(return to 2006 Minutes)

December 4, 2006

MINUTES OF COUNCIL


A regular session of Troy City Council was held Monday, December 4, 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: Arthur D. Haddad, Interim Director of Public Service and Safety
Richard L. Cultice, City Auditor

INVOCATION: An invocation was given by Council Member Baker.

MINUTES: The Clerk gave a summary of the minutes of the November 20 meeting of Troy City Council. There were no corrections or additions to those minutes. A motion was made by Mr. Harrah, seconded by Mr. Clark, to approve the minutes. Motion passed by unanimous roll call vote.

COMMITTEE REPORTS:
FINANCE COMMITTEE. Mr. Mercer, Chairman, reported as follows: 1) Committee recommends emergency legislation be prepared authorizing the Director of Public Service and Safety to enter into an agreement for funding participation for the Miami County Transit System for 2007 in the amount of $40,000. Committee noted that a Steering Committee of the City Managers of Tipp City and Piqua and Troy’s Service and Safety Director, along with County representatives, has been formed to further review the future of the transit system.
2) Committee recommends legislation be prepared authorizing 2007 funding for the Troy Development
Council of $140,000 ($120,000 from the General Fund, $10,000 each Water and Sewer Funds) and the 2007 funding for Troy Main Street of $91,000. Committee noted that a recommendation of the funding for Public Television Communications Center will be further discussed.
Reports signed by Douglas, Kendall and Mercer.

LAW & ORDINANCE COMMITTEE. Mrs. Saxton, Chairman, reported as follows: 1) Committee recommends that the three pieces of legislation regarding the acceptance of the Staunton Grange (services, buffering and consent) be presented as emergency measures due to the time frame these matters must be considered with the annexation filed as expedited.
2) Committee recommends legislation be prepared for the final approval of the Westfall-Weaver Annexation of 1.2845 acres in Staunton Township.
Reports signed by Douglas, Mercer and Saxton.

PERSONNEL COMMITTEE. Mr. Kendall, Chairman, reported as follows: 1) Committee recommends that emergency legislation be prepared regarding the following personnel related items:
- Establishing the employee contribution for group health insurance  for non-bargaining unit employees/FLSA exempt employees at 12% of premium for years 2007 through 2009.
- Authorizing the clothing maintenance allowance of $175 per quarter for the following employees:
        Foremen of the AFSCME Departments and Divisions
        Superintendents:  Cemetery, Water Plant, Waste Water Plant, Park
        Operations Superintendent
        Municipal Building Custodian
        Miami Shores staff excluding Director of Golf
- Provide that the Chief of Police is permitted to carry over up to  $500 of clothing allowance into another year, and be granted $900 for the purchase of a bullet resistant vest with the vest replaced based on the manufacturer's warranty (approximately every four to five years). 
- Increasing the salaries and wages for the non-bargaining unit employees by 3.5% for 2007, 3.5% for 2008 and  3.0% for 2009, consistent with wage adjustments provided for in the bargaining unit agreements. Committee also recommended future consideration of a system that would provide for salary adjustments for this group of non-bargaining unit employees based on evaluations and merit.
- Adjusting the salary ranges for employees exempt from the provisions of FLSA by 3.5% for 2007, 3.5% for 2008 and  3.0% for 2009.
- The bonus provision for FLSA exempt employees be removed.    There could be a consideration to reinstate the provision in the future if less subjective criteria for the granting of a bonus could be established.

December 4, 2006 Page Two

- That the lower tier laborer positions at the Miami Shores Golf Course receive the same dollar increase for years 2007 through 2009 as is received by the higher tier laborer positions. (The current laborer positions at the Hobart Arena will be discussed in another report.)
- To document the wages of bargaining unit employees, we recommend that the salaries of bargaining unit employees also be set forth in Ordinance form.

Committee noted that Chapter 141 of the Codified Ordinances (benefits provision) is being reviewed by staff and further legislation may be in order to assure consistency in the provisions where appropriate. This legislation will likely be presented early in 2007.

2) Regarding the maintenance staffing of the Hobart Arena, Committee recommends emergency legislation be prepared to add a new Hobart Arena position of Operations Manager, grandfather the current maintenance staff positions, create the new positions of Facility Operator 2 and Facility Operator 1, and no longer include the laborer position. The current laborer position will be reclassified as Facilities Operator 1. Part-time, seasonal and overtime costs will be cut. Committee commented that there will still be about 1,000 hours annually when the maintenance staffing level will be one person. However, both the Recreation Director and Assistant Recreation Director indicated that approving these recommendations will be a significant step in addressing the staffing issues. This recommendation was made to reduce the number of hours in a week that the Arena is understaffed and provide a working supervisor to supervise all the maintenance staff. (Copy of original report attached to original minutes.)
Report signed by Clark, Harrah and Kendall.

SAFETY AND HEALTH COMMITTEE. Mr. Harrah, Chairman, reported as follows: 1) Committee recommends legislation be prepared authorizing the 2007 funding for the Miami County Health District in the amount of $305,995.48. Committee also recommended that for 2010 the City should consider becoming part of the County wide health levee as the funding would then be paid through the property tax and not a charge to the General Fund. 2) Committee recommends emergency legislation be prepared providing for three-year agreements with Staunton and Concord Townships with the City to receive the following payments for the Fire and EMS Services:

Concord Twp. Staunton Twp.
2007 $295,287 $ 94,709
2008 $303,555 $ 97,361
2009 $312,055 $100,087

The 2007 funding was based on updating the formula established for 2006, with the current Midwest CPI of 2.8% applied for 2008 and 2009. Committee noted that if the CPI increases further, this could again be considered and commented that the City also received ambulance fees from the users of the EMS services who live in the Townships.
Report signed by Baker, Saxton and Harrah

Audience Comments on Committee Reports and Agenda – None

RESOLUTION NO R-59-06
RESOLUTION ESTABLISHING EMPLOYEE CONTRIBUTIONS TOWARDS 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.

