| December 1, 2003 MINUTES OF COUNCIL A regular session of Troy City Council was held Monday, December 1, 2003, 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: Peter E. Jenkins, Mayor David E. Anderson, Director of Public Serviced & Safety R. Craig Helmer, Auditor W. McGregor Dixon, Jr., Director of Law The invocation was given by Council President Lohrer. MINUTES: The Clerk gave a summary of the November 17, 2003 meeting of Council. There were no corrections or additions, and upon motion of Mrs. Saxton, seconded by Mr. Wise, these minutes were approved by unanimous roll call vote. EXECUTIVE SESSION. A motion was made by Mr. Beamish that Council recess into executive session to review negotiations with our public employees concerning their compensation and terms and conditions of employment. Motion seconded by Mrs. Saxton and approved by unanimous roll call vote. At 7:05 Council recessed into Executive Session. At 7:16 Council returned from executive session. A motion was made by Mr. Beamish, seconded by Mrs. Saxton, to amend Council’s agenda to add Resolution Numbers R-78-03, R-79-03 and R-80-03. Motion passed by unanimous roll call vote. COMMITTEE REPORTS: LAW & ORDINANCE COMMITTEE: Mrs. Saxton, Chairman, reported that Committee recommends Ordinance Numbers O-54-03 and O-55-03, which are rezonings, be approved as the proposed rezonings are consistent with the neighboring properties and would be the highest and best used for the covered properties. Report signed by Beamish, Mercer and Saxton. UTILITIES COMMITTEE: Mr. Mercer, Chairman, reported as follows: 1) Committee recommends water and sewer rates be adjusted for bills due on and after March 1, 2004 with the adjustments to include a 3.5% increase in both commodities and in bulk water sales rates, no increase for a minimum user, for an average user the increase would be 2.6% a month or $1.43, tap-in fees would not be adjusted, and there would be provision to establish a special sewer rate for a major industrial user only when that user’s waste is significantly lower in strength as compared to normal sewage. 2) Committee recommends legislation be prepared authorizing bidding for wastewater system emergency generators and electric upgrades at a cost not to exceed $2 Million. Reports signed by Saxton, Wise and Mercer. PUBLIC COMMENTS. A Mr. Conard, of S. Clay Street, commented regarding the water and sewer rate adjustments, and said he felt the big business companies should pay their share of the fees and that the fixed income person should not be the only one impacted. Mr. Anderson advised that the major companies do pay their fair share, the charges for a minimum user will not be increased, and only a company that pre-treats sewage to a specific standard, which is actually doing the work for the City, will be given any sort of a beak. RESOLUTION NO. R-75-03 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO AN AMENDMENT WITH ARCHITECTURAL RESOURCES CORPORATION OF DAYTON, OHIO FOR THE DESIGN OF NEW FIRE STATION 2 This Resolution was given first title reading on 11-17-03. Given second title reading. Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Cultice. Yes: Wise, Cultice, Bretland, Saxton, Mercer, Beamish and Baker. No: None. 12-1-03 Page Two Mrs. Saxton moved for adoption. Motion seconded by Mrs. Baker. Yes: Cultice, Bretland, Saxton, Mercer, Beamish, Baker and Wise. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-76-03 AN AMENDED RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO AN AGREEMENT WITH THE MUNICIPALITY OF WEST MILTON AND MIAMI COUNTY CONCERNING WATER SUPPLY AND DECLARING AN EMERGENCY This Resolution was given first title reading on 11-17-03. Given second title reading. Mr. Mercer moved for suspension of rules requiring three readings. Motion seconded by Mr. Wise. Yes: Bretland, Saxton, Mercer, Beamish, Baker, Wise and Cultice. No: None. Mr.Beamish moved for adoption. Motion seconded by Mr. Mercer. Yes: Saxton, Mercer, Beamish, Baker, Wise, Cultice and Bretland. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-77-03 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ADVERTISE FOR BIDS AND ENTER INTO A CONTRACT(S) FOR GENERATORS FOR THE WASTEWATER TREATMENT PLANT AND THE WASTEWATER SYSTEM This Resolution was given first title reading. RESOLUTION NO. R-78-03 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO AN AGREEMENT WITH THE FRATERNAL ORDER OF POLICE, OHIO LABOR COUNCIL, INC. (POLICE OFFICERS BELOW RANK OF SERGEANT) AND DECLARING AN EMERGENCY This Resolution was given first title reading. Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Cultice. Yes: Mercer, Beamish, Baker, Wise, Cultice, Bretland and Saxton. No: None. Mr. Beamish moved for adoption. Motion seconded by Mr. Cultice. Yes: Beamish, Baker, Wise, Cultice, Bretland, Saxton and Mercer. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-79-03 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO AN AGREEMENT WITH F.O.P., OHIO LABOR COUNCIL, INC. – CAPTAINS AND DECLARING AN EMERGENCY This Resolution was given first title reading. Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Cultice. Yes: Baker, Wise, Cultice, Bretland, Saxton, Mercer and Beamish. No: None. Mr. Beamish moved for adoption. Motion seconded by Mrs. Baker. Yes: Wise, Cultice, Bretland, Saxton, Mercer, Beamish and Baker. No: None. RESOLUTION ADOPTED 12-1-03 Page Three RESOLUTION NO. R-80-03 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO AN AGREEMENT WITH LOCAL 1638 OF THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS AND DECLARING AN EMERGENCY This Resolution was given first title reading. Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Cultice. Yes: Cultice, Bretland, Saxton, Mercer, Beamish, Baker and Wise. No: None. Mr. Beamish moved for adoption. Motion seconded by Mrs. Baker. Yes: Bretland, Saxton, Mercer, Beamish, Baker, Wise and Cultice. No: None. RESOLUTION ADOPTED ORDINANCE NO. O-54-03 AN ORDINANCE CHANGING ZONING FOR PART OF INLOT 7189 IN THE CITY OF TROY, OHIO FROM R-5, SINGLE FAMILY RESIDENCE DISTRICT, R-6, TWO-FAMILY RESIDENCE DISTRICT AND R-7, MULTIPLE-FAMILY DISTRICT, TO R-5 SINGE FAMILY RESIDENCE DISTRICT (2.877 ACRES), R-6, TWO-FAMILY RESIDENCE DISTRICT (10.510 ACRES), AND R-7, MULTIPLE-FAMILY RESIDENCE DISTRICT (3.216 ACRES) This Ordinance was given first title reading on 11-3-03. Given public hearing and second title reading on 11-17-03. Given third title reading. Mr. Mercer moved for adoption. Motion seconded by Mrs. Saxton. Yes: Saxton, Mercer, Beamish, Baker, Wise, Cultice and Bretland. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-55-03 AN ORDINANCE CHANGING ZONING FOR INLOT 9307 IN THE CITY OF TROY, OHIO FROM COUNTY R-3, MULTIPLE-FAMILY RESIDENCE DISTRICT (2.5454 ACRES) AND COUNTY F-1 FLOOD PLAIN DISTRICT (1.447 ACRES) TO M-2 LIGHT INDUSTRIAL DISTICT (2.9764 ACRES), AND B-2, GENERAL BUSINESS DISTRICT (1.016 ACRES) WITH A FLOOD PLAIN DISTRICT OVERLAY This Ordinance was given first title reading on 11-3-03. Given public hearing and second title reading on 11-17-03. Given third title reading. Mrs. Saxton moved for adoption. Motion seconded by Mr. Mercer. Yes: Mercer, Beamish, Baker, Wise, Cultice, Bretland and Saxton. No: None. ORDINANCE ADOPTED ORDINANCE NO O-56-03 ORDINANCE AUTHORIZING THE NAME CHANGE OF MUGAVIN WAY TO GEARHARDT LANE AND DECLARING AN EMERGENCY This Ordinance was given first title reading on 11-17-03. Given second title reading. Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Mercer. Yes: Beamish, Baker, Wise, Cultice, Bretland, Saxton and Mercer. No: None. Mr. Beamish moved for adoption. Motion seconded by Mrs. Saxton. Yes: Baker, Wise, Cultice, Bretland, Saxton, Mercer and Beamish. No: None. ORDINANCE ADOPTED 12-1-03 Page Four ORDINANCE NO. O-57-03 AN ORDINANCE AMENDING SECTION 733.01, 733.04 AND 733.09 OF THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO CONCERNING SIDEWALK CONTRACTORS This Ordinance was given first title reading on 11-17-03. Given second title reading. ORDINANCE NO. O-58-03 AN ORDINANCE AMENDING SECTIONS 913.01 (a), 913.08, 915.10 (b) AND (c), OF THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO RELATING TO WATER AND SEWER RAES, AND ADOPTING SECTION 915.10 (m) OF THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO. This Ordinance was given first title reading. COMMENTS OF THE MAYOR: The Mayor: 1) Thanked all City staff and departments and Troy Main Street who were involved in the preparation for the illumination ceremony and tree lighting. 2) Noted the good attendance for the first Home for the Holidays concert at the Hobart Arena featuring Daniel Rodriguez and the Springfield Symphony. COMMENTS OF SERVICE & SAFETY DIRECTOR: Mr. Anderson commented: 1) Commended the negotiating team who have been involved in the negotiations with the bargaining units. 2) On 12-18 the ceremonial “valve turning” to provide water to West Milton will take place. COUNCIL COMMENTS: -Mrs. Baker asked if the noise levels from Faurcea could be checked to see if the company needs be contacted about the levels of noise. -Mr. Mercer thanked Mr. Conard for his comments on the utility rates and noted that every attempt is made to keep the adjustments to small. -Mr. Mercer thanked Patricia and Thom Robinson for their funding for all the decorations and lights along the levee between Adams and Market Street. -Mr. Mercer noted he understands the Moose Club is having difficulty getting CATV at their new location, and Mr. Anderson stated that issue is being checked, -Mr. Mercer asked that Council consider an informal Resolution of Appreciation be prepared for Council to thank Ruben Pelealo, owner of the ElSombero Restaurant for the community Thanksgiving dinner he provides. Members of Council concurred and asked this be ready for the next meeting. -Mr. Bretland noted that there is now a Council person-elect for the 4th ward – Frank Hutchinson. AUDIENCE COMMENTS: -Mr. Charles Fox, Director of Troy Main Street, thanked City crews placing all the holiday lights and the new downtown speakers. Mr. Fox also stated Troy Main Street has received Ohio Main Street designation and thanked Council for their support in that effort. -Frieda Iddings, 40 Elmwood, thanked the City for placing the entrance signs regarding Troy is the home town of NASA astronaut Col. Nancy Currie. -Mr. Conard, S. Clay Street, stated it seems there is a lot of wasted salt on the City streets. Mr. Leffel responded that there was a hole in one of the trucks that was found and repaired. There being no further business, the meeting adjourned at 8:39 p.m. ___________________________________ _______________________________________ President of Council Clerk of Council |