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December 6, 2010 MINUTES OF COUNCIL A regular session of Troy City Council was held Monday, December 6, 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 Harrah. PUBLIC HEARING: At 7:02 p.m., Mrs. Baker declared open a public hearing on Ordinance No. O-27-2010. There were no comments in this regard, and at 7:03 p.m., Mrs. Baker declared this public hearing closed. MINUTES: The Clerk gave a summary of the minutes of the November 15, 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. 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 the Director of Public Service and Safety to advertise for bids and enter into contracts for the Dye Mill Road Improvement project at a total cost not to exceed $1,010,000. Committee noted that the project will be funded by various State of Ohio grants. Report signed by Kendall, Phillips and Harrah. Finance Committee: Mr. Kendall, Chairman, reported that Committee recommends that the 2011 Appropriation Ordinance (budget adoption) be prepared approved. Committee noted that the budget reflects unfilled positions based on vacancies, declining revenues, a small number of capital projects that can be funded due to prior budget savings, and authorized salary increases. Committee further noted that the 2010 budget reflects Council’s number one priority of economic development, and that as a working document, some reappropriations are anticipated during the year. In that the appropriation includes the funding for agencies for 2011 (based on decreased subsidies for all but the Troy Development Council) and each requires specific legislation authorizing the funding, Committee recommended that legislation also be prepared authorizing the following funding: Troy Development Council $125,000 Troy Main Street, Inc. $ 65,000 Public Television Communications Center $102,000 Troy Recreation Association, Inc. $ 33,000 Report signed by Schweser, Stubbs and Kendall. Law & Ordinance Committee: Mr. Schweser, Chairman, gave the oral report of notice of the following applications from the Ohio Department of Liquor Control: * Transfer of current C1 and C2 permits from the name of Revco Discount Drug Centers, Inc., dba CVS Pharmacy #7694, 804 West Main Street, Troy, Ohio, to the name of Ohio CVS Store LLC, of the same address. * New C1 and C2 permits for Pramukh Krupa I, Inc., dba Trojan Village Beverage Dock,1441 Stony Creek Road. December 6, 2010 Page Two Safety & Health Committee: Mr. Clark, Chairman, reported that Committee recommends legislation be prepared authorizing the Director of Public Service and Safety to execute a three-year agreement with Public Safety Medical for that company providing contract required annual physicals for firefighters at a cost not to exceed $31,000 per year, with Committee noting that amount is less than that authorized for the prior three years. Report signed by Harrah, Hutchinson and Clark. COMMENTS REGARDING COMMITTEE REPORTS OR AGENDA ITEMS: None RESOLUTION NO. R-68-2010 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO A THREE-YEAR AGREEMENT WITH PUBLIC SAFETY MEDICAL SERVICES REGARDING ANNUAL FIREFIGHTER PERSONNEL PHYSICALS This Resolution was given first title reading. Mr. Kendall moved for suspension of rules requiring three readings. Motion seconded by Mr. Clark.. Yes: Stubbs, Hutchinson, Clark, Harrah, Phillips, Schweser and Kendall. No: None. Mr. Kendall moved for adoption. Motion seconded by Mr. Phillips. Yes: Hutchinson, Clark, Harrah, Phillips, Schweser, Kendall and Stubbs. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-69-2010 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 DYE MILL ROAD IMPROVEMENT PROJECT This Resolution was given first title reading. Mr. Harrah moved for suspension of rules requiring three readings. Motion seconded by Mr. Hutchinson. Yes: Clark, Harrah, Phillips, Schweser, Kendall, Stubbs and Hutchinson. No: None. Mr. Harrah moved for adoption. Motion seconded by Mr. Schweser. Yes: Harrah, Phillips, Schweser, Kendall, Stubbs, Hutchinson and Clark. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-70-2010 RESOLUTION AUTHORIZING THE CITY OF TROY, OHIO TO CONTRIBUTE TO THE TROY DEVELOPMENT COUNCIL FOR ECONOMIC DEVELOPMENT FOR THE CITY OF TROY This Resolution was given first title reading. Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Hutchinson. Yes: Phillips, Schweser, Kendall, Stubbs, Hutchinson, Clark and Harrah. No: None. Mr. Schweser moved for adoption. Motion seconded by Mr. Kendall. Yes: Schweser, Kendall, Stubbs, Hutchinson, Clark, Harrah and Phillips. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-71-2010 RESOLUTION APPROVING FUNDING TO TROY MAIN STREET, INC. This Resolution was given first title reading. December 6, 2010 Page Three Mr. Kendall moved for suspension of rules requiring three readings. Motion seconded by Mr. Harrah. Yes: Kendall, Stubbs, Hutchinson, Clark, Harrah, Phillips and Schweser. No: None. Mr. Harrah moved for adoption. Motion seconded by Mr. Kendall. Yes: Stubbs, Hutchinson, Clark, Harrah, Phillips, Schweser and Kendall. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-72-2010 RESOLUTION AUTHORIZING THE BOARD OF RECREATION OF THE CITY OF TROY, OHIO, TO ENTER INTO A CONTRACT WITH THE TROY RECREATION ASSOCIATION, INC. FOR RECREATION SERVICES This Resolution was given first title reading. Mr. Kendall moved for suspension of rules requiring three readings. Motion seconded by Mr. Phillips. Yes: Hutchinson, Clark, Harrah, Phillips, Schweser, Kendall and Stubbs. No: None. Mr. Kendall moved for adoption. Motion seconded by Mr. Harrah. Yes: Harrah, Phillips, Schweser, Kendall, Stubbs and Hutchinson. Abstain: Clark (to avoid appearance of a conflict of interest as he is a member of the Troy Recreation Assoc. Board). No: None. RESOLUTION ADOPTED RESOLUTION NO. R-73-2010 RESOLUTION ALLOCATING FUNDS FOR PUBLIC TELEVISION COMMUNICATIONS CENTER FOR THE YEAR 2011 This Resolution was given first title reading. Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Phillips. Yes: Harrah, Phillips, Schweser, Kendall, Stubbs, Hutchinson and Clark. No: None. Mr. Harrah moved for adoption. Motion seconded by Mr. Phillips. Yes: Phillips, Schweser, Kendall, Stubbs, Hutchinson, Clark and Harrah. 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 on November 15, 2010. Given fourth title reading. 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 on November 15, 2010. Given public hearing and second title reading. ORDINANCE NO. O-28-2010 ORDINANCE AMENDING ORDINANCE NO. O-30-2009, AS AMENDED BY ORDINANCE NUMBERS O-15-2010, O-17-2010, AND O-25-2010, 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. December 6, 2010 Page Four Mr. Kendall moved for suspension of rules requiring three readings. Motion seconded by Mr. Stubbs. Yes: Schweser, Kendall, Stubbs, Hutchinson, Clark, Harrah and Phillips. No: None. Mr. Schweser moved for adoption. Motion seconded by Mr. Harrah. Yes: Kendall, Stubbs, Hutchinson, Clark, Harrah, Phillips and Schweser. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-29-2010 ORDINANCE APPROPRIATING FUNDS NECESSARY FOR THE VARIOUS DEPARTMENTS AND OFFICES OF THE CITY OF TROY, OHIO, FOR THE YEAR 2011 AND DECLARING AN EMERGENCY This Ordinance was given first title reading. Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Kendall. Yes: Stubbs, Hutchinson, Clark, Harrah, Phillips, Schweser and Kendall. No: None. Mr. Kendall moved for adoption. Motion seconded by Mr. Phillips. Yes: Hutchinson, Clark, Harrah, Phillips, Schweser, Kendall and Stubbs. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-30-2010 ORDINANCE CHANGING THE ZONING DESIGNATION FOR VARIOUS PARCELS OF PROPERTY LOCATED IN THE CITY OF TROY, OHIO This Ordinance was given first title reading. COMMENTS OF THE MAYOR: Mayor Beamish noted the following: - The City Auditor and Auditor’s Office received from the Auditor of State the Making your Tax Dollars Count award for excellence in financial reporting. - The Troy Police Department is to be congratulated for again achieving the Law Enforcement Accreditation Award. - The Troy United Way exceeded their goal. COMMENTS OF THE DIRECTOR OF PUBLIC SERVICE AND SAFETY: Mr. Titterington commented that over the past several weeks there have been seven bid openings under the authorized amounts by a total of about $400,000. He also noted that City offices will be closed December 23 and 24, but refuse collection will be on schedule. COMMENTS OF PRESIDENT OF COUNCIL: Mrs. Baker noted that Committee meetings are scheduled for after the Council meeting and for December 7. COUNCIL COMMENTS: Mr. Clark applauded all the people who volunteer in the community. CITIZEN COMMENTS: -Lester Conard, 1210 S. Clay Street, commented that he read the City has a 14% increase in revenues due to increased fees that have put a strain on senior citizens. He has also read about some of the proposed expenditures, especially carts and a mower for the golf course, he understands that the golf course is subsidized, and suggested Council not waste money on what he considers stupid stuff. -Karen Mannovich, Executive Director of Troy Main Street, thanked Council for the financial and in-kind support of Troy Main Street. December 6, 2010 Page Five -JT Szabo, 1550 Wayne Street, stated he is the newly elected President of the Public Access TV Board of Directors, he introduced the other Board members and staff present, and commented that the Board hopes to make the public access channel even more visible in the community. -Mike Burkholder, 465 W. Staunton Road, referred to an article in the Council packets from the “Public Management” publication that he understood indicated businesses may give more weight to infrastructure improvements than tax reductions when looking at a new location. There being no further business, the meeting adjourned at 7:36 p.m. _________________/s/______________________ _______________/s/____________________ Clerk of Council President of Council |