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October 4, 2010 MINUTES OF COUNCIL A regular session of Troy City Council was held Monday, October 4, 2010, at 7:00 p.m. in Council Chambers. Members Present: Clark, Harrah, Hutchinson, Kendall, Phillips, Schweser and Stubbs. Presiding Officer: Martha A. Baker, President of Council Others Present: Michael L. Beamish, Mayor Patrick Titterington, Director of Public Service & Safety Grant D. Kerber, Director of Law Richard L. Cultice, Auditor INVOCATION: An invocation was given by Council member Phillips. MINUTES: The Clerk gave a summary of the minutes of the September 20, 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. Hutchinson, to approve these minutes. Motion passed by unanimous roll call vote. PRESENTATION. Mayor Beamish introduced H. “Bud” Golen, artist and CMSgt, USAF (Ret), Who has given the City a copy of his painting “Memories” which honors the Doolittle Raiders (who bombed Japan in 1942) and recognizes the support of the military by the City of Troy. Mayor Beamish noted that the original picture hangs in the USAF Academy. COMMITTEE REPORTS: Buildings, Streets & Sidewalks Committee: Mr. Harrah, 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 Experiment Farm Road Improvement Project at a cost not to exceed $1,020,000. OPWC will fund 46% of the project cost, up to a total reimbursement of $550,000. 2) Committee recommends legislation be prepared authorizing the Director of Public Service and Safety to file grant applications to MVRPC for up to 80% funding for two projects -- SR 41 Traffic Signal Interconnect to allow all of the signals from Dorset Road to Marybill Drive to be hardwired together so that they will function as one system to improve traffic flow and turn Lane Improvements at SR 55 at Dorset Road/Archer Drive intersection to realign the left turn lanes to improve visibility for that intersection. Committee noted that funding may not be until FY 2015. As the grant applications must be submitted no later than October 14, Committee supported emergency legislation. Reports signed by Kendall, Phillips and Harrah. Discussion: Mr. Schweser asked if a pedestrian crossing will be included with the SR55/Dorset/Archer intersection. Mr. Titterington replied that it is premature to determine that due to conditions that would have to be met for a crossing, but if the conditions are met, it would be possible to consider a crossing as part of the project. Finance Committee: Mr. Kendall, Chairman, reported as follows: 1) Committee recommends legislation be prepared authorizing the Director of Public Service and Safety to offer for sale six surplus vehicles. 2) Committee recommends legislation be prepared terminating Enterprise Zone Agreement #32 with Komyo America Co., Inc., which was requested by Komyo as the current economic condition had resulted in a delay of the construction phase of the project. 3) Committee recommends legislation be prepared authorizing the bidding for certain supplies for 2011, to have a contract and vendor in place prior to year end, and to purchase fuel items for 2011 on the open market based on the lowest and best quote at the time the fuel is needed. Reports signed by Stubbs, Schweser and Kendall. October 4, 2010 Page Two Personnel Committee: Mr. Phillips, Chairman, reported as follows: 1) Committee reviewed the compensation of elected officials for terms starting January 1, 2012, which would not impact the compensation of current elected officials. Recognizing the current economy, committee recommends that the compensation for all City of Troy elected officials not be adjusted above that currently established. For terms starting January 1, 2012, the compensation amounts would be: Auditor Law Dir. Mayor Council Pres. Council Member $55,341.00 $55,341.00 $21,519.00 $8,195.45 $7,649.09 2) Committee concurs with the following appointments and reappointments to the City Beautification Committee as requested by Mayor Beamish, all with terms expiring July 1, 2012: Reappointments: Gareth Johnston, Deborah Kappers, Bill Miller, and Karol McCarthy New Appointments: Pam Dalton and Barrie VanKirk Reports signed by Clark, Stubbs and Phillips. A motion was made by Mr. Harrah, seconded by Mr. Schweser, to accept the report of the Personnel Committee and approve the reappointment of Gareth Johnston, Deborah Kappers, Bill Miller, and Karol McCarthy, and the appointment of Pam Dalton and Barrie VanKirk to the City Beautification Committee