| December 15, 2003 MINUTES OF COUNCIL A regular session of Troy City Council was held Monday, December 15, 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 W. McGregor Dixon, Jr., Director of Law The invocation was given by Mayor Peter E. Jenkins. Informal RESOLUTION OF APPRECIATION, RUBEN PELAYO, was read thanking Mr. Pelayo for his service to the community by providing over 35,000 free Thanksgiving Dinners in the last 10 years, and for his other support of soup kitchens, food pantries, and similar organizations that assist others. A motion was made by Mr. Bretland, seconded by Mr. Mercer, to approve the Resolution, with approval by unanimous roll call vote. MINUTES: The Clerk gave a summary of the December 1, 2003 meeting of Council. There were no corrections or additions, and upon motion of Mrs. Saxton, seconded by Mr. Beamish, these minutes were approved by unanimous roll call vote. COMMITTEE REPORTS: BUILDINGS, STREETS & SIDEWALKS. Mrs. Baker, Chairman, reported that Committee recommends the Ordinances governing sidewalk contractors now before Council (O-57-03) be further amended to require a bond, proof of Worker’s Compensation coverage, more justification for revocation, and removal of a section regarding prorating a license fee. With these further amendments, Committee recommends the legislation be approved as an emergency measure to be in place prior to the January licensing. Report signed by Bretland, Cultice and Baker. FINANCE: Mr. Beamish, Chairman, reported as follows: 1) Committee recommends legislation be prepared authorizing the Service & Safety Director to enter into an Agreement with Rozzi’s Famous Fireworks in an amount not to exceed $30,000 for the Fireworks for July 4, 2004, noting that the City with also seek some funding assistance from The Troy Foundation. 2) Committee recommends that the City proceed to purchase an electrical bucket truck to replace the backup unit which has the “bucket mechanism” fail. The cost is not to exceed $87,000 and can be obtained through the State Purchasing Program. As legislation not required, Committee will ask that Council approve the report. A motion was made by Mrs. Saxton, seconded by Mr. Cultice, to accept the report of the Finance Committee authorizing purchase of a new bucket truck at a cost not to exceed $87,000. Motion passed, unanimous vote. Reports signed by Cultice, Mercer and Beamish. LAW & ORDINANCE COMMITTEE: Mrs. Saxton, Chairman, reported as follows: 1) Committee recommends legislation be prepared to accept the dedication of Towne Park Drive and, as this is a housekeeping matter, the legislation is to be presented as an emergency measure as the roadway is under construction. 2) Committee has considered new information regarding the realignment of Adams Street/Tim Horton’s Project and recommends that emergency legislation be prepared authorizing the Service & Safety Director to enter into an agreement with Tim Donut USA, Inc. to pay the City’s share of roadway construction, infrastructure upgrades, payment to the State for release of former Canal land, and traffic signals at a cost not to exceed $330,000. The emergency provision is so that real estate closings associated with the establishment of a Tim Horton’s restaurant can proceed and payment be made to the State for the Canal land. As this is an increase from the initial authorization of $180,000, committee noted the increase being due to: payment to the State for a clear deed for former canal land; need to replace more water and sewer lines than anticipated; need to take care of sanitary sewer “odor” complaints of the neighbors; more leveling of the parking lot; and contingency funds. (Copy of report attached to original minutes.) Reports signed by Beamish, Mercer and Saxton. PERSONNEL: Mr. Wise, Chairman, reported as follows: 1) Committee recommends appointments and reappointments to the City Beautification