(return to 2006 Minutes)

November 20, 2006
MINUTES OF COUNCIL

A regular session of Troy City Council was held Monday, November 20, 2006, at 7:00 p.m. in Council Chambers.

Members Present: Baker, Clark, Douglas, Harrah, Kendall, Mercer and Saxton.

Presiding Officer: William F. Lohrer, President of Council Pro Tem

Others Present: Michael L. Beamish, Mayor
Arthur D. Haddad, Interim Director of Public Service and Safety
W. McGregor Dixon, Jr., Director or Law
Richard L. Cultice, City Auditor

INVOCATION: An invocation was given by Council Member Clark.

EXECUTIVE SESSION: A motion was made by Mr. Mercer, seconded by Mrs. Baker, to recess into executive session to discuss: 1) Negotiations with our public employees concerning their terms and conditions of employment and 2) Compensation of a public official. Motion passed by unanimous roll call vote. At 7:03 p.m., Council recessed into executive session. At 8:00 p.m., Council returned from executive session.

AMENDED AGENDA: A motion was made by Mr. Mercer, seconded by Mr. Clark, to amend the agenda for the November 20, 2006 meeting of Troy City Council to add:
R-55-06 Agreement with Fire Fighters
R-56-06 Agreement with AFSCME
R-57-06 Agreement with AFSCME –Park
R-58-06 Agreement for Director of Public Service and Safety
Motion passed by unanimous roll call vote.

MINUTES: The Clerk gave a summary of the minutes of the November 6 meeting of Troy City Council. There were no corrections or additions to those minutes. A motion was made by Mrs. Saxton, seconded by Mr. Kendall, to approve the minutes. Motion passed by unanimous roll call vote.

COMMITTEE REPORTS:
FINANCE COMMITTEE. Mr. Mercer, Chairman, reported as follows: 1) Committee recommends legislation be prepared authorizing the Director of Public Service and Safety to purchase fuel items for 2007 on the open market when needed as firm prices cannot be obtained through the standard bidding process.
2) Committee recommends legislation be prepared authorizing the Director of Public Service and Safety to enter into a new agreement with the Board of Miami County Commissioners for the keeping of prisoners incarcerated in the Miami County Jail under local ordinance, with the daily rate of $50 per day or any part of a day.
3) Committee recommends a design be authorized for electric and water line improvements on the levee between Adams Street and Market Street. Committee noted that the current electric does not meet code and should be improved to meet the demands of the special events. The Troy Strawberry Festival will pay 25% of the electric improvements, with such payment over three years. The design will cost less than $25,000, so legislative action is not required. The design will provide a final cost for construction purposes.
Reports signed by Douglas, Kendall and Mercer.

LAW & ORDINANCE COMMITTEE. Mrs. Saxton, Chairman, reported as follows: 1) Committee recommends that Section 521.11 (b) (1) of the Codified Ordinances to remove crown vetch from the list of noxious weeds, noting that growth in excess of 10” would still be an ordinance violation. Committee noted that after crown vetch was added to the list, it was found that the City and the State use crown vetch on steep slopes and a citizen had planted it in a yard that has a slope.
2) Committee recommends O-40-06 be approved, which will amend setback requirements in the R-3-B zoning district for the front yard from 40’ to 30’ and rear yard from 40’ to 35’.
Reports signed by Douglas, Mercer and Saxton.
Discussion. Mr. Douglas asked if pie shaped lots zoned R-3-B are the main problem. Planning Director Mark Cundiff indicated the setback has been an issue with different shaped lots with 80’ size as there is not room for the houses many persons want to build after allowing for the set back. Mrs. Baker asked if people are just wanting too big of a house for the lot, and Mr. Cundiff indicated that was not the issue.

Oral Report: Mrs. Saxton reported that the Ohio Department of Liquor Control had advised the City of notice of application for a new D5 liquor permit for Steven Bruns, dba Bruns Sports Bar, 845 W. Market Street.

November 20, 2006 Page Two

Audience Comments on Committee Reports and Agenda –
Deborah Stichter, 465 W. Staunton Road asked if there could be action on the new agenda items and if a Committee Report would be required. It was stated that there could be action on the legislation and Mr. Dixon, Director of Law, stated a report was not needed. Mr. Dixon further commented that the Ohio Revised Code provides for collective bargaining issues to be reviewed in executive session.

Lester Conard, 1210 S. Clay Street, suggested it did not seem right for the City to add crown vetch to the noxious week list, then find out the City used the planting and a citizen bring up issues and then the City take the planting off the list.
Mr. Mercer stated that the planting was done by the State on steep inclines, and with the property owner it was the thistles and weeds growing through the crown vetch that was more of an issue. Mr. Mercer stated that as other entities are not recognizing crown vetch as a noxious weed it seemed appropriate for the City to make a change.


