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January 19, 2010 MINUTES OF COUNCIL A regular session of Troy City Council was held Tuesday, January 19, 2010, at 7:00 p.m. in Council Chambers. Members Present: Clark, Hutchinson, Phillips, Schweser and Stubbs. Upon motion of Mr. Schweser, seconded by Mr. Phillips, Mr. Kendall was excused from this meeting by unanimous roll call vote. Upon motion of Mr. Clark, seconded by Mr. Hutchinson, Mr. Harrah 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 Council President Baker. PUBLIC HEARING: At 7:02 p.m., Mrs. Baker declared open a public hearing on Ordinance No. O-2-2010, zoning code amendments. There were no comments in this regard, and at 7:03 p.m. Mrs. Baker declared this public hearing closed. COUNCIL RULES OF PROCEDURE: A motion was made by Mr. Phillips, seconded by Mr. Schweser, to approve the Council Rules of Procedure. Motion passed by unanimous roll call vote. MINUTES: The Clerk gave a summary of the minutes of the January 4, 2010, meeting of Troy City Council. There were no corrections or additions to these minutes. A motion was made by Mr. Clark, seconded by Mr. Schweser, to approve these minutes. Motion passed by unanimous roll call vote. COMMITTEE REPORTS: Buildings, Streets & Sidewalks Committee: Mr. Phillips 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 the West Stanfield Road Phase 2 Utility Improvements at a cost not to exceed $285,330.60, with the funds for this project from a grant. Report signed by Kendall and Phillips. Finance Committee: Mr. Schweser reported that Committee recommends legislation be prepared authorizing the release of the mortgage lien held for the loan to Bucio & Ehinger, LLP. Committee further noted that as the loan obligation has been met, emergency legislation is requested so that the lien is immediately released. Report signed by Schweser and Stubbs. Recreation & Parks Committee: Mr. Stubbs, Chairman, reported that Committee recommends legislation be prepared authorizing the Troy Recreation Board to advertise for bids and enter into a contract for a drop slide to be added to the Troy Aquatic Park at a cost not to exceed $110,000. Installation would not take place until the pool closes for the 2010 swimming season. Committee noted that funds are available for this item in the Swimming Pool Fund and that the fund balance can only be used for the swimming pool. Report signed by Clark, Hutchinson and Stubbs. Safety & Health Committee: Mr. Clark, Chairman, reported Committee recommends legislation be prepared authorizing the City of Troy to be a party to the Miami County Debris Management Plan under the Miami County Emergency Operations Plan (Resolution 09-11-1961). Report signed by Hutchinson and Clark. January 19, 2010 Page Two COMMENTS REGARDING COMMITTEE REPORTS OR AGENDA ITEMS. Debra Stichter, 467 W. Staunton Road, regarding the adequate fund balance for the slide and expenditures, asked how the fund is funded. Mr. Cultice commented that there is over a $200,000 fund balance, this item has been budgeted for 2010, and with the expenditure and operational costs, a balance is projected for the end of 2010. He also commented that there has not been a recent transfer to the Swimming Pool Fund. Lester Conard, 1210 S. Clay Street, asked where the Swimming Pool Fund balance came from. Mr. Cultice stated there had been transfers from the General Fund at a time when the swimming pool did not support itself. Mr. Conard suggested that the funds be held in case there are major pool repairs needed in the future, although he recognizes that swimmers want something new and the City needs a reason to attract people to the pool. Brock Heath, 2263 Murphy Lane, stated he is a new member on the Recreation Board, he understands funds are available for the slide, he thinks people are looking forward to the improvement, and with the economy it is good to have a good local attraction. RESOLUTION NO. R-2-2010 RESOLUTION TO ACCEPT THE MIAMI COUNTY DEBRIS MANAGEMENT PLAN UNDER THE 2009 EMERGNECY OPERATIONS PLAN (RESOLUTION 09-11-1961) FOR THE CITY OF TROY, OHIO This Resolution was given first title reading. RESOLUTION NO. R-3-2010 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 WEST STANFIELD ROAD PHASE 2 UTILITY IMPROVEMENTS This Resolution was given first title reading. RESOLUTION NO. R-4-2010 RESOLUTION AUTHORIZING THE RECREATION BOARD OF THE CITY OF TROY, OHIO, TO ADVERTISE FOR BIDS AND ENTER INTO A CONTRACT FOR A DROP SLIDE FOR THE TROY AQUATIC PARK This Resolution was given first title reading. ORDINANCE NO. O-2-2010 AN ORDINANCE AMENDING SECTIONS 1133.02 AND 1155.08 OF THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO This Ordinance was given first title reading on January 4, 2010. Given public hearing and second title reading. ORDINANCE NO. 0-3-2010 ORDINANCE RELEASING MORTGAGE LIEN FOR CHRISTOPHER AND HOLLIE BUCIO AND DECLARING AN EMERGENCY This Ordinance was given first title reading. COMMENTS OF THE MAYOR: The Mayor commented that there were a number of outstanding events honoring Dr. Martin Luther King over the past weekend, and he thanked Mrs. Baker and Mr. Schweser, members of the King Team, for being part of organizing events. January 19, 2010 Page Three COMMENTS OF DIRECTOR OF PUBLIC SERVICE AND SAFETY: Mr. Titterington commented as follows: - The grant for the Stanfield Road project is State of Ohio money from an obsolete Shovel Ready Grant Program, and the Troy Development Council should be acknowledged for assisting in applying for the grant and the Dayton Development Coalition is thanked for approving the grant. He noted that the first Stanfield Road grant led to the location of RevWires and it is anticipated that the new project will also provide economic development opportunities. - The Troy Water Plant is participating in a program with Ohio EPA where displaced workers with plant certifications are placed in water plants at no cost to the hosting community. - As proposed by Operations Superintendent Scott Walter the City will discontinue using rubber blades on snow plows and use steel blades only. This will allow crews to plow closer to roads and use less salt. - With