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February 7, 2011 MINUTES OF COUNCIL A regular session of Troy City Council was held Monday, February 7, 2011, at 7:00 p.m. in Council Chambers. Members Present: Clark, Harrah, Kendall, Phillips, Schweser and Stubbs. Upon motion of Mr. Harrah, seconded by Mr. Schweser, Mr. Hutchinson 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, City Auditor INVOCATION: An invocation was given by Council Member Schweser. MINUTES: The Clerk gave a summary of the minutes of the January 18, 2011, 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 supports consent legislation for the Ohio Department of Transportation’s (ODOT) 2012 project of the microsurfacing of SR 202. As a portion of the project is in Troy, City consent is required. Committee also supports emergency legislation as requested by ODOT. Report signed by Kendall, Phillips and Harrah. Finance Committee: Mr. Kendall, 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 three-year contract for curbside recycling at a cost not to exceed $350,000 per year. Troy will bid this project concurrent with Piqua to determine if there are cost savings if both cities award separate contracts to the same company. 2) Committee recommends legislation be prepared authorizing the Enterprise Zone Compensation payment to the Troy Schools in an amount not to exceed $214,000. As this amount exceeds the budgeted amount, legislative action is required for the payment to be made. Reports signed by Schweser, Stubbs and Kendall. Recreation & Parks Committee: Mr. Stubbs, Chairman, reported that Committee recommends legislation be prepared authorizing the Recreation Board of the City of Troy to advertise for bids and enter into contracts for the operation of the concessions at the Paul G. Duke Softball Field and the Paul G. Duke Little League Football Field. Report signed by Clark and Stubbs. Utilities Committee: Mr. Schweser reported as follows: 1) Committee recommends legislation be prepared authorizing the Director of Public Service and Safety to enter into an agreement with Black & Veatch for consulting services at a cost not to exceed $35,000. Black & Veatch will evaluate Troy’s water system to provide information needed for Troy to submit to Ohio EPA for Drinking Water Assistance Funds that could be used should it be determined that Troy’s distribution system should be extended to the North. The OEPA deadline is March 15. Submitting does not commit Troy to any funds. Because of the March 15 deadline for submittals to OEPA, Committee supports emergency legislation. 2) Committee recommends legislation be prepared authorizing the Director of Public Service and Safety to advertise for bids and enter into a contract for the cleaning of the West Lime Sludge Lagoon at a cost not to exceed $135,000. February 7, 2011 Page Two 3) Committee recommends legislation be prepared authorizing the return of $37,500 in grant funds to the Miami Conservancy District. These funds are part of a $50,000 grant approved in 2008 that would have been used to acquire well field land in support of the City’s Wellhead Protection Plan. The City was not successful in obtaining the land, and does not currently have a project that fits the grant criteria. Reports signed by Harrah and Schweser. COMMENTS REGARDING COMMITTEE REPORTS OR AGENDA ITEMS: Mike Burkholder, 465 W. Staunton Road, asked if the agreement with Black & Veatch (R-9-2011) would be paid from the General Fund. Mr. Titterington advised that it would be paid from the Water Fund. RESOLUTION NO. R-4-2011 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO RETURN UNSPENT GRANT FUNDS TO THE MIAMI CONSERVANCY DISTRICT This Resolution was given first title reading. Mr. Harrah moved for suspension of rules requiring three readings. Motion seconded by Mr. Schweser. Yes: Clark, Schweser, Kendall, Harrah, Stubbs and Phillips. No: None. Mr. Clark moved for adoption. Motion seconded by Mr. Kendall. Yes: Schweser, Kendall, Harrah, Stubbs, Phillips and Clark. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-5-2011 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 CURBSIDE RECYCLING This Resolution was given first title reading. Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Schweser. Yes: Kendall, Harrah, Stubbs, Phillips, Clark and Schweser. No: None. Mr. Harrah moved for adoption. Motion seconded by Mr. Kendall. Yes: Harrah, Stubbs, Phillips, Clark, Schweser and Kendall. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-6-2011 RESOLUTION AUTHORIZING THE RECREATION BOARD OF THE CITY OF TROY, OHIO TO ADVERTISE FOR BIDS AND ENTER INTO CONTRACTS FOR THE OPERATON OF CONCESSIONS AT THE PAUL G. DUKE SOFTBALL FIELDS AND THE PAUL G. DUKE PARK LITTLE LEAGUE FOOTBALL FIELD This Resolution was given first title reading. Mr. Kendall moved for suspension of rules requiring three readings. Motion seconded by Mr. Stubbs. Yes: Stubbs, Phillips, Clark, Schweser, Kendall and Harrah. No: None. Mr. Clark moved for adoption. Motion seconded by Mr. Schweser. Yes: Phillips, Clark, Schweser, Kendall, Harrah and Stubbs. No: None. RESOLUTION ADOPTED February 7, 2011 Page Three RESOLUTION NO. R-7-2011 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 CLEANING OF THE WEST LIME SLUDGE LAGOON This Resolution was given first title reading. Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Kendall. Yes: Clark, Schweser, Kendall, Harrah, Stubbs and Phillips. No: None. Mr. Harrah moved for adoption. Motion seconded by Mr. Schweser. Yes: Schweser, Kendall, Harrah, Stubbs, Phillips and Clark. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-8-2011 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO MAKE PAYMENT TO THE TROY CITY SCHOOLS FOR ITS PORTION OF THE ENTERPRISE ZONE COMPENSATION AGREEMENT This Resolution was given first title reading. Mr. Kendall moved for suspension of rules requiring three readings. Motion seconded by Mr. Stubbs. Yes: Kendall, Harrah, Stubbs, Phillips, Clark and Schweser. No: None. Mr. Schweser moved for adoption. Motion seconded by Mr. Kendall. Yes: Harrah, Stubbs, Phillips, Clark, Schweser and Kendall. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-9-2011 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO AN AGREEMENT WITH BLACK & VEATCH 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. Clark. Yes: Stubbs, Phillips, Clark, Schweser, Kendall and Harrah. No: None. Mr. Kendall moved for adoption. Motion seconded by Mr. Schweser. Yes: Phillips, Clark, Schweser, Kendall, Harrah and Stubbs. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-10-2011 PRELIMINARY RESOLUTION CONSENTING TO THE MICROSURFACING PROJECT ON STATE ROUTE 202 WITHIN THE CITY OF TROY, OHIO BY THE OHIO DEPARTMENT OF TRANSPORTATION, 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. Stubbs. Yes: Clark, Schweser, Kendall, Harrah, Stubbs and Phillips. No: None. Mr. Harrah moved for adoption. Motion seconded by Mr. Schweser. Yes: Schweser, Kendall, Harrah, Stubbs, Phillips and Clark. No: None. RESOLUTION ADOPTED February 7, 2011 Page Four 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 on December 6, 2010. Given public hearing and second title reading on December 20, 2010. Given third title reading on January 3, 2011. Given fourth title reading and amended on January 18, 2011. Given fifth title reading. Mr. Schweser moved for adoption. Motion seconded by Mr. Phillips. Yes: Kendall, Harrah, Stubbs, Phillips, Clark and Schweser. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-2-2011 ORDINANCE CHANGING THE ZONING DESIGNATION FOR VARIOUS PARCELS OF PROPERTY LOCATED IN THE CITY OF TROY, OHIO This Ordinance was given first title reading on January 18, 2011. Given second title reading. COMMENTS OF THE MAYOR: Mayor Beamish commented that on February 3 he had participated in a meeting of Ohio cities that have sister cities in Japan. The meeting was held in Troy and hosted by Kuninori Matsuda, Consul General of Japan. COMMENTS OF THE DIRECTOR OF PUBLIC SERVICE AND SAFETY: Mr. Titterington commented that: - Next meeting will be Tuesday, Feb. 22 due to the Presidents Day Holiday. - With the snow and ice storm still being handled, an update on winter salt and overtime costs would be presented at the next meeting. - As asked at the prior meeting, he did meet with an individual interested in private fund raising for a bark park. COMMENTS OF MEMBERS OF COUNCIL: - Mr. Harrah thanked Mr. Titterington for meeting with the citizens regarding a bark park. He also noted that the members of the Mayor’s Youth Council are interested in public service projects. - Mr. Clark commended City crews for their efforts in staying up with a recent snow and ice storm. He also congratulated recently retired employees. AUDIENCE COMMENTS. Mike Burkholder, 465 W. Staunton Road, questioned the wording of the emergency legislation. Mr. Kerber advised that the wording is appropriate. There being no further business, the meeting adjourned at 7:34 p.m. ___________________/s/____________________ ________________/s/___________________ Clerk of Council President of Council |