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May 5, 2008 MINUTES OF COUNCIL A regular session of Troy City Council was held Monday, May 5, 2008, at 7:00 p.m. in Council Chambers. Members Present: Clark, Douglas, Harrah, Hutchinson, Kendall and Kirkham. Upon motion of Mr. Harrah, seconded by Mr. Clark, Mr. Schweser was excused from this meeting by unanimous roll call vote. Presiding Officer: Martha A. Baker, President of Council Others Present: Michael L. Beamish, Mayor Patrick E. J. Titterington, Director of Public Service and Safety W. McGregor Dixon, Jr., Director of Law Richard L. Cultice, Auditor INVOCATION: An invocation was given by Council member Douglas. PUBLIC HEARING: At 7:02 p.m. Mrs. Baker declared open a public hearing on Ordinance No. 0-8-2008, the rezoning of parts of Inlots 123 and 128 from R-7 to M-2, Light Industrial District, located at 119 Jackson Street. Mary McCormick, 2305 Foxdale Drive, Troy, the applicant, stated she is seeking this rezoning, which is compatible with surrounding zoning, to convert the structure to a business use. There were no further comments in this regard, and at 7:04 p.m. Mrs. Baker declared this public hearing closed. INTRODUCTIONS: The following were introduced: -Tim Snider, appointed Superintendent, Waste Water Treatment Plant effective 5-5-2008. -Brandon Fraley & Joshua Havenar, who were appointed as entry level Firefighters effective 5-19-2008. MINUTES: The Clerk gave a summary of the minutes of the April 21, 2008 meeting of Troy City Council. There were no corrections or additions to these minutes. A motion was made by Mr. Clark, seconded by Mr. Harrah, to approve these minutes. Motion passed by unanimous roll call vote. COMMITTEE REPORTS: Law & Ordinance Committee: Mr. Kendall, Chairman, reported that Committee recommends legislation be prepared to amend Section 521.07 of the Codified Ordinances related to fences to change a number of provisions and that legislation be prepared enacting Zoning Code Section 1000.13920 (G) to provide for the Board of Zoning Appeals to hear any and all variances and appeals to Section 521.07. Report signed by Clark, Douglas and Kendall. Personnel: Mr. Clark, Chairman, reported as follows: 1) Committee recommends legislation be prepared authorizing a 2008 agreement for labor counsel (firm of Denlinger, Rosenthal & Greenberg) at a cost not to exceed $50,000, and that the legislation be presented as an emergency measure as there are on-going human resources matters with which the firm is assisting the City. 2) That Council approve the Mayor’s appointment of Richard W. Klockner to the Board of Zoning Appeals (BZA) to fill the unexpired term of Carl Goubeaux, for a term ending 12-31-2010. Reports signed by Harrah and Clark. Approval of appointment of Mr. Klockner. A motion was made by Mr. Clark, seconded by Mr. Harrah, to accept the report of the Personnel Committee to approve the appointment of Richard Klockner to the BZA for a term ending 12-31-2010. Motion passed by unanimous roll call vote. Recreation & Parks Committee: Mr. Hutchinson, Chairman, reported that Committee has reviewed the recommendations of the Recreation Board regarding Hobart Arena and the sale of alcohol at the Arena, and recommends that legislation be prepared to: - Place before the voters who are residents of Troy at the November 2008 General Election the question of whether or not alcohol should be permitted to be sold at the Hobart Arena. - That legislation be prepared amending Section 933.20 of the Codified Ordinance to include Hobart Arena as a location in the City parks where alcohol may be sold. This would allow for the City to apply for temporary liquor permits limited to two events per month. It may well be that prior to November, no events will be scheduled for which the sale of alcohol would be appropriate. (Copy of entire report attached to original minutes.) Report signed by Clark, Kirkham and Hutchinson. May 5, 2008 Page Two COMMENTS REGARDING COMMITTEE REPORTS OR AGENDA ITEMS. Debra Stichter, 467 W. Staunton Road, stated that she noted the report regarding sale of alcohol indicates the issue may be an emotional issue for some citizens. As an unemotional issue, she read from a publication from the US Department of Justice regarding the use of local regulatory and land use powers to prevent underage