(return to 2006 Minutes)

December 18, 2006

MINUTES OF COUNCIL

A regular session of Troy City Council was held Monday, December 18, 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
Richard L. Cultice, City Auditor
W. McGregor Dixon, Jr., Director of Law

INVOCATION: An invocation was given by Mayor Beamish

MINUTES: The Clerk gave a summary of the minutes of the December 4, 2006 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:
BUILDINGS, STREETS & SIDEWALKS COMMITTEE: Mr. Douglas, Chairman, reported that Committee recommends emergency legislation be prepared consenting to ODOT improving the bridge structure at SR 41 and I-75.
Report signed by Clark, Kendall and Douglas.

FINANCE COMMITTEE. Mr. Mercer, Chairman, reported as follows:
1) Committee recommends the 2007 budget be approved by the preparation of the appropriation Ordinance as an emergency measure.
2) Committee recommends legislation be prepared authorizing electric improvements and water line improvements for the levee between Adams Street and Market Street, including new decorative lighting, at a cost not to exceed $410,000.
Discussion. Mr. Harrah asked about the length of the construction and the construction interference with summer events. Mr. Mercer and Mr. Haddad explained that the project is being proposed for authorization now so that the work is complete by early May and before most projects are scheduled for the levee area.
3) Committee recommends legislation be prepared authorizing the 2007 funding for Public Television Communications Center based on the policy of funding at 95% of the estimated franchise fee revenues and authorizing the 2007 funding for the Troy Recreation Association in the amount of $39,000,
Reports signed by Douglas, Kendall and Mercer.

LAW & ORDINANCE COMMITTEE. Mrs. Saxton, Chairman, reported as follows:
1) Committee recommends legislation be prepared approving the Trader Annexation (6.0159 acres at 1415 S. Market Street and 41 Dye Mill Road).
2) Committee recommends that legislation be prepared approving the petition of St. Patrick Church for the partial vacation of the east-west alley from Crawford Street to New Street and the dedication of a new alley segment from generally behind 431 E. Main Street to E. Water Street.
Reports signed by Douglas, Mercer and Saxton.
Discussion. Mrs. Baker was advised by Mr. Dixon that as a member if the church petitioning for the alley vacation/ dedication, she need not abstain on voting on this issue.

PERSONNEL COMMITTEE. Mr. Kendall, Chairman, reported as follows:
1) Committee had discussed that the most recent legislation extending military leave benefits had expired. These benefits had been extended following September 11, 2001. However, as there are military leave benefits in place consistent with Federal Law and there are no City of Troy employees on active military duty status at this time, Committee did not recommend that these benefits be further extended. Committee noted that should there be reason to consider extended benefits in the future; the matter could be considered at that time.
2) Committee recommends legislation be prepared adjusting wages of part-time and seasonal positions for 2007 through 2009. Committee recommended the legislation be an emergency measure so that the adjusted salaries are in place January 1, 2007.
Reports signed by Clark, Harrah and Kendall.

December 18, 2006 Page Two

SAFETY & HEALTH COMMITTEE: Mr. Harrah, Chairman, recommended that ambulance fees be adjusted to reflect the Jan. 1, 2007 Medicare reimbursable rate for Ambulance/EMS services as follows:

CURRENT NEW
Basic Life Support (BLS) $338 $361
Advanced Life Support (ALS) #1 $683 $730
Advanced Life Support (ALS) #2 $751 $803
Loaded Mile Charge $10.00 $10.25
Report signed by Baker, Saxton and Harrah.

Audience Comments on Committee Reports and Agenda – None

RESOLUTION NO R-66-06
RESOLUTION AUTHORIZING THE BOARD OF RECREATION OF THE CITY OF TROY, OHIO, TO ENTER INTO A CONTRACT WITH THE TROY RECREATION ASSOCIATION, INC. FOR RECREATION SERVICES

This Resolution was given first title reading.

A motion was made by Mr. Mercer to suspend the rules requiring three readings. Motion seconded by Mrs. Saxton.
Yes: Saxton, Douglas, Kendall, Baker, Harrah and Mercer.
No: None.
Abstain: Clark (as a member of the Troy Recreation Association Board)
Mr. Mercer moved for adoption. Motion seconded by Mrs. Saxton.
Yes: Saxton, Douglas, Kendall, Baker, Harrah and Mercer
No: None.
Abstain: Clark (as a member of the Troy Recreation Association Board.)
RESOLUTION ADOPTED
RESOLUTION NO R-67-06
RESOLUTION ALLOCATING FUNDS FOR PUBLIC TELEVISION COMMUNICATIONS CENTER FOR THE YEAR 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 Mr. Harrah.
Yes: Douglas, Kendall, Baker, Harrah, Mercer, Clark and Saxton.
No: None.
Mr. Mercer moved for adoption. Motion seconded by Mr. Douglas.
Yes: Kendall, Baker, Harrah, Mercer, Clark, Saxton and Douglas.
No: None. RESOLUTION ADOPTED

