewer oversizing. Bruns General Contracting, Inc. has a development project in the area of the West Stanfield Road Improvement Project. Reports signed by Douglas, Kirkham and Harrah. Finance 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 and enter into a contract or contracts for the mowing of the following parcels: Lytle Road (950’x330’) 07.19 Acres Wastewater Plant (720’x780’) 12.90 Acres Wastewater Plant (850’x80’) 01.56 Acres Rutherford Drive – Water Plant 02.50 Acres Duke Park – Back (2,600’x380’) 22.70 Acres Duke Park – Side (660’x640’) 09.70 Acres It is anticipated that farmers may be interested in mowing in order to have the hay and that the City may receive some payment. The City will save the personnel cost and equipment usage now expended for the mowing. 2) Committee recommends legislation be prepared and approved as an emergency measure to amend Chapter 171 of the Codified Ordinances related to income tax. Committee noted that a prior revision, contained in Ordinance No. O-19-2008 failed adoption. In updating the income tax provisions to conform to the IRS and Ohio Tax Laws, this legislation will contain a provision that once a year landlords provide the City with the names/address of tenants to help assure that wage owners are paying City income tax and will no longer allow an offset of rental losses against wages. Both provisions have been objected to by landlords. That regarding registration of tenants has been revised from O-19-2008 to require such filing only once a year. (Copy of entire report will be attached to original minutes.) Reports signed by Kendall, Schweser and Douglas. September 2, 2008 Page Two COMMENTS REGARDING COMMITTEE REPORTS OR AGENDA ITEMS. Regarding the legislation for an adjusted fee for refuse collection: -Dennis Browning, 213 S. Short Street, questioned the cost of trash pickup per household, and stated that tax dollars have supported this service. Mr. Titterington commented that the Refuse Department Budget is $1.2 Million, which would be more than $14 per month per residential property. Mr. Browning asked about information presented on this item, and Mrs. Baker indicated it had been discussed and the legislation read at two prior meetings. -Denny Wannemacher, 1335 Greenfield Drive, commented opposing the trash pickup fee, stating he feels the City has financial trouble due to excessive pay raises and overspending; there was a promise made that citizens would never have to pay for trash collection; this is a not a subsidized service as it is funded by tax dollars; and why does the collection cost so much. Mr. Titterington advised that persons in the unincorporated areas outside Troy pay about double the proposed City fee and that when the City bid the service it was found that City staff performs the service at less cost than a contractor. -Barbara Martin, 222 W. Franklin Street, suggested that recycling should be encouraged more to bring down the cost of refuse collection. -Kelly Browning, 213 S. Short Street, suggested Troy follow the example of Springfield, which City in 2008 turned off street lights and privatized trash pickup. Mrs. Browning suggested the City is just moving money around. -Lester Conard, 1210 S. Clay Street, commented that the current $1.55 fee per month is not for trash collection, it is for recycling. Mr. Titterington concurred and noted that the recycling contract is paid from the Refuse Collection Budget. Mr. Conard commented that the City takes money from the citizens and keeps the Hobart Arena and Miami Shores Golf Course open, and that there should not have been a storm water fee. -Jerry Stichter, 467 W. Staunton Road, asked Council not to vote on the refuse fee, stating he feels the City could make other cost cuts, and there could be alternate plans to deal with refuse. Regarding the income tax legislation, especially no longer allowing property losses as an offset against income or the requirement that landlords provide tenant names/addresses: -Dave Murray, office at 104 N. Market Street, stated that the loss offset benefits one business in seven; that the $50,000 saved by the City by not having the provision is income to the businesses that now use the provision; the City gives a lot to businesses that receive Enterprise Zone Agreements to bring jobs; the landlords work to bring in jobs as well; Bob Cole used tax losses to buy more real estate and reinvested in Troy purchasing the former Stouder Hospital