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

RESOLUTION NO R-60-06
RESOLUTION APPROVING FUNDING TO TROY MAIN STREET, INC.

This Resolution was given first title reading.

December 4, 2006 Page Three

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

RESOLUTION NO R-61-06
RESOLUTION AUTHORIZING THE CITY OF TROY, OHIO TO THE TROY DEVELOPMENT COUNCIL FOR ECONOMIC DEVELOPMENT FOR THE CITY OF TROY

This Resolution was given first title reading.

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

RESOLUTION NO R-62-06
RESOLUTION AUTHORIZING A CONTRACT WITH CONCORD TOWNSHIP TO PROVIDE FIRE AND EMS PROTECTION 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 Mrs. Baker.
Yes: Clark, Harrah, Baker, Douglas, Mercer, Saxton and Kendall.
No: None.
Mrs. Baker moved for adoption. Motion seconded by Mr. Harrah.
Yes: Harrah, Baker, Douglas, Mercer, Saxton, Kendall and Clark.
No: None. RESOLUTION ADOPTED

RESOLUTION NO R-63-06
RESOLUTION AUTHORIZING A CONTRACT WITH STAUNTON TOWNSHIP TO PROVIDE FIRE AND EMS PROTECTION 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 Mrs. Saxton.
Yes: Baker, Douglas, Mercer, Saxton, Kendall, Clark and Harrah.
No: None
Mr. Kendall moved for adoption. Motion seconded by Mr. Harrah.
Yes: Douglas, Mercer, Saxton, Kendall, Clark, Harrah and Baker.
No: None. RESOLUTION ADOPTED

RESOLUTION NO R-64-06
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO AN AGREEMENT WITH THE MIAMI COUNTY GENERAL HEALTH DISTRICT FOR HEALTH SERVICES

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, Saxton, Kendall, Clark, Harrah, Baker and Douglas.
No: None
Mrs. Saxton moved for adoption. Motion seconded by Mr. Harrah.
Yes: Saxton, Kendall, Clark, Harrah, Baker, Douglas and Mercer.
No: None. RESOLUTION ADOPTED

December 4, 2006 Page Four

RESOLUTION NO R-65-06
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE BOARD OF MIAMI COUNTY COMMISSIONERS CONCERNING THE MIAMI COUNTY TRANSIT SYSTEM AND DECLARING AN EMERGENCY

This Resolution was given first title reading.

A motion was made by Mr. Kendall to suspend the rules requiring three readings. Motion seconded by Mr. Clark.
Yes: Kendall, Clark, Harrah, Baker, Douglas, Mercer and Saxton.
No: None
Mr. Saxton moved for adoption. Motion seconded by Mrs. Baker.
Yes: Clark, Harrah, Baker, Douglas, Mercer, Saxton and Kendall.
No: None. RESOLUTION 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 on November 20, 2006.
Given second title reading.

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

ORDINANCE NO. O-42-06
ORDINANCE ESTABLISHING MUNICIPAL SERVICES FOR CERTAIN TERRITORY CONTAINING 1.005 ACRES, MORE OR LESS, IN STAUNTON TOWNSHIP, IN THE CITY OF TROY, OHIO AND DECLAWRING AN EMERGENCY

This Ordinance 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: Douglas, Mercer, Saxton, Kendall, Clark, Harrah and Baker.
No: None
Mr. Clark moved for adoption. Motion seconded by Mr. Douglas.
Yes: Mercer, Saxton, Kendall, Clark, Harrah and Baker and Douglas.
No: None. ORDINANCE ADOPTED

ORDINANCE NO. O-43-06
ORDINANCE ESTABLISHING BUFFER REQUIREMENTS FOR CERTAIN TERRITORY CONTAINING 1.005 ACRES, MORE OR LESS, IN STAUNTON TOWNSHIP, IN THE CITY OF TROY, OHIO AND DECLAWRING AN EMERGENCY

This Ordinance was given first title reading.

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

December 4, 2006 Page Five

ORDINANCE NO. O-44-06
ORDINANCE CONSENTING TO THE ANNEXATION OF CERTAIN TERRITORY CONTAINING 1.005 ACRES, MORE OR LESS, IN STAUNTON TOWNSHIP, TO THE CITY OF TROY, OHIO AND DECLAWRING AN EMERGENCY

This Ordinance was given first title reading.

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

ORDINANCE NO. O-45-06
ORDINANCE TO ACCEPT THE APPLICATION FOR THE ANNEXATION OF CERTAIN TERRITORY CONTAINING 1.2845 ACRES, MORE OR LESS, IN STAUNTON TOWNSHIP, TO THE CITY OF TROY, OHIO

This Ordinance was given first title reading.

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


COMMENTS OF COUNCIL:
Mr. Harrah congratulated the Piqua Football Team for winning State Championship, and thanked City Staff for all the preparations for the Christmas Tree lighting.

AUDIENCE COMMENTS.
Jerry Stichter, 467 W. Staunton Road, commented that the Council meeting was taped, and asked for the number of employees who do not live in the City.

Deb Matthews, President of Troy Main Street, thanked the City for the funding approval and noted that Main Street will hold their second annual meeting on Jan. 30.



There being no further business, the meeting adjourned at 8:00 p.m.




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President of Council                                             Clerk of Council