(return to 2009 Minutes)

October 5, 2009

MINUTES OF COUNCIL

A regular session of Troy City Council was held Monday, October 5, 2009, 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
Grant D. Kerber, Director of Law
Richard L. Cultice, City Auditor

INVOCATION: Following a moment of silence for Fred Daffner, former Strawberry Festival Chairman, an invocation was given by Council Member Clark.

MINUTES: The Clerk of Council gave a summary of the minutes of the September 21, 2009 meeting of Troy City Council. There were no corrections or additions to these minutes. A motion was made by Mr. Clark, seconded by Mr. Schweser, to approve these minutes. Motion passed by unanimous roll call vote.

INTRODUCTIONS: The incoming, current, and outgoing members of the Mayor’s Youth Council were introduced.

COMMITTEE REPORTS:
Buildings, Streets & Sidewalks Committee:
Mr. Harrah, Chairman, provided a statues report that committee has met to discuss if there should be controls over newspaper boxes in the Historic District. He stated that Troy Main Street will be asked to survey business owners for comments in this regard, and then the Committee will schedule an additional meeting.
Report signed by Douglas and Harrah.

Finance Committee:
Mr. Douglas, Chairman, reported as follows:
1) Committee recommends that legislation be prepared authorizing the Director of Public Service and Safety to advertise for bids and enter into a contract for the following supplies and materials for 2010: Lime, Carbon Dioxide, and Fire Hydrants; and that Committee recommends legislation be prepared authorizing the purchase of fuel quantities on the open market when needed during 2010 as firm prices cannot be obtained through the standard bidding process.
2) Committee recommends that legislation be prepared authorizing declaring as surplus five vehicles (including one confiscated by the Police Department) and authorizing the sale of the vehicles.
Report signed by Kendall, Schweser and Douglas.
Discussion. In response to Mr. Hutchinson, it was stated that the proceeds from the sale of the confiscated vehicle will be placed in a fund from which the Police Department expends money.

COMMENTS REGARDING COMMITTEE REPORTS OR AGENDA ITEMS:
Michael Burkholder, 465 Staunton Road, stated that he does not want the City to borrow funds for improvements to the water and sewer operations as it becomes the burden of the taxpayer to pay the rates to include the repayment of the borrowed funds.
Lester Conard, 1210 S. Clay Street, asked about the amount of the proposed water and sewer rate increases, with Mr. Titterington explaining that the combined increases averages 6% per year for ten years. Mr. Conard also commented that his comments reflect what others are saying to him, and the idea of carrying a balance of 125% of the operation of the utility funds in those funds does not sit well with people.
Denny Wannemacher questioned the need to establish a ten-year rate plan at this time, suggesting there be a shorter term rate increase.
Debra Stichter, 675 W. Staunton Road, stated she felt it was a double standard to have citizens vote on the issue of alcohol sales at Hobart Arena but not vote on water and sewer increases. She also asked about the definition of spot zoning in reference to O-27-2009.

October 5, 2009 Page Two

RESOLUTION NO. R-54-2009
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 CERTAIN SUPPLIES FOR THE YEAR 2010

This Resolution was given first title reading.

Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Douglas.
Yes: Harrah, Douglas, Hutchinson, Kendall, Clark, Schweser and Kirkham.
No: None.
Mr. Kendall moved for adoption. Motion seconded by Mr. Harrah.
Yes: Douglas, Hutchinson, Kendall, Clark, Schweser, Kirkham and Harrah.
No: None. RESOLUTION ADOPTED

RESOLUTION NO. R-55-2009
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY,
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. Hutchinson moved for suspension of rules requiring three readings. Motion seconded by Mr. Schweser.
Yes: Hutchinson, Kendall, Clark, Schweser, Kirkham, Harrah and Douglas.
No: None.
Mr. Schweser moved for adoption. Motion seconded by Mr. Kendall.
Yes: Kendall, Clark, Schweser, Kirkham, Harrah, Douglas and Hutchinson.
No: None. RESOLUTION ADOPTED

RESOLUTION NO. R-56-2009
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ADVERTISE FOR THE SALE OF EXCESS VEHICLES NO LONGER NEEDED FOR A MUNICIPAL PURPOSE

This Resolution was given first title reading.

Mr. Harrah moved for suspension of rules requiring three readings. Motion seconded by Mr. Schweser.
Yes: Clark, Schweser, Kirkham, Harrah, Douglas, Hutchinson and Kendall.
No: None.
Mr. Harrah moved for adoption. Motion seconded by Mr. Douglas.
Yes: Schweser, Kirkham, Harrah, Douglas, Hutchinson, Kendall and Clark.
No: None. RESOLUTION ADOPTED

ORDINANCE NO. O-26-2009
AN ORDINANCE AMENDING SECTIONS 913.01(a), 913.07, 913.08, 913.09, 915.10(c), AND 915.10 (l)(1) OF THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO RELATING TO WATER AND SEWER RATES

This Ordinance was given first title reading on September 21, 2009.
Given second title reading.

ORDINANCE NO. O-27-2009
ORDINANCE CHANGING THE ZONING OF INLOTS 1038 AND 1039 IN THE CITY OF TROY, OHIO FROM M-2, LIGHT INDUSTRIAL DISTRICT TO R-6, TWO FAMILY RESIDENTIAL DISTRICT

This Ordinance was given first title reading.

October 5, 2009 Page Three

PRESENTATION – MAKE A DIFFERENCE DAY
Martha Harris, representing Troy Community Works, stated that the October 24, 2009 “Make a Difference Day” would take place from 9 am – 4 pm. This year the volunteers will focus on helping some of the non-profit organizations that may need some help in the maintenance or “fix it” area. She also noted that Make a Difference Day is the largest single national day of service when citizens can volunteer to help others.

COMMENTS OF MAYOR BEAMISH.
Mayor Beamish noted that MVRPC has set a public workshop for October 14 in Troy on the “Going Places” program.

COMMENTS OF THE DIRECTOR OF PUBLIC SERVICE AND SAFETY.
Mr. Titterington commented that bids on the roadway projects (funded by stimulus dollars) came in under the authorization, as did the sidewalk program. He also noted that the first round of leaf collection will commence October 19.

COMMENTS OF COUNCIL PRESIDENT.
Mrs. Baker noted that the Meet the Candidate event will be held Oct. 22 at 7:30 p.m. at the Troy Junior High School.

COMMENTS OF MEMBERS OF COUNCIL.
Mr. Harrah, in response to Mr. Wannemacher, noted that the legislation on water and sewer rates does cover a ten-year rate plan, but also mandates a review at the end of five years so that it can be determined if the rate plan continues to be satisfactory or needs to be adjusted downwards or upwards.

AUDIENCE COMMENTS.
Brian Nixon, 3 Hauenstine Court, stated that he and others had met with the Park Board President and members of the City staff regarding improvements to the Skateboard Park. He stated he understands the Board will not object to a committee attempting to raise funds for the park improvements, and that the fund raising committee is setting up a 501 (3) (c) fund to receive donations.

There being no further business, the meeting adjourned at 7:50 p.m.

_________________/s/_______________________ _________________/s/__________________
Clerk of Council                                                              President of Council