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July 19, 2010 MINUTES OF COUNCIL A regular session of Troy City Council was held Monday, July 19, 2010, at 7:00 p.m. in Council Chambers. Members Present: Clark, Hutchinson, Kendall, Phillips, Schweser and Stubbs. Upon motion of Mr. Schweser, seconded by Mr. Kendall, 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 Titterington, Director of Public Service & Safety Richard L. Cultice, Auditor Grant D. Kerber, Director of Law INVOCATION: An invocation was given by Council Member Stubbs. INTRODUCTION: Mayor Beamish introduced Stephen Larck, Chairman of the Independence Day Parade Committee, and thanked Mr. Larck and the members of the committee for providing and organizing an excellent July 4 parade. Mr. Larck introduced Betty Tasker, who provides the vocals during the parade, and thanked the City for approving the parade, commenting that it was well attended on a very hot Sunday afternoon. MINUTES: The Clerk gave a summary of the minutes of the July 6, 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: Finance Committee: Mr. Kendall, Chairman, reported as follows: 1) Committee recommends that legislation be prepared authorizing the Director of Public Service and Safety to enter into a contract with Lochard, Inc. of Sidney, Ohio, in an amount not to exceed $59,000 for HVAC upgrades to the marina building. This would increase the authorization in that bids received were over the authorization established by R-33-2010. Committee further recommended that the legislation be presented as an emergency measure so that the contract can be issued without delay and the project commence prior to a change in the seasons. 2) Committee recommends that Council approve a Resolution supporting the Miami County Health District Levy, and that the legislation be considered as an emergency measure to meet the deadlines and meetings that have been set regarding the ballot language. If approved, this would allow the voters to determine if Troy’s funding of the Health District would be through an assessment at the millage rate of .4 outside millage, which is the procedure used by 22 of the 24 Miami County political subdivisions. Committee noted this would be a new assessment for City property owners, estimated at $12.25 per year on a property valued at $100,000. It was further commented that City staff is evaluating all fees for opportunities to reduce, freeze, or eliminate non-general fund charges. In that a new assessment would be collected in 2011 to be paid to the District in 2012, the City would still have to consider Health District funding as part of the 2011 General Fund budget. Reports signed by Schweser, Stubbs and Kendall. Discussion. In response to Mr. Phillips, Mr. Titterington commented that the emergency provision is to meet the deadlines of the County regarding considering ballot language. COMMENTS REGARDING COMMITTEE REPORTS OR AGENDA ITEMS: -Denny Wannemacher, 1335 Greenfield Drive, stated he opposes the health levy being paid through a property tax assessment. He stated the citizens are paying this now with tax dollars and this would transfer the payment to an assessment. He further commented that he feels this is being done to free up money due to raises for City employees and to pay for a Cadillac health insurance plan, and that other cities are not paying the Health District in this manner. RESOLUTION NO. R-41-2010 RESOLUTION SUPPORTING THE MIAMI COUNTY HEALTH DISTRICT LEVY AND DECLARING AN EMERGENCY This Resolution was given first title reading. July 19, 2010 Page Two Mr. Kendall moved for suspension of rules requiring three readings. Motion seconded by Mr. Clark. Yes: Stubbs, Kendall, Schweser, Clark, Phillip and Hutchinson. No: None. Mr. Clark moved for adoption. Motion seconded by Mr. Schweser. Yes: Kendall, Schweser, Clark, Phillips and Stubbs. No: Hutchinson. RESOLUTION ADOPTED RESOLUTION NO. R-42-2010 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO A CONTRACT WITH LOCHARD, INC. OF SIDNEY, OHIO, FOR THE HVAC PROJECT FOR THE MARINA BUILDING AND DECLARING AN EMERGENCY This Resolution was given first title reading. Mr. Schweser moved for suspension of rules requiring three readings. Motion seconded by Mr. Stubbs. Yes: Schweser, Clark, Phillips, Hutchinson, Stubbs and Kendall. No: None. Mr. Kendall moved for adoption. Motion seconded by Mr. Clark. Yes: Clark, Phillips, Hutchinson, Stubbs, Kendall and Schweser. No: None. RESOLUTION ADOPTED ORDINANCE NO. 0-16-2010 ORDINANCE AMENDING SECTION 141.05 OF THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO, RELATING TO HEALTH INSURANCE BENEFIT This Ordinance was given first title reading. Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Hutchinson. Yes: Phillips, Hutchinson, Stubbs, Kendall, Schweser and Clark. No: None. Mr. Hutchinson moved for adoption. Motion seconded by Mr. Phillips. Yes: Hutchinson, Stubbs, Kendall, Schweser, Clark and Phillips. No: None. ORDINANCE ADOPTED COMMENTS OF THE MAYOR: Mayor Beamish commented that the past weekend was on opportunity to showcase Troy and the many volunteers with the Troy Classic on the Square bike race. AUDIENCE COMMENTS: - Denny Wannemacher, 1335 Greenfield Drive, commented that when the Tomb land was annexed last year, the City indicated there would be annual revenue of $150,000, and asked how much of that amount has been received. Mr. Cultice advised he did not recall that statement, he thought the timing indicated by Mr. Wannemacher was not correct, and revenues would come when the land was developed. Mr. Titterington clarified that the issue was the rezoning of land that had been annexed for a number of years, that all revenue projections were stated clearly to not be this year or in the short term, but were based on 10-year calculation after the land began to be developed. He noted that development has not yet started. - Ronald Barker, 250 Union Street, presented a petition to Council to have the persons living at 252 Union Street evicted from the property as those persons threaten and scare the neighbors, assault the neighbors, and the police are frequently called to 250 Union Street. Mr. Barker indicated that officers and the Court suggested he petition Council. Mr. Kerber said he would look into the situation and advise as to resources the City could offer, but that Council cannot evict a family. July 19, 2010 Page Three EXECUTIVE SESSION. A motion was made by Mr. Kendall, seconded by Mr. Phillips, to recess into executive session to consider the purchase of property for public purposes and to review pending or imminent litigation MOTION PASSED, UNANIMOUS ROLL CALL VOTE At 7:29 pm Council recessed into Executive Session. A motion was made by Mr. Kendall, seconded by Mr. Clark, to return to regular session. MOTION PASSED, UNANIMOUS ROLL CALL VOTE At 7:50 pm Council returned to regular session. There being no further business, the meeting adjourned at 7:51 p.m. _______________/s/________________________ _______________/s/___________________ Clerk of Council President of Council |