Committee requested by the Mayor be approved, and upon motion of Mr. Beamish, seconded by Mr. Mercer, the reappointment of Betsy Graves and the appointment of Charles Fox and December 15, 2003 Page Two Wanda Tremblay to the City Beautification Committee, all for terms ending 7-1-2005 were approved by unanimous roll call vote. 2) Committee recommends emergency legislation be prepared to provide the following for regular non-bargaining unit or non-bargaining unit represented employees: 3% wage increase for 2004, health insurance premium contribution of 10% effective 1-1-2004; $25 more per quarter for the non-bargaining unit persons who now receive a clothing maintenance allowance; and removal of overtime rate of double time for Sunday call outs for those supervisors of employees in the AFSCME bargaining unit. 3) Committee recommends emergency legislation be prepared to grant a 30 day extension to the 90 day duty injury leave provided to employee Robert Jones. 4) Committee recommends emergency legislation, retroactive to 12-2-03, be prepared again extending military leave benefits for those employees who were members of the Ohio National Guard or military reserve and called to active duty solely from the terrorist acts of 9-11-2001. Such benefits will be extending City health, life and dental insurance (subject to co-pays and any restrictions), but no longer accruing sick leave or vacation while on active duty as similar benefits are provide by the military. Reports signed by Baker, Beamish and Wise. UTILITIES COMMITTEE: Mr. Mercer, Chairman, reported that Committee recommends the approximately $500,000 balance of bonded funds on the West Milton Water Line Connector project be used for a further extension of such line down Wilson Road to loop into the system in the area of Concord School. As legislation is not required, Committee asked that Council accept the Committee Report. A motion was made by Mrs. Saxton, seconded by Mr. Wise, to authorize a change order up to $500,000 to for the West Milton Water Line Connector to extend the new line down Wilson Road. Motion passed, unanimous vote. Report signed by Saxton, Wise and Mercer. 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 on 12-1-03. Given second title reading. Mr. Mercer moved for suspension of rules requiring three readings. Motion seconded by Mr. Wise. Yes: Mercer, Bretland, Beamish, Wise, Baker, Cultice and Saxton. No: None. Mr. Wise moved for adoption. Motion seconded by Mr. Mercer. Yes: Bretland, Beamish, Wise, Baker, Cultice, Saxton and Mercer. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-81-03 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO AN AGREEMENT WITH ROZZI’S FAMOUS FIREWORKS, INC. This Resolution was given first title reading. Mr. Beamish moved for suspension of rules requiring three readings. Motion seconded by Mr. Bretland. Yes: Beamish, Wise, Baker, Cultice, Saxton, Mercer and Bretland. No: None. Mr. Beamish moved for adoption. Motion seconded by Mr. Cultice. Yes: Wise, Baker, Cultice, Saxton, Mercer, Bretland and Beamish. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-82-03 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO AN AGREEMENT WITH OHIO COUNCIL 8, AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO, AND LOCAL 1342 AND DECLARING AN EMERGENCY This Resolution was given first title reading. December 15, 2003 Page Three Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Cultice. Yes: Baker, Cultice, Saxton, Mercer, Bretland, Beamish and Wise. No: None. Mr. Wise moved for adoption. Motion seconded by Mrs. Baker. Yes: Cultice, Saxton, Mercer, Bretland, Beamish, Wise and Baker. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-83-03 RESOLUTION AUTHORIZING THE BOARD OF PARK COMMISSIONERS TO ENTER INTO AN AGREEMENT WITH OHIO COUNCIL 8, AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO, AND LOCAL 1342-P 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. Cultice. Yes: Saxton, Mercer, Bretland, Beamish, Wise, Baker and Cultice. No: None. Mrs. Baker moved for adoption. Motion seconded by Mr. Beamish. Yes: Mercer, Beamish, Bretland, Wise, Baker, Cultice and Saxton. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-84-03 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER AN AGREEMENT WITH TIM DONUT U.S. LIMITED, INC., FOR INFRASTRUCTURE AND CONSTRUCTION WORK ON WEST MAIN STREET, HOBART DRIVE, HOBART CIRCLE AND ADAMS STREET SOUTH 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: Beamish, Bretland, Wise, Baker, Cultice, Saxton and Mercer. No: None. Mr. Beamish moved for adoption. Motion seconded by Mr. Cultice. Yes: Bretland, Wise, Baker, Cultice, Saxton, Mercer and Beamish. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-85-03 RESOLUTION ESTABLISHING EMPLOYEE CONTRIBUTIONS TOWARD HEALTH INSURANCE PREMIUMS FOR EMPLOYEES WHO ARE NOT MEMBERS OF A COLLECTIVE BARGAINING UNIT 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: Wise, Baker, Cultice, Saxton, Mercer, Beamish and Bretland. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mr. Wise. Yes: Baker, Cultice, Saxton, Mercer, Beamish, Bretland and Wise. No: None. RESOLUTION ADOPTED ORDINANCE NO. O-57-03 AN AMENDED ORDINANCE AMENDING CHAPTER 733 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 on 12-1-03. Given third title reading. Mrs. Baker moved for adoption. Motion seconded by Mr. Mercer. Yes: Cultice, Saxton, Mercer, Beamish, Bretland, Wise and Baker. No: None. ORDINANCE ADOPTED December 15, 2003 Page Four 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 RATES, AND ADOPTING SECTION 915.10 (m) OF THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO. This Ordinance was given first title reading on 12-1-03. Given second title ready. ORDINANCE NO. O-59-03 ORDINANCE AMENDING ORDINANCE NO. O-6-03, APPROPRIATING FUNDS NECESSARY FOR THE VARIOUS DEPARTMENTS AND OFFICES OF THE CITY OF TROY, OHIO, FOR THE YEAR 2003 AND DECLARING AN EMERGENCY This Ordinance was given first title reading. Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Bretland. Yes: Saxton, Mercer, Beamish, Bretland, Wise, Baker and Cultice. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mr. Mercer. Yes: Mercer, Beamish, Bretland, Wise, Baker, Cultice and Saxton. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-60-03 ORDINANCE APPROPRIATING FUNDS NECESSARY FOR THE FIRST PART OF YEAR 2004 AND DECLARING AN EMERGENCY This Ordinance was given first title reading. Mr. Beamish moved for suspension of rules requiring three readings. Motion seconded by Mr. Cultice. Yes: Beamish, Bretland, Wise, Baker, Cultice, Saxton and Mercer. No: None. Mr. Beamish moved for adoption. Motion seconded by Mrs. Baker. Yes: Bretland, Wise, Baker, Cultice, Saxton, Mercer and Beamish. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-61-03 ORDINANCE DEDICATING TOWNE PARK DRIVE IN THE CITY OF TROY AND DECLARING AN EMERGENCY This Ordinance was given first title reading. Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Wise. Yes: Wise, Baker, Cultice, Saxton, Mercer, Beamish and Bretland. No: None. Mr. Beamish moved for adoption. Motion seconded by Mr. Mercer. Yes: Baker, Cultice, Saxton, Mercer, Beamish, Bretland and Wise. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-62-03 ORDINANCE EXTENDING DUTY INJURY LEAVE FOR EMPLOYEE ROBERT JONES AND DECLARING AN EMERGENCY This Ordinance was given first title reading. Mrs. Baker moved for suspension of rules requiring three readings. Motion seconded by Mr. Bretland. Yes: Cultice, Saxton, Mercer, Beamish, Bretland, Wise and Baker. No: None. Mr. Wise moved for adoption. Motion seconded by Mrs. Saxton. Yes: Saxton, Mercer, Beamish, Bretland, Wise, Baker and Cultice. No: None. ORDINANCE ADOPTED December 15, 2003 Page Five ORDINANCE NO. O-63-03 AN ORDINANCE AUTHORIZING THE CONTINUATION OF