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August 4, 2008 MINUTES OF COUNCIL A regular session of Troy City Council was held Monday, August 4, 2008 at 7:00 p.m. in Council Chambers. Members Present: Clark, Douglas, Harrah, Hutchinson, Kendall, Kirkham and Schweser. 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 Clark. MINUTES: The Clerk gave a summary of the minutes of the July 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. Hutchinson, to approve these minutes. Motion passed by unanimous roll call vote. COMMITTEE REPORTS: Finance Committee: Mr. Douglas, Chairman, reported as follows: 1) Committee recommends that legislation be prepared authorizing the disposal of surplus City property by using internet auction sites. This should provide more interest in the items. Committee noted that State law requires the City to enact annual legislation authorizing the use of internet auction sites. 2) Committee concurs that a fee for the refuse collection program, including recycling, is appropriate as the General Fund can no longer afford to subsidize this service. Committee noted that if an appropriate fee is not implemented, the General Fund would probably have a negative balance by the end of 2010 and cuts to other services would become necessary. Committee also noted that based on a survey of 34 cities in Southwest Ohio, the cost to Troy citizens for quality of life services is third lowest of the surveyed cities; if the fee proposed is implemented, Troy would be at least the 8th lowest in the fees for delivering the quality of life services. Committee recommended legislation be prepared to: - Amend the Codified Ordinances to establish a ten-year fee schedule for the recycling and refuse collection programs in place of the current $1.55 per month charge for curbside recycling. The fee schedule will be as follows: - $ 6.50 per month effective October 1, 2008 for bills due and payable in November 2008. - $13.00 per month effective October 1, 2009 for bills due and payable in November 2009. - For an eight-year period effective October 1, 2010 for bills due and payable in November for each year of the eight-year period, the fee will increase by fifty cents per year. - Authorize the Director of Public Service and Safety to advertise for bids for two replacement packer trucks at a cost not to exceed $238,000. The replacement of these vehicles had been deferred while the refuse collection program was being analyzed. Reports signed by Kendall, Schweser and Douglas. Discussion. Mr. Kendall stated that at the Committee Meeting regarding the refuse collection program fee, he stated he supported bringing the legislation before Council, not that he necessarily concurred with the fee schedule. Mr. Douglas asked Mr. Kendall if he acknowledged he had an opportunity to file a minority report. Mr. Kendall did acknowledge that, and stated his intent was to bring the matter forward without any delay. Law & Ordinance Committee: Mr. Kendall, Chairman, reported that Committee recommends legislation be prepared to approve the final plat of Edgewater Section 6, including the dedication of right-of-way. Report signed by Clark, Douglas and Kendall. Personnel Committee: Mr. Clark, Chairman, reported that Committee recommends legislation be prepared establishing the new position of Senior Sewer Distribution Serviceman at a wage of $24.95 per hour. Committee noted that this position would support the Utilities Forman position, and that the one Utilities Foreman position had replaced two other foreman positions. The legislation would be presented as an emergency measure, consistent with how salary legislation is presented. Report signed by Harrah, Schweser and Clark. August 4, 2008 Page Two Safety & Health Committee: Mr. Kirkham, Chairman, reported that Committee recommends legislation be prepared authorizing a grant application for $41.047 to help offset the costs of three DARE/SRO officers provided to the Troy schools. Report signed by Harrah, Hutchinson and Kirkham. Utilities Committee: Mr. Schweser, Chairman, reported as follows: 1) Committee recommends legislation be prepared to amend one portion of the legislation authorizing the clarifier repairs. The inspection and supervision of the installation of the equipment required more work by the contractor than anticipated, from $13,405 to $27,077.42. With the adjustment to one element of the project, the entire project was completed $4,875.31 under the total authorization of $122,945. So that the final bill can be paid for the inspection/supervision, emergency legislation was supported. 