June 4, 2007
MINUTES OF COUNCIL

A regular session of Troy City Council was held Monday, June 4, 2007 at 7:00 p.m. in Council Chambers.

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

Presiding Officer: William H. Lohrer, President of Council

Others Present: Michael L. Beamish, Mayor
Patrick E. J. Titterington, Director of Public Service and Safety
Richard L. Cultice, Auditor
W. McGregor Dixon, Jr., Director of Law

INVOCATION: An invocation was given by Council Member Baker.

EXECUTIVE SESSION. A motion was made by Mr. Kendall, seconded by Mr. Harrah, to recess into Executive Session for the purpose of considering the compensation of a public employee and the employment of a public official. At 7:02 p.m. Council recessed into Executive Session. At 7:45 p.m. Council returned from Executive Session.

MINUTES: The Clerk gave a summary of the minutes of the May 21, 2007 meeting of Troy City Council. There were no corrections or additions to these minutes. A motion was made by Mr. Mercer, 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 that Committee recommends legislation be prepared to approve a new Tree Ordinance. This will update a 1971 Ordinance and follow Tree City USA guidelines.
Report signed by Clark, Kendall and Douglas.

LAW & ORDINANCE COMMITTEE:
Mrs. Saxton, Chairman, reported as follows:
* Committee recommends legislation be prepared to grant an easement for the use of public right-of-way to Steve McLain (Bakehouse Bread) or the owner of the building housing Bakehouse Bread and the adjacent property, so that Bakehouse Bread can establish a temporary (May through October) outdoor seating area.
* Committee recommends legislation be prepared for the acceptance of the Tippecanoe Land Company Annexation, an area of 5.939 acres in Concord Twp.
* Committee recommends Ordinance No. O-35-2007, the rezoning of Inlot 8875 from M-2 to OC-1, as requested by Troy Christian Church, be approved.
* Committee recommends legislation be prepared approving the replat of Inlots 6650, 10100 and 10116, vacating of some utility easements, and the dedicating of new easements to facilitate the expansion of SEW Eurodrive on Marybill Drive.
* Committee recommends Ordinance No. O-36-2007, text changes to the M-1 Planned Industrial District, be approved. The changes are to provide a better quality and understandable industrial district, with some of the less attractive uses excluded.
Reports signed by Douglas, Mercer and Saxton.

PERSONNEL COMMITTEE:
Mr. Kendall, Chairman, reported that committee recommends some position abolishments, staff reductions, and reclassifications based on current work loads and staff needs. These changes will result in an annual savings of about $227,000 in salary and benefits. Committee noted that circumstances or workloads could result in a request to re-establish positions in the future, or there may be times when part-time or temporary staff is considered. Committee recommends emergency legislation be prepared to:
* Abolish vacant positions of secretary in the Engineering and Public Works Offices as secretary positions will be filled from the clerk classification as they become vacant.
* Abolish vacant position of Utilities Supervisor.
* In the Income Tax Office reclassify secretary position to Account Clerk position, as that is the work being performed and required, but have a grandfathered Account Clerk position at the same rate as the secretary position so that the incumbent has no loss of pay, with the grandfathered position abolished when it becomes vacant.

June 4, 2007 Page Two

Committee recommends the following be approved by acceptance of the Committee report:
* When the Billing Clerk position in Billing & Collection becomes vacant, the total Billing Clerk positions in the Department of Collections will be reduced from two to one. Authorize an additional entry level clerk-cashier position in the Income Tax Office. This will retain the same number of staff in the Department of Collections.
* Reduce the current two Administrative Clerk positions in the Office of the Director of Public Service & Safety from two to one.
Report signed by Clark, Harrah and Kendall.
A motion was made by Harrah, seconded by Mr. Kendall, to accept the Personnel Committee Report of June 1, 2007, and to approve those items that do not require legislative action.

RECREATION & PARKS COMMITTEE:
Mr. Clark, Chairman, reported that Committee recommends legislation be prepared authorizing bidding for the resurfacing of the four southern tennis courts at the Troy Community Park and the replacement of the fencing at the courts at a total cost not to exceed $83,000.
Report signed by Baker, Saxton and Clark.

COMMITTEE OF THE WHOLE:
Mr. Lohrer read the report that Council as a Committee of the Whole has met to again discuss the subject of televising of Council meetings and other public meetings. The estimated cost of televising live Council and other public meetings is about $107,000 in the first year and $225,000 over five years to have certain meetings televised live. As a part of this meeting, there was an update regarding the status of S.B. 117, which is making a number of changes to public access programming, and could result in not being able to have meetings broadcast live. Council recommended that staff work with Troy Public Access to obtain the minimal equipment to tape Council meetings for delayed broadcast. It was also recommended that as soon as practical other meetings be taped for later broadcast, especially Committee meetings, noting that how cameras will be staffed without a great deal of extra cost will be an issue for staff to consider.
Report signed by Baker, Clark, Douglas, Harrah, Kendall, Mercer and Saxton.

