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May 18, 2009 MINUTES OF COUNCIL A regular session of Troy City Council was held Monday, May 18, 2009, at 7:00 p.m. in Council Chambers. Members Present: Clark, Douglas, Harrah, Hutchinson, Kirkham and Schweser. Upon motion of Mr. Harrah, seconded by Mr. Schweser, Mr. Kendall 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 Grant D. Kerber Director of Law Richard L. Cultice, Auditor INVOCATION: An invocation was given by Mr. Kirkham. MINUTES: The Clerk of Council gave a summary of the minutes of the May 4, 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 that Committee recommends legislation be prepared providing consent to the Ohio Department of Transportation (ODOT) to resurface I-75, within the City Limits of Troy, approximately SR 41 to County Road 15 (Piqua-Troy Road) in 2013. As requested by ODOT, Committee supports emergency legislation. Report signed by Douglas, Kirkham and Harrah. Finance Committee: Mr. Douglas, Chairman, reported as follows: 1) Committee recommends legislation be prepared authorizing submittal of an application for a CDBG grant in the amount of $92,000 for FY 2009-10 for the following Projects: $ 43,500 Downtown alley reconstruction (complete SE Public Square) $ 32,000 Family Abuse Shelter Buckeye House (411-413 S. Market Street) to install a fire protection sprinkler system. $ 5,000 Troy Community Works – Perform a Downtown Troy Neighborhood Analysis $ 9,000 Administration $ 2,500 Fair Housing Program Committee noted that legislation will be submitted for the June 1, 2009 meeting of Council, following a required public hearing by staff. 2) Committee recommends legislation be prepared authorizing a renewal agreement with the Ohio Historic Preservation Office (OHPO) related to Federally funded projects in a historic district, such as a CDBG Project. The City and OHPO have had agreements since 2001. The new agreement will expire December 31, 2011. Reports signed by Kendall, Schweser and Douglas. Law & Ordinance Committee: Mr. Clark reported that Committee had held a second meeting regarding the Subdivision Regulations, and recommends that legislation be prepared to approve the proposed amended Subdivision Regulations as forwarded by the Planning Commission, except where changed during our May 6 meeting, and to include further changes to Sections 1117.02 and 1121.02 incorporating the language of the May 4, 2009 memorandum and adding in Section 1117.02 (c) that “The detention basin and other stormwater management area shall not be included as the minimum required open space”. Committee noted that Council will hold a public hearing on this amendment to the Zoning Code at the June 16, 2009 meeting of Council. Report signed by Clark and Douglas. Mr. Clark gave the oral report of notice of D5F Liquor Permit for Tin Roof LLC, dba Tin Roof Restaurant, 439 N. Elm Street. Personnel Committee: Mr. Clark, Chairman, reported that Committee recommends legislation be prepared extending the duty injury leave for employee Joseph Atkinson for an addition thirty days. City policy provides for 90 days of such leave, with a 30-day extension that can only be granted by Council. Report signed by Harrah, Schweser and Clark. May 18, 2009 Page Two Utilities Committee: Mr. Schweser, Chairman, reported as follows: 1) Committee recommends legislation be prepared authorizing the Director of Public Service & Safety to advertise for bids and enter into a contract for the cleaning of the East Lime Sludge Lagoon at a cost not to exceed $160,000. 2) Committee recommends legislation be prepared authorizing the Director of Public Service & Safety to advertise for bids and enter into a contract for repainting/repair work for the Barnhart Road Water Tower and the Stanfield Road Water Tower at a total cost not to exceed $387,000. Reports signed by Hutchinson, Kendall and Schweser. COMMENTS REGARDING COMMITTEE REPORTS OR AGENDA ITEMS: Lester Conard asked about the availability of worker’s compensation coverage for R-27-2009. RESOLUTION NO. R-24-2009 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ADVERTISE FOR BIDS AND ENTER INTO A CONTRACT TO REPAINT AND REPAIR THE BARNHART ROAD AND STANFIELD ROAD WATER TOWERS This Resolution was given first title reading. Mr. Hutchinson moved for suspension of rules requiring three readings. Motion seconded by Mr. Schweser. Yes: Harrah, Clark, Hutchinson, Douglas, Kirkham and Schweser. No: None. Mr. Clark moved for adoption. Motion seconded by Mr. Hutchinson. Yes: Clark, Hutchinson, Douglas, Kirkham, Schweser and Harrah. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-25-2009 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 THE CLEANING OF THE EAST LIME SLUDGE LAGOON This Resolution was given first title reading. Mr. Harrah moved for suspension of rules requiring three readings. Motion seconded by Mr. Schweser. Yes: Hutchinson, Douglas, Kirkham, Schweser, Harrah and Clark. No: None. Mr. Schweser moved for adoption. Motion seconded by Mr. Harrah. Yes: Douglas, Kirkham, Schweser, Harrah, Clark and Hutchinson. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-26-2009 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO A NEW PROGRAMMATIC AGREEMENT FOR COORDINATION WITH THE OHIO STATE HISTORIC PRESERVATION OFFICE (OHPO) FOR COORDINATING HISTORIC ENVIRONMENTAL REVIEWS FOR FEDERALLY FUNDED PROJECTS This Resolution was given first title reading. Mr. Hutchinson moved for suspension of rules requiring three readings. Motion seconded by Mr. Clark. Yes: Kirkham, Schweser, Harrah, Clark, Hutchinson and Douglas. No: None. Mr. Harrah moved for adoption. Motion seconded by Mr. Schweser. Yes: Schweser, Harrah, Clark, Hutchinson, Douglas and Kirkham. No: None. RESOLUTION ADOPTED May 18, 2009 Page Three RESOLUTION NO. R-27-2009 RESOLUTION EXTENDING DUTY INJURY LEAVE FOR EMPLOYEE JOSEPH W. ATKINSON AND DECLARING AN EMERGENCY This Resolution was given first title reading. Mr. Harrah moved for suspension of rules requiring three readings. Motion seconded by Mr. Schweser. Yes: Harrah, Clark, Hutchinson, Douglas, Kirkham and Schweser. No: None. Mr. Harrah moved for adoption. Motion seconded by Mr. Clark. Yes: Clark, Hutchinson, Douglas, Kirkham, Schweser and Harrah. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-28-2009 A RESOLUTION AUTHORZING CONSENT TO THE OHIO DEPARTMENT OF TRANSPORTATION FOR WORK ON I-75 (BETWEEN SR 41 AND COUNTY ROAD 15) AND DECLARING AN EMERGENCY This Resolution was given first title reading. Mr. Harrah moved for suspension of rules requiring three readings. Motion seconded by Mr. Schweser. Yes: Hutchinson, Douglas, Kirkham, Schweser, Harrah and Clark. No: None. Mr. Schweser moved for adoption. Motion seconded by Mr. Clark. Yes: Douglas, Kirkham, Schweser, Harrah, Clark and Hutchinson. No: None. RESOLUTION ADOPTED ORDINANCE NO. O-15-2009 ORDINANCE ADOPTING THE REVISED SUBDIVISION REGULATIONS AS AN ADDITION TO THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO This Ordinance was given first title reading. COMMENTS OF THE MAYOR. Mayor Beamish commented as follows: 1) Announced that the Troy Strawberry Festival Soccer Tournament took place this past weekend. 2) Leadership Troy is meeting this Wednesday at the City Building. 3) Reminded the public of the Memorial Day activities scheduled for May 25, 2009. 4) Eighth grade band is performing at Prouty Plaza at noon on Friday. 5) Troy Civic Band will also be starting its season. COMMENTS OF THE DIRECTOR OF PUBLIC SERVICE AND SAFETY. Mr. Titterington commented that the American Legion has located a box at the entrance to City Hall. The public can deposit damaged and used flags for proper disposal. City offices will be closed for Memorial Day and trash pick-up will be pushed back one day. COMMENTS OF MEMBERS OF COUNCIL. Mr. Hutchinson reminded all those participating in the Memorial Day Parade that they should meet at the American Legion at 8:00 a.m. on May 25, 2009. Mr. Clark wished everyone a safe Memorial Day Weekend. Mr. Schweser reminded the public that Partners-in-Hope would be conducting its poverty simulation at the Church of the Nazarene on June 30, 2009 at 6:00 p.m. COMMENTS OF COUNCIL PRESIDENT. Council President Baker announced that the City Council would be conducting a workshop with the Miami County Commissioners and Township Trustees on June 29, 2009 in the Community Room at 7:00 p.m. May 18, 2009 Page Four AUDIENCE COMMENTS. Lester Conard heard of problems with automated meter readers. Patrick Titterington exclaimed it was just rumor and that the installation of the meters are progressing as planned with the system schedule to be completed by August 1, 2009. There being no further business, the meeting adjourned at 7:32 p.m. _____________/s/_____________________ ________________/s/___________________ Clerk of Council President |