for terms ending July 1, 2012. Motion passed by unanimous roll call vote. Oral Report. Mr. Phillips commented that Committee also supports the reappointment of Rosaleen Rayman to the City Beautification Committee for a term ending July 1, 2012, noting that information on this reappointment was received after the Committee met on the previous appointments/reappointments. A motion was made by Mr. Harrah, seconded by Mr. Kendall, to approve the reappointment of Rosaleen Rayman to the City Beautification Committee for term ending July 1, 2012. Recreation & Parks Committee: Mr. Stubbs, Chairman, reported as follows: 1) Committee recommends that legislation be prepared amending Section 933.13 of the Codified Ordinances of the City of Troy to provide that a dog must be on a leash or in a crate if a dog is in a City park or playground. Committee noted this amendment was requested by the Board of Park Commissioners and will amend the current provision that a dog be “under control” of someone. Mr. Schweser added there have been discussions regarding the possibility of establishing a “bark park” where dogs run free in an enclosed area. Discussion: Mr. Schweser asked if the Committee had or could discuss designating a couple of parks where people could run dogs. Mr. Titterington stated there was not much discussion as there is not really any enclosed area within parks other than an enclosed ball field at Duke Park, which has been used as a dog run and where persons have not necessarily cleaned up after dogs. Mr. Schweser asked that there be consideration to allow a park or parks to be open to dogs. 2) Committee recommends that legislation be prepared authorizing the Troy Recreation Board to complete Phase I of the Hobart Arena Boiler Systems Replacement Program at a total cost not to exceed $85,000. This includes the $30,000 purchase of the two boilers from the Dayton Public Schools. Because time is of the essence due to the availability window that boilers can be obtained from the Dayton Public Schools, and as the winter season is approaching with one of the Arena’s current boilers not being able to be used, Committee supported emergency legislation for this project. Committee noted that Phase I with the purchase of new boilers would be approximately $135,000, and further noted that costs for Phase II and III of the project would be included in future budgets. Reports signed by Clark, Hutchinson and Stubbs. Utilities Committee: Mr. Hutchinson, Chairman, reported that Committee recommends legislation be prepared authorizing the Director of Public Service and Safety to bid and contract for the annual Catch Basin Program at a cost not to exceed $75,000. Report signed by Harrah, Schweser and Hutchinson. Discussion: Mrs. Baker asked if the program includes selected catch basins rather than all catch basins, and was advised that is the case. COMMENTS REGARDING COMMITTEE REPORTS OR AGENDA ITEMS: Lester Conard, 1210 S. Clay Street, asked if there would be any scrap value to the old boilers from the Hobart Arena. Mr. Titterington stated the quote for removal of the boilers includes any scrap value to the vendor. October 4, 2010 Page Three RESOLUTION NO. R-49-2010 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO AN AGREEMENT WITH CALDWELL TANKS, INC. This Resolution was given first title reading on September 20, 2010. Given second title reading. Mr. Harrah moved for suspension of rules requiring three readings. Motion seconded by Mr. Hutchinson. Yes: Clark, Kendall, Phillips, Harrah, Stubbs and Hutchinson. No: Schweser. Mr. Clark moved for adoption. Motion seconded by Mr. Harrah. Yes: Schweser, Kendall, Phillips, Harrah, Stubbs, Hutchinson and Clark. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-50-2010 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO AN AGREEMENT WITH DPL ENERGY RESOURCES This Resolution was given first title reading on September 20, 2010. Given second title reading. Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Schweser. Yes: Kendall, Phillips, Harrah, Stubbs, Hutchinson, Clark and Schweser. No: None. Mr. Harrah moved for adoption. Motion seconded by Mr. Kendall. Yes: Phillips, Harrah, Stubbs, Hutchinson, Clark, Schweser and Kendall. