(return to 2000 Minutes)

January 3, 2000

MINUTES OF COUNCIL

A regular session of Troy City Council was held Monday, January 3, 2000, at 7:30 p.m. in Council Chambers.

Members Present:     Baker, Beamish, Bretland, Douglas, Howe, Mercer and Saxton.

Presiding Officer:      William F. Lohrer, President of Council

Others Present:         Peter E. Jenkins, Mayor 
                                   N. Lawrence Wolke, Director of Public Service & Safety
                                   W. McGregor Dixon, Jr., Director of Law
                                   R. Craig Helmer, Auditor

Invocation: Provided by Rev. Ron Payne of the First United Methodist Church, Troy, Ohio.

Rules of Council: Mr. Lohrer opened the meeting with a discussion regarding the Council rules. A motion was made by Mr. Beamish, seconded by Mr. Douglas, to adopt Rules of Council.
Discussion: Mr. Bretland suggested Rule 24 be amended to read: "These rules be amended, altered, or new rules adopted at any time upon motion and majority vote of the members of Council. If questions of law may occur, of if the majority of council members desire, proposed changes may be referred to the City Law Director for review and recommendation prior to adoption." Mr. Bretland commented the change (taking out approval by the Law Director) would make things easier, would avoid giving some rights away Council should retain. He recognizes that any point of law must be approved by the Law Director, and he is bothered that Council cannot change a rule without going to the Law Director. To the query of Mr. Dixon to Mr. Bretland if the issue was one of timeliness, Mr. Bretland responded "maybe". Mr. Douglas commented he does not feel Council has been hobbled by the rule, and that no legislative matter can be adopted by the Law Director; and he sees no reason for change. Mr. Mercer asked for Mr. Dixon's comments. Mr. Dixon stated "approval" may be too strong a word, and suggested that the approval of the Law Director is through a review process, but it is recognized that the rules are those of Council. Mr. Douglas commented that the Law Director needs to be part of the process so Council does not put itself in a precarious position. It was the consensus of Council that the word "approval" be substituted to "recommendation". Mr. Douglas called the question. A motion was made by Mr. Douglas, seconded by Mrs. Saxton, that the Rules of Council be adopted with the word "approval" in Rule 24 changed to "recommendation". Yes: Beamish, Douglas, Howe, Mercer, Saxton, Baker. No: Bretland. 
Rules adopted as amended.

During this discussion, the issue of allowing citizen comment prior to Council voting was also discussed. Mr. Dixon noted that most substantive issues are not voted on without a prior hearing and that Committee meetings provide the opportunity for citizens to have a more meaningful dialogue with Council.

ORDINANCE NO. O-1-2000
ORDINANCE EMPLOYING CLERK OF COUNCIL AND FIXING COMPENSATION

This Ordinance was given first title reading.

Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Mercer.
Yes: Bretland, Douglas, Howe, Mercer, Saxton, Baker and Beamish.
No: None. 
Mr. Beamish moved for adoption. Motion seconded by Mr. Howe.
Yes: Douglas, Howe, Mercer, Saxton, Baker, Beamish and Bretland.
No: None. ORDINANCE ADOPTED

The Director of Law administered the Oath of Office to Clerk of Council Sue Knight.

ELECTION OF PRESIDENT OF COUNCIL PRO TEM. Mr. Douglas nominated Mr. Beamish for the position of President of Council Pro Tem. Motion seconded by Mrs. Saxton. There were no other nominations. By unanimous roll call vote, Mr. Beamish was elected President of Council Pro Tem.

ELECTION OF CLERK OF COUNCIL PRO TEM. Mrs. Saxton nominated Mr. Mercer for the position of Clerk of Council Pro Tem. Motion seconded by Mr. Beamish. There were no other nominations. By unanimous roll call vote, Mr. Mercer was elected Clerk of Council Pro Tem.

1-3-2000 page two


COMMITTEES. Mr. Lohrer announced the following Committees for 2000-2001:

The Clerk gave a summary of the Dec. 20 minutes of Council. There were no additions or corrections to these minutes. Upon motion of Mrs. Saxton, seconded by Mrs. Baker, these minutes were approved by unanimous roll call vote. 

COMMITTEE REPORTS:
Personnel: A motion was made by Mrs. Saxton (Chairman), seconded by Mrs. Baker, that Council approve the Mayor's request for approval of the appointment of Jack Baird to the Economic Development Revolving Loan Fund Committee for a term beginning immediately and ending 12-31-2003. Motion passed by unanimous roll call vote.

RESOLUTIONS NONE
ORDINANCES NONE ADDITIONAL

COMMENTS OF MAYOR. Mayor Jenkins thanked Stan Kegley and the other members of the Troy 2000 Committee for the New Year's eve celebration. The Mayor announced appointments of Robert Counts and Clinton Dorsey to the Troy Civil Service Commission to fill vacancies, and provided his 1999 annual report. (copy on orig. minutes)

COMMENTS OF SERVICE & SAFETY DIRECTOR. Mr. Wolke noted that the City did not experience any glitches due to Y2K.

COMMENTS OF PRESIDENT OF COUNCIL: To review the proposals received from legal firms for the implementation of the initiative Ordinance (ownership of Stouder Memorial Hospital) and make a recommendation, Mr. Lohrer assigned this to Council as a committee of the whole to be chaired by Mr. Douglas, Chairman of the Law & Ordinance Committee.

COMMENTS OF DIRECTOR OF LAW: Mr. Dixon distributed his annual report for 1999 (copy on orig. minutes).

COMMENTS OF COUNCIL: 
-Members of Council complimented the Troy 2000 celebration.

STAFF COMMENTS:
Mr. Rice, Personnel Director, provided an update of activities of the Personnel Office.

AUDIENCE COMMENTS:
Andrew Luring, THS student, asked Mr. Dixon what he would be looking in reviewing Rules of Council, and Mr. Dixon stated that would be on legality, but he may comment on practicality.

Patty Nicholson, McGovern Drive, again complained about the neighbor, Mr. Rue, at 1240 McGovern Drive, operating a business from a residence, that she was verbally harassed by a police officer that was protecting Mr. Rue, and that nothing has been done about her complaints on this property. Mr. Davis stated the Zoning Dept. has been working on investigating the complaint and taking action in accordance with ordinance and received a letter from Mr. Rue's attorney on 1-3-2000 with the opinion that Mr. Rue was not violating ordinances.

There being no further business Council adjourned at 8:40 p.m.




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President of Council                                         Clerk of Council