RESOLUTION NO R-51-06
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 on November 4, 2006.
Given second title reading.

A motion was made by Mr. Harrah to suspend the rules requiring three readings. Motion seconded by Mr. Clark.
Yes: Douglas, Baker, Harrah, Mercer, Kendall, Saxton and Clark.
No: None
Mr. Kendall moved for adoption. Motion seconded by Mr. Douglas.
Yes: Baker, Harrah, Mercer, Kendall, Saxton, Clark and Douglas.
No: None. RESOLUTION ADOPTED

RESOLUTION NO R-52-06
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO AGREEMENTS FOR THE PURCHASE OF GASOLINE AND DIESEL FUEL AFTER BIDDING ON THE OPEN MARKET AND AWARDING CONTRACTS ON A LOWEST AND BEST BID BASIS

This Resolution was given first title reading.

A motion was made by Mr. Clark to suspend the rules requiring three readings. Motion seconded by Mr. Mercer.
Yes: Harrah, Mercer, Kendall, Saxton, Clark, Douglas and Baker.
No: None
Mr. Clark moved for adoption. Motion seconded by Mr. Douglas.
Yes: Mercer, Kendall, Saxton, Clark, Douglas, Baker and Harrah.
No: None. RESOLUTION ADOPTED

RESOLUTION NO R-53-06
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO AN AGREEMENT WITH THE MIAMI COUNTY PUBLIC DEFENDER’S COMMISSION FOR 2007

This Resolution was given first title reading.

A motion was made by Mr. Kendall to suspend the rules requiring three readings. Motion seconded by Mrs. Saxton.
Yes: Kendall, Saxton, Clark, Douglas, Baker, Harrah and Mercer.
No: None
Mrs. Saxton moved for adoption. Motion seconded by Mr. Douglas.
Yes: Saxton, Clark, Douglas, Baker, Harrah, Mercer and Kendall
No: None. RESOLUTION ADOPTED




November 20, 2006 Page Three


RESOLUTION NO R-54-06
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO EXECUTE A CONTRACT WITH THE BOARD OF COUNTY COMMISSIONERS, MIAMI COUNTY. OHIO FOR KEEPING PRISONERS IN THE MIAMI COUNTY JAIL

This Resolution was given first title reading.

A motion was made by Mrs. Baker to suspend the rules requiring three readings. Motion seconded by Mr. Harrah.
Yes: Clark, Douglas, Baker, Harrah, Mercer, Kendall and Saxton.
No: None
Mrs. Baker moved for adoption. Motion seconded by Mr. Kendall.
Yes: Douglas, Baker, Harrah, Mercer, Kendall, Saxton and Clark.
No: None. RESOLUTION ADOPTED


RESOLUTION NO R-55-06
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.

A motion was made by Mr. Clark to suspend the rules requiring three readings. Motion seconded by Mr. Kendall.
Yes: Baker, Harrah, Mercer, Kendall, Saxton, Clark and Douglas.
No: None
Mr. Clark moved for adoption. Motion seconded by Mr. Harrah.
Yes: Harrah, Mercer, Kendall, Saxton, Clark, Douglas and Baker.
No: None. RESOLUTION ADOPTED


RESOLUTION NO R-56-06
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.

A motion was made by Mr. Harrah to suspend the rules requiring three readings. Motion seconded by Mr. Clark.
Yes: Mercer, Kendall, Saxton, Clark, Douglas, Baker and Harrah.
No: None
Mr. Kendall moved for adoption. Motion seconded by Mr. Mercer.
Yes: Kendall, Saxton, Clark, Douglas, Baker, Harrah and Mercer.
No: None. RESOLUTION ADOPTED


RESOLUTION NO R-57-06
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.

A motion was made by Mrs. Baker to suspend the rules requiring three readings. Motion seconded by Mr. Clark.
Yes: Saxton, Clark, Douglas, Baker, Harrah, Mercer and Kendall.
No: None
Mr. Douglas moved for adoption. Motion seconded by Mr. Harrah.
Yes: Clark, Douglas, Baker, Harrah, Mercer, Kendall and Saxton.
No: None. RESOLUTION ADOPTED

November 20, 2006 Page Four


RESOLUTION NO R-58-06
RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT FOR THE EMPLOYMENT OF THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO AND DECLARING AN EMERGENCY

This Resolution was given first title reading.

A motion was made by Mr. Harrah to suspend the rules requiring three readings. Motion seconded by Mr. Clark.
Yes: Douglas, Baker, Harrah, Mercer, Kendall, Saxton and Clark.
No: None
Mr. Harrah moved for adoption. Motion seconded by Mrs. Saxton.
Yes: Baker, Harrah, Mercer, Kendall, Saxton, Clark and Douglas.
No: None. RESOLUTION ADOPTED

ORDINANCE NO. O-39-06
ORDINANCE AMENDING SECTION 935.07 OF THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO RELATING TO CEMETERY FEES.

