(return to 2005 Minutes)

October 3, 2005

MINUTES OF COUNCIL


A regular session of Troy City Council was held Monday, October 3, 2005, at 7:00 p.m. in Council Chambers.

Members Present: Baker, Clark, Hutchinson, Kendall, Mercer and Saxton.
Upon motion of Mr. Clark, seconded by Mrs. Baker, Mr. Douglas was excused from this meeting by unanimous roll call vote.

Presiding Officer: William F. Lohrer, President of Council

Others Present: Michael L. Beamish, Mayor
W. McGregor Dixon, Jr., Director of Law
David E. Anderson, Director of Public Service and Safety

INVOCATION: An invocation was given by Council Member Kendall and the Pledge of Allegiance was led by Josh McGowan, an applicant for Eagle Scout.

MINUTES: The Clerk gave a summary of the September 19, 2005, meeting of Council. There were no corrections or additions. Upon motion of Mrs. Baker, seconded by Mrs. Saxton, the minutes were approved by unanimous roll call vote.

COMMITTEE REPORTS:
Buildings, Streets & Sidewalks Committee: Mrs. Baker, Chairman, reported that Committee recommends legislation be prepared authorizing the Director of Public Service and Safety to make application for Ohio Public Works Commission Funds (OPWC) for 2006 for the Archer Drive construction project, noting that OPWC will fund up to $295,000 of the project cost.
Report signed by Douglas, Hutchinson and Baker.
Discussion. Mrs. Baker commented that she understands Goodrich is possibly looking at an alternate entrance and as that company is in the area of the OPWC project, she asked if staff could discuss this project with Goodrich to see if it is possible to coordinate the work and avoid roadway work redundancy. Mr. Anderson stated that staff is meeting with Goodrich representatives on this project.

Law & Ordinance Committee. Mrs. Saxton, Chairman, reported that Committee recommends legislation be prepared authorizing an application for $400,000 from the Small Cities CDBG FY 2005 Comprehensive Downtown Revitalization Program. If approved, under a reimbursement program, those funds would be made available to property owners in the target area (Main Street and West Water Street between the Public Square and the Courthouse, including the NW Quadrant of the Square) for low interest loans to improve their properties.
Report signed by Kendall, Mercer and Saxton.

Personnel Committee: Mr. Clark, Chairman, reported as follows: 1) Committee recommends one Police Sergeant position be abolished to reduce the number of Sergeants from seven to six, but increase the number of police officers by one. This will provide more officers on the street and have a lesser cost to the budget. Committee noted that to follow a provision of the Ohio Revised Code, a position can only be abolished when it is filled, not vacant. The City intended to take this step upon the retirement of one Sergeant on October 1; however, it will be necessary to actually demote another Sergeant for one day to follow the law, then re-promote that person back to Sergeant the next day. Committee noted that the City will ensure such demotion/re-promotion cannot be seen as discipline.
As the abolishment is not a matter of legislation, a motion was made by Mr. Clark, seconded by Mr. Hutchinson, to accept the Committee report to abolish one Sergeant position in the Police Department.
MOTION PASSED, UNANIMOUS VOTE
2) Committee has reviewed the proposed restructuring within the Public Works Department to spread the workload and provide efficiencies, including:
-Work required of the incumbent in the Assistant City Engineer position is more reflective of an Assistant Public Works Director, and that such position could also be restructured to provide more assistance to the Public Works Director.
-There would also be an Assistant City Engineer as a credentialed backup to the City Engineer.
-A vacant Engineering Technician & Construction Inspector position not be filled. In fact, some of the duties of the Assistant Public Works Director will relate to work required of the Engineering Technician & Construction Inspectors. This will permit the restructuring to take place without adding staff and with minimal financial impact.

October 3, 2005 Page Two

-In the future a secretarial position may not be filled if it becomes vacant.
Committee recommended emergency legislation be prepared amending the Salary Ordinance to create the position of Assistant Public Works Director at pay grade 4, which is the same pay grade as the position of Assistant City Engineer. To implement the areas of the report not a matter of legislation, a motion was made by Mr. Clark, seconded by Mr. Hutchinson, to accept the Personnel Committee report regarding restructuring the Public Works Department. MOTION PASSED, UNANIMOUS VOTE
Reports signed by Mercer, Saxton and Clark.

Safety and Health Committee. Mr. Hutchinson, Chairman, reported that Committee recommends legislation be prepared authorizing the 2006 funding to the Miami County Health District in the amount of $304,811.80, noting that the funding approximates the millage equivalent of what the District would receive if Troy were part of the health levy other communities use to fund the Health District.
Report signed by Baker, Clark and Hutchinson.

