| October 18, 2004 MINUTES OF COUNCIL A regular session of Troy City Council was held Monday, October 18, 2004, at 7:00 p.m. in Council Chambers. Members Present: Baker, Clark, Douglas, Hutchinson, Mercer and Wise. Upon motion of Mr. Mercer, seconded by Mr. Douglas, Mrs. Saxton was excused from this meeting by unanimous roll call vote. Presiding Officer: William F. Lohrer, President of Council Others Present: W. McGregor Dixon, Jr., Director of Law Richard L. Cultice, Auditor INVOCATION was given by Council President Lohrer. MINUTES: The Clerk gave a summary of the October 4, 2004 meeting of Council. The minutes were corrected to show that Mr. Douglas abstained on the vote for approval on R-62-04. Upon motion of Mrs. Baker, seconded by Mr. Clark, these minutes were approved as corrected by unanimous roll call vote. COMMITTEE REPORTS: BUILDINGS, STREET & SIDEWALKS COMMITTEE: Mrs. Baker, Chairman, reported that Committee recommends legislation be prepared for a general housekeeping update of sections involving parking and traffic and that a new section be created to permit the Police Department to place an immobilization device (aka “boot”) on a vehicle if that vehicle has received three or more outstanding parking tickets that are overdue more than 60 days, Report signed by Douglas, Hutchinson and Baker. FINANCE COMMITTEE: Mr. Mercer, Chairman, gave the verbal report that Committee met at the Maintenance Facility prior to Council meeting to review vehicles proposed for replacement within the 2005 budget. SAFETY & HEALTH COMMITTEE: Mr. Hutchinson, Chairman, reported as follows: 1) Committee has considered the recommendation of the Board of Park Commissioners that areas around the ball fields and other open areas in the parks (such as play areas for children) be declared for no smoking. Committee feels that the enforcement of such an Ordinance would be very difficult to enforce and that the matter not be legislated. Committee suggested the Board place signs asking people to not smoke, and have announcements made at sporting events that people are asked not to smoke in certain areas; but if these remedies are not successful the Board could again ask that legislation be considered. Discussion: Mr. Mercer stated he felt the Director of Law did a very good job in researching an Ordinance that would seem to address the concerns that brought this matter forward, and he is sorry the Committee did not concur with the draft Ordinance. Mr. Mercer further commented that it seems that there are a number of proposals that have come before Council that are considered “difficult to enforce” and are not acted upon. He also stated he is concerned that the Stadium and Pool, that are in the “open air”, may now be considered smoking facilities. Mr. Mercer stated he respects the Committee decision but does not agree with it, and hopes the Park Board will place no smoking signs in areas as were indicated in the draft legislation. 2) Committee has considered the request that there be legislation requiring the wearing of a bicycle helmet. Committee notes that while helmets provide protection, there are Police Department bicycle safety programs in the elementary school, the Fire Department has a program to give away helmets, but that it is first a parental responsibility to teach children the importance of wearing helmets and to see that they are worn. Committee further noted that the enforcement of such an Ordinance would be quite difficult. Committee recommended the Board of Park Commissioners place signs along bike paths that would recommend helmets be worn and that the Police and Fire Departments continue and, if possible, enhance their current programs. Reports signed by Baker, Clark and Hutchinson. Discussion. Mr. Mercer commented that he supports the report of the Committee and noted that while the Fire Department may not track bicycle accidents, there is such tracking in the Police monthly report. AUDIENCE COMMENTS – COMMITTEE REPORTS OR AGENDA ITEMS: Lester Conard, 1210 S. Clay Street, stated he commended the Committee on the decisions, but feels the Pollice Department should handle kids who are riding bicycles and do not obey traffic laws, such as stopping at a stop signs. He further stated he feels the immobilization device, or boot, is not logical, will take more time of the officers, will tie up parking spaces, and will require more police officers to handle the violations. 10-18-04 Page two Mr. Mercer commented that now some people run up significant fines for parking tickets, end up in court, and may ultimately pay less than owed; and the boot will apply to such situations and handle these habitual offenders. Mr. Douglas noted that the boot will make the offender also deal with additional fines. Mr. Clark stated this will not create the need for additional officers and the fines should pay for the cost of the immobilization devices. Mrs. Baker stated that it is not felt that the device will be used often. Chief Phelps commented that if the boot is in place after 72 hours, the car will be towed and the tow company will be paid before the car is returned, creating additional costs for the violator. ORDINANCE NO. O-43-04 ORDINANCE AMENDING SECTIONS 315.13, 351.03, 351.99, 353.05, 353.09 AND 351.13, REPEALING SECTIONS 453.10 AND ENACTING SECTION 351.15 OF THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO REGARDING SNOW EMERGENCY DISTRICT AND PARKING FINES This Ordinance was given first title reading. Mrs. Baker moved for suspension of rules requiring three readings. Motion seconded by Mr. Hutchinson. Yes: Baker, Douglas, Mercer, Wise, Clark and Hutchinson. No: None. Mr. Clark moved for adoption. Motion seconded by Mr. Mercer. Yes: Douglas, Mercer, Wise, Clark, Hutchinson and Baker. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-44-04 ORDINANCE ENACTING SECTIONS 351.16 THROUGH 351.20 OF THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO RELATED TO IMMOBILIZATION OF VEHICLES This Ordinance was given first title reading. Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Douglas. Yes: Mercer, Wise, Clark, Hutchinson, Baker and Douglas. No: None. Mr. Clark moved for adoption. Motion seconded by Mr. Hutchinson. Yes: Wise, Clark, Hutchinson, Baker, Douglas and Mercer. No: None. ORDINANCE ADOPTED COMMENTS BY COUNCIL: -Mrs. Baker asked about the status of adding a baby pool to the aquatic center. It was stated that the project is being evaluated to determine if there are sufficient funds to add the baby pool; otherwise, Council will need to determine if additional funds are to be added to the project authorization. -Mr. Mercer asked about the status of appointing a project manager. It was stated that Council will be given an update on the baby pool and project manager. AUDIENCE COMMENTS: -Deborah Stichter, 467 W. Staunton Road, inquired about what else could be changed within the aquatic center project, and asked about the naming of the facility. She stated she felt the $148,000 is for contingencies and would not be sufficient for that use and a baby pool. -Mike Burkholder, 475 W. Staunton Road, stated he believes all the plumbing has been installed for the aquatic center so a decision would have already been made about adding a baby pool. There being no further business, Council adjourned at 7:42 p.m. ___________________________________ _______________________________________ President of Council Clerk of Council |