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-51-2010 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ADVERTISE FOR THE SALE OF EXCESS VEHICLES NO LONGER NEEDED FOR A PUBLIC PURPOSE This Resolution was given first title reading. Mr. Kendall moved for suspension of rules requiring three readings. Motion seconded by Mr. Stubbs. Yes: Harrah, Stubbs, Hutchinson, Clark, Schweser, Kendall and Phillips. No: None. Mr. Schweser moved for adoption. Motion seconded by Mr. Clark. Yes: Stubbs, Hutchinson, Clark, Schweser, Kendall, Phillips and Harrah. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-52-2010 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 2010 CATCH BASIN PROGRAM This Resolution was given first title reading. Mr. Hutchinson moved for suspension of rules requiring three readings. Motion seconded by Mr. Clark. Yes: Hutchinson, Clark, Kendall, Phillips, Harrah and Stubbs. No: Schweser. Mr. Clark moved for adoption. Motion seconded by Mr. Hutchinson. Yes: Clark, Schweser, Kendall, Phillips, Harrah, Stubbs and Hutchinson. No: None. RESOLUTION ADOPTED October 4, 2010 Page Four RESOLUTION NO. R-53-2010 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 EXPERIMENT FARM ROAD OPWC PROJECT This Resolution was given first title reading. Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Stubbs. Yes: Kendall, Phillips, Harrah, Stubbs, Hutchinson and Clark. No: Schweser. Mr. Clark moved for adoption. Motion seconded by Mr. Hutchinson. Yes: Phillips, Harrah, Stubbs, Hutchinson, Clark, Schweser and Kendall. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-54-2010 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO SUBMIT APPLICATIONS FOR FEDERAL SAFETEA-LU FUNDS THROUGH THE MIAMI VALLEY REGIONAL PLANNING COMMISSION AND DECLARING AN EMERGENCY This Resolution was given first title reading. Mr. Phillips moved for suspension of rules requiring three readings. Motion seconded by Mr. Schweser. Yes: Harrah, Stubbs, Hutchinson, Clark, Schweser, Kendall and Phillips. No: None. Mr. Schweser moved for adoption. Motion seconded by Mr. Phillips. Yes: Stubbs, Hutchinson, Clark, Schweser, Kendall, Phillips and Harrah. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-55-2010 RESOLUTION ACCEPTING THE TERMINATION REQUEST FOR ENTERPRISE ZONE AGREEMENT #32 This Resolution was given first title reading. Mr. Kendall moved for suspension of rules requiring three readings. Motion seconded by Mr. Schweser. Yes: Hutchinson, Clark, Schweser, Kendall, Phillips, Harrah and Stubbs. No: None. Mr. Kendall moved for adoption. Motion seconded by Mr. Clark. Yes: Clark, Schweser, Kendall, Phillips, Harrah, Stubbs and Hutchinson. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-56-2010 RESOLUTION DECLARING THE NECESSITY OF A HOBART ARENA BOILER SYSTEMS REPLACEMENT PROGRAM 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. Hutchinson. Yes: Schweser, Kendall, Phillips, Harrah, Stubbs, Hutchinson and Clark. No: None. Mr. Hutchinson moved for adoption. Motion seconded by Mr. Phillips. Yes: Kendall, Phillips, Harrah, Stubbs, Hutchinson, Clark and Schweser. No: None. RESOLUTION ADOPTED October 4, 2010 Page Five RESOLUTION NO. R-57-2010 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 CERTAIN SUPPLIES FOR THE YEAR 2011 This Resolution was given first title reading. Mr. Kendall moved for suspension of rules requiring three readings. Motion seconded by Mr. Phillips. Yes: Phillips, Harrah, Stubbs, Hutchinson, Clark and Kendall. No: Schweser. Mr. Clark moved for adoption. Motion seconded by Mr. Stubbs. Yes: Harrah, Stubbs, Hutchinson, Clark, Schweser, Kendall and Phillips. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-58-2010 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO AGREEMENTS FOR THE PURCHASE OF GASOLINE AND DIESEL FUEL AFTER BIDDING ON THE OPEN MARKET AND AWARDING CONTRACTS ON A LOWEST AND BEST BID BASIS This Resolution was given first title reading. Mr. Kendall moved for suspension of rules requiring three readings. Motion seconded by Mr. Phillips. Yes: Stubbs, Hutchinson, Clark, Kendall, Phillips and Harrah. No: Schweser. Mr. Harrah moved for adoption. Motion seconded by Mr. Phillips. Yes: Hutchinson, Clark, Schweser, Kendall, Phillips, Harrah and Stubbs. No: None. RESOLUTION ADOPTED ORDINANCE NO. O-23-2010 AN ORDINANCE AMENDING CHAPTER 933 OF THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO This Ordinance was given first title reading. ORDINANCE NO. O-24-2010 ORDINANCE ESTABLISHING SALARIES FOR CERTAIN ELECTED OFFICIALS This Ordinance was given first title reading. Mr. Kendall moved for suspension of rules requiring three readings. Motion seconded by Mr. Clark. Yes: Clark, Schweser, Kendall, Phillips, Harrah, Stubbs and Hutchinson. No: None. Mr. Schweser moved