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December 21, 2009 MINUTES OF COUNCIL A regular session of Troy City Council was held Monday, December 21, 2009, 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 Grant D. Kerber, Director of Law Richard L. Cultice, City Auditor INVOCATION: An invocation was given by Council Member Kirkham. MINUTES: The Clerk of Council gave a summary of the minutes of the December 7, 2009 meeting of Troy City Council. There were no corrections or additions to these minutes. A motion was made by Mr. Harrah, seconded by Mr. Clark, to approve these minutes. Motion