RESOLUTION NO R-68-06
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 ELECTRIC IMPROVEMENTS, WATER LINE IMPROVEMENTS, AND DECORATIVE LIGHTING FOR THE LEVEE IMPROVEMENT PROJECT

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

RESOLUTION NO R-69-06
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. – SERGEANTS AND DECLARING AN EMERGENCY

This Resolution was given first title reading.
December 18, 2006 Page Three


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


ORDINANCE NO. O-46-06
ORDINANCE AMENDING ORDINANCE NOL O-41-05, APPROPRIATING FUNDS NECESSARY FOR THE VARIOUS DEPARTMENTS AND OFFICES OF THE CITY OF TROY, OHIO, FOR THE YEAR 2006 AND DECLARING 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: Saxton, Douglas, Kendall, Baker, Harrah, Mercer and Clark.
No: None
Mrs. Saxton moved for adoption. Motion seconded by Mr. Harrah.
Yes: Douglas, Kendall, Baker, Harrah, Mercer, Clark and Saxton.
No: None. ORDINANCE ADOPTED


ORDINANCE NO. O-47-06
ORDINANCE APPROPRIATING FUNDS NECESSARY FOR THE VARIOUS DEPARTMENTS AND OFFICES OF THE CITY OF TROY, OHIO, FOR THE YEAR 2007 AND DECLARING 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 Mr. Kendall.
Yes: Saxton, Douglas, Kendall, Baker, Harrah, Mercer and Clark.
No: None.
Mrs. Saxton moved for adoption. Motion seconded by Mr. Mercer.
Yes: Douglas, Kendall, Baker, Harrah, Mercer, Clark and Saxton.
No: None. ORDINANCE ADOPTED


ORDINANCE NO. O-48-06
ORDINANCE FIXING SALARIES AND WAGES OF CERTAIN EMPLOYEES OF THE CITY OF TROY, OHIO AND DECLARING 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: Kendall, Baker, Harrah, Mercer, Clark, Saxton and Douglas.
No: None.
Mrs. Saxton moved for adoption. Motion seconded by Mr. Mercer.
Yes: Baker, Harrah, Mercer, Clark, Saxton, Douglas and Kendall.
No: None. ORDINANCE ADOPTED

ORDINANCE NO. O-49-06
ORDINANCE FIXING SALARIES AND WAGES OF CERTAIN EMPLOYEES OF THE CITY OF TROY, OHIO, AND DECLARING AN EMERGENCY

This Ordinance was given first title reading.




December 18, 2006 Page Four


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


ORDINANCE NO. O-50-06
ORDINANCE FIXING SALARIES OF CERTAIN EMPLOYEES OF THE CITY OF TROY, OHIO, AND DECLARING 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. Saxton.
Yes: Clark, Saxton, Douglas, Kendall, Baker, Harrah and Mercer.
No: None.
Mr. Kendall moved for adoption. Motion seconded by Mr. Mercer.
Yes: Saxton, Douglas, Kendall, Baker, Harrah, Mercer and Clark.
No: None. ORDINANCE ADOPTED


ORDINANCE NO. O-51-06
ORDINANCE FIXING SALARIES AND WAGES OF CERTAIN EMPLOYEES OF THE CITY OF TROY, OHIO AND DECLARING 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. Saxton.
Yes: Douglas, Kendall, Baker, Harrah, Mercer, Clark and Saxton.
No: None.
Mrs. Baker moved for adoption. Motion seconded by Mr. Clark.
Yes: Kendall, Baker, Harrah, Mercer, Clark, Saxton and Douglas.
No: None. ORDINANCE ADOPTED


ORDINANCE NO. O-52-06
ORDINANCE AMENDING SECTIONS 141.30 (a) AND 141.32 OF THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO, RELATED TO EMPLOYEE BENEFITS, AND DECLARING 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: Baker, Harrah, Mercer, Clark, Saxton, Douglas and Kendall.
No: None.
Mrs. Saxton moved for adoption. Motion seconded by Mr. Mercer.
Yes: Harrah, Mercer, Clark, Saxton, Douglas, Kendall and Baker.
No: None. ORDINANCE ADOPTED


ORDINANCE NO. O-53-06
ORDINANCE VACATING PART OF THE ALLEY BEHIND ST. PATRICK’S CHURCH BETWEEN NEW STREET AND CRAWFORD STREET AND DEDICATING A NEW SEGMENT OF ALLEY BETWEEN THAT ALLEY AND EAST WATER STREET IN THE CITY OF TROY, OHIO

This Ordinance was given first title reading.