building; landlords are treated as a liability; and as people change their behavior over a few dollars, there will be fewer Trojans reinvesting in Troy. -Carol West, owner of property on Hawk Circle, commented that it is hard to find tenants; the ordinance provisions are a hardship; taxes have gone up; the City gives huge tax write-offs to big business; it is easy for Council to pass the legislation as no member of Council is a landlord; and the tenant information should be available through employee withholding. Mr. Titterington stated that some tenants may not have taxes withheld. -Leonard Ward, Ft. Loramie-Swanders Road, Sidney, Ohio, Troy property owner, asked how much income tax the City feels will be gained by getting the tenant information and does the City think all property owners are filing. Mr. Titterington replied that there is no way to know as the City does not know how many tenants may not be filing with the City, and it is easier to get information associated with owner-occupied properties. He reiterated that the City is only asking for the name and address of the tenant, and City staff will then ask questions of the tenant for other information needed. -Diane Farenkoph, owner of property on Saratoga Drive, stated that if someone is working on their property and can’t write off cost of materials, landlords will have to raise rents to compensate for those costs. -Floyd McGillvary, stated he owns two properties, asked about the cost to implement the reporting system and what will be gained, and opposed the penalty. Mr. Titterington commented the program will be implemented with existing staff so there is no additional cost; it is not known how much will be gained, noted that one apartment complex of 216 units only has 36 active accounts so there must be some persons not reporting income; and there would be six steps of working with a landlord for compliance before a penalty is imposed. -Mark Cheatwood, stated he lives outside the City, and the tax ordinance changes will place burdens on landlords Council does not share. -Roger Ewing, stated he lives outside Troy, commented that Council gives businesses incentives to come to Troy; the businesses do not pay taxes and passes on costs; if landlords have other costs they will pass them on; and this will result in rental vacancies. September 2, 2008 Page Three Mr. Titterington provided additional responses: -The City did look at different options regarding refuse collection. -A private contractor’s initial charge would have been $14.81 and $20 by year ten; the City’s initial fee will be $6.50 the first year and $13.00 the second; and will be less than a private contractor by year ten. -Regarding the Income Tax Ordinance – the City does not offer income tax abatement; there is some property tax abatement for a select few with a substantial investment and jobs; regarding the $50,000 the City now refunds associated with loss offset, that is a tax break to a select few (3%) funded by others through the General Fund; the City understands there have been misleading ads in the paper and in letters sent out; the average change is $145 a year for the loss offset against wages; the City must address financial challenges such as over a 100% increase for road salt; the refuse collection fee has been discussed for two and a half months; emergency legislation was requested so that forms could be in the hands of tax payers by January 1; and if the forms are not ready in time there will be additional $7,000 mailing fee the City wishes to avoid. Fiscal Supervisor Michelle Jordan stated she also feels there is a great deal of information about the loss offset matter. She reiterated that for City tax purposes, a landlord can take every expense allowed for Federal tax purposes. Jules Klawon, 428 E. Main, stated she wanted to give some positive comments. She stated she feels citizens should feel blessed to have the City and amenities; she moved here by choice for the many quality of life items offered that her family can enjoy; she has five children and a tight budget; she has lived many places in the United States and has paid for refuse collection in any other city or state in which she has lived; she does not object to paying the fee; if amenities are lost, property values will be impacted; and she will tighten her budget to pay for the valuable assets that are in Troy and to save it for future generations. RESOLUTION NO. R-37-2008 