Troy, Ohio - USA - Council Minutes

October 1, 2007

MINUTES OF COUNCIL

A regular session of Troy City Council was held Monday, October 1, 2007 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

Others Present: Michael L. Beamish, Mayor
W. McGregor Dixon, Jr., Director of Law
Richard L. Cultice, Auditor

INVOCATION: An invocation was given by Council Member Clark.

INTRODUCTIONS. Outgoing and new members of the Mayors Youth Council were introduced.

MINUTES: The Clerk gave a summary of the minutes of the September 17, 2007 meeting of Troy City Council. There were no corrections or additions to these minutes. A motion was made by Mrs. Saxton, seconded by Mr. Clark, to approve these minutes. Motion passed by unanimous roll call vote.

COMMITTEE REPORTS:
BUILDINGS, STREETS & SIDEWALKS COMMITTEE: Mr. Douglas, Chairman, reported as follows: 1) Committee recommends legislation be prepared authorizing a cooperative agreement/payment to Miami County in an amount not to exceed $28,000 for areas within (at the edge of) the City limits that the County included in its paving program.
2) Committee recommends the emergency preliminary consent legislation requested by the Ohio Department of Transportation be approved regarding the Adams Street Bridge Replacement Project. Committee noted this is requested so that the project will be in the ODOT schedule, but is in no way related to the design or aesthetics of the bridge replacement, but does indicate that any enhancements or aesthetics requested by the City would be funded by the City.
Report signed by Clark, Kendall and Douglas.

LAW & ORDINANCE COMMITTEE:
Mrs. Saxton, Chairman, reported as follows: 1) Committee recommends legislation be prepared to accept the final plat of the Trader Corner Development.
2) Committee recommends legislation be prepared for the adoption of the City’s Public Records Policy, with the legislation to be an emergency measure in that the new state law (HB 9) is effective September 29, 2007.
3) Committee recommends Ordinance No. O-50-2007 (the Summerfield PD) be approved as an amended ordinance to include a recommendation of the developer that the legislation contain a provision that there will not be a house constructed on the site prior to three years from the effective date of the Ordinance. Committee commented that the developer suggested this to address citizen statements regarding too rapid of growth.
Reports signed by Douglas, Mercer and Saxton

PERSONNEL COMMITTEE.
Mr. Kendall, Chairman, reported on the following:
-Recommendation that the vacant Foreman position in Refuse Collection & Disposal Division be abolished, the responsibilities added to the duties of the Street Foreman position, and the salary of the Street Foreman position be slightly adjusted in light of new duties outside the position description.
-Recommendation that the vacant Foreman positions is Water Distribution and Sewer Maintenance be abolished and a new Utilities Foreman position be created over both divisions.
-Recommendation that when the incumbent Fiscal Supervisor retires, the compensation for the position be adjusted from MGT-6 to MGT-4.
-That the secretary position in the Development Office be abolished and the incumbent in that position be transferred to a vacant clerk-cashier position in the Billing & Collection Office, with the compensation grandfathered at the incumbent’s rate while that incumbent remains in the clerk-cashier position. The Clerk in the Planning Office will assist with work in the Development Office. The City will consider using interns and part-time clerical support to assist with workloads within the Planning and Development Offices.
-That the intern positions have five steps starting at $10 an hour, rather than the current starting rate of $13.30 per hour.
It was noted that these recommendations were a result of the City looking at cost cutting measures and that salary legislation would be presented as an emergency measure.
Report signed by Clark, Harrah and Kendall.
October 1, 2007 Page Two

COMMENTS REGARDING COMMITTEE REPORTS OR AGENDA ITEMS.
-Lester Conard, 1210 S. Clay Street, commented that persons he had talked to did not want to pay for an enhanced Adams Street Bridge and preferred a style similar to the bridge on SR 41; and he asked Council not to approve the Summerfield Planned Development (O-50-2007) as this development has been the subject of prior referendums against development and he felt the developer had strong-armed or intimidated those who had opposed development of this land in the past.
-Jerry Stichter, 467 W. Staunton Road, stated he read that a Planned Development had to start in one year and that seemed to conflict with a three year delay suggested by the developer. Mr. Dixon clarified that there had to be some action on the ground within a year, but that did not mean a house had to be constructed. Mr. Stichter asked Council to delay voting on O-50-2007 so that there could be public comment on the developer’s proposal that no house would be constructed within the development for three years.
-Jose Lopez, attorney with offices at 18 E. Water, stated he was the only person authorized to speak on behalf of a group of citizens who had previously opposed development on the land covered by O-50-2007, and those citizens do not oppose the development, they had input into the plan now before Council, those citizens will not initiate, participate in or encourage a referendum on the development, and those citizens are comfortable that Council will do what is in the best interest of the community.

