(return to 2009 Minutes)

January 5, 2009
MINUTES OF COUNCIL


A regular session of Troy City Council was held Monday, January 5, 2009, at 7:00 p.m. in Council Chambers.

Members Present: Clark, Douglas, Hutchinson, Kendall, Kirkham, and Schweser.
Upon motion of Mr. Schweser, seconded by Mr. Kendall, Mr. Harrah 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
Richard L. Cultice, Auditor
Grant Kerber, Assistant Director of Law

INVOCATION: An invocation was given by Council Member Hutchinson.

MINUTES: The Clerk of Council gave a summary of the minutes of the December 15, 2008 meeting of Troy City Council. There were no corrections or additions to these minutes. A motion was made by Mr. Schweser, seconded by Mr. Clark, to approve these minutes. Motion passed by unanimous roll call vote.

COMMITTEE REPORTS:
Buildings, Streets & Sidewalks Committee. Mr. Kirkham, Chairman, reported that Committee recommends that the legislation be prepared authorizing the City to pay a total of $671,230 to the County for the City share of the ODOT project to realign the SR 41/Washington Road intersection. This is to pay for water and sewer line extensions to benefit the City and to which the City committed in 2005. The total amount exceeds the $500,593 budgeted in the Water and Sewer Funds. It is anticipated that the final costs will be less than the estimate. Because the funds must be paid to the County (lead agency on project) by January 9, Committee recommended the legislation be prepared as an emergency measure.
Report signed by Douglas and Kirkham.

Personnel Committee: Mr. Clark, Chairman, reported regarding that Committee supports the reorganization of the Planning Department to merge it with the Office of the City Engineer. Committee noted that this would have little or no impact on the public, it would serve as the best organization for the planning function, retain employees, and provide savings of nearly $125,000 per year. Committee recommended that legislation be prepared to abolish the Planning Department and the positions that had been in the Planning Department, with certain position re-titling, with the re-titled positions assigned in the Office of the City Engineer. The salary legislation would be presented as an emergency measure. Committee also noted that several administrative steps would also be required. (Copy of entire report attached to original minutes.)
Report signed by Schweser and Clark.

Utilities Committee. Mr. Schweser, Chairman, reported that Committee recommends legislation be prepared to amend Section 915.05 of the Codified Ordinances to no longer list the quantities of pollutants that may be discharged into the sanitary sewer system, but to indicate discharge by industries must be in accordance with the Local Limits Technical Justification Report. As some of the industrial discharge permits expire at the end of the year, it is recommended that the legislation be prepared as an emergency measure.
Report signed by Kendall, Hutchinson and Schweser.

COMMENTS REGARDING COMMITTEE REPORTS OR AGENDA ITEMS:
Deborah Stichter, 467 W. Staunton Road, commented about the proposed reorganization of the Planning Department, stating it does not bolster her confidence and that the “ink is not yet dry” on the prior reorganization.


RESOLUTION NO. R-1-2009
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO, TO PAY FOR WATER AND SEWER LINE EXTENSIONS FOR THE STATE ROUTE 41/WASHINGTON ROAD REALIGNMENT PROJECT AND DECLARING AN EMERGENCY

This Resolution was given first title reading.

January 5, 2009 Page Two


Mr. Schweser moved for suspension of rules requiring three readings. Motion seconded by Mr. Douglas.
Yes: Clark, Hutchinson, Kirkham, Douglas, Schweser and Kendall.
No: None.
Mr. Clark moved for adoption. Motion seconded by Mr. Douglas.
Yes: Hutchinson, Kirkham, Douglas, Schweser, Kendall and Clark.
No: None. RESOLUTION ADOPTED


ORDINANCE NO. O-27-2008
ORDINANCE ADOPTING A NEW ZONING CODE FOR THE CITY OF TROY, OHIO

This Ordinance was given first title reading and public hearing on December 1, 2008.
Given second title reading on December 15, 2008.
Given third title reading.


ORDINANCE NO. O-1-2009
ORDINANCE AMENDING SECTION 915.05(f) OF THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO, REGARDING SEWER USE AND POLLUTANT DISCHARGE AND DECLARING AN EMERGENCY

This Ordinance was given first title reading.