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 TWO NEW PACKER TRUCKS This Resolution was given first title reading on August 4, 2008. Given second title reading on August 18, 2008. Given third title reading. Mr. Douglas moved for adoption. Motion seconded by Mr. Schweser. Yes: Schweser, Kirkham, Clark and Douglas. No: Harrah and Kendall RESOLUTION ADOPTED RESOLUTION NO. R-38-2008 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 THE REPLACEMENT OF SANITARY SEWERS ALONG PENN ROAD This Resolution was given first title reading on August 18, 2008. Given second title reading. Mr. Schweser moved for suspension of rules requiring three readings. Motion seconded by Mr. Clark. Yes: Kirkham, Harrah, Clark, Douglas, Kendall and Schweser. No: None. Mr. Clark moved for adoption. Motion seconded by Mr. Harrah. Yes: Harrah, Clark, Douglas, Kendall, Schweser and Kirkham. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-39-2008 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 THE REPLACEMENT OF SANITARY SEWERS ALONG WILLIAMS STREET This Resolution was given first title reading on August 18, 2008. Given second title treading. September 2, 2008 Page Four Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Douglas. Yes: Clark, Douglas, Kendall, Schweser, Kirkham and Harrah. No: None. Mr. Douglas moved for adoption. Motion seconded by Mr. Schweser. Yes: Douglas, Kendall, Schweser, Kirkham, Harrah and Clark. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-40-2008 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 THE DRILLING OF TEST WELLS 20 AND 21 IN THE EAST WELL FIELD This Resolution was given first title reading on August 18, 2008. Given second title reading. Mr. Harrah moved for suspension of rules requiring three readings. Motion seconded by Mr. Kendall. Yes: Kendall, Schweser, Kirkham, Harrah, Clark and Douglas. No: None. Mr. Kendall moved for adoption. Motion seconded by Mr. Schweser. Yes: Schweser, Kirkham, Harrah, Clark, Douglas and Kendall. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-41-2008 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ADVERTISE FOR BIDS AND ENTER INTO CONTRACTS FOR MOWING PUBLIC PROPERTY This Resolution was given first title reading. Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Schweser. Yes: Kirkham, Harrah, Clark, Douglas, Kendall and Schweser. No: None. Mr. Clark moved for adoption. Motion seconded by Mr. Douglas. Yes: Harrah, Clark, Douglas, Kendall, Schweser and Kirkham. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-42-2008 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 THE McKAIG ROAD IMPROVEMENT This Resolution was given first title reading. Mr. Harrah moved for suspension of rules requiring three readings. Motion seconded by Mr. Schweser. Yes: Clark, Douglas, Kendall, Schweser, Kirkham and Harrah. No: None. Mr. Clark moved for adoption. Motion seconded by Mr. Schweser. Yes: Kendall, Schweser, Kirkham, Harrah and Clark. No: None. Abstain: Douglas (to avoid the appearance of a conflict of interest). RESOLUTION ADOPTED RESOLUTION NO. R-43-2008 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 THE WEST STANFIELD ROAD IMPROVEMENT PROJECT This Resolution was given first title reading. September 2, 2008 Page Five Mr. Schweser moved for suspension of rules requiring three readings. Motion seconded by Mr. Kendall. Yes: Kendall, Schweser, Kirkham, Harrah, Clark and Douglas. No: None. Mr. Clark moved for adoption. Motion seconded by Mr. Schweser. Yes: Schweser, Kirkham, Harrah, Clark and Kendall. No: None. Abstain: Douglas (to avoid the appearance of a conflict of interest). RESOLUTION ADOPTED RESOLUTION NO. R-44-2008 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO PAY BRUNS GENERAL CONTRACTING, INC. FOR WATER AND SEWER LINES OVERSIZING This Resolution was given first title reading. Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Douglas. Yes: Kirkham, Harrah, Clark, Douglas, Kendall and Schweser. No: None. Mr. Schweser moved for adoption. Motion seconded by Mr. Harrah. Yes: Harrah, Clark, Douglas, Kendall, Schweser and Kirkham. No: None. RESOLUTION ADOPTED ORDINANCE NO. O-23-2008 ORDINANCE AMENDING SECTION 919.11 OF THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO AND IMPLEMENTING A RESIDENTIAL REFUSE PROGRAM AND ESTABLISHING FEES This was given first title reading on August 4, 2008. Given second title reading on August 18, 2008. Given third title reading. Mr. Douglas moved for adoption. Motion seconded by Mr. Clark. Yes: Clark, Douglas, Schweser. No: Kendall, Kirkham, Harrah. The Council President only votes in case of a tie: Yes: Baker. ORDINANCE ADOPTED ORDINANCE NO. O-25-2008 AN ORDINANCE AMENDING THE INCOME TAX CODE OF THE CITY OF TROY, OHIO AND DECLARING AN EMERGENCY This Ordinance was given first title reading. Mr. Schweser moved for suspension of rules requiring three readings. Motion seconded by Mr. Douglas. Yes: Douglas, Kendall, Schweser, Kirkham, Harrah and Clark. No: None. Mr. Douglas moved for adoption. Motion seconded by Mr. Clark. Yes: Kendall, Schweser, Kirkham, Clark and Douglas No: Harrah. ORDINANCE ADOPTED COMMENTS OF THE MAYOR: Mayor Beamish commented as follows: -We live in a great community that involves the efforts of so many people. At the August 31 concert by the Air Force Band of Flight, the new Commander commented about how much pride the citizens should have in this beautiful community. -Thanked Fire and Police staffs for being at the concerts and events. He noted that Police Chief Phelps had attended a number of the events as part of the police presence. September 2, 2008 Page Six COMMENTS OF THE DIRECTOR OF PUBLIC SERVICE AND SAFETY: Mr. Titterington commented as follows: -Thomas Funderburg, Human Resources Director, was appointed to the newly created position of Assistant Director of Public Service and Safety effective September 1, 2008. -Over the past weekend while attending a soccer tournament in another community, he heard a number of favorable comments about Troy and especially the downtown. -Golf Director Ken Green has been advised that Miami Shores Golf Course has been selected by “Golf Digest” as one of “best places to play”, and was selected from among 6,000 courses. COUNCIL COMMENTS: -Mr. Clark stated he appreciates the update on the Troy Aquatic Park, noting that memberships were ahead of last year; he feels the facility continues to be a success story. -Mr. Douglas thanked City staff for keeping Council advised of many events, including those at the Hobart Arena. AUDIENCE COMMENTS: -Tom Behm, 1860 Quails Nest Court, apologized for comments at the prior meeting. He requested that the City consider requiring tenants to pay deposits for water and sewer services, indicating that such a provision would be business friendly and save business owners thousands of dollars. It was stated that Mr. Titterington will look into this and provide information to Council. -Kelly Browning, 213 S. Short Street, indicated she had calculated what the City would receive for the refuse collection fee and that the City is charging more than citizens would pay if the service was privatized; she stated she liked Troy when it was small; the City paid $1,000 more to have another plumbing company do backflow prevention work than it would have paid her husband’s company; and that Council members are aware of overspending. Mr. Cultice commented that in the first year the City will receive about $408,000 in refuse collection fees against a $1.2 Million Budget, and that in the second year the fee charged will be $13 a month. -Lester Conard, 1210 S. Clay Street, stated that Mr. Clark praised the pool and he does not feel it is that great of a thing and that it “went in the hole” last year; the Mayor and Mr. Titterington say how great the City is and take the credit when it is the citizens that make the City; and he is not proud of the City any more, that Troy is dying, and it will be a well maintained ghost town. Mayor Beamish stated that he continues to praise the citizens for all they do for Troy. -Barbara Martin, 222 W. Franklin Street, stated she moved here by choice; she is proud to live here; she realizes some feathers will get ruffled when there are changes; and that the citizens elected Council and she thinks Council is doing a fine job. Chuck Fox, Director of Troy Main Street, announced that “Ohio Magazine” has named Troy one of the “Best Home Towns in Ohio”, qualifying in areas including civic pride, economic development, arts and culture, entertainment and culture, education, and health and safety. He commented that this recognition is an honor for the City, that we have a pretty good town, and it will continue to be so with the leadership and citizens working together. There being no further business, the meeting adjourned at 8:40 p.m. ___________________/s/_____________________ _________________/s/__________________ President of Council Clerk of Council |