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May 4, 2009 MINUTES OF COUNCIL A regular session of Troy City Council was held Monday, May 4, 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, Auditor INVOCATION: An invocation was given by Mr. Kendall. MINUTES: The Clerk of Council gave a summary of the minutes of the April 20, 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 to authorize bidding for the 2009 paving program at a cost not to exceed $375,000. That will break down as $345,000 for roadway paving, $5,000 for cemetery roadways, and $25,000 for paving part of the Duke Park Bike Trail. Report signed by Douglas, Kirkham and Harrah. Finance Committee: Mr. Douglas, Chairman, reported that as establishing a separate fund is a requirement of accepting the reimbursement from the Federal Emergency Management Agency (FEMA) of $176,184 associated with certain City expenditures following the windstorm of 9-14-08, Committee recommends that legislation be prepared establishing the FEMA Fund, which fund will be for the sole purpose of receiving and tracking reimbursements that the City may receive from FEMA. Committee also supported emergency legislation so that all transactions can be completed as soon as possible. Report signed by Kendall, Schweser and Douglas. Law & Ordinance Committee: Mr. Kendall, Chairman, reported that the Law & Ordinance Committee met to review the recommendation from the Troy Planning Commission that the proposed amended Subdivision Regulations be approved. Committee reviewed information provided by the City staff and by the Home Builders Association (HBA). There were discussions regarding the four items the HBA has asked be further changed. City staff was asked to provide additional information on some of those items. The Committee will set another meeting once the information is available. Report signed by Clark, Douglas and Kendall. Utilities Committee: Mr. Schweser, Chairman, reported as follows: 1) Committee recommends that legislation be prepared authorizing the Director of Public Service & Safety to advertise for bids and enter into a contract for a replacement dehumidifier for the basement of the Water Treatment Plant at a cost not to exceed $50,000. 2) Committee recommends legislation be prepared in the form of a Resolution of Support for the City offering to sell water to the City of Piqua. The City of Piqua has been mandated by OEPA to upgrade its water system, obtain water from another supplier, or become a party to a joint water district. To date, preliminary discussions have taken place regarding Piqua purchasing water from Troy through the agreement the City has with Miami County. Troy staff has provided information that this would be the most cost effective solution for Piqua. Part of any agreement would be that Piqua citizens will not receive Troy water at a lesser cost than Troy customers. As there would be no reason to delay such proposal, we support emergency legislation. Any final Agreement would be subject to the approval of Troy City Council. (Copy of entire report attached to original minutes.) Reports signed by Hutchinson, Kendall and Schweser. May 4, 2009 Page Two COMMENTS REGARDING COMMITTEE REPORTS OR AGENDA ITEMS: (Comments were in reference to R-23-2009) Lester Conard, 1210 S. Clay Street, asked if Troy could be in the position of selling water to Piqua and not being able to supply water to Troy residents. Mr. Titterington explained that would not be permitted to happen, and also noted that the combination of Troy and Piqua’s use is just a little over half of the plant capacity. Mr. Conard suggested other scenarios. Mr. Titterington commented what is before Council is exploring the sale of water to Piqua and any final agreement would not allow Piqua’s needs to supersede that of Troy. Jerry Stichter, 467 W. Staunton Road, asked about water being provided to potential developments between Troy and Piqua and are those areas addressed by a long range plan. Mr. Titterington commented that only informal discussions have taken place with Piqua officials and the legislation before Council provides Piqua with a more formal action, while still a Resolution of Support, to consider. He explained that the type of questions being asked could only be addressed through the comprehensive work of a consulting engineer, and hiring such an engineer would be a future step. He also commented that if there is a Troy water line, as parcels are adjacent and need water, they would have to annex to have the service. Mr. Stichter asked about the line to UVMC, and Mr. Titterington stated that the capability to expand that line would have to be part of a detailed study process. Mr. Stichter noted that this item is not on the City of Piqua Commission agenda. Mrs. Baker noted that the Commission had already talked about the matter, and with what is before Council, Troy is being proactive in