for adoption. Motion seconded by Mr. Kendall. Yes: Schweser, Kendall, Phillips, Harrah, Stubbs, Hutchinson and Clark. No: None. ORDINANCE ADOPTED PRESENTATIONS: Make a Difference Day. Martha Harris, for sponsor Troy Community Works, stated that October 23 will be Make a Difference Day. She stated that 11 sites, operated by non-profit organizations, will have “fix-up” work done by volunteers. In addition, there will be food collections for local food pantries. She thanked elected officials for volunteering in the past, and commented that volunteers are needed this year as well. Troy REC. Beth Shrake, Director of the Troy REC, advised that the REC continues to provide a safe place to be after school for students in grades 6-12, and that the REC also has programs for people of all ages. She commented that the average daily attendance has increased from 30 last September to 42 this year. She also commented that the REC is seeking opportunities to raise funds to be more visible in the community, including a motorcycle rally in September that was a good fund raiser. She thanked the City for the support of the REC. October 4, 2010 Page Six COMMENTS OF THE MAYOR: Mayor Beamish noted that Arts and Humanities Month has started with activities at Hayner Cultural Center and at Brukner Nature Center. COMMENTS OF THE DIRECTOR OF PUBLIC SERVICE AND SAFETY: Mr. Titterington commented that the first round of leaf collection will start October 18 and Trick or Treat will be held October 28. Mr. Titterington also noted that Water Plant Superintendent is the 2010 recipient of the Ohio AWWA Section’s Operator Meritorious Service Award for water plant operation. COMMENTS OF MEMBERS OF COUNCIL: - Mr. Clark asked to be informed if a shock collar on a dog would work as having the dog under control. AUDIENCE COMMENTS: - Mike Burkholder, 465 W. Staunton Road, noted that Council had voted to terminate the Enterprise Zone Agreement with Koymo, and commented that in 2008, when that agreement was approved, there was justifiable excitement about the jobs and revenues of about $50,000 Komyo would bring to the City. Mr. Burkholder stated that as the City thought there would be that revenue, but that is not now the case, what budget item worth that amount would the Council members cut to compensation for this lack of income. Mr. Titterington commented that as the City budgets revenues conservatively, it cannot be assumed that the full impact of those revenues were in the budget. He further commented that Komyo has increased their employment within the Honda operation, but Komyo has not constructed a building, although that is still the plan when the economy improves. Mr. Titterington further commented that Komyo has a presence in the Troy Community, but there has been no outlay of expenditures on the part of the City based on Komyo performance, and that the City, the schools, or the County are not out anything by the termination of the agreement. Mr. Schweser mentioned budgetary savings, such as the tower maintenance agreement (R-49-2010). Mr. Titterington noted other operational changes to cut expenditures. Mr. Burkholder stated those comments were about more efficient running of the operation and he was talking about an estimated revenue not received, and not information about what Honda was doing. Mr. Titterington clarified that he was not talking about Honda employees, but Komyo employees. Mr. Cultice commented that there is no revenue calculation allocated to one entity of group of entities, it is an overall estimate and that expenditures are against the total budget. Mr. Burkholder stated his is a financial type of question – the City thought it was getting a certain amount, it is not, so what specific item is to be cut? Mr. Clark suggested that from Mr. Burkholder’s comments the City has not gotten certain money, so the City has not spent it, so it is a moot point. - Lester Conard, 1210 S. Clay Street, asked about a member of Council voting no on suspension of the rules and yes on the issue. Mrs. Baker stated that those were two separate items. Mr. Schweser stated the suspension votes on which he voted no had total expenditures of about $1.3 Million, he did not think there should be a big hurry to spend the money, but he did agree with the expenditures being made. There being no further business, the meeting adjourned at 8:25 p.m. _________________/s/__________________ ________________/s/___________________ Clerk of Council President of Council |