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September 8, 2009 MINUTES OF COUNCIL A regular session of Troy City Council was held Tuesday, September 8, 2009, at 7:00 p.m. in Council Chambers. Members Present: Clark, Douglas, Harrah, Hutchinson, Kendall and Schweser. Upon motion of Mr. Harrah, seconded by Mr. Kendall, Mr. Kirkham 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 Mayor Beamish. PRESENTATION: Rachelle Miller, Executive Director of the Troy-Miami County Public Library, explained that the Library will have on the November ballot a levy to help provide the funding to restore hours and customer service, and she asked for support of the levy. MINUTES: The Clerk of Council gave a summary of the minutes of the August 17, 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 authorizing the Director of Public Service and Safety to advertise for bids and enter into a contract for Phase 6B of the Sidewalk Improvement Program at a cost not to exceed $250,000. Report signed by Douglas and Harrah. Finance Committee: Mr. Douglas, Chairman, reported as follows: 1) Committee recommends legislation be prepared to accept the tax levies, as certified by the Miami County Budget Commission, for the Troy School District and the Miami East School District. As the forms must be returned to the County by October 1, Committee supports emergency legislation. 2) Committee recommends legislation be prepared adjusting various fees charged by the City to reflect material and labor costs associated with providing the services for which there are fees, with the adjustments to be effective January 1, 2010. Committee noted that the schedule of fees has been expanded to include fees for Fire Department inspections and water and sewer tap-in fees. Reports signed by Kendall, Schweser and Douglas. Law & Ordinance Committee: Mr. Kendall, Chairman, gave an oral report that notice of transfer of D5 and D6 liquor permits has been received for Kents Troy Restaurant, Inc., dba Kents Wood Fired Steaks, 1750 W. Main Street, from High Marks, Inc. Utilities Committee: Mr. Schweser, Chairman, reported as follows: 1) Committee recommends legislation be prepared authorizing the Director of Public Service and Safety to advertise for bids and enter into a contract for the replacement of a portion of water line on Crawford Street, from Franklin Street to East Main Street, at a cost not to exceed $52,000. 2) Committee recommends legislation be prepared amending Chapter 915, Sewer Use Ordinance, related to the MIPP Enforcement Response Plan, Industry Monitoring Schedule, and Industrial User Discharge Permits for compliance with various State and Federal requirements. Reports signed by Kendall, Hutchinson and Schweser. COMMENTS REGARDING COMMITTEE REPORTS OR AGENDA ITEMS: none September 8, 2009 Page Two RESOLUTION NO. R-47-2009 RESOLUTION ADJUSTING FEES RELATED TO VARIOUS SERVICES OF THE CITY OF TROY, OHIO This Resolution was given first title reading. Mr. Douglas moved for suspension of rules requiring three readings. Motion seconded by Mr. Hutchinson. Yes: Clark, Douglas, Schweser, Harrah, Hutchinson and Kendall. No: None. Mr. Clark moved for adoption. Motion seconded by Mr. Schweser. Yes: Douglas, Schweser, Harrah, Hutchinson, Kendall and Clark. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-48-2009 RESOLUTION AUTHORIZING TAX LEVIES FOR THE CITY OF TROY, OHIO FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2010 AS DETERMINED BY THE BUDGET COMMISSION AND CERTIFYING SUCH LEVIES TO THE COUNTY AUDITOR 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: Schweser, Harrah, Hutchinson, Kendall, Clark and Douglas. No: None. Mr. Clark moved for adoption. Motion seconded by Mr. Hutchinson. Yes: Harrah, Hutchinson, Kendall, Clark, Douglas and Schweser. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-49-2009 RESOLUTION AUTHORIZING TAX LEVIES FOR THE CITY OF TROY, OHIO FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2010 AS DETERMINED BY THE BUDGET COMMISSION AND CERTIFYING SUCH LEVIES TO THE COUNTY AUDITOR 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. Harrah. Yes: Hutchinson, Kendall, Clark, Douglas, Schweser and Harrah. No: None. Mr. Harrah moved for adoption. Motion seconded by Mr. Schweser. Yes: Kendall, Clark, Douglas, Schweser, Harrah and Hutchinson. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-50-2009 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 PHASE 6B OF THE SIDEWALK REPAIR PROGRAM This Resolution was given first title reading. Mr. Harrah moved for suspension of rules requiring three readings. Motion seconded by Mr. Schweser. Yes: Clark, Douglas, Schweser, Harrah, Hutchinson and Kendall. No: None. Mr. Harrah moved for adoption. Motion seconded by Mr. Hutchinson. Yes: Douglas, Schweser, Harrah, Hutchinson, Kendall and Clark. .No: None. RESOLUTION ADOPTED RESOLUTION NO. R-51-2009 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 CRAWFORD STREET WATER LINE REPLACEMENT PROJECT This Resolution was given first title reading. September 8, 2009 Page Three Mr. Schweser moved for suspension of rules requiring three readings. Motion seconded by Mr. Hutchinson. Yes: Schweser, Harrah, Hutchinson, Kendall, Clark and Douglas. No: None. Mr. Kendall moved for adoption. Motion seconded by Mr. Douglas. Yes: Harrah, Hutchinson, Kendall, Clark, Douglas and Schweser. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-52-2009 RESOLUTION ENDORSING THE LIBRARY LEVY This Resolution was given first title reading. Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Kendall. Yes: Hutchinson, Kendall, Clark, Douglas, Schweser and Harrah. No: None. Mr. Schweser moved for adoption. Motion seconded by Mr. Kendall. Yes: Kendall, Clark, Douglas, Schweser, Harrah and Hutchinson. No: None. RESOLUTION ADOPTED ORDINANCE NO. O-22-2009 ORDINANCE AMENDING ORDINANCE NO. O-28-2008, AS AMENDED BY ORDINANCE NO. O-16-2009, APPROPRIATING FUNDS NECESSARY FOR THE VARIOUS DEPARTMENTS AND OFFICES OF THE CITY OF TROY, OHIO, FOR THE YEAR 2009 AND DECLARING AN EMERGENCY This Ordinance was given first title reading. Mr. Harrah moved for suspension of rules requiring three readings. Motion seconded by Mr. Schweser. Yes: Clark, Douglas, Schweser, Harrah, Hutchinson and Kendall. No: None. Mr. Clark moved for adoption. Motion seconded by Mr. Schweser. Yes: Douglas, Schweser, Harrah, Hutchinson, Kendall and Clark. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-23-2009 AN ORDINANCE TO APPROVE CURRENT REPLACEMENT PAGES TO THE TROY CODIFIED ORDINANCES, 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. Clark. Yes: Schweser, Harrah, Hutchinson, Kendall, Clark and Douglas. No: None. Mr. Kendall moved for adoption. Motion seconded by Mr. Harrah. Yes: Harrah, Hutchinson, Kendall, Clark, Douglas and Schweser. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-24-2009 AN ORDINANCE AMENDING CHAPTER 915 OF THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO This Ordinance was given first title reading. Mr. Schweser moved for suspension of rules requiring three readings. Motion seconded by Mr. Hutchinson. Yes: Hutchinson, Kendall, Clark, Douglas, Schweser and Harrah. No: None. Mr. Clark moved for adoption. Motion seconded by Mr. Harrah. Yes: Kendall, Clark, Douglas, Schweser, Harrah and Hutchinson. No: None. ORDINANCE ADOPTED September 8, 2009 Page Four COMMENTS OF THE DIRECTOR OF PUBLIC SERVICE AND SAFETY: Mr. Titterington commented the bidding of the three roadway projects to be funded by stimulus dollars resulted in savings of about $100,000 from that authorized. He also noted that the bids for the CDBG project of repairs to the alleyway by the Troy REC are considerably under that authorized and other projects may be considered for the balance of the CDBG funding. Mr. Titterington provided some examples of the Automated Meter Reading system’s ability to discover water leaks and other issues quickly and provides a greater level of customer service. COMMENTS OF MEMBERS OF COUNCIL: -Mr. Clark asked about the price of salt for the coming winter. Mr. Titterington advised that prices are less than last year, Troy has a good supply, and an additional supply has been ordered. -Mr. Harrah asked that the City look at the old grain elevator property on S. Mulberry for a variety of possible code violations. AUDIENCE COMMENTS: Brian Nixon, 3 Hauenstine Court, discussed the necessity of an improved skateboard park. A number of youth were present in support of Mr. Nixon’s comments. Mr. Nixon also commented that: the current skate park is overcrowded; a newer park would keep youth off the streets, provide a central location and activity area, generate more revenue for the City with competitions, give kids sense of pride and ownership; and skateboarding is a good team building sport. He stated he understands the cons of drugs and alcohol usage at the park, but feels the youth will police themselves. He stated the City of Philadelphia had $40 Million in revenue by hosting a competition; locally parents take youth to Urbana and Kettering, and money leaves the city. He indicated that adults will work in designing and preparing a new skate plaza. Mr. Harrah asked for estimates and was told Urbana built a skateboard park for $250,000, all privately donated; and that Kettering’s park cost $850,000, most of which was donated by one individual. Mr. Nixon advised that he had a group that would work to try to raise the funding. Mr. Clark stated he would like to know more about funding sources and see the proposal. It was stated that someone would get back with Mr. Nixon. Patricia Davis, 605 Indiana Avenue, stated her property has been victimized several times by vandals. She stated part of the issue is that the curb has been reduced to stone and youth throw the stones at houses and cars. She also stated that some of the garages in the area have been painted as “murals” and this does not seem to be acceptable. She asked that curbs be required and would like to have response on some complaints filed. It was stated that someone would get back with Mrs. Davis. Dave Magato, 2310 Cara Drive, stated his property abuts Andy’s Garden, and he has had a noise problem for over nine years. He stated that a City staff person took a decibel reading that exceeded that allowed at one point in his yard, but did nothing about it. It was stated that someone would get back with Mr. Magato. Dawn Oates, 1227 S. Mulberry Street, states she lives on an access road not served with City sewer, her septic system is failing, it does not meet the requirements for the County to allow a new septic system, she has been told that extending the sewer to her property is her responsibility, it will be costly, a contractor told her the City should provide a closer connection, and she would like some help with the situation. It was stated that someone would get back with Mrs. Oates. Lester Conard, 1210 S. Clay Street, asked if the work taking place on 25A would help Mrs. Oates. He was advised that that project is a water line, not a sewer line. There being no further business, the meeting adjourned at 8:12 p.m. ___________/s/______________ ________________/s/___________________ Clerk of Council President of Council |