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November 15, 2010 MINUTES OF COUNCIL A regular session of Troy City Council was held Monday, November 15, 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 E. J. Titterington, Director of Public Service and Safety Richard L. Cultice, Auditor Grant D. Kerber, Director of Law INVOCATION: An invocation was given by Council member Clark. MINUTES: The Clerk gave a summary of the minutes of the November 1, 2010, meeting of Troy City Council. There were no corrections or additions to these minutes. A motion was made by Mr. Harrah, seconded by Mr. Stubbs, 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 an application to the Ohio Department of Development (ODOD) for the City to use from the Revolving Loan Fund to fund up to $250,000 of the cost of the proposed improvements to Dye Mill Road. ODOD had recently advised that, based on interpretations, $500,000 of Ohio CDBG funds would not be permitted to be used for this project as previously understood. Committee supports emergency legislation so that the application can be submitted as soon as possible as the project design is nearing completion and work is to start in early 2011. Report signed by Kendall, Phillips and Harrah. Law & Ordinance Committee: Mr. Schweser, Chairman, reported as follows: 1) Committee recommends legislation be prepared authorizing the Director of Public Service and Safety to execute the Business First! Intergovernmental Cooperation Agreement. Committee noted that this is an economic development tool focused on business retention and expansion services. As the signed agreements are to be returned to Montgomery County by December 1, Committee supports emergency legislation. 2) Committee recommends Ordinance No. O-26-2010 be adopted regarding changes to the fence provisions as the legislation eliminates redundancy in Ordinance provisions and provides additional clarification. Reports signed by Kendall, Phillips and Schweser. COMMENTS REGARDING COMMITTEE REPORTS OR AGENDA ITEMS: John Ryman, 1516 Hufford Road, Casstown, Ohio, who owns Quality Landscape, spoke regarding O-26-2010 (regarding fences). Mr. Ryman stated he feels there is an issue not addressed by the Ordinance. Previously, fences did not have to be on the property line. With the current Ordinance not permitting two parallel fences, a new fence cannot be installed if it does not connect to a neighboring fence if it is not on a property line, and this will preclude a person from having a fence to contain his children or pets in his yard. Mr. Ryman stated he understands there is an appeal process, but it has a cost of $150 with no promise of winning an appeal, and that may cause a problem for a property owner. Mrs. Baker asked Mr. Ryman if this problem was within the City and he stated it was. RESOLUTION NO. R-65-2010 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO AN AGREEMENT WITH THE MIAMI COUNTY PUBLIC DEFENDER’S COMMISSION FOR 2011 This Resolution was given first title reading. Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Hutchinson. Yes: Hutchinson, Harrah, Schweser, Stubbs, Phillips, Clark and Kendall. No: None. NOVEMBER 15, 2010 PAGE TWO Mr. Kendall moved for adoption. Motion seconded by Mr. Hutchinson. Yes: Harrah, Schweser, Stubbs, Phillips, Clark, Kendall and Hutchinson. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-66-2010 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY TO EXECUTE AN INTERGOVERNMENTAL COOPERATION AGREEMENT 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. Phillips. Yes: Schweser, Stubbs, Phillips, Clark, Kendall, Hutchinson and Harrah. No: None. Mr. Schweser moved for adoption. Motion seconded by Mr. Phillips. Yes: Stubbs, Phillips, Clark, Kendall, Hutchinson, Harrah and Schweser. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-67-2010 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO SUBMIT AN APPLICATION TO THE OHIO DEPARTMENT OF DEVELOPMENT FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUND PROGRAM INCOME FROM THE REVOLVING LOAN FUND 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. Kendall. Yes: Phillips, Clark, Kendall, Hutchinson, Harrah, Schweser and Stubbs. No: None. Mr. Harrah moved for adoption. Motion seconded by Mr. Kendall. Yes: Clark, Kendall, Hutchinson, Harrah, Schweser, Stubbs and Phillips. No: None. RESOLUTION 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 on November 1, 2010. Given third title reading. Discussion. Mr. Schweser asked that Committee review this item again to look at the matter of abutting fences as mentioned by Mr. Ryman. ORDINANCE NO. O-27-2010 AN ORDINANCE AMENDING SECTION 1151.11 OF THE ZONING CODE FOR THE CITY OF TROY, OHIO This Ordinance was given first title reading. COMMENTS OF THE MAYOR: Mayor Beamish noted that DARE graduations will be held in the coming weeks. He also mentioned the November 26 Christmas parade and lighting of the community Christmas tree. NOVEMBER 15, 2010 PAGE THREE COMMENTS OF THE DIRECTOR OF PUBLIC SERVICE AND SAFETY: Mr. Titterington commented that O-27-2010 is related to vehicles for sale in residential district and not in the right-of-way. Regarding R-67-2010, a meeting has been scheduled with officials of ODOT and US HUD regarding the use of CDBG funds as originally planned for the Dye Mill Road project. COMMENTS OF PRESIDENT OF COUNCIL: Mrs. Baker noted that the Safety & Health Committee would have a meeting following Council. CITIZEN COMMENTS: Lester Conard, 1210 S. Clay Street, commented that December was the anniversary of Council approving Stonebridge Meadows, and citizens are still not happy with that and feel it was only approved to avoid a law suit. There being no further business, the meeting adjourned at 7:27 p.m. ________________/s/_______________________ _________________/s/__________________ Clerk of Council President of Council |