2) Committee recommends legislation be prepared authorizing a new 20-year agreement with the Board of Miami County Commissioners outlining the details for the City providing treatment services to the Miami County Sewer District. Reports signed by Hutchinson, Kendall and Schweser. COMMENTS REGARDING COMMITTEE REPORTS OR AGENDA ITEMS. Prior to comments, Mrs. Baker reminded those present that there is a two minute limit for comments and asked citizens not to be redundant in speaking to an issue. The following spoke objecting to elements of Ordinance No. O-19-2008, Income Tax Ordinance revisions, and particularly the portion that requires landlords to twice a year provide information regarding names and addresses of tenants so that the City can assure that wage earners in Troy are in compliance with the Income Tax Ordinance: - Dave Murray, 104 N. Market Street, commented that he and many of his Troy clients are real estate investors; the proposal does not seem to match the City’s Mission Statement; the proposal will result in more absentee landlords that will not invest in the community; the City will need more staff to audit the information provided by landlords; and the City’s income tax will actually decrease. -Tom Behm, 1860 Quail Nest Court, indicated that the provisions will be very difficult for landlords to meet without creating a hardship and increasing tenant rents. - Bill McGraw, 210 W. Main Street, commented that it is not possible to address all the issues in the two minutes allowed and he feels there are still questions regarding items such as does the ordinance apply to commercial rentals as well as residential, is the reporting to be all rental occupants versus only those that sign on a lease, why the criminalization of offenders, and the seemingly unfair provisions regarding deduction changes. Mr. McGraw asked that the legislation be deferred or returned to Committee to allow a dialogue. - Cindy Merrit, 4140 LeFevre Road, stated the provisions are hardships for landlords. - Susan Behm, 1860 Quail Nest Court, stated she had contacted several of the communities listed that had enacted such a provision and found that most of the communities contacted did not feel there was much of an increase in income tax revenues, or could document resultant income tax revenues, or that the provision resulted in more work for staff or the need to hire additional staff. She stated that West Carrollton indicated there were sizable gains but could not state the amount of increase, and Centerville did not feel the provision really worked well and created more work for staff. Mrs. Behm stated she feels everyone should pay the fair share of income tax but does not believe this is the way to gather information and that the provision would result in raised rent for her tenants. - Steve Kalmar, 436 Miami Street, commented that the local Housing Authority, that handles a number of rental units, must comply with HUD regulations and will not legally be allowed to release tenant information. He stated he serves on a Housing Authority Board and when the Board was asked to provide similar tenant information by the City of Piqua, the Board declined to do so due to legal constraints. - Howard Wingert, 515 W. Water Street, stated he owns a rental unit at 523 W. Water Street, and commented that he does not feel the City has worked out the details of how the provision would be enforced. He stated he understands, from other communities with such a provision, enforcement can be discretionary for staff and that could lead to an abuse of authority. He suggested details be worked out first and there not be enforcement just because the City could do so. - Roger Hawk, 1001 Laurel Tree Court, indicated the provision would put a lot of pressure on landlords, that over 20 years he has only raised rent by $50 a month, landlords will have to consider rent increases to fund their cost of complying with providing tenant information, he believes he will lose a portion of his tenants, and if people move out of Troy that will have a negative impact on the economy and revenue to the City. - Dorothy Messler, 2425 Monroe-Concord Road, asked why renters and rental property are being singled out as a home owner does not have to file with the City the names of those who live their homes. She further commented that before she gives a tenant a key the tenant has to have the water in the tenant’s name so the City has the information, and there should not be a penalty for a business. August 4, 2008 Page Three - Jack Jamison, 2480 Peebles Road, said that with the proposed Ordinance it cannot be figured what can and can’t be written off. He commented that he assumes he can no longer improve a property with paint or siding as that work can’t be written off. Regarding the proposed fee for refuse collection (O-23-2008): - Jerry Stichter, 467 W. Staunton Road, stated he would like to see the televising of the committee meeting on that subject before Council votes. He asked what the