looking at the interested of Troy. Mr. Harrah stated that the Resolution would give Piqua further information to consider. Mr. Clark commented that the Resolution of Support is part of the negotiation process. Debra Stichter, 467 W. Staunton Road, stated that she feels there would be more expense and issues than just a water line to Piqua, stating that last year Council approved a booster station to provide water to Carriage Crossing. Mr. Titterington commented that the Resolution addresses “providing the service” and what that will entail cannot yet be determined. John Wilson, 1125 Washington Road, asked why Troy would consider selling water to Piqua beyond being neighborly. Mr. Titterington stated it would be a revenue source. RESOLUTION NO. R-21-2009 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 A REPLACEMENT DEHUMIDIFIER This Resolution was given first title reading. Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Hutchinson. Yes: Schweser, Hutchinson, Kendall, Kirkham, Harrah, Douglas and Clark. No: None. Mr. Kendall moved for adoption. Motion seconded by Mr. Schweser. Yes: Hutchinson, Kendall, Kirkham, Harrah, Douglas, Clark and Schweser. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-22-2009 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 2009 PAVING PROGRAM This Resolution was given first title reading. Mr. Hutchinson moved for suspension of rules requiring three readings. Motion seconded by Mr. Clark. Yes: Kendall, Kirkham, Harrah, Douglas, Clark, Schweser and Hutchinson. No: None. Mr. Clark moved for adoption. Motion seconded by Mr. Hutchinson. Yes: Kirkham, Harrah, Douglas, Clark, Schweser, Hutchinson and Kendall. No: None. RESOLUTION ADOPTED May 4, 2009 Page Three RESOLUTION NO. R-23-2009 A RESOLUTION OF SUPPORT FOR THE PRINCIPLES OF A WATER AGREEMENT BY THE CITY OF TROY, OHIO TO PROVIDE WATER SERVICE TO THE CITY OF PIQUA, OHIO This Resolution was given first title reading. Mr. Schweser moved for suspension of rules requiring three readings. Motion seconded by Mr. Clark. Yes: Harrah, Douglas, Clark, Schweser, Hutchinson, Kendall and Kirkham. No: None. Mr. Douglas moved for adoption. Motion seconded by Mr. Kendall. Yes: Douglas, Clark, Schweser, Hutchinson, Kendall, Kirkham and Harrah. No: None. RESOLUTION ADOPTED ORDINANCE NO. O-14-2009 AN ORDINANCE ESTABLISHING A NEW BUDGET FUND TO TRACK REIMBURSEMENTS FROM FEMA AND DECLARING AN EMERGENCY This Ordinance was given first title reading. Mr. Douglas moved for suspension of rules requiring three readings. Motion seconded by Mr. Kendall. Yes: Clark, Schweser, Hutchinson, Kendall, Kirkham, Harrah and Douglas. No: None. Mr. Hutchinson moved for adoption. Motion seconded by Mr. Schweser. Yes: Schweser, Hutchinson, Kendall, Kirkham, Harrah, Douglas and Clark. No: None. ORDINANCE ADOPTED COMMENTS OF THE MAYOR. Mayor Beamish commented as follows: -Police Office Memorial Day will be recognized May 8. -Sculptures for the “Sculptures on the Square” event have been placed. COMMENTS OF THE DIRECTOR OF PUBLIC SERVICE AND SAFETY. Mr. Titterington commented that Washington Road will be closed to non-local traffic from McCurdy Road to SR 41 June 1-September 9, for ODOT’s Washington Road/SR 41 realignment project. COMMENTS OF MEMBERS OF COUNCIL. -Mr. Clark commented he appreciates the community comments regarding the water situation. -Mr. Kirkham, in view of the economic situation, asked for a review of expenditures with Council and a power point presentation on the 5-year capital plan, with the information to be provided at a meeting in June. He also asked that Council consider reducing the expenditure authorization of the Director of Public Service and Safety. -Mr. Harran advised that the National Day of Prayer will be observed on the Courthouse Plaza on May 7. He thanked those who worked on the Sculptures on the Square Event. Mr. Harrah also commented that the recently represented the City at a MVRPC event, and it should be recognized that Troy is represented in this organization which is concerned with the long term planning of the area. COMMENTS OF COUNCIL PRESIDENT. Mrs. Baker asked if anyone on Council objected to Mr. Kirkham’s request. There was no response. STAFF COMMENTS. Tim Ray, Water Plant Superintendent, noted that this is National Drinking Water Week. He invited the public to ask to tour the Water Plant. May 4, 2009 Page Four AUDIENCE COMMENTS. Jerry Stichter, 467 W. Staunton Road, asked that Troy look into providing Council packets on line rather than having them purchased. Regarding the Resolution of Support regarding a proposal to sell water to Piqua, he noted that in the past Council has authorized a water line extension across Wilson Road to SR 718, but did not proceed. There being no further business, the meeting adjourned at 7:36 p.m. ______________/s/________________________ ______________/s/________________________ Clerk of Council President |