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November 16, 2009 MINUTES OF COUNCIL A regular session of Troy City Council was held Monday, November 16, 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: An invocation was given by Council Member Hutchinson. PROCLAMATION: Mayor Beamish presented to the Zernzach family the “strengthen the family month” proclamation. Mr. Zernzach thanked the Mayor for the Proclamation. MINUTES: The Clerk of Council gave a summary of the minutes of the November 2, 2009 meeting of Troy City Council. There were no corrections or additions to these minutes. A motion was made by Mr. Harrah, seconded by Mr. Clark, 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 & Safety to enter into an agreement with Choice One Engineering for the design of the Experiment Farm Road Expansion project at a cost not to exceed $79,740. 2) Committee recommends legislation be prepared consenting to the Ohio Department of Transportation 2010 “Diamond Grinding Project” on I-75 through Troy. This noise reduction project would be at no cost to the City. Committee supports emergency legislation as required by ODOT. Reports signed by Kirkham, Douglas and Harrah. 3) Committee recommends legislation be prepared authorizing the Director of Public Service & Safety to enter into an amended sub-recipient agreement with the Miami County Board of Commissioners related to the Neighborhood Stabilization Program as the program can be broadened to Include a downtown rehabilitation program and the County as offered to administer that program along with their own program. This will save the City administrative time and effort. Mr. Harrah stated he would abstain from discussions and vote on this subject to avoid the appearance of a conflict of interest as he is employed by the Miami County Board of Commissioners. Report signed by Kirkham and Douglas. Finance Committee: Mr. Douglas, Chairman, reported as follows: 1) Committee recommends that legislation be prepared authorizing the Director of Public Service and Safety to enter into an agreement with the City of Cleveland Central Collection Agency (CCA) for the collection of non-filed income tax delinquents, with the CCA retaining 5% of the amount collected. 2) Committee recommends that legislation be prepared authorizing the Director of Public Service and Safety to enter into a sub-recipient agreement with the Miami County Board of Commissioners to administer the CDBG Project of installing a fire sprinkler system at the Buckeye Men’s Shelter, as the County is funding additional work on the Buckeye Men’s Shelter. This will save the City administrative time and effort. 3) Committee recommends that legislation be prepared terminating Enterprise Zone Agreement #27 as requested by 3 Sigma Corporation and First Edition Homes, Inc. based on the reduced economic benefit of the agreement. 4) Committee recommends that legislation be prepared and adopted that will adjust water rates (for other than minimum billing) 10% for 2010, 10% for 2011, and 9% for 2012 and that will adjust sewer rates (for other than minimum billing) 7% each year 2010, 2011, and 2012 for bills due on and after January 1 of each year. This follows Council not adopting a 10-year structure for both water and sewer rates (Ordinance No. O-26-2009) at the prior meeting. Committee noted that the three-year rate plan would not have an adjustment for minimum billing, does not include bonding for major capital improvements or projects, defers nearly all water and sewer capital needs beyond the term of the proposed rate adjustments, and results in fund balances which will be further reduced. Committee also noted that the average utility user in Troy would see a monthly increase of $4.54 for the first year. Reports signed by Schweser, Kendall and Douglas. November 16, 2009 Page Two Personnel Committee: Mr. Clark, Chairman, reported as follows: 1) Committee supports the reappointment of Mark Douglas and the appointment of Larry Smith to the Community Reinvestment Area (CRA) Housing Council for terms of January 1, 2010 through December 31, 2012. 2) Committee supports the Mayor’s reappointment of Charles C. Cochran to the Economic Development Revolving Loan Fund Committee for a new term ending December 31, 2013. Reports signed by Harrah, Schweser and Clark. A motion was made by Mr. Clark, seconded by Mr. Harrah, to approve the reappointment of Mark Douglas and the appointment of Larry Smith to the Community Reinvestment Area (CRA) Housing Council for terms of January 1, 2010 through December 31, 2012. Yes: Clark, Harrah, Hutchinson, Kendall, Kirkham and Schweser; Abstain: Douglas (as he is one of the persons being voted on). Motion passed. A motion was made by Mr. Clark, seconded by Mr. Schweser, to approve the reappointment of Charles C. Cochran to the Economic Development Revolving Loan Fund Committee for a new term ending December 31, 2013. Motion passed by unanimous roll call vote. COMMENTS REGARDING COMMITTEE REPORTS OR AGENDA ITEMS: -Lester Conard, commented that he hoped Council would not approve the water and sewer rate increases as he feels the increases are too high. He also suggested that the City close the City operations that are subsidized. -Denny Wannemacher, 1335 Greenfield Drive, commented that he knows a water and sewer rate increase is needed, but asked Council not to rush approval. He also indicated that he understands information provided shows a discrepancy in the utility funds that should first be addressed. RESOLUTION NO. R-60-2009 RESOLUTION ACCEPTING THE TERMINATION REQUEST FOR ENTERPRISE ZONE AGREEMENT #27 This Resolution was given first title reading. Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Hutchinson. Yes: Kirkham, Clark, Harrah, Kendall, Douglas, Schweser and Hutchinson. No: None. Mr. Hutchinson moved for adoption. Motion seconded by Mr. Schweser. Yes: Clark, Harrah, Kendall, Douglas, Schweser, Hutchinson and Kirkham. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-61-2009 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY TO ENTER INTO AN AMENDED SUBRECIPIENT AGREEMENT WITH MIAMI COUNTY RELATED TO THE NEIGHBORHOOD STABILIZATION PROGRAM This Resolution was given first title reading. Mr. Douglas moved for suspension of rules requiring three readings. Motion seconded by Mr. Clark. Yes: Harrah, Kendall, Douglas, Schweser, Hutchinson, Kirkham and Clark. No: None. Mr. Kendall moved for adoption. Motion seconded by Mr. Schweser. Yes: Kendall, Douglas, Schweser, Hutchinson, Kirkham and Clark. Abstain: Harrah (to avoid the appearance of a conflict of interest as his employer is the Miami County Commissioners). No: None. RESOLUTION ADOPTED RESOLUTION NO. R-62-2009 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO, TO ENTER INTO AN AMENDED SUBRECIPIENT AGREEMENT WITH MIAMI COUNTY BOARD OF COMMISSIONERS FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This Resolution was given first title reading. November 16, 2009 Page Three Mr. Schweser moved for suspension of rules requiring three readings. Motion seconded by Mr. Douglas. Yes: Douglas, Schweser, Hutchinson, Kirkham, Clark, Harrah and Kendall. No: None. Mr. Kendall moved for adoption. Motion seconded by Mr. Harrah. Yes: Schweser, Hutchinson, Kirkham, Clark, Harrah, Kendall and Douglas. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-63-2009 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO, TO ENTER INTO AN AGREEMENT FOR THE CENTRAL COLLECTION OF MUNICIPAL INCOME TAX BETWEEN THE CITY OF CLEVELAND, OHIO AND 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, Kirkham, Clark, Harrah, Kendall, Douglas and Schweser. No: None. Mr. Schweser moved for adoption. Motion seconded by Mr. Harrah. Yes: Kirkham, Clark, Harrah, Kendall, Douglas, Schweser and Hutchinson. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-64-2009 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO, TO ENTER INTO AN AGREEMENT WITH CHOICE ONE ENGINEERING This Resolution was given first title reading. Mr. Harrah moved for suspension of rules requiring three readings. Motion seconded by Mr. Kendall. Yes: Clark, Harrah, Kendall, Douglas, Schweser, Hutchinson and Kirkham. No: None. Mr. Kendall moved for adoption. Motion seconded by Mr. Schweser. Yes: Harrah, Kendall, Douglas, Schweser, Hutchinson, Kirkham and Clark. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-65-2009 RESOLUTION CONSENTING TO THE IMPROVEMENT OF INTERSTATE ROUTE 75 WITHIN THE CITY OF TROY BY THE OHIO DEPARTMENT OF TRANSPORTATION, FOR THE DIAMOND GRINDING PROJECT, 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. Schweser. Yes: Kendall, Douglas, Schweser, Hutchinson, Kirkham, Clark and Harrah. No: None. Mr. Clark moved for adoption. Motion seconded by Mr. Hutchinson. Yes: Douglas, Schweser, Hutchinson, Kirkham, Clark, Harrah and Kendall. No: None. RESOLUTION ADOPTED ORDINANCE NO. O-28-2009 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. Mr. Douglas moved for adoption. Motion seconded by Mr. Schweser. Yes: Schweser, Hutchinson, Kirkham, Clark, Harrah, Kendall and Douglas. No: None. November 16, 2009 Page Four Mr. Clark moved for adoption. Motion seconded by Mr. Douglas. Yes: Hutchinson, Kirkham, Clark, Harrah, Kendall, Douglas and Schweser. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-29-2009 ORDINANCE CHANGING THE ZONING OF INLOT 9304 AND INLOT 10160 IN THE CITY OF TROY, OHIO FROM MIAMI COUNTY ZONING A-1 DOMESTIC AGRICULTURAL DISTRICT AND A-2 GENERAL AGRICULTURAL DISTRICT AND ADOPTING A CITY ZONED PLANNED DEVELOPMENT This Ordinance was given first title reading. COMMENTS OF MAYOR BEAMISH. Mayor Beamish thanked Council for the appointments approved at this meeting. COMMENTS OF DIRECTOR OF PUBLIC SERVICE AND SAFETY. Mr. Titterington commented that: -The estimated savings on the Westbrook Sanitary Sewer Relining project is about $117,000. Half of this $1.38 million project is funded by a loan. -City offices are closed November 26 and 27 for the Thanksgiving Holiday. -The Christmas parade and tree lighting is scheduled for the evening of November 27. COMMENTS OF COUNCIL PRESIDENT. - Mrs. Baker encouraged citizens to attend the tree lighting ceremony. COMMENTS OF MEMBERS OF COUNCIL. Mr. Harrah asked if there was an update regarding Little League Football using city fields in 2010. He also asked if there was an update regarding reported unsecured areas at a closed grain elevator. Mr. Titterington advised that the owner was contacted to secure the grain elevator. CITIZEN COMMENTS. -Mike Burkholder, 465 W Staunton Road, discussed the purpose of a city and Troy’s finances and budget. He suggested economic development be looked at related to what it costs and what the return is. Mr. Burkholder indicated he would comment on other subjects at future meetings. -Denny Wannemacher, 1335 Greenfield Drive, asked if some changes to the turn lane on Adams Street at W. Main could be considered as traffic backs up when motorists want to enter Tim Horton’s. There being no further business, Council adjourned at 7:50 p.m. ___________________________________________ ______________________________________ Clerk of Council President of Council |