This Ordinance was given first title reading on November 6, 2006.
Given second title reading.

A motion was made by Mrs. Baker to suspend the rules requiring three readings. Motion seconded by Mr. Clark.
Yes: Harrah, Mercer, Kendall, Saxton, Clark, Douglas and Baker.
No: None
Mr. Kendall moved for adoption. Motion seconded by Mr. Harrah.
Yes: Mercer, Kendall, Saxton, Clark, Douglas, Baker and Harrah.
No: None. ORDINANCE ADOPTED

ORDINANCE NO. O-40-06
AN AMENDED ORDINANCE AMENDING SECTION 1000.10684 OF THE ZONING CODE OF THE CITY OF TROY REGARDING SETBACK REQUIREMENTS FOR ZONING DISTRICT R-3-B SINGLE-FAMILY RESIDENCE DISTRICT

This Ordinance was given first title reading on November 6, 2006.
Given second title reading.

A motion was made by Mrs. Saxton to suspend the rules requiring three readings. Motion seconded by Mr. Kendall.
Yes: Kendall, Saxton, Clark, Douglas, Baker, Harrah and Mercer.
No: None
Mrs. Saxton moved for adoption. Motion seconded by Mr. Mercer.
Yes: Saxton, Clark, Douglas, Baker, Harrah, Mercer and Kendall.
No: None. ORDINANCE ADOPTED

ORDINANCE NO. O-41-06
AN ORDINANCE AMENDING SECTION 521.11 (b)(1) OF THE ZONING CODE OF THE CITY OF TROY, OHIO REGARDING NOXIOUS WEEDS ON PRIVATE PROPERTY

This Ordinance was given first title reading.


COMMENTS OF MAYOR. The Mayor commented that:
- Becky Pierce has been appointed to the Board of Park Commissioners to replace Ruth Barney.
- GOBA will be returning to Troy June 20 and 21, 2006.
- Captain Chuck Adams has been selected to attend the FBI Academy for the period of 1-27-07 to 3-16-07, the
first of Troy’s command staff to attend this Academy. Captain Adams thanked the City for the opportunity.
- The Mayor introduced Patrick E J Titterington, who will be appointed Director of Public Service and Safety as of
January 2. Mr. Titterington expressed his appreciation for the appointment, noting he understands that team effort, communication and accountability will be a focus.

November 20, 2006 Page Five


COMMENTS OF INTERIM DIRECTOR OF PUBLIC SERVICE AND SAFETY. Mr. Haddad commented:
- Introduced Thomas Funderburg, appointed as Human Resources effective November 20, 2006 and expressed appreciation to Mark Cundiff who had been supervising both the human resources and planning efforts and who is now Director of Planning.
- Advised that Peters Rd. will be closed for about six months as part of the Peters Road OPWC improvement.

COMMENTS OF COUNCIL:
- Members of Council welcomed Mr. Funderburg and Mr. Titterington.
- Members of Council noted the recent Veterans Day ceremonies and dedication of the Troy Junior Girls Canteen Historic Marker.
- Mr. Kendall commented that he was pleased GOBA is coming back to Troy so soon, and that the community will realize about $180,000 in revenue during the two day GOBA event.
- Mrs. Saxton commented that it is estimated that the use of the dura patcher roadway equipment saved the City about $40,000 on 219 roadway repairs. To Mr. Conard, Mrs. Saxton stated that decisions are not always easy and sometimes issues must be considered again.
- Mr. Mercer thanked Steve Bruns for the development/renovation of the former K-Mart property. He also noted that the volunteers of Operation Safeguard continue to donate their work on the I-75/SR 41 interchange, with the group donating over $45,000 in services.
- Mrs. Baker stated she was pleased to see that Capt. Adams will be attending the FBI Academy and asked how his duties will be handled during the 10 weeks of the training. Chief Phelps replied that he will be handling much of Capt. Adams’ duties, with some additional work absorbed by the other Captains and the Sergeants. Mrs. Baker asked Chief Phelps to review the planned closing of the Police Station lobby in January. The Chief stated the lobby will be closed on weekends and after 5 p.m., that there is a direct phone connection to 911 Dispatch for persons coming to the lobby needing assistance, this will put police officers on the street more hours, and there is a dollar savings as the LEADS system will be monitored by 911 Dispatch.

AUDIENCE COMMENTS:
-Deborah Stichter, 467 W. Staunton Road, stated she felt this meeting would have beneficial for televising.
-Lester Conard, 1210 S. Clay Street, stated the purpose of his earlier comments was that he feels Council needs to do better research and follow through.


There being no further business, the meeting adjourned at 9:16 p.m.




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President of Council                               Clerk of Council