| November 4, 2002 MINUTES OF COUNCIL A regular session of Troy City Council was held Monday, November 4, 2002, at 7:00 p.m. in Council Chambers. Members Present: Cultice, Baker, Saxton, Beamish, Wise, Mercer, and Bretland. Presiding Officer: William F. Lohrer, President of Council Others Present: Peter E. Jenkins, Mayor David E. Anderson, Director of Public Service & Safety W. McGregor Dixon, Jr., Director of Law R. Craig Helmer, Auditor An invocation was given by Council President Lohrer. MINUTES: The Clerk gave a summary of the October 21, 2002 meeting of Council. There were no corrections or additions in this regard, and upon motion of Mrs. Saxton, seconded by Mr. Beamish, these minutes were approved by unanimous roll call vote. COMMITTEE REPORTS: BUILDINGS, STREETS & SIDEWALKS COMMITTEE: Mrs. Baker, Chairman, reported as follows: 1) Committee recommends legislation be prepared authorizing bidding to replace the traffic signal system at Dorset and Main at a cost not to exceed $150,000. 2) Committee recommends legislation be prepared amending CO Section 1119.09 to add apple, birch, European mountain ash, evergreens, and ginkgo (female) to the list of trees prohibited from being planted in the curb lawn. Reports signed by Bretland, Cultice and Baker. FINANCE: Mr. Beamish, Chairman, reported as follows: 1) Committee recommends legislation be prepared confirming the return distribution of the investment fund for Capital Improvement of 75% to the General Fund and 25% retained in the Fund, and stating that the term "interest and return" shall be used to identify the fund proceeds so distributed. Committee also recommended that the legislation reflect that any change in this policy cannot be by emergency legislation and must be contained in legislation read in full on three separate days. 2) Committee recommends legislation be prepared authorizing the hiring the firm of Coolige, Hall, Womsley and Lombard through 2004 as outside legal counsel for personnel issues when the Director of Law has a conflict of interest. 3) Committee recommends legislation be prepared authorizing an agreement with Sanderson CMI for an upgrade of the software for the computer system of the Auditor's Office regarding payroll and budgeting at a cost not to exceed $42,000, with the legislation to be presented as an emergency measure. Reports signed by Cultice, Mercer and Beamish. LAW & ORDINANCE. Mrs. Saxton, Chairman, reported as follows: 1) Committee recommends legislation be prepared declaring as surplus City property IL 9392, which is located along Adams Street as Staunton Road and consists of 0.3695 acre, and authorizing the Director of Public Service & Safety to advertise such property for sale. 2) Committee recommends legislation be prepared providing for the replat of the property at the SW corner of West Market Street and South Market Street and the dedication as public right-of-way of four adjacent parcels. Reports signed by Beamish, Mercer and Saxton. PERSONNEL: MAJORITY REPORT - Mr. Wise, Chairman, reported that Committee members Beamish and Wise recommend legislation be prepared establishing the following annual salaries for elected positions for the dates noted with each position receiving a 3% increase each year for the three years following the initial year for which the salary is noted: Mayor $17,500 effective 1-1-04 Auditor $45,000 " Director of Law $45,000 " Council President $ 7,500 " Council Members $ 7,000 " Treasurer $ 4,500 effective 1-1-06 Committee further recommended that the positions of Mayor, President of Council, Director of Law, and Auditor continue to be offered the health, life and dental insurance provisions for single or family plans, with such official paying the same employee contribution paid by non-bargaining unit employees for such coverages. Report signed by Beamish and Wise. 11-4-02 Page Two PERSONNEL: MINORITY REPORT - Mrs. Baker, Committee member, reported that she felt the following salaries for elected positions would be in line with cities of similar size or within the near geographic region, would be equitable, yet conservative increases, displaying fiscal responsibility during difficult economic times for many taxpayers: Mayor $17,500 effective 1-1-04 Auditor $45,000 " Director of Law $45,000 " Council President $ 6,325 " Council Members $ 5,500 " Treasurer $ 4,500 effective 1-1-06 The Minority Report recommended the benefits for the positions as listed in the Majority Report. Report signed by Baker. RECREATION & PARKS: Mr. Bretland, Chairman, reported as follows: 1) Committee recommends that legislation be prepared adjusting golf fees for 2003 in accordance with the recommendation of the Board of Park Commissioners: Unlimited play memberships (other than Junior) be increased by $50 per person. Pass plus greens fee memberships be increased by $1 per round. Cart fees be increased Committee noted that the recommended fees will not provide for flexibility to establish promotional or seasonal fees, and further adjustments may be recommended at a later time. 2) Committee recommends legislation be prepared authorizing an agreement with the Football Parents Association regarding the construction of a "alumni victory room" as an addition to the Stadium Renovation Project, with such Association donating $157,000 towards the cost of this additional space. 