(return to 2009 Minutes)

October 19, 2009

MINUTES OF COUNCIL

A regular session of Troy City Council was held Monday, October 19, 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. Clark, 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
Grant D. Kerber, Director of Law
Richard L. Cultice, City 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. O-27-2009.
Stephen J. Kalmar, 436 Miami Street, consultant to the rezoning applicant, stated he was present to answer questions. Mr. Schweser stated that as a resident in the area, he supports the property returning to a residential zoning. Mr. Kalmar stated there is already an offer on the property with the potential purchaser planning a residential use. There being on further comments, at 7:07 p.m. Mrs. Baker declared the public hearing closed.

MINUTES: The Clerk of Council gave a summary of the minutes of the October 5, 2009 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:
Personnel Committee:
Mr. Clark, Chairman, reported that Committee recommends legislation be prepared authorizing the Director of Public Service and Safety to enter into an agreement with the firm of Denlinger, Rosenthal and Greenberg for collective bargaining related purposes.
Report signed by Harrah, Schweser and Clark.

COMMENTS REGARDING COMMITTEE REPORTS OR AGENDA ITEMS:
Denny Wannemacher, 1335 Greenfield Drive, spoke regarding water and sewer rate increases, stating he feels there are unanswered questions, and costs are going up for citizens. He specifically indicated that nothing has shown that the previously purchased AMR equipment resulted in savings in the rates, why was it permissible to reduce fund balances to purchase the AMR equipment, what is the proof that the city needs a good bond rating,
Mr. Cultice responded that a bond rating is the same as a credit rating for a City and without a good bond rating a City may not be able to borrow money and would not be able to secure favorable interest rates. He also indicated that the decision to purchase the AMR equipment was a financial decision made at that time, and the savings from that system were accounted for in the utility rates.

Lester Conard,1210 S. Clay Street, stated that he understands the average increase will be 6% in water and sewer fees, with some residents paying higher and some lower, but 6% is higher than a wage increase most residents will receive, plus the City has increased other fees. He stated he does not believe it is necessary to have the bond rating, and that all the costs to citizens will run people out of Troy.

RESOLUTION NO. R-57-2009
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO EMPLOY COUNSEL FOR THE PURPOSES OF NEGOTIATION AND COLLECTIVE BARGAINING

This Resolution was given first title reading.

Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Schweser.
Yes: Schweser, Kendall, Douglas, Hutchinson, Clark and Kirkham.
No: None.
Mr. Schweser moved for adoption. Motion seconded by Mr. Hutchinson.
Yes: Kendall, Douglas, Hutchinson, Clark, Kirkham and Schweser.
No: None. RESOLUTION ADOPTED
October 19, 2009 Page Two

ORDINANCE NO. O-26-2009
AN ORDINANCE AMENDING SECTIONS 913.01(a), 913.07, 913.08, 913.09, 915.10(c), AND 915.10 (l)(1) OF THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO RELATING TO WATER AND SEWER RATES

This Ordinance was given first title reading on September 21, 2009.
Given second title reading on October 5, 2009.
Given third title reading.


ORDINANCE NO. O-27-2009
ORDINANCE CHANGING THE ZONING OF INLOTS 1038 AND 1039 IN THE CITY OF TROY, OHIO FROM M-2, LIGHT INDUSTRIAL DISTRICT TO R-6, TWO FAMILY RESIDENTIAL DISTRICT

This Ordinance was given first title reading on October 5, 2009.
Given public hearing and second title reading.


COMMUNICATIONS/ANNOUNCEMENTS: The Clerk announced that the Summerfield property owner had withdrawn an application for R-2 zoning. This rezoning had been scheduled for a public hearing on 11-2 (which will not take place), but the legislation had not need been placed on the agenda.


Sue Cantrell, representing Troy Main Street, discussed the Trick or Treat downtown events and Children’s Halloween Parade that will be held October 24, as well as additional downtown Halloween events scheduled for October 31. Jo Grandell, Director of Troy Main Street, thanked Council for the City support, stated that Troy Main Street has a number of plans underway for fund raising.


COMMENTS OF MAYOR BEAMISH.
Mayor Beamish commented as follows:
- Sue Cantrell has worked very hard on the Halloween events, and noted that the Halloween parade for children is co-sponsored by the Troy Noon Optimist Club.
- The Troy-Piqua football game Pep Rally will be held at 7:30 p.m. on October 22 on Prouty Plaza. As part of the pre-football game events, US Bank is funding the Troy-Piqua blood bank drive on October 22.
- A Christmas Tree for the Public Square is being donated by Mr. and Mrs. Robert Morgan of Saratoga Drive.


COMMENTS OF COUNCIL PRESIDENT.
Mrs. Baker provided a reminder that the Meet the Candidate event takes place on October 22 at 7:30 p.m.


COMMENTS OF MEMBERS OF COUNCIL.
Mr. Clark noted that more information on the Halloween events is available on the City and Troy Main Street web sites.
Mr. Schweser stated that volunteer opportunities are still available for the October 24 Make a Difference Day.


EXECUTIVE SESSION:

A motion was made by Mr. Clark, seconded by Mr. Kendall, to recess into executive session to discuss a matter of imminent litigation. At 7:35 p.m. Council went into executive session.
At 8:44 p.m. Council returned from executive session, made no further comment, and adjourned at 8:45 p.m.

_________________/s/_______________________ ________________/s/___________________
Clerk of Council                                                              President of Council