alternate plan of the City is if the citizens say don’t take money from our pockets to pay for refuse collection. Mr. Titterington replied that would have to be determined by Council, but considerations would include layoffs and service cuts to allow the General Fund to operate past 2011. Mr. Stichter asked when those items would be reviewed and Mr. Titterington stated that would have to commence with the 2009 budget. - Lester Conard, 1210 S. Clay Street, stated he feels sorry about the landlords. He also said he feels it is hard for seniors to pick up the tab for everything to keep Troy going. He suggested Council have sympathy for the citizens who feel a financial crunch and that he has not seen Council or staff take a 25% pay cut to feel the crunch. RESOLUTION NO. R-33-2008 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO, TO APPLY FOR AND ENTER INTO A DARE GRANT THROUGH THE ATTORNEY GENERAL’S OFFICE This Resolution was given first title reading. Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Hutchinson. Yes: Douglas, Schweser, Harrah, Kirkham, Kendall, Hutchinson and Clark. No: None. Mr. Harrah moved for adoption. Motion seconded by Mr. Schweser. Yes: Schweser, Harrah, Kirkham, Kendall, Hutchinson, Clark and Douglas. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-34-2008 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO, TO ENTER INTO A SEWER AGREEMENT WITH THE BOARD OF MIAMI COUNTY COMMISSIONERS This Resolution was given first title reading. Mr. Schweser moved for suspension of rules requiring three readings. Motion seconded by Mr. Clark. Yes: Harrah, Kirkham, Kendall, Hutchinson, Clark, Douglas and Schweser. No: None. Mr. Harrah moved for adoption. Motion seconded by Mr. Kendall. Yes: Kirkham, Kendall, Hutchinson, Clark, Douglas, Schweser and Harrah. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-35-2008 RESOLUTION AUTHORIZING PAYMENT BY THE CITY OF TROY, OHIO FOR THE CLARIFIER PROJECT AND DECLARING AN EMERGENCY This Resolution was given first title reading. Mr. Hutchinson moved for suspension of rules requiring three readings. Motion seconded by Mr. Douglas. Yes: Kendall, Hutchinson, Clark, Douglas, Schweser, Harrah and Kirkham. No: None. Mr. Schweser moved for adoption. Motion seconded by Mr. Hutchinson. Yes: Hutchinson, Clark, Douglas, Schweser, Harrah, Kirkham and Kendall. No: None. RESOLUTION ADOPTED August 4, 2008 Page Four RESOLUTION NO. R-36-2008 RESOLUTION AUTHORIZING THE SALE DURING CALENDAR YEAR 2008 OF MUNICIPALLY-OWNED PERSONAL PROPERTY WHICH IS NOT NEEDED FOR PUBLIC USE, OR WHICH IS OBSOLETE OR UNFIT FOR THE USE FOR WHICH IT WAS ACQUIRED, BY INTERNET AUCTION, PURSUANT TO OHIO REVISED CODE SECTION 721.15(D) This Resolution was given first title reading. Mr. Harrah moved for suspension of rules requiring three readings. Motion seconded by Mr. Schweser. Yes: Clark, Douglas, Schweser, Harrah, Kirkham, Kendall and Hutchinson. No: None. Mr. Clark moved for adoption. Motion seconded by Mr. Harrah. Yes: Douglas, Schweser, Harrah, Kirkham, Kendall, Hutchinson and Clark. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-37-2008 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 TWO NEW PACKER TRUCKS This Resolution was given first title reading. ORDINANCE NO. O-19-2008 AN ORDINANCE AMENDING THE INCOME TAX CODE OF THE CITY OF TROY, OHIO. This Ordinance was given first title reading on July 7, 2008. Given second title reading on July 21, 2008. Given third title reading. Mr. Douglas moved for adoption. Motion seconded by Mr. Clark. Yes: Clark and Douglas. No: Schweser, Harrah, Kirkham, Kendall and Hutchinson. ORDINANCE FAILED ADOPTION ORDINANCE NO. O-20-2008 ORDINANCE AUTHORIZING THE SALE OF MUNICIPAL PROPERTY NO LONGER NEEDED FOR A PUBLIC PURPOSE This Ordinance was given first title reading on July 7, 2008. Given second title reading on July 21, 2008. Given third title reading. Mr. Harrah moved for adoption. Motion seconded by Mr. Schweser. Yes: Harrah, Kirkham, Kendall, Hutchinson, Clark, Douglas and Schweser. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-21-2008 ORDINANCE ACCEPTING THE FINAL PLAT OF EDGEWATER SUBDIVISION, SECTION 6 IN THE CITY OF TROY, OHIO AND DEDICATING A RIGHT-OF-WAY This Ordinance was given first title reading. Mr. Kendall moved for suspension of rules requiring three readings. Motion seconded by Mr. Schweser. Yes: Kirkham, Kendall, Hutchinson, Clark, Douglas, Schweser and Harrah. No: None. Mr. Harrah moved for adoption. Motion seconded by Mr. Hutchinson. Yes: Kendall, Hutchinson, Clark, Douglas, Schweser, Harrah and Kirkham. No: None. ORDINANCE ADOPTED August 4, 2008 Page Five ORDINANCE NO. O-22-2008 ORDINANCE AMENDING ORDINANCE NO. O-51-06, AS AMENDED BY ORDINANCE NO. O-15-2008, FIXING SALARIES AND WAGES OF CERTAIN EMPLOYEES OF THE CITY OF TROY, OHIO AND DECLARING AN EMERGENCY This was given first title reading. Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Hutchinson. Yes: Douglas, Schweser, Harrah, Kirkham, Kendall, Hutchinson and Clark. No: None. Mr. Clark moved for adoption. Motion seconded by Mr. Schweser. Yes: Schweser, Harrah, Kirkham, Kendall, Hutchinson, Clark and Douglas. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-23-2008 ORDINANCE AMENDING SECTION 919.11 OF THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO AND IMPLEMENTING A RESIDENTIAL REFUSE PROGRAM AND ESTABLISHING FEES This was given first title reading. Mr. Clark moved for suspension of rules requiring three readings. Mr. Douglas asked that the Ordinance go to a second reading. There was no second on the motion to suspend. ORDINANCE NO. O-24-2008 AN ORDINANCE REPEALING ORDINANCE NO. O-49-96 RELATED TO THE ENGINEERING AND UTILITIES DEPARTMENTS AND DECLARING AN EMERGENCY This was given first title reading. Mr. Schweser moved for suspension of rules requiring three readings. Motion seconded by Mr. Harrah. Yes: Harrah, Kirkham, Kendall, Hutchinson, Clark, Douglas and Schweser. No: None. Mr. Harrah moved for adoption. Motion seconded by Mr. Kirkham. Yes: Kirkham, Kendall, Hutchinson, Clark, Douglas, Schweser and Harrah. No: None. ORDINANCE ADOPTED COMMENTS OF THE MAYOR: Mayor Beamish commented that the Treasure Island Adventure Series continues to provide recreational opportunities in Troy. At the recent “Mayors Float” event in the series, there was a representative present from the Governor’s Office to observe the program, as well as representatives of all the sponsors. The Mayor also provided a reminder of up-coming events – National Night Out on August 5, Festival of Nations on August 16, and the Mayors Concert on August 17. COMMENTS OF THE DIRECTOR OF PUBLIC SERVICE AND SAFETY: Mr. Titterington commented as follows: -The river level will be dropping as the Miami Conservancy District lowers the river to work on the revetment repairs. -Effective September 1, the Miami County Transit System, in cooperation with the Greater Dayton RTA, will provide transport to Vandalia so riders can connect to the routes offered by the RTA. Also, the Miami County Transit System will provide transport up to two miles outside the County limits. This will take riders into areas such as Huber Heights. Both are trial programs for four month periods to monitor interest and costs. August 4, 2008 Page Six COUNCIL PRESIDENT COMMENTS: Mrs. Baker thanked the volunteers from Cincinnati Bell who painted fire hydrants in the City on August 2. She noted that work provided a cost savings for the City. COUNCIL COMMENTS: -Mr. Kirkham reminded those present that the National Night Out event is scheduled for August 5 from 5:30-9:00 p.m., in the Community Park. He stated that this will be the first year it is a county event hosted by Troy. Mr. Kirkham thanked the many volunteers, the City of Troy, the Troy Foundation, the Miami County Foundation, and many businesses that have agreed to contribute to the event. -Mr. Clark stated the August 2 Treasure Island Bike Tour was an enjoyable event. -Mr. Kendall stated the July 31 Mayors Float (canoe event) was well attended and he thanked all those who worked on it. He noted that the City is not putting funds into the River Adventure events. Mr. Kendall commented that there may be other river recreational opportunities. -Mr. Schweser thanked the paper for printing the results of a recent survey on the cost of delivering services to 34 communities in Southwest Ohio, noting that Troy’s costs are the third least expensive. AUDIENCE COMMENTS: - Bill McGraw, 210 W. Main Street, stated he appreciated that the Income Tax Ordinance was not adopted. He provided a list of those who wished to be notified about future meetings on the provisions that had been contained in the Ordinance and stated he and others look forward to dialog to help resolve the issues in a meaningful way. - Mike Burkholder, 465 W. Staunton Road, stated he feels the City’s finances are in a position where there is no choice but to have a charge for refuse collection. He passed out graphs and charts that he indicated reflect how much the cost of services to the citizens has increased since 1997. He suggested the that government in the City of Troy is too big; it is expensive and it is intrusive. He also suggested that he does have some thoughts on how to cut expenses. - Lester Conard ,1210 S. Clay Street, commented that he feels Council took the citizens into account with the vote on the income tax legislation and that a “new broom swept clean”. There being no further business, the meeting adjourned at 8:19 p.m. __________________/s/______________________ _______________/s/_______________________ President of Council Clerk of Council |