drinking. Michael Burkholder, 465 W. Staunton Road, stated that the comments of the five persons who attended the committee meeting regarding the sale of alcohol at Hobart Arena should not be considered as emotional, as the comments were about financial, safety and moral issues. He suggested beer should not be added to mix of those who have been excited about events at the Arena. RESOLUTION NO. R-19-2008 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO EMPLOY LABOR COUNSEL AND DECLARING AN EMERGENCY This Resolution was given first title reading. Mr. Harrah moved for suspension of rules requiring three readings. Motion seconded by Mr. Kendall. Yes: Kendall, Clark, Kirkham, Hutchinson, Douglas and Harrah. No: None. Mr. Clark moved for adoption. Motion seconded by Mr. Hutchinson. Yes: Clark, Kirkham, Hutchinson, Douglas, Harrah and Kendall. No: None. RESOLUTION ADOPTED ORDINANCE NO. O-7-2008 ORDINANCE AMENDING ORDINANCE NO. O-82-2007, APPROPRIATING FUNDS NECESSARY FOR THE VARIOUS DEPARTMENTS AND OFFICES OF THE CITY OF TROY, OHIO, FOR THE YEAR 2008 AND DECLARING AN EMERGENCY This Ordinance was given first title reading. Mr. Douglas moved for suspension of rules requiring three readings. Motion seconded by Mr. Harrah. Yes: Kirkham, Hutchinson, Douglas, Harrah, Kendall and Clark. No: None. Mr. Kendall moved for adoption. Motion seconded by Mr. Harrah. Yes: Hutchinson, Douglas, Harrah, Kendall, Clark and Kirkham. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-8-2008 ORDINANCE CHANGING THE ZONING OF PARTS OF INLOTS 123 AND 128 IN THE CITY OF TROY, OHIO FROM R-7, MULTIPLE-FAMILY RESIDENCE DISTRICT TO M-2 LIGHT INDUSTIRAL DISTRICT This Ordinance was given public hearing and first title reading. COMMENTS OF THE MAYOR: Mayor Beamish stated he appreciated Council approving the appointment of Mr. Klockner to the BZA. The Mayor read a Proclamation of May 5, 2008 through May 11, 2008 as Public Service Recognition Week, and thanked City employees for their efforts on behalf of the City. COMMENTS OF THE DIRECTOR OF PUBLIC SERVICE AND SAFETY: Mr. Titterington advised that as of May 19, the contractor for curbside recycling will become Rumpke of Ohio, Inc., based on competitive bid. He noted that by a partnership with Piqua there will be an additional 4% discount for this contract, as Piqua also awarded a contract to Rumpke. Information will be provided to citizens regarding the transition in recycling contractors. COUNCIL COMMENTS: -Mr. Clark commented that as a former City employee, he would like to welcome the new employees introduced at the meeting. Mr. Clark also thanked Mr. Goubeaux for his service on the BZA and welcomed Mr. Klockner. -Mr. Harrah asked if the TDC could provide information as to the number of persons employed in Troy in 1988 (when the TDC was formed) and the number employed today. In regard to a question regarding the status of the sidewalk repair program, it was stated information should be forwarded to Council on the next phase within a few weeks. May 5, 2008 Page Three COUNCIL PRESIDENT COMMENTS. Mrs. Baker commented that she had represented the City at the recent groundbreaking of Precision Aero Corp. at 1500 Experiment Farm Road. . Mrs. Baker encouraged citizens to attend an event at Lowe’s on May 10 that will permit non-profit organizations an opportunity to provide information about their organizations and the “Tunes in Trees” event at Brukner Nature Center on May 10. AUDIENCE COMMENTS: -Lester Conard, 1210 S. Clay Street, stated why citizens of Sidney pay only sixty-five cents per month for storm water management and Troy citizens have to pay so much more. Mr. Titterington stated he could not verify Sidney’s precise charge, but understands their program is not as comprehensive as Troy’s and Sidney continues to subsidize part of the program from the General Fund. Mr. Titterington noted that Troy’s fee is about average and Sidney’s is lower -Debra Stichter, 467 W. Stanton Road, provided Council with copies of the publication from which she read earlier in the meeting and model language to restrict alcohol advertising and sponsorship on property owned or leased by a state. There being no further business, the meeting adjourned at 7:40 p.m. ________________/s/_____________ _______________/s/____________________ President of Council Clerk of Council |