MINUTES OF COUNCIL

A regular session of Troy City Council was held Monday, October 21, 2002, at 7:00 p.m. in Council Chambers.

Members Present: Baker, Beamish, Bretland, Cultice, Mercer, Saxton and Wise.

Presiding Officer: William F. Lohrer, President of Council

Others Present: David E. Anderson, Director of Public Service & Safety
R. Craig Helmer, Auditor

An invocation was given by Councilmember Saxton.

MINUTES: The Clerk gave a summary of the October 7, 2002 meeting of Council. There were no corrections or additions in this regard, and upon motion of Mrs. Baker, seconded by Mr. Bretland, these minutes were approved by unanimous roll call vote.

COMMITTEE REPORTS:

FINANCE: Mr. Beamish, Chairman, reported that Committee recommends legislation be prepared authorizing the City, through 10-31-03, to continue offsetting the half of the employee contribution increase for health insurance approved for calendar year 2002 and to also offset half of the employee contribution increase for the period 1-1-03/10-31-03, which would result in the employee paying $13.89 per pay for a single plan and $43.95 per pay for a family plan; that effective 11-1-03 employees will be responsible for the entire employee obligation for health insurance based on the 11-1-01 and 11-1-02 increase in health insurance plus any portion of the 11-1-03 increase for which the employee will be responsible; that for bargaining unit employees, the unit will have until 11-27-02 to sign a memoranda of understanding authorizing the City to deviate from the collective bargaining agreement to make this change and if any bargaining unit does not execute the memoranda of understanding the members of that unit will be responsible for the entire employee obligation for the health insurance effective 1-1-03, plus any 11-1-03 increase. (Copy of entire report attached to original minutes.)
Report signed by Cultice, Mercer and Beamish.

LAW & ORDINANCE. Mrs. Saxton, Chairman, reported as follows: 1) Committee recommends O-32-02, the zoning of the Yates property at Nashville and Swailes Roads, be approved. 2) Committee recommends legislation be prepared approving the final plat of Troy Towne Park Section One and the dedication of adjacent right-of-way.
Reports signed by Beamish, Mercer and Saxton.

PERSONNEL: Mr. Wise, Chairman, reported that Committee recommends legislation be prepared as an emergency measure amending the employment agreement with the Director of Public Service & Safety to permit the Director an additional 90 days to comply with residency.
Report signed by Baker, Beamish and Wise.
In response to a request of Mrs. Baker, the subject of salaries for elected positions was referred back to Committee for further review.

UTILITIES: Mr. Mercer, Chairman, reported that Committee recommends legislation be prepared authorizing an agreement with the firm of Malcolm Pirnie for such company to perform computer groundwater simulation at a cost not to exceed $72,000, with the legislation as an emergency measure so EPA can be assured that placing two new wells on line will not create a problem.
Report signed by Saxton, Wise and Mercer.

RESOLUTION NO. R-72-02
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO, TO ENTER INTO A CONTRACT WITH MALCOLM PIRNIE, INC. TO PERFORM GROUNDWATER SIMULATION WORK AND DECLARNING AN EMERGENCY

This Resolution was given first title reading.

Mr. Mercer moved for suspension of rules requiring three readings. Motion seconded by Mr. Wise.
Yes: Baker, Cultice, Mercer, Bretland, Beamish, Saxton and Wise.
No: None.


10-21-02 Page two

Mr. Wise moved for adoption. Motion seconded by Mrs. Saxton.
Yes: Cultice, Mercer, Bretland, Beamish, Saxton, Wise and Baker.
No: None. RESOLUTION ADOPTED

RESOLUTION NO. R-73-02
RESOLUTION AUTHORIZING THE PAYMENT OF A PORTION OF HEALTH INSURANCE PREMIUMS FOR CITY EMPLOYEES AND DECLARING AN EMERGENCY

This Resolution was given first title reading.

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

RESOLUTION NO. R-74-02
RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT FOR THE EMPLOYMENT OF THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO AND DECLARING AN EMERGENCY

This Resolution was given first title reading.

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

ORDINANCE NO. O-32-02
AN ORDINANCE CHANGING ZONING FOR A 19.4 ACRE PARCEL LOCATED IN THE CITY OF TROY, OHIO, FROM A-2, AGRICULTURAL DISTRICT, TO R-3, SINGLE FAMILY RESIDENCE DISTRICT

This Ordinance was given first title reading on 7-15-02.
Given public hearing and second title reading on 8-5-02.
Given third title reading on 8-19-02.
Given fourth title reading on 9-3-02.
Given fifth title reading on 9-16-02.
Given public hearing and sixth title reading on 10-7-02.
Given seventh title reading.

Mrs. Saxton moved for adoption. Motion seconded by Mr. Beamish.
Yes: Saxton, Wise, Baker, Cultice, Mercer and Beamish.
No: Bretland. ORDINANCE ADOPTED

ORDINANCE NO. O-40-02
ORDINANCE ACCEPTING THE FINAL PLAT OF TROY TOWNE PARK SECTION ONE IN THE CITY OF TROY, OHIO, AND DEDICATING CERTAIN RIGHT-OF-WAY
This Ordinance was given first title reading.

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


10-17-02 Page Three

ORDINANCE NO. O-41-02
ORDINANCE ESTABLISHING SALARIES FOR CERTAIN ELECTED OFFICIALS

This Ordinance was given first title reading.
Discussion. Mrs. Baker noted a typo within the Ordinance.


COMMENTS OF SERVICE & SAFETY DIRECTOR. Mr. Anderson commented: 1) Thanked Council for approval of R-74-02. 2) The new traffic pattern was implemented for the Square five days ago and there has not been an accident on the Square in that time period. Mr. Anderson thanked all the staff members who worked so hard to get the new traffic pattern in place and make it work. 3) The agreement with the Troy Football Parents Assoc. for the financial contribution of that group to the Stadium Project is complete in principle and the authorization to start the project has been given to the general contractor.

COUNCIL COMMENTS:
-Mr. Mercer asked if the tree policy is final, and it was stated that at least part of it will need to be approved by legislation, so it should be considered a draft at this time.
-Regarding O-32-02, Mrs. Saxton stated that the issue before Council was one of zoning and consistency in zoning was looked at in recommending approval of the zoning change. She also commented that it will be up to staff to work with the developer as this property is platted for development.
-Mr. Beamish commented that how Council proceeded on O-32-02 showed the time that is given to issues.
-Mrs. Saxton complimented the administration on the first City Newsletter.
-Mrs. Saxton asked if the current painting of the sound barrier walls along I-75 is the final coat, and staff will check this.

AUDIENCE COMMENTS:
-Lloyd Rowe, 385 W. Ross, commented that the new configuration of the traffic on the square is what he recommended several years ago, and he was pleased to see the change.
-Roy Baker, owner of BK Photo at 15 S. Market Street, and member of the Downtown Business Assoc. (DTBA), thanked the City for implementing the changes of the Square traffic pattern.


TROY MAIN STREET PRESENTATION:
Carrie Walters, Troy Main Street Director, provided Council with an update regarding Main Street's work plan and program status. Members of Council complimented Mrs. Walters for her efforts to keep downtown Troy vital.


There being no further business, the meeting adjourned at 7:59 p.m.




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President of Council                               Clerk of Council