RESOLUTION NO. R-44-2007
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO AN AGREEMENT WITH MIAMI COUNTY FOR REIMBURSEMENT FOR PAVING WORK PERFORMED BY THE COUNTY

This Resolution was given first title reading.

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

ORDINANCE NO. O-50-2007
AN AMENDED ORDINANCE CHANGING THE ZONING OF INLOT 9304 IN THE CITY OF TROY, OHIO FROM MIAMI COUNTY ZONING A-1, DOMESTIC AGRICULTURE DISTRICT, AND A-2, GENERAL AGRICULTURE DISTRICT, AND ADOPTING A CITY ZONED PLANNED DEVELOPMENT

This Ordinance was given first title reading on July 16, 2007.
Given public hearing and second title reading on August 6, 2007.
Given third title reading on September 4, 2007.
Given fourth title reading on September 17, 2007.
Given fifth title reading.

ORDINANCE NO. O-61-2007
ORDINANCE ACCEPTING THE FINAL PLAT OF PLEASANT VIEW ESTATES SECTION FOUR IN THE CITY OF TROY, OHIO, AND DEDICATING RIGHT-OF-WAY

This Ordinance was given first title reading on September 17, 2007.
Given second title reading.

ORDINANCE NO. O-62-2007
AN ORDINANCE ADOPOTING A PUBLIC RECORDS POLICY FOR THE CITY OF TROY, OHIO AND DECLARING AN EMERGENCY

This Ordinance was given first title reading.
October 1, 2007 Page Three

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

ORDINANCE NO. O-63-2007
AN ORDINANCE OF CONSENT ONLY BY THE CITY OF TROY, OHIO WITH THE OHIO DEPARTMENT OF TRANSPORTATION REGARDING THE ADAMS STREET BRIDGE PROJECT AND DECLARING AN EMERGENCY

This Ordinance was given first title reading.

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

ORDINANCE NO. O-64-2007
ORDINANCE AMENDING ORDINANCE NO. O-50-06, ESTABLISHING SALARIES AND WAGES OF CERTAIN EMPLOYEES OF THE CITY OF TROY, OHIO AND DECLARING AN EMERGENCY

This Ordinance was given first title reading.

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

ORDINANCE NO. O-65-2007
ORDINANCE AMENDING ORDINANCE NO. O-49-06, AS AMENDED BY ORDINANCE NO. O-40-2007, FIXING
SALARIES AND WAGES OF CERTAIN EMPLOYEES OF THE CITY OF TROY, OHIO AND DECLARING AN EMERGENCY

This Ordinance was given first title reading.

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

ORDINANCE NO. O-66-2007
ORDINANCE AMENDING ORDINANCE NO. O-48-06, AS AMENDED BY ORDINANCE NO. O-40-2007, FIXING
SALARIES AND WAGES OF CERTAIN EMPLOYEES OF THE CITY OF TROY, OHIO AND DECLARING AN EMERGENCY

This Ordinance was given first title reading.
October 1, 2007 Page Four

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

ORDINANCE NO. O-67-2007
ORDINANCE AMENDING ORDINANCE NO. O-48-06, AS AMENDED BY ORDINANCE NO. O-40-2007 AND ORDIANCE NO. O-66-2007. 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. Harrah.
Yes: Baker, Kendall, Clark, Harrah, Mercer, Douglas and Saxton.
No: None.
Mr. Kendall moved for adoption. Motion seconded by Mr. Harrah.
Yes: Kendall, Clark, Harrah, Mercer, Douglas, Saxton and Baker.
No: None. ORDINANCE ADOPTED

ORDINANCE NO. O-68-2007
ORDINANCE ACCEPTING THE FINAL PLAT OF TRADER CORNER DEVELOPMENT IN THE CITY OF TROY, OHIO, DEDICATING A RIGHT-OF-WAY

This Ordinance was given first title reading.

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

COMMENTS OF THE MAYOR.
Mayor Beamish stated he appreciated being able to introduce the Youth Council. He also commented that Habitat for Humanity will dedicate a new house on Madison Street on Oct. 7.

COMMENTS OF MEMBERS OF COUNCIL:
-Mr. Harrah asked that the City consider placing a traffic light at McKaig and Dorset as he feels it is the most dangerous intersection. The Mayor commented that the City has been evaluating that intersection. Mr. Clark stated he understands a traffic study has been performed and placing a light would be dependent on funding.
-Mr. Douglas noted that the City did receive reimbursement for barricades at the Wasserman Building. Legislation to cover this expenditure was approved at the prior meeting.

AUDIENCE COMMENTS.
-Raymond Favorite, 756 Skylark Drive, expressed concern that the cutting of some staff, included in legislation at this meeting, may result in work not getting done.
-Mr. Yunker, Troy High School government teacher, thanked Council for being so welcoming to the high school seniors who are required to attend a Council meeting.

There being no further business, the meeting adjourned at 8:10 p.m.

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