3) Committee recommends legislation be prepared amending the Ordinances to rename the Board of Directors of the Miami Shores Golf Club the Golf Advisory Committee of the Miami Shores Golf Club; to no longer require the advisory committee members to be "members" of Miami Shores; and to clarify the duties of the Golf Advisory Committee. Reports signed by Saxton, Wise and Bretland. UTILITIES: Mr. Mercer, Chairman, reported as follows: 1) Committee recommends legislation be prepared authorizing replacement of the damaged sanitary sewer on Archer Drive in the area of Goodrich, Gokoh and the Waco Warehouse at a cost not to exceed $50,000. 2) Committee recommends water and sewer rates be adjusted for bills payable on and after 1-7-03, with the adjustment being 3% in water rates and 6% in sewer rates, that minimum charges for both (not adjusted since 1999) be adjusted 4.8%, and that bulk water sales be similarly adjusted. Mr. Mercer commented that small annual increases are preferable to large increases at one time. Reports signed by Saxton, Wise and Mercer. RESOLUTION NO. R-75-02 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO, TO EMPLOY COUNSEL FOR PERSONNEL ISSUES This Resolution was given first title reading. Mr. Beamish moved for suspension of rules requiring three readings. Motion seconded by Mrs. Saxton. Yes: Saxton, Beamish, Wise, Mercer, Bretland, Cultice and Baker. No: None. Mr. Beamish moved for adoption. Motion seconded by Mr. Mercer. Yes: Beamish, Wise, Mercer, Bretland, Cultice, Baker and Saxton. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-76-02 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO AN AGREEMENT WITH SANDERSON CMI TO UPGRADE THE AUDITOR'S OFFICE COMPUTER SYSTEM AND DECLARING AN EMERGENCY This Resolution was given first title reading. 11-4-02 Page Three Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Cultice. Yes: Wise, Mercer, Bretland, Cultice, Baker, Saxton and Beamish. No: None. Mr. Beamish moved for adoption. Motion seconded by Mr. Cultice. Yes: Mercer, Bretland, Cultice, Baker, Saxton, Beamish and Wise. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-77-02 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 REPLACEMENT OF THE TRAFFIC SIGNAL SYSTEM AT DORSET ROAD AND DECLARING AN EMERGENCY This Resolution was given first title reading. Mrs. Baker moved for suspension of rules requiring three readings. Motion seconded by Mr. Bretland. Yes: Bretland, Cultice, Baker, Saxton, Beamish, Wise and Mercer. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mr. Beamish Yes: Cultice, Baker, Saxton, Beamish, Wise, Mercer and Bretland. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-78-02 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 REPLACEMENT OF THE SANITARY SEWER ON ARCHER DRIVE This Resolution was given first title reading. Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Wise. Yes: Baker, Saxton, Beamish, Wise, Mercer, Bretland and Cultice. No: None. Mr. Wise moved for adoption. Motion seconded by Mrs. Baker. Yes: Saxton, Beamish, Wise, Mercer, Bretland, Cultice and Baker. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-79-02 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO A CONTRACT WITH THE TROY FOOTBALL PARENTS ASSOCIATION REGARDING THE STADIUM RENOVATION PROJECT AND DECLARING AN EMERGENCY This Resolution was given first title reading. Mr. Bretland moved for suspension of rules requiring three readings. Motion seconded by Mr. Mercer. Yes: Beamish, Wise, Mercer, Bretland, Cultice, Baker and Saxton. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mr., Wise. Yes: Wise, Mercer, Bretland, Cultice, Baker, Saxton and Beamish. No: None. RESOLUTION ADOPTED ORDINANCE NO. O-41-02 ORDINANCE ESTABLISHING SALARIES FOR CERTAIN ELECTED OFFICIALS This Ordinance was given first title reading 10-21-02. Given second title reading. Mrs. Baker stated she would like to see the Ordinance have a third reading. Mr. Beamish moved for suspension of rules requiring three readings. Motion seconded by Mr. Mercer. Yes: Mercer, Cultice, Saxton, Beamish and Wise. No: Baker and Bretland. ORDINANCE FAILED SUSPENSION 11-4-02 Page Four ORDINANCE NO. O-42-02 ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ADVERTISE FOR BIDS AND SELL CERTAIN REAL ESTATE ON ADAMS STREET This Ordinance was given first title reading. Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Beamish. Yes: Bretland, Cultice, Baker, Saxton, Beamish, Wise and Mercer. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mr. Beamish. Yes: Cultice, Baker, Saxton, Beamish, Wise, Mercer and Bretland. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-43-02 ORDINANCE RECONFIRMING THE POLICY OF THE CITY OF TROY, OHIO REGARDING THE INVESTMENT FUND FOR CAPITAL IMPROVEMENT This Ordinance was given first reading in entirety. ORDINANCE NO. O-44-02 ORDINANCE ACCEPTING A REPLAT OF WEST MARKET STREET/PETERS AVENUE AND SOUTH MARKET STREET AND DEDICATION RIGHT-OF-WAY This Ordinance was given first title reading. Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Cultice. Yes: Baker, Saxton, Beamish, Wise, Mercer, Bretland and Cultice. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mrs. Baker. Yes: Saxton, Beamish, Wise, Mercer, Bretland, Cultice and Baker. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-45-02 AN ORDINANCE AMENDING SECTION 1119.09 OF THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO REGARDING TREES IN THE CURB LAWN This Ordinance was given first title reading. Mrs. Baker moved for suspension of rules requiring three readings. Motion seconded by Mr. Bretland. Yes: Beamish, Wise, Mercer, Bretland, Cultice, Baker and Saxton. No: None. Mrs. Baker moved for adoption. Motion seconded by Mr. Wise. Yes: Wise, Mercer, Bretland, Cultice, Baker, Saxton and Beamish. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-46-02 AN ORDINANCE AMENDING SECTION 933.21 OF THE CODIFIED ORDINANCE OF THE CITY OF TROY, OHIO REGARDING GOLF COURSE FEES This Ordinance was given first title reading. Mr. Wise moved for suspension of rules requiring three readings. Motion seconded by Mr. Beamish. Yes: Mercer, Bretland, Cultice, Baker, Saxton, Beamish and Wise. No: None. Mr. Beamish moved for adoption. Motion seconded by Mr. Bretland. Yes: Bretland, Cultice, Baker, Saxton, Beamish, Wise and Mercer. No: None. ORDINANCE ADOPTED 11-4-02 Page Five ORDINANCE NO. O-47-02 AN ORDINANCE AMENDING SECTIONS 913.10(a), 913.08 AND 915.10(c), OF THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO RELATING TO WATER AND SEWER RATES This Ordinance was given first title reading. ORDINANCE NO. O-48-02 AN ORDINANCE AMENDING SECTIONS 931.05 AND 933.05 OF THE CODIFIED ORDINANCE OF THE CITY OF TROY, OHIO, REGARDING THE GOLF ADVISORY COMMITTEE OF THE MIAMI SHORES GOLF CLUB This Ordinance was given first title reading. Mr. Mercer moved for suspension of rules requiring three readings. Motion seconded by Mr. Wise. Yes: Cultice, Baker, Saxton, Beamish, Wise, Mercer and Bretland. No: None. Mr. Wise moved for adoption. Motion seconded by Mrs. Saxton. Yes: Baker, Saxton, Beamish, Wise, Mercer, Bretland and Cultice. No: None. ORDINANCE ADOPTED COMMENTS OF THE MAYOR: Mayor Jenkins commented as follows: 1) Encouraged all eligible persons to vote on 11-5. 2) Noted that Police Officer Ryan Carsey will be back on duty this date following a year of active duty with the military following the 9-11-01 terrorist acts. 3) Plans have been made for the Veterans' Day ceremony and the lighting of the holiday tree and he hopes for a large attendance at both events. 4) Congratulations are due to Bart Denlinger and the Troy Football Parents for the donation to construct the alumni victory room as part of the Stadium Renovation Project. COMMENTS OF SERVICE & SAFETY DIRECTOR. Mr. Anderson complimented employees Scott Walter and Bill Sheafer for conducting the defensive driving training for Troy employees and employees of some other cities that are also members of the municipal insurance pool. COUNCIL COMMENTS: -Mrs. Baker asked if a Target Store will be locating in Troy, and Mr. Anderson commented that has been a rumor but no plans have been filed to date. -Mrs. Baker asked about the planned mailing of the letters notifying the residents in the Sherwood and Westbrook sections who must repair sidewalks, and it was stated letters will start going to the post office on 11-7 (the effective date of the legislation) and the mailing will be done over several days to the quantity of certified letters to be delivered. -Mrs. Saxton stated she felt the temporary 3-way stop sign at Peters Road and Archer Drive was a good idea. She also complimented the Water Department for fast action in helping to identify the cause of a high water bill. -Ted Mercer asked to have the history of the Investment Fund for Capital Improvement explained for the benefit of the audience. It was stated the fund was established in 1969 from the $12.5 Million sale of the municipal light plant and, through good investment, the fund has grown to just over $30 Million. AUDIENCE COMMENTS: -Joe Lewis, 2523 Glasgow, who recently moved back to Troy from California asked Council to consider amending the new Ordinance regarding large vehicle parking to provide for a one-time 72 hour permit to park a large item like an RV, with a one-time 72 hour extension to the permit allowed for good reason. Mr. Lewis stated he had found that the permit system was not cumbersome and felt it would assist in the load and un-loading process. -Bart Denlinger, 1594 Lakeshore, representing the Troy Football Parents Association, stated he felt a number of organizations will benefit from being able to use the alumni victory room (R-79-02) and he was glad that all the details were worked out to provide for this space. He also complimented the contractor on the West Market Street Improvement project for maintaining local traffic during the construction. There being no further business, the meeting adjourned at 8:20 p.m. ______________/s/__________________ ________________/s/____________________ President of Council Clerk of Council |