December 18, 2006 Page Five


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

ORDINANCE NO. O-54-06
AN ORDINANCE REPEALING CHAPTER 555 OF THE CODIFIED ORINANCES OF THE CITY OF TROY, OHIO REGARDING SMOKING IN MUNICIPAL OWNED FACILITIES

This Ordinance was given first title reading.

Discussion. Mr. Dixon suggested Council not enact the Ordinance at this time. He noted that the Ordinance was proposed as Troy’s current Ordinance regarding no smoking areas does not conform to the State Law prohibiting smoking in public building and places of employment, among other defined areas. However, the regulations regarding no smoking are not yet in place and many law enforcement agencies are not enforcing the no smoking law without the regulations. As Troy’s current Ordinance can be enforced, Mr. Dixon stated he wished to further review the matter to determine if repealing existing Ordinances would create a situation where no smoking provisions were not being enforced at all.

ORDINANCE NO. O-55-06
ORDINANCE TO ACCEPT THE APPLICATION FOR THE ANNEXATION OF CERTAIN TERRITORY CONTINING 6.0159 ACRES, MORE OR LESS, IN CONCORD TOWNSHIP, TO THE CITY OF TROY, OHIO

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

ORDINANCE NO. O-56-06
AN ORDINANCE AUTHORIZING COOPERATION WITH THE OHIO DEPARTMENT OF TRANSPORTATION FOR WORK ON THE SR41/I-75 BRIDGE AND DECLARING AN EMERGENCY

This Ordinance was given first title reading.

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

COMMENTS OF THE MAYOR. Mayor Beamish listed some “joys of the season”, including that Troy’s Christmas Tree was nominated as one of the best in the area, a number of activities are planned for the First Night Celebration on December 31, the Troy United Way exceeded their goal by nearly $150,000, and the volunteers of Operation Cloverleaf continue to donate time and staff to keep the I-75/SR 41 interchange one of the most attractive interchanges. The Mayor commented that newly appointed Fire Chief Christopher Boehringer was present.

December 18, 2006 Page Six

COMMENTS OF INTERIM DIRECTOR OF PUBLIC SERVICE AND SAFETY. Mr. Haddad commented that Matt Simmons has been appointed as the new Assistant Fire Chief.

Mr. Haddad stated that this was his final Council meeting as Interim Director of Public Service and Safety. He stated that he was pleased that he could once again serve the City, and stated that he has had incredible support from the Mayor, members of Council, elected officials, and the staff.

COMMENTS OF CITY AUDITOR. Mr. Cultice thanked all involved in the budget process.

COMMENTS OF THE PRESIDENT OF COUNCIL. Mr. Lohrer thanked Mr. Haddad for his service to the City, and commended the Finance Committee and City Auditor for the work on the budget.

COMMENTS OF COUNCIL: Members of Council expressed their appreciation to Mr. Haddad for his eight months of service as Interim Director of Public Service and Safety. Comments included that Mr. Haddad’s approach has been refreshing, he brought much respect to the position, he had a perspective for the position and the City that no one else would have had, and he brought credibility to the position.

Mr. Mercer noted that the lawn care companies that volunteer as Operation Cloverleaf and maintain the I-75/SR 41 interchange at no cost take care of 18 acres and have provided $40,000 worth of services. Mr. Mercer stated that the companies plan to continue the work next year.

Mr. Clark stated that while it was reported that he had made a decision as to a vote on the pending Honey Creek PD, he would actually make a decision after hearing all the facts.

Mrs. Saxton commented that she had calls that during a recent icy road event the City did not treat the roads. Mr. Haddad stated that was not correct, but there was a time frame for the ice treatment to work and the roads become dry.


STAFF COMMENTS. City Engineer Deborah Swan provided an update on Fire Station 2, stating the project continues to be under the budget and is somewhat ahead of schedule.


AUDIENCE COMMENTS. Lester Conard, 1210 S. Clay Street, stated he was glad the term Christmas Tree is being used for the tree on the Square.

Michael Burkholder, 465 W. Staunton Road, stated he assumes the Adams Street Bridge is planned for replacement because it needs to be replaced, and he feels the goals for the new Adams Street Bridge should be for a long life, low maintenance and not cost very much (not add cost for appearance), and eliminate the bike path on the side of the driving lanes. Mr. Haddad stated that the current bridge is about 75 years old, it does need to be replaced, the current design of reinforced concrete may not last as long as some other materials, the elimination of the bike path would actually gut the bikeway system, if there is not a bike path the funding for the bike path would not be received, the bridge is the responsibility of the County, the City is involved because of the multi-functions of the bridge and not just aesthetics, there has been a community indication that the new bridge façade should duplicate the current design, and while the design has commenced, construction is some years away.


There being no further business, the meeting adjourned at 8:22 p.m.



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President of Council                                      Clerk of Council