Mr. Hutchinson moved for suspension of rules requiring three readings. Motion seconded by Mr. Schweser.
Yes: Kirkham, Douglas, Schweser, Kendall, Clark and Hutchinson.
No: None.
Mr. Hutchinson moved for adoption. Motion seconded by Mr. Clark.
Yes: Douglas, Schweser, Kendall, Clark, Hutchinson and Kirkham.
No: None ORDINANCE ADOPTED

ORDINANCE NO. O-2-2009
ORDINANCE AMENDING ORDINANCE NO. O-49-06, AS AMENDED BY ORDINANCE NUMBERS O-40-2007, O-65-2007, O-12-2008, O-15-2008, AND O-16-2008, FIXING SALARIES AND WAGES OF CERTAIN EMPLOYEES 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. Schweser.
Yes: Schweser, Kendall, Clark Hutchinson, Kirkham and Douglas.
No: None.
Mr. Clark moved for adoption. Motion seconded by Mr. Douglas.
Yes: Kendall, Clark, Hutchinson, Kirkham, Douglas and Schweser.
No: None ORDINANCE ADOPTED

ORDINANCE NO. O-3-2009
ORDINANCE AMENDING ODINANCE NO. O-48-06, FIXING SALARIES AND WAGES OF CERTAIN EMPLOYEES OF THE CITY OF TROY, OHIO, ABOLISHING THE DEPARTMENT OF PLANNING, AND DECLARING AN EMERGENCY

This Ordinance was given first title reading.

Mr. Schweser moved for suspension of rules requiring three readings. Motion seconded by Mr. Douglas.
Yes: Clark, Hutchinson, Kirkham, Douglas, Schweser and Kendall.
No: None.
Mr. Douglas moved for adoption. Motion seconded by Mr. Kendall.
Yes: Kendall, Clark, Hutchinson, Kirkham, Douglas and Schweser.
No: None ORDINANCE ADOPTED




January 5, 2009 Page Three


PRESENTATION:
A presentation was made by Allison DeHart, Executive Director of Partners in Hope, and Sonia Holycross, AmeriCorps VISTA representative. Ms. DeHart noted that the Partners in Hope organization is serving the community on behalf of the Troy churches, and in 2007 the organization became involved in the Circles Program, which is involved in education to “break the circle of poverty”. Ms. Holycross stated that on January 27 there will be a poverty simulation to provide an experience to help participants to understand what it might be like to live as a low income person and understand the challenges of poverty those persons and families face. Council, City officials and staff, and the public were invited to participate in the simulation.
Mr. Schweser stated he has had the opportunity to go through a simulation and found it to be a real “eye opener” that can help dissolve misconceptions about poverty. He stated he has also had an opportunity to see the changes it makes in the life of a person who is able to take the bridges out of poverty.
Mr. Douglas also encouraged people to participate in the simulation

COMMENTS OF THE MAYOR:
The Mayor noted that his annual report was distributed at this meeting. (Copy attached to original minutes.)

DIRECTOR OF LAW REPORT:
Mr. Dixon’s annual report was distributed. (Copy attached to original minutes.)

COMMENTS OF THE PRESIDENT OF COUNCIL:
Mrs. Baker expressed sympathy to Mr. Harrah and his family with the death of Mrs. Harrah’s mother and to firefighter Bill Schaefer on the death of his son.

Mrs. Baker thanked Mr. Schweser for serving on the King Team, and announced the following plans for the annual Dr. Martin Luther King Celebration, and invited Council to attend:
- Jan. 17 Breakfast at the Church of the Brethren
- Jan. 19 Walk leaving in the Southwest Quadrant of the Square at 9:30 a.m. and concluding at the
Grace Worship Center (214 W. Main Street) for a 10:00 a.m. celebration service.
This will be followed by a luncheon at the First Place center of the United Methodist
Church.
Mrs. Baker also noted that a performance by Rhythm in Shoes is being scheduled on the Public Square for July 8.

COUNCIL COMMENTS:
- Mr. Kirkham thanked the Fire Department for assistance in delivering Santa to Honda, and thanked Honda, regarding Honda providing Christmas gifts to 37 children.
- Mr. Kendall noted that the Law & Ordinance Committee will meet Jan. 6, 5:30 p.m. regarding the proposed zoning code update.
- Mr. Schweser commented regarding two recent “Letters to the Editor” in which the writer criticized what firefighter/paramedics and City staff are paid. He praised the capabilities and training of the Fire Department Staff.


COMMENTS OF THE AUDIENCE:
Lester Conard, 1210 S. Clay Street, commented regarding the letters to which Mr. Schweser referred. He said the writer was talking about the salaries paid to Mr. Titterington, the Mayor and Council, not those paid to police officers and firefighters. He commented that with the restructuring within departments, the “good old boys” remain and he does not see any savings. He commented that the police and fire staff do good work, but there may be too many of them. He also stated he felt the only reason the City had established a refuse collection fee was to provide funds to the General Fund.


There being no further business, the meeting adjourned at 7:38 p.m.




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