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September 21, 2009 MINUTES OF COUNCIL A regular session of Troy City Council was held Monday, September 21, 2009, at 7:00 p.m. in Council Chambers. Members Present: Clark, Harrah, Hutchinson, Kendall, Kirkham and Schweser. Upon motion of Mr. Harrah, seconded by Mr. Kendall, Mr. Douglas 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, City Auditor INVOCATION: An invocation was given by Council Member Schweser. MINUTES: The Clerk of Council gave a summary of the minutes of the September 8, 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. Schweser, to approve these minutes. Motion passed by unanimous roll call vote. The Clerk of Council gave a summary of the minutes of the September 15, 2009 special 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 legislation be prepared authorizing the Director of Public Service and Safety to file an application with OPWC for $550,00 of funding for the Experiment Farm Road Extension Project. The City would fund the balance of the project, now estimated at $1,194,350. As the final application deadline is September 28, Committee supports emergency legislation. Report signed by Douglas and Harrah. Finance Committee: Regarding a 10-year plan for adjustments to the water and sewer rates, with percentage adjustments as follows for bills due on and after January 1 of each year: 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 Water: 10% 10% 8% 8% 6% 6% 4% 4% 2% 2% Sewer: 7% 7% 7% 7% 7% 7% 7% 7% 2% 2% Mr. Schweser, Committee Member, submitted the following majority report: MAJORITY RECOMMENDATION: It is the recommendation of Committee Chairman Douglas and Committee Member Schweser that in order to be fiscally responsible, Council should approve water and sewer rates for a ten-year period, commencing with bills due on and after January 1, 2010, as outlined in this report, with the legislation to include the requirement for a rate review prior to the sixth year of the rate plan, or by October 15, 2014. Report signed by Schweser. MINORITY RECOMMENDATION: Mr. Kendall, Committee Member, submitted the following minority report: Council member Kendall stated that he could not support the proposed rate plan at this time. He indicated he preferred a plan that would provide zero or lesser rate increases in the first year or two of the 10-year plan, with higher rates established during the last years of the plan. Mr. Kendall also indicated that he would like to review the rates further with the Auditor and Director of Public Service and Safety, and could amend his recommendation as a result of that meeting. Mr. Kendall verbally noted that he had not been able to meet with the Auditor and Director. Report signed by Kendall. (Copy of entire report attached to original minutes.) September 21, 2009 Page Two Safety & Health Committee: Mr. Kirkham, Chairman, reported that Committee recommends legislation be prepared adopting the 2007 edition of the Fire Code and that the legislation provide for the most recent Fire Code being that used by the Troy Fire Department. Report signed by Harrah, Hutchinson and Kirkham. COMMENTS REGARDING COMMITTEE REPORTS OR AGENDA ITEMS: Dennis Wannemacher, 1335 Greenfield Drive, commented that he understood that in the Spring Mr. Cultice had said the water and sewer funds were healthy enough to loan $1 Million each to purchase some item, was that a good idea, and were those loans considered when the mathematics were done to determine how much of a rate increase was needed. Mr. Cultice stated that there was not a “loan”, but that the water and sewer funds paid for the Automatic Meter Reading (AMR) system which has resulted in lesser rate increases needed with the reduced on-going personnel and operating costs to the funds by having the AMR system, the new equipment has provided more efficiency, and it was a good idea. Mr. Wannemacher stated he was tired of reading costs for citizens in Troy compared to citizen costs in other communities, that Troy should not feel bad that costs are less than other communities, and “we pay what Troy needs to pay.” RESOLUTION NO. R-53-2009 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO MAKE APPLICATION FOR OHIO PUBLIC WORKS COMMSSION (OPWC) FUNDS FOR THE EXPERIMENT FARM ROAD EXTENSION PROJECT (NORTH TO THE CITY LIMITS) 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. Hutchinson. Yes: Harrah, Clark, Schweser, Kirkham, Kendall and Hutchinson. No: None. Mr. Schweser moved for adoption. Motion seconded by Mr. Clark. Yes: Clark, Schweser, Kirkham, Kendall, Hutchinson and Harrah. No: None. RESOLUTION ADOPTED ORDINANCE NO. O-25-2009 AN ORDINANCE ADOPTING THE INTERNATIONAL CODE COUNCIL 2007 FIRE CODE AND AMENDING CERTAIN SECTIONS OF CHAPTER 1501 OF THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO This Ordinance was given first title reading. Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Hutchinson. Yes: Schweser, Kirkham, Kendall, Hutchinson, Harrah and Clark. No: None. Mr. Hutchinson moved for adoption. Motion seconded by Mr. Kendall. Yes: Kirkham, Kendall, Hutchinson, Harrah, Clark and Schweser. No: None. ORDINANCE 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. September 21, 2009 Page Three PRESENTATION – UPDATE ON LINCOLN COMMUNITY CENTER. Isaiah Williams, Executive Director of Lincoln Community Center (LCC), provided an update of the Center’s activities, including: a goal of the LCC is to provide opportunities for leisure time activities for the young and the old; LCC has partnered with the YMCA as the Y has provided a temporary place for swimming for LCC members; the LCC Board has voted to make repairs and updates to the LCC pool based on funding available from The Troy Foundation; the LCC offers pickle ball; the LCC sponsored a program called “I like me” for young girls; attendance at the LCC this year is at about 6,400; the LCC appreciates the support of the City; and visits are welcome at any time. In response to Mrs. Baker, Mr. Williams stated that LCC is open 8 a.m.-9 pm Monday-Thursday and noon to 5 p.m. on Friday, and that there are some paid part-time staff members. In response to Mr. Schweser, Mr. Williams stated that the pool work includes a heater, balance tank, 2nd main drain to meet a new law, and a chemical controller for balance and efficiency of the pool. In response to Mr. Clark, Mr. Williams stated that generally attendance is up for the year, although there is lesser use of the facility in the summer months, and that the “I like me” program was supported by The Troy Foundation and a church, and that the first session had less than 12 participants. Some of the LCC Board members were also present. COMMENTS OF THE DIRECTOR OF PUBLIC SERVICE AND SAFETY: Mr. Titterington commented that: - Recent bids for catch basins, relining of some of the Westbrook Sewers, and a ditch stabilization program came in under the Council authorization for each project. - In regards to comments at the prior Council meeting: 1. Some staff members met with Mr. Nixon regarding an improved skateboard park and Mr. Nixon understands that with less revenue any improvements would have to come from outside resources. 2. City staff has contacted Mrs. Davis regarding her neighborhood issues. 3. City staff again tested noise levels discussed by Mr. Magato, found one location on the property where the allowed decibels were exceeded, and the neighboring business has been contacted to remedy the situation. 4. City staff has met with Mrs. Oates regarding a connection to City sewers from her Mulberry Street address, it seems that any option is lengthy and expensive, but staff is willing to discuss Mrs. Oates paying the cost through an assessment program. COMMENTS OF MEMBERS OF COUNCIL: - Mr. Harrah stated that earlier this date he had talked to Mrs. Oates and it may be that the septic system can be repaired, as it is not broken, and repairs can be done based on code requirements, and she may not have the expense of connecting to the City sewer. - Mr. Kendall commented that he had need of the Fire Department EMT services the past week and thanked them for the quick and professional response. - Mr. Clark congratulated Troy Main Street on an excellent Taste of Troy event (9-19-09), stated that the weekend’s WACO Fly-In was a great event, and he attended an anniversary celebration at the Troy Baptist Temple. There being no further business, the meeting adjourned at 7:35 p.m. __________________/s/______________________ __________________/s/_________________ Clerk of Council President of Council |