There were no audience comments regarding Committee Reports or Agenda.

RESOLUTION NO. R-55-05
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO AN AGREEMENT WITH THE MIAMI COUNTY GENERAL HEALTH DISTRICT FOR HEALTH SERVICES

This Resolution was given first title reading.

Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Hutchinson.
Yes: Baker, Clark, Saxton, Mercer, Hutchinson and Kendall.
No: None.
Mrs. Baker moved for adoption. Motion seconded by Mr. Mercer.
Yes: Clark, Saxton, Mercer, Hutchinson, Kendall and Baker.
No: None. RESOLUTION ADOPTED

RESOLUTION NO. R-56-05
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY TO FILE AN APPLICATION WITH THE STATE OF OHIO TO PARTICIPATE IN THE SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FY 2005 COMPREHENSIVE DOWNTOWN REVITALIZATION PROGRAM

This Resolution was given first title reading.

Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Kendall.
Yes: Clark, Saxton, Mercer, Hutchinson, Kendall and Baker.
No: None.
Mrs. Saxton moved for adoption. Motion seconded by Mr. Mercer.
Yes: Saxton, Mercer, Hutchinson, Kendall, Baker and Clark.
No: None. RESOLUTION ADOPTED

RESOLUTION NO. R-57-05
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO MAKE APPLICATION FOR OHIO PUBLIC WORKS COMMISSION (OPWC) FUNDS FOR ARCHER DRIVE RECONSTRUCTION PROJECT

This Resolution was given first title reading.

Mrs. Baker moved for suspension of rules requiring three readings. Motion seconded by Mr. Hutchinson.
Yes: Mercer, Hutchinson, Kendall, Baker, Clark and Saxton.
No: None.
Mrs. Saxton moved for adoption. Motion seconded by Mr. Clark.
Yes: Hutchinson, Kendall, Baker, Clark, Saxton and Mercer.
No: None. RESOLUTION ADOPTED

October 3, 2005 Page Three

ORDINANCE NO O-35-05
ORDINANCE AMENDING ORDINANCE NO. O-54-04, AS AMENDED BY ORDINANCE NO. O-6-05, 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. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Mercer.
Yes: Kendall, Baker, Clark, Saxton, Mercer and Hutchinson.
No: None.
Mr. Mercer moved for adoption. Motion seconded by Mr. Saxton.
Yes: Baker, Clark, Saxton, Mercer, Hutchinson and Kendall.
No: None. ORDINANCE ADOPTED


COMMENTS OF MAYOR. The Mayor noted that Troy High School broke ground this date for new science wing and gymnasium. The Mayor also noted upcoming THS football game with Piqua and the success of the Soccer Team.

COMMENTS OF DIRECTOR OF PUBLIC SERVICE AND SAFETY. Mr. Anderson noted that information regarding proposed stormwater management Ordinance changes had been distributed for review. Mr. Lohrer stated this will be assigned to the Utilities Committee.

COUNCIL COMMENTS:
-Mr. Kendall commented that on a recent business trip he ran into someone who had visited Troy and was very complimentary to Troy.
-Mr. Mercer thanked Mr. Anderson for the reorganization within the Public Works Department and stated he looks forward to improved efficiency,
-Mrs. Baker stated the Meet the Candidate event will be held Oct. 26.
-Mrs. Baker asked for information about the Cemetery Master Plan mentioned in the Director’s Report, including what it entails, is this a plan by someone on staff, etc.
-Mr. Clark noted the death of Leo Robbins, a Refuse Collection Department employee since 1977.

AUDIENCE COMMENTS.
-Jarrod Harrah, 323 E. Main Street, asked about a newspaper article that indicated a peaceful protest was denied permission to take place on public property downtown. Mr. Anderson replied no one was or can be denied the right or opportunity for a peaceful gathering; however, there are policies to be followed regarding “permission ” and use of City equipment or asking for services by the City.
-Dale Magato, 2310 Cara Drive, stated concerns regarding the property adjacent him, Andy’s Garden, regarding noise. He commented he feels the company may be expanding their green house and he is concerned about additional noise and is also concerned about pesticides being expelled from the green house operation by 12 large fans. Mr. Magato was referred to the Planning Director.

There being no further business, Council adjourned at 7:42 p.m.

________________/s/________________    ___________________/s/_________________
President of Council                                          Clerk of Council