| June 20, 2005 MINUTES OF COUNCIL A regular session of Troy City Council was held Monday, June 20, 2005, at 7:00 p.m. in Council Chambers. Members Present: Baker, Douglas, Hutchinson and Wise. A motion was made by Mr. Douglas, seconded by Mr. Wise, and approved by unanimous roll call vote, to excuse Mr. Clark from this meeting. A motion was made by Mrs. Baker, seconded by Mr. Wise, and approved by unanimous roll call vote, to excuse Mr. Mercer from this meeting. A motion was made by Mr. Wise, seconded by Mr. Hutchinson, and approved by unanimous roll call vote, to excuse Mrs. Saxton from this meeting. Presiding Officer: William F. Lohrer, President of Council Pro Tem Others Present: Michael L. Beamish, Mayor W. McGregor Dixon, Jr., Director of Law INVOCATION was given by Council President Lohrer. PUBLIC HEARING. At 7:04 p.m. Mr. Lohrer declared open a public hearing on O-20-05. There were no comments further comments, at 7:05 p.m. Mr. Lohrer declared this public hearing closed. MINUTES: The Clerk gave a summary of the April 18, 2005, meeting of Council. There were no corrections or additions. Upon motion of Mr. Wise, seconded by Mr. Hutchinson, these minutes were approved by unanimous roll call vote. COMMITTEE REPORTS: BUILDINGS, STREETS & SIDEWALKS COMMITTEE: Mrs. Baker reported that Committee recommends legislation be prepared to apply for FY 2005-06 CDBG funds to be used for: $ 94,000 Improvements to the Lincoln Community Center (upgrading of physical facilities - completion of the roof, boiler replacement) $ 1,500 Allocation to the Miami County Fair Housing Board (annual contribution). $ 9,500 Program Administration/environmental reviews (funds paid to a consultant to assure that applications and documentation are correctly filled out and filed with the State). $105,000 Total Report signed by Douglas, Hutchinson and Baker. FINANCE COMMITTEE: Mr. Wise reported that Committee does not support the implementation of a Pay As You Throw (PAYT) program of handling the increased work load for the refuse collection service at this time; rather, Committee asks that staff implement a program to help educate and encourage the public to recycle more (thus reducing the amount of refuse to be collected) and that other steps be taken, including evaluating economies in other refuse services, having only trash bags used (instead of the trash can alternate), and determine if the current monthly charge for recycling is accurate, before Council considers adding refuse collection staff/equipment or other options for refuse collection. (Copy of report attached to original minutes.) Report signed by Douglas and Wise. PERSONNEL COMMITTEE: Mrs. Baker reported that Committee recommends emergency legislation retroactive to 5-31-05 be prepared to continue to extended the military pay benefit to employees who were members of a reserve military unit or Ohio National Guard Unit on September 11, 2001 and who are called to active duty as a result of the terrorist attacks of September 11, 2001, with the extended benefits to be: - The City pays the employee the difference between the employee’s regular pay (including longevity) and the military pay, assuming the military pay is less. - Keep the employee (and family of the employee) on the group health, life and dental insurance plans, with the employee responsible for any employee contributions to the plans. - Permitting the employee to accumulate years of service for the purpose of longevity and seniority with the City for the duration of active duty. Committee noted that the emergency provision is requested as the most recent legislation expired May 31. Report was unsigned as all Committee members were absent from the meeting. June 2, 2005 Page Two SAFETY & HEALTH COMMITTEE: Mr. Hutchinson, Chairman, reported that Committee recommends legislation be prepared authorizing the Director of Public Service and Safety to enter into a three-year agreement with Public Safety Medical Services for annual physicals for firefighters (including command staff), including the required annual Fit Testing for the Fire Department respirator equipment at a cost not to exceed $35,998 each year. Report signed by Baker, Clark and Hutchinson. UTILITIES COMMITTEE: Mr. Douglas, Chairman, reported as follows: 1) Committee recommends legislation be prepared authorizing the Director of Public Service and Safety to advertise for bids and enter into a contract for the cleaning of the East Lime Sludge Lagoon at a cost not to exceed $125,000. 