MILITARY LEAVE WITH PAY AND THE CONTINUATION OF CITY PROVIDED GROUP HEALTH AND LIFE INSURANCE TO CITY EMPLOYEES WHO ARE CALLED TO ACTIVE DUTY IN RELATION TO THE ATTACK AGAINST THE UNITED STATES ON SEPTEMBER 11, 2001, FOR THE DURATION OF ACTIVE MILITARY DUTY AND DECLARING AN EMERGENCY This Ordinance was given first title reading. Mr. Wise moved for suspension of rules requiring three readings. Motion seconded by Mrs. Baker. Yes: Mercer, Beamish, Bretland, Wise, Baker, Cultice and Saxton. No: None. Mr. Bretland moved for adoption. Motion seconded by Mrs. Baker. Yes: Beamish, Bretland, Wise, Baker, Cultice, Saxton, and Mercer. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-64-03 ORDINANCE FIXING SALARIES AND WAGES OF CERTAIN EMPLOYEES OF THE CITY OF TROY, OHIO AND DECLARING AN EMERGENCY This Ordinance was given first title reading. Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Cultice. Yes: Bretland, Wise, Baker, Cultice, Saxton, Mercer and Beamish. No: None. Mr. Beamish moved for adoption. Motion seconded by Mr. Wise. Yes: Wise, Baker, Cultice, Saxton, Mercer, Beamish and Bretland. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-65-03 ORDINANCE FIXING SALARIES AND WAGES OF CERTAIN EMPLOYEES OF THE CITY OF TROY, OHIO AND DECLARING AN EMERGENCY This Ordinance was given first title reading. Mr. Mercer moved for suspension of rules requiring three readings. Motion seconded by Mrs. Saxton. Yes: Baker, Cultice, Saxton, Mercer, Beamish, Bretland and Wise. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mr. Beamish. Yes: Cultice, Saxton, Mercer, Beamish, Bretland, Wise and Baker. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-66-03 ORDINANCE AMENDING SECTIONS 141.32 AND 141.34 OF THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO RELATED TO EMPLOYEE BENEFITS AND DECLARING AN EMERGENCY This Ordinance was given first title reading. Mr. Bretland moved for suspension of rules requiring three readings. Motion seconded by Mr. Cultice. Yes: Saxton, Mercer, Beamish, Bretland, Wise, Baker and Cultice. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mr. Wise. Yes: Mercer, Beamish, Bretland, Wise, Baker, Cultice and Saxton. No: None. ORDINANCE ADOPTED COMMENTS OF THE MAYOR: This was the last meeting for Mayor Jenkins, who chose not to run for office. The Mayor encouraged Council to make good decisions for the City, and commented that his term as Mayor, and his prior service on Council, had been wonderful. Members of Council thanked Mayor Jenkins for his many years of dedicated service to the public. Mr. Mercer particularly commented that Mayor Jenkins is a “great American”. December 15, 2003 Page Six COMMENTS OF SERVICE & SAFETY DIRECTOR: Mr. Anderson commented that Troy Main Street had received Ohio Main Street designation, and that Police Capt. Roger Griffieth has announced his retirement effective 12-20-03. COUNCIL COMMENTS: -Members of Council thanked Mr. Bretland (who also chose not to run for office) for his service on Council. -Mr. Bretland read a statement that talked about his family’s involvement in the community, cautioned about growth for the sake of growth, and stated that it is the employees of the City who provide the daily comforts of the citizens. AUDIENCE COMMENTS: -Dave Fisher, 7025 E. SR 571, congratulated those newly elected to office and thanked Mayor Jenkins and Mr. Bretland for their service to the City. -Lloyd Rowe, 385 W. Ross, thanked the Mayor for his community service. Plaques were presented as follows: Mayor Peter E. Jenkins Jan. 1, 1978 – Dec. 31, 1981 Council at Large Jan. 1, 1982 – Dec. 31, 1991 President of Council Jan. 1, 1992 – Dec. 31, 2003 Mayor Raymond R. Bretland Jan. 1, 2000 – Dec. 31, 2003 4th Ward Council There being no further business, the meeting adjourned at 8:29 p.m. ___________________________________ _______________________________________ President of Council Clerk of Council |