the AMR system authorized last year, the City now gets reports each work day that will highlight seemingly high usage over the last 24 hours. On one day six locations were so identified as different from average use, the address contacted, and citizens notified. Citizens are becoming aware of the benefits of the system and are contacting the City to say thank you. This is helping citizens avoid high bills and potential property damage. COUNCIL COMMENTS: - Mr. Phillips stated he appreciated the report from the AMR system. - Mr. Schweser thanked Mrs. Baker for chairing the King Team past two years and her efforts associated with commemorating Dr. King. - Mr. Stubbs, commented on the drop slide, stating that this is a tough decision and may seem frivolous, however the funds can only be used for the pool, the item has been and is budgeted, the Recreation Board considered this item seriously at the time the pool was built and in the 5-year Capital Plan, and he feels it is now time to add this feature to the pool as it needs to be refreshed on occasion and kept attractive. He stated there are on-going costs for the pool, but adding the drop slide will not deplete the fund, and he feels it makes sense to go forward at this time as a business model. CITIZEN COMMENTS: - Denny Wannemacher, 1335 Greenfield, commented regarding the Stonebridge Meadows PD, that completing the Wilson Road waterline was part of the emergency legislation justification. He commented that Council authorized an expenditure of $500,000 for this work in 2003, but it was not done and what happened to the money. Mr. Titterington, commented that it was only indicated that the developer would provide a piece of the water line at their cost, saving the City $200,000 and any funds not spent remained in the Water Fund. Mr. Titterington commented that Mr. Wannemacher had inquired about a designated right turn from Adams Street to Main by Tim Hortons, stated this was looked into but the intersection does not line up to provide an additional dedicated right turn lane of the light. He did state that the City is looking into adjusting the timing of the traffic light to see if that helps the back up on Adams Street. - Debra Stichter, 467 W. Staunton Road, commented to Mr. Stubbs that the funding of the drop slide at the pool may seem frivolous, that she does not know if the Recreation Board hears the discussion about the City’s finances and that citizens are paying more for services. She asked if there are term limits for the Recreation Board, and does the Board have more decisions to deal with than they are prepared to handle with all that is going on with the Arena and Pool. She commented that the strategic plan to build and keep the pool more attractive was based on 1,000 swimmers a day and does not know how that goal is working. Regarding the addition of the slide being a good business model, Mrs. Stichter asked how many businesses do not have to include the mortgage, as the pool operation does not include paying the debt service. She stated she is not against the slide, but she does hear that the City does not have money and she is asked to pay more, but the pool fund has money. Mr. Titterington advised that the terms, scope and duties of the Recreation Board are all determined by the state law. - Lester Conard, 1210 S. Clay Street, commented that he understood officials did not like Troy being known as referendum city, but it is now a City known to legally circumvent the citizens’ rights. He said he felt the approval of Stonebridge Meadows was legally crooked. - Kelly Browning, 213 S. Short Street, stated she felt she still had not received answers to questions asked on December 21. She wants to know the number of full time employees of local Asian companies, if the employees have benefits, how many jobs are filled by temps, what will the upcoming Asian Trade Mission Cost, and if the City will bring back enough full time jobs every time there is a trade mission to pay for the expenses to make the trip. Mr. Titterington commented that the Development Director and City Engineer talked to Mrs. Browning after the last Council meeting to try to answer her questions, and there were later phone calls or messages, Troy has 15 Asian companies with several thousand full time employees with benefits, companies use temporary services often for training program and to smooth shifts, American companies follow same practice of using temporary employees for same reason, as far as return on investment of trade missions, since he has been with the City, Troy companies have expanded, there have been hundreds of millions of capital investment over past several years that brings in taxes/fees/ January 19, 2010 Page Four permits/indirect employment; the cost of this trade mission will not be known until the trip is made; and the $19,000 budget figure Mrs. Browning mentioned covers far more than the Asian trade mission. Mrs. Browning asked about tax abatement for the companies. Mr. Titterington stated some companies received some tax abatement, but that is property tax, and income tax is not abated. Mrs. Browning asked for more details about the trade mission. Mr. Titterington stated there would be several stops over a two-week period. Mrs. Browning stated she feels cities are cutting back and doing without, but in Troy it seems the City only asks for more and is giving employees raises. She commented about residential fees that have increased, additional improvements to the Adams Street Bridge that will be built, and she feels officials are ignoring what the people are saying. - Dennis Browning, 213 S. Short Street, challenged Council to what was the emergency about Stonebridge Meadows that took away the rights to a referendum. Mrs. Baker stated there was no intent to disenfranchise the citizens and that Council looked to the long term benefits to the community. Mr. Kerber advised that the circumstances for emergency legislation is defined by the ORC. There being no further business, the meeting adjourned at 8:15 p.m. _______________/s/_________________________ ________________/s/______________________ Clerk of Council President of Council |