Citizen comments on Committee Reports or Agenda – None

AMENDING R-21-2007; Mr. Dixon commented that when R-21-2007 was drafted, it included an implementation date of July 1, 2007. That would have to be changed by amending the legislation as if R-21-2007 is adopted at this meeting, July 1 is less than the 30 day period for legislation to be effective.
A motion was made by Mrs. Baker, seconded by Mr. Kendall, to amend Resolution No. R-21-2007 to change the effective date from July 1, 2007 to August 1, 2007. MOTION PASSED, UNANIMOUS VOTE

RESOLUTION NO. R-21-2007
AN AMENDED RESOLUTION ADUSTING FEES RELATED TO THE ZONING CODE, SUBDIVISION REGULATIONS, AND DEVELOPMENT DEPARTMENT IN THE CITY OF TROY, OHIO

This Resolution was given first title reading on May 7, 2007.
Given second title reading on May 21, 2007.
Given third title reading.

Mrs. Baker moved for adoption. Motion seconded by Mr. Clark.
Yes: Mercer, Saxton, Clark, Douglas, Kendall and Baker.
No: Harrah. RESOLUTION ADOPTED


RESOLUTION NO. R-25-2007
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 RESURFACING OF TENNIS COURTS AT THE TROY COMMUNITY PARK AND REPLACING THE FENCING AROUND THE COURTS

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: Harrah, Saxton, Clark, Douglas, Kendall, Baker and Mercer.
No: None.

June 4, 2007 Page Three


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


ORDINANCE NO. O-32-2007
ORDINANCE AMENDING SECTION 1307.01 AND REPEALING SECTION 1307.03 OF THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO AND ADOPTING THE INTERNATIONAL PROPERTY MAINTENANCE CODE FOR THE CITY OF TROY, OHIO

This Ordinance was given first title reading on May 21, 2007.
Given second title reading.


ORDINANCE NO. O-35-2007
ORDINANCE CHANGING THE ZONING OF INLOT 8875 IN THE CITY OF TROY, OHIO, FROM M-2, LIGHT INDUSTRIAL DISTRICT TO OC-1, OFFICE COMMERCIAL DISTRICT

This Ordinance was given first title reading on May 21, 2007.
Given second title reading,

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


ORDINANCE NO. O-36-2007
AN ORDINANCE AMENDING SECTIONS 1000.11610 THROUGH 1000.11690 OF THE CITY OF TROY, OHIO ZONING CODE RELATED TO M-1, PLANNED INDUSTRIAL DISTRICTS

This Ordinance was given first title reading on May 21, 2007.
Given second title reading.

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


ORDINANCE NO. O-37-2007
ORDINANCE ACCEPTING A REPLAT OF INLOTS 6650, 10100 AND 10116 IN THE CITY OF TROY, OHIO.

This Ordinance was given first title reading.

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



June 4, 2007 Page Four


ORDINANCE NO. O-38-2007
ORDINANCE AMENDING CHAPTER 741 AND SECTION 1103.02 OF THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO AND ESTABLISHING A TREE ORDINANCE

This Ordinance was given first title reading.

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


ORDINANCE NO. O-39-2007
ORDINANCE TO ACCEPT THE APPLICATION FOR THE ANNEXATION OF CERTAIN TERRIORY CONTAINING 5.838 ACRES TO THE CITY OF TROY, OHIO

This Ordinance was given first title reading.

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

ORDINANCE NO. O-40-2007
AN ORDINANCE AMENDING ORDINANCE NUMBERS O-48-06 AND O-49-06, FIXING SALARIES AND WAGES OF CERTAIN EMPLOYEES OF THE CITY OF TROY, OHIO, ABOLISHING POSITIONS AND DECLARING AN EMERGENCY

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


COMMENTS OF THE MAYOR. Mayor Beamish commented as follows:
-The Mayor complimented and thanked all involved with the Memorial Day Parade and Troy Strawberry Festival.
-The Mayor noted that the Hobart Urban Nature Preserve (an 80 acre natural preserve located inside the City, and owned and operated by the Miami County Park District) was dedicated this date.


COMMENTS OF THE DIRECTOR OF PUBLIC SERVICE AND SAFETY. Mr. Titterington commented as follows:
- At the prior Council meeting, there was a request that the International Property Maintenance Code be placed on the City’s web site. Staff is checking to assure that there would not be a copy right infringement to do so.
- The Emerald Ash Borer Plan and Arboricultural Specifications, approved by the Park Board, are on the web site.
- It appears that SB 117 will soon be approved by the Senate and is still in a format that does not assist communities regarding public access television programming.
- At the prior Council meeting, there was a request to require Honda to create a buffer for properties located next to Commerce Center Blvd. The adjacent land is not owned by Honda, the City cannot require Honda to construct a buffer, but when the adjacent land is developed a buffer would be required.
- Broadcasts of Council meetings will be played on TV 9 on Tuesdays at 11 a.m. and 7 p.m. and on Sundays at noon. A DVD of the meeting will also be available at the Troy Miami County Public Library.

June 4. 2007 Page Five

- The passage of O-40-2007 provides the ability for some reorganization while protecting employees. Additional reorganizations will be submitted in the future.

COMMENTS OF COUNCIL MEMBERS:
- Members of Council congratulated all involved in the Memorial Day Parade and Strawberry Festival events, and were complimentary regarding the flags displayed around the fountain and on the Memorial Day Parade Route. Members of Council were also complimentary regarding the handling of a lightening strike that injured three persons during the Strawberry Festival.
- Members of Council stated they were pleased with the recent meeting with representatives of Concord and Staunton Township and Miami County.
- Mr. Clark suggested an interpreter for the hearing impaired at Council meetings.
- Mrs. Baker thanked staff for arranging to have this be the first Council meeting taped for delayed broadcast.





There being no further business, the meeting adjourned at 8:45 p.m.





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Clerk of Council President of Council