2) Committee recommends legislation be prepared for an increase in water and sewer rates as follows: - A 3.5% rate increase in both water and sewer commodity rates, and in bulk water sales rates. - No increase is proposed for a minimum user. - For a consumer in the “average user group”, the increase would average 2.6%, or $1.42 a month. - No adjustments are proposed for tap-in fees. - This would, in fact, be the first adjustment in eighteen months; another adjustment would not be considered until about January 2007, which would be another eighteen month interval. - The increase would be effective for bills due for payment on and after September 1, 2005. 3) Committee recommends legislation be prepared authorizing the Director of Public Service and Safety to advertise for bids and enter into a contract for the continuation of the Southwest Interceptor Sanitary Sewer Project and related Water Line work at a total cost not to exceed $960,000 ($800,000 from the Sewer Fund and $160,000 from the Water Fund). Committee noted that the Sewer portion will be funded from the $1,340,000 in bond proceeds from 2004. The scope includes replacing old shallow sewers from the rear of the Wastewater Treatment westward across the Dye Mill Race and providing a water main loop to connect Union Street and help the water distribution system of the far southeastern section of the City. There will be a later phase of the sewer work to expend the balance of the bond proceeds. Reports signed by Baker, Clark and Douglas. COMMITTEE OF THE WHOLE – TERM LENGTH Mrs. Baker reported that the Chamber of Commerce Legislative Committee recommended that terms for Council Members and Council be four years and that the terms of Council also be staggered. This recommendation was based on: * Concerns of continuity since members of Council and the Council President are elected on the same two-year cycle. * There may be a “learning curve” for a newly elected official to become acclimated to local government processes, issues, goals, etc. By the time someone starts to feel comfortable, he or she could be required to expend time and energy toward a new election. * The impact on personal resources with the costs of a re-election every two years. As a change in the term length can only be made by an affirmative vote of the electors, the Committee of the Whole recommended: 1. That legislation be prepared to place before the electors of the City of Troy on the November 8, 2005 ballot the matter of establishing the term for the position of President of Council be four years beginning January 1, 2008. 2. That legislation be prepared to place before the electors of the City of Troy on the November 8, 2005 ballot the matter of establishing the term of members of Council elected by Ward be four years beginning January 1, 2008. 3. That legislation be prepared to place before the electors of the City of Troy on the November 8, 2005 ballot the matter of establishing the term for members of Council elected at large be a two-year term beginning January 1, 2008, and a four-year term beginning January 1, 2010. (Copy of entire report attached to original minutes.) Report signed by Baker, Douglas, Hutchinson and Wise. RESOLUTION NO. R-33-05 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 SOUTHWEST INTERCEPTOR PROJECT This Resolution was given first title reading. June 20, 2005 Page Three RESOLUTION NO. R-34-05 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 CLEANING OF THE EAST LIME SLUDGE LAGOON This Resolution was given first title reading. RESOLUTION NO. R-35-05 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO FILE AN APPLICATION FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This Resolution was given first title reading. RESOLUTION NO. R-36-05 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO A THREE-YEAR AGREEMENT WITH PUBLIC SAFETY MEDICAL SERVICES REGARDING ANNUAL FIREFIGHTER PHYSICALS This Resolution was given first title reading. RESOLUTION NO. R-37-05 RESOLUTION PROVIDING FOR THE SUBMISSION TO THE ELECTORS OF THE CITY OF TROY AT THE NEXT GENERAL ELECTION THE QUESTION OF FOUR YEAR STAGGERED TERMS FOR COUNCIL MEMBERS OF THE CITY OF TROY AND A FOUR YEAR TERM FOR THE PRESIDENT OF COUNCIL OF THE CITY OF TROY. This Resolution was given first title reading. ORDINANCE NO. O-20-05 AN