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November 1, 2010 MINUTES OF COUNCIL A regular session of Troy City Council was held Monday, November 1, 2010, at 7:00 p.m. in Council Chambers. Members Present: Clark, Harrah, Hutchinson, Kendall, Phillips and Stubbs. Upon motion of Mr. Harrah, seconded by Mr. Clark, Mr. Schweser 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 PLEDGE OF ALLEGIANCE: Members of Boy Scout Troop #365 (Joshua Bellas, Jason Myers, and Joe Bellas) led the Pledge of Allegiance. INVOCATION: An invocation was given by Council member Stubbs. INTRODUCTIONS: Outgoing and incoming members of the Youth Council were introduced. PUBLIC HEARING: At 7:10 p.m., Mrs. Baker announced a public hearing on Ordinance No. O-26-2010. There were no comments in this regard and at 7:11 p.m. Mrs. Baker declared this public hearing closed. Mr. Kendall advised that the Law & Ordinance Committee will meet on the provisions of O-26-2010 on November 8, at 7 p.m. MINUTES: The Clerk gave a summary of the minutes of the October 18, 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. Phillips, to approve these minutes. Motion passed by unanimous roll call vote. COMMITTEE REPORTS: Finance Committee: Mr. Kendall, Chairman, reported as follows: 1) Committee recommends emergency legislation be approved authorizing a contract with Valley Asphalt Corporation for the City’s asphalt materials supply for 2010 at an amount not to exceed $39,000. This emergency contract is required as the City will expend the $25,000 purchase limit for this material due to the number and severity of main breaks, water and sewer line repairs, and other roadway repairs that have been done and those repairs that need to be done prior to year end. 2) Regarding the Adams Street Bridge Replacement Project, Committee recommends that legislation be prepared to: - Authorize the Director of Public Service and Safety to enter into an Amendment to the Agreement with the Board of Miami County Commissioners related to the Replacement of the Adams Street Bridge Over the Great Miami River, with such amendment to reflect the new cost sharing between the City and Miami County. Because of the amount of grants the County has obtained for the project and the newer estimates provided just prior to bidding are less than the 2007 estimates, the share for the project can change from 50-50 to 80% County and 20% City. The City’s costs include construction, construction engineering, enhancements requested by the City, and approach work on both sides of the bridge (including entry/sign changes at the Hobart Arena). - Amend the Permissive Tax collection period from ten years down to three years, terminating effective January 1, 2012. This is keeping the commitment to sunset the collection of the Permissive Tax if collections for 10 years are not needed to fund the City’s share of the bridge replacement project costs. (Copy of entire report attached to original minutes.) Reports signed by Stubbs and Kendall. November 1, 2010 Page Two Law & Ordinance Committee: Mr. Kendall gave the oral report that the Ohio Division of Liquor Control has transmitted the notice of the transfer of current D5 permit from safekeeping for Bamboo Grill, Ltd, 116-118 W. Main Street & Patio, Troy, to the name of Troy Boy Enterprises LLC, dba The County Seat, of the same address. Personnel Committee: Mr. Phillips, Chairman, gave an oral report that Mayor Beamish had asked for Council approval of his re-appointment of Russ Thayer to the Loan Review Committee for a new four-year term commencing January 1, 2011. A motion was made by Mr. Harrah, seconded by Mr. Clark, to approve the appointment of Russ Thayer as recommended by the Mayor. Motion passed by unanimous roll call vote. COMMENTS REGARDING COMMITTEE REPORTS OR AGENDA ITEMS: Denny Wannemacher, 1335 Greenfield, asked if both $5 Permissive Taxes would be repealed, and he was told that is what is stated in the legislation (R-64-2010). RESOLUTION NO. R-59-2010 PRELIMINARY RESOLUTION CONSENTING TO THE REHABILITATION OF THE BROADFORD BRIDGE WITHIN THE CITY OF TROY, OHIO BY THE OHIO DEPARTMENT OF TRANSPORTATION AND DECLARING AN EMERGENCY This Resolution was given first title reading on October 18, 2010. Given second title reading. Mr. Kendall moved for suspension of rules requiring three readings. Motion seconded by Mr. Harrah. Yes: Harrah, Kendall, Stubbs, Hutchinson, Clark and Phillips. No: None. Mr. Harrah moved for adoption. Motion seconded by Mr. Phillips. Yes: Kendall, Stubbs, Hutchinson, Clark, Phillips and Harrah. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-60-2010 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO A CONTRACT FOR THE TERRY DRIVE BRIDGE RECONSTRUCTION PROJECT This Resolution was given first title reading on October 18, 2010. Given second title reading. Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Kendall. Yes: Stubbs, Hutchinson, Clark, Phillips, Harrah and Kendall. No: None. Mr. Kendall moved for adoption. Motion seconded by Mr. Phillips. Yes: Hutchinson, Clark, Phillips, Harrah, Kendall and Stubbs. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-61-2010 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY TO REIMBURSE MIAMI COUNTY FOR PAVING A PORTION OF PETERS ROAD WITHIN THE CITY OF TROY, OHIO This Resolution was given first title reading on October 18, 2010. Given second title reading. Mr. Hutchinson moved for suspension of rules requiring three readings. Motion seconded by Mr. Clark. Yes: Clark, Phillips, Harrah, Kendall, Stubbs and Hutchinson. No: None. Mr. Harrah moved for adoption. Motion seconded by Mr. Hutchinson. Yes: Phillips, Harrah, Kendall, Stubbs, Hutchinson and Clark. No: None. RESOLUTION ADOPTED November 1, 2010 Page Three RESOLUTION NO. R-62-2010 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO A CONTRACT WITH VALLEY ASPHALT CORP. 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. Phillips. Yes: Harrah, Kendall, Stubbs, Hutchinson, Clark and Phillips. No: None. Mr. Harrah moved for adoption. Motion seconded by Mr. Clark. Yes: Kendall, Stubbs, Hutchinson, Clark, Phillips and Harrah. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-63-2010 A RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO AN AMENDED AGREEMENT WITH THE BOARD OF MIAMI COUNTY, OHIO, REGARDING THE REPLACEMENT OF THE ADAMS STREET BRIDGE This Resolution was given first title reading. Mr. Hutchinson moved for suspension of rules requiring three readings. Motion seconded by Mr. Kendall. Yes: Stubbs, Hutchinson, Clark, Phillips, Harrah and Kendall. No: None. Mr. Kendall moved for adoption. Motion seconded by Mr. Hutchinson. Yes: Hutchinson, Clark, Phillips, Harrah, Kendall and Stubbs. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-64-2010 A RESOLUTION REPEALING AN ANNUAL LICENSE TAX ON ALL MOTOR VEHICLES IN THE CITY OF TROY, OHIO PURSUANT TO R.C. 4504.06 AND R.C. 4504.17 This Resolution was given first title reading. Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Kendall. Yes: Clark, Phillips, Harrah, Kendall, Stubbs and Hutchinson. No: None. Mr. Harrah moved for adoption. Motion seconded by Mr. Phillips. Yes: Phillips, Harrah, Kendall, Stubbs, Hutchinson and Clark. 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 on October 4, 2010. Given second title reading on October 18, 2010. Given third title reading. Mr. Phillips moved for adoption. Motion seconded by Mr. Stubbs. Yes: Harrah, Kendall, Stubbs, Hutchinson, Clark and Phillips. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-25-2010 ORDINANCE AMENDING ORDINANCE NO. O-30-2009, AS AMENDED BY ORDINANCE NUMBERS O-15-2010 AND O-17-2010, APPROPRIATING FUNDS NECESSARY FOR THE VARIOUS DEPARTMENTS AND OFFICES OF THE CITY OF TROY, OHIO, FOR THE YEAR 2010 AND DECLARING AN EMERGENCY This Ordinance was given first title reading on October 18, 2010. Given second title reading. November 1, 2010 Page Four Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Hutchinson. Yes: Kendall, Stubbs, Hutchinson, Clark, Phillips and Harrah No: None. Mr. Harrah moved for adoption. Motion seconded by Mr. Hutchinson Yes: Stubbs, Hutchinson, Clark, Phillips, Harrah and Kendall. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-26-2010 AN ORDINANCE REPEALING SECTION 1149.09 AND AMENDING SECTION 521.07 OF THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO This Ordinance was given first title reading on October 18, 2010. Given public hearing and second title reading. COMMENTS OF THE MAYOR: Mayor Beamish commented as follows: - He appreciates the support of Mr. Thayer’s re-appointment. - Asked that everyone remember that November 2 is election day. - November 11, Veterans Day, has several events scheduled in recognition of the day. - He proclaimed November as “Strengthen the Family Month”, and presented the Proclamation to representatives of the Church of Jesus Christ of Latter-day Saints, and those representatives presented a plaque to the Mayor. COMMENTS OF THE DIRECTOR OF PUBLIC SERVICE AND SAFETY: Mr. Titterington commented as follows: - The catch basin project was authorized at $75,000. The low bid was about $39,000, and based on that bid, the City will be able to repair additional catch basins and make the sewer system even more efficient. - The community Christmas Tree was donated by the Trinity Episcopal Church and will be placed with the assistance of Piqua Steel, and the City appreciates the donation of the tree and the setting of the tree. COMMENTS OF PRESIDENT OF COUNCIL: - Mrs. Baker commented that Council approving R-64-2010 and being able to repeal the Permissive Tax to pay for the City’s share of the Adams Street Bridge replacement seven years early was a history making event. She thanked everyone involved in working on this project – the County Engineer and his staff, City Administration and staff, and the City Auditor for monitoring the City’s finances. COMMENTS OF MEMBERS OF COUNCIL: - Mr. Harrah encouraged citizens to attend the Veterans Day ceremony at 11:00 a.m. at the Veterans Memorial. - Mr. Harrah noted that the County Engineer was in attendance in case there were questions regarding the Adams Street Bridge project. - Mr. Clark stated appreciation for the service of the veterans. He also asked about the low bids for the catch basin program, with the City Engineer stating it was not possible to know why the bids were lower than expected, but it could have been the timing of the project. There being no further business, the meeting adjourned at 7:45 p.m. ____________________/s/_________________ _________________/s/__________________ Clerk of Council President of Council |