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November 2, 2009 MINUTES OF COUNCIL A regular session of Troy City Council was held Monday, November 2, 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 Harrah. INTRODUCTION: Larry Shepard, newly appointed employee at the Hobart Arena, was introduced. MINUTES: The Clerk of Council gave a summary of the minutes of the October 19, 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. Hutchinson, to approve these minutes. Motion passed by unanimous roll call vote. COMMITTEE REPORTS: Buildings, Streets & Sidewalks Committee: Mr. Harrah, Chairman, reported that Committee recommends emergency legislation be prepared authorizing the Director of Public Service and Safety to enter into a contract with Valley Asphalt Corp. at an amount not to exceed $29,000 for asphalt materials in 2009. Report signed by Kirkham, Douglas and Harrah. Law & Ordinance Committee: Mr. Kendall, Chairman, reported as follows: 1) Committee members Clark and Kendall recommend that legislation be prepared approving the loan application of The Caroline for $40,000, and supported emergency legislation so that the loan can be finalized and the applicant proceed with the expansion. The report noted that Committee member Douglas will be abstaining from this report to avoid the appearance of a conflict of interest as his employer has a financial relationship with the applicant. Report signed by Clark and Kendall. 2) Committee recommends that the rezoning of Inlots 1038 and 1039, contained in O-27-2009, be approved. Report signed by Clark, Douglas and Kendall. COMMENTS REGARDING COMMITTEE REPORTS OR AGENDA ITEMS: Denny Wannemacher, 1335 Greenfield Drive, commented regarding the proposed water and sewer rates, stating that it would be a 100% increase over 10 years; he appreciates the time of Mr. Cultice in meeting with him; the proforma for the rates assumes $6 Million of additional loans; each loan would have to be approved; he does not feel rates should be based on loans that may or may not occur; and the rates should be addressed as needed as loans are approved. Lester Conard, 1210 S. Clay Street, stated he was advised at the prior meeting that the rate increases average 6%, but a Dayton paper article indicated the increases at 17% combined the first year, with 120% in rate increase over ten years. He asked Council to reject the proposal and come back with rates increases that would be better for the citizens. Mike Fox, 312 W Simpson, stated he does not feel proposed rates take into account those on fixed incomes in the current economy, and suggested the City cut back and look at selling areas that are losing money. RESOLUTION NO. R-58-2009 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO A CONTRACT WITH VALLEY ASPHALT CORP. AND DECLARING AN EMERGENCY This Resolution was given first title reading. November 2, 2009 Page Two Mr. Harrah moved for suspension of rules requiring three readings. Motion seconded by Mr. Kendall. Yes: Hutchinson, Kendall, Kirkham, Douglas, Clark, Schweser and Harrah. No: None. Mr. Harrah moved for adoption. Motion seconded by Mr. Clark. Yes: Kendall, Kirkham, Douglas, Clark, Schweser, Harrah and Hutchinson. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-59-2009 RESOLUTION APPROVING THE APPLICATION OF THE CAROLINE FROM THE SMALL BUSINESS DEVELOPMENT REVOLVING LOAN FUND 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: Kirkham, Douglas, Clark, Schweser, Harrah, Hutchinson and Kendall. No: None. Mr. Kendall moved for adoption. Motion seconded by Mr. Hutchinson. Yes: Clark, Schweser, Harrah, Hutchinson, Kendall and Kirkham. Abstain: Douglas (to avoid the appearance of a conflict of interest as his employer has a financial relationship with the applicant). 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 on October 5, 2009. Given third title reading on October 19, 2009. Given fourth title reading. Mr. Douglas moved for adoption. Motion seconded by Mr. Schweser. Yes: Schweser, Douglas and Clark. No: Harrah, Hutchinson, Kendall and Kirkham. ORDINANCE FAILED ADOPTED 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 on October 5, 2009. Given public hearing and second title reading on October 19, 2009. Given third title reading. Mr. Clark moved for adoption. Motion seconded by Mr. Hutchinson. Yes: Schweser, Harrah, Hutchinson, Kendall, Kirkham, Douglas and Clark. No: None. ORDINANCE ADOPTED COMMENTS OF MAYOR BEAMISH. Mayor Beamish commented as follows: -Reminded citizens to vote. -November has been designated as Family Month, and will provide a proclamation at the next meeting. -Veteran’s Day Ceremonies will take place Nov. 11 at the Veteran’s Memorial Park. COMMENTS OF COUNCIL PRESIDENT. Mrs. Baker noted that a recent “letter to the Editor” suggested Council see that Sherwood Shopping Center be improved. She noted that the property is privately owned and while the owner and Council may like to see improvements, the City cannot interfere or make improvements. November 2, 2009 Page Three COMMENTS OF MEMBERS OF COUNCIL. -Mr. Schweser commented that 165 individuals volunteered at the October 24 Make A Difference Day to make improvements at the locations of non-profit organizations. He noted that a number of sponsors provided $6,277 in funding that resulted in over $20,000 worth of improvements. -Mr. Harrah asked if there was an update regarding the Wasserman Building. Mr. Titterington stated that safety improvements have been made, and other improvements have been slower due to the economy, and the building owner maintains communication with the City. -Mr. Hutchinson asked about repairs to a motel that suffered a fire. Mr. Titterington advised that the owner is negotiating with his insurance company regarding repairs. -Mr. Clark noted that landscape companies continue to volunteer staff and equipment to maintain the Operation Cloverleaf area (I-75/SR41), that the project is in its seventh year, with over $300,000 in in-kind services donated in that period. -Stephen Kalmar, 436 Miami Street, suggested that property maintenance provisions may help address some of the concerns about the appearance of the Sherwood Shopping Center. -Steve Smith, owner of The Caroline, thanked Council for the approval of the loan (R-59-2009). -Mike Fox, 312 W. Simpson Street, asked if there could be a light to assist in entering/exiting the Lincoln Square Restaurant (located off SR 55). EXECUTIVE SESSION: A motion was made by Mr. Clark, seconded by Mr. Schweser, to recess into executive session to discuss negotiations with our public employees concerning their compensation and terms and conditions of employment. At 7:35 p.m. Council went into executive session. At 8:12 p.m. council returned from executive session, made no further comment, and adjourned. ________________/s/________________________ ________________/s/___________________ Clerk of Council President of Council |