ORDINANCE CHANGING ZONING FOR A 4.983 ACRES, LOCATED IN THE CITY OF TROY, OHIO, FROM R-1-AAA SINGLE-FAMILY RESIDENTIAL TO R-3-B, SINGLE-FAMILY RESIDENCE DISTRICT This Ordinance was given public hearing and first title reading. ORDINANCE NO. O-21-05 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 MILITARY 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. ORDINANCE NO. O-22-05 AN ORDINANCE AMENDING SECTIONS 913.01 (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. COMMENTS OF MAYOR. Mayor Beamish noted: he participated in the Ohio Main Street seminar held in Troy last week and will participate in the Focus on Tourism seminar to be held in Troy on June 22. COMMENTS OF MEMBERS OF COUNCIL. Mrs. Baker commented that she appreciated receiving the statistics on attendance, etc. for the Troy Aquatic Park and stated she felt Council would like to have this information updated prior to each Council meeting. AUDIENCE COMMENTS: Marsha McGovern, 1345 Maplecrest, stated she manages 49 rental units for her father-in-law, for which the City has been collecting the refuse; however, the City has advised it will no longer collect the refuse for 1201, 1205 and 1209 Stephenson Drive, and she asked for an explanation of why the change was made and/or an extension of the service. June 20, 2005 Page Four Mr. Douglas asked for some clarification of this. Mr. Leffel, Public Works Director, stated that several staff members have discussed this with Mrs. McGovern, the units are a commercial enterprise for the owner, many years ago it was determined that the City would collect the refuse for residents, while the tenants are residents, this is a commercial enterprise for the owner. Mr. Leffel further commented that the City picks up the refuse for apartments that have individual street addresses (as opposed to those that are identified by A., B. etc.). He further commented that for the units in question, some years ago the owner had promised to file them as a condo plat, which would indicate individual addresses/ownership, but did not follow through. In that interim the City should have halted the refuse collection. This oversight has now been corrected by no longer collecting the refuse. Mrs. McGovern asked if the City would pick up the refuse if the units became condos, and Mr. Leffel advised that such action would “beat” the City’s regulations. Mr. Leffel also commented that the Ordinance section governing this service may need some updating. Tom Kendall. 937 Terry Drive, Chairman of the July 4th Celebration Committee, invited everyone to the Fourth of July Celebration. Charles Fox, Director of Troy Main Street, discussed the recent Ohio Main Street seminar that brought 42 managers of other Main Street programs and Board Presidents to Troy, noting that the group was very impressed with the downtown, its aesthetics and cleanliness. Mr. Fox thanked the City for the efforts, including signage, to remind citizens that bicycles, skateboards and similar items are not to be ridden on sidewalks in the Central Business District. However, he does feel the $95 ticket for offenses is high and suggested Council may want to implement a warning process before a ticket is issued. He also thanked the many City staff members for help with Sculptures on the Square event and all the summer downtown programs. Mr. Wise asked if the sound level has changed on the music on the Square, and Mr. Fox noted the sound can be adjusted by Quadrant, and that it is lower in the SW Quadrant by business owners and residents. Elmer Jordan, 65 Brookview Dr., commented that some bicycles do not have lights, he would like to see more in the paper in advance regarding what is happening at a Council meeting, he mentioned a number of unkempt properties that are not in the City, stated he does not like tax abatement or feel it is necessary, feels that if the WACO airport were expanded it would help bring in business, and he recently took his wife to the hospital to find that no rooms were available. Tom Kirkham, Chairman of the National Night Out Organization, reviewed plans for the August 2 event, noting it has been moved from the Square to the Community Park, and promised activities that all family members will enjoy. There being no further business, Council adjourned at 8:40 p.m. ___________________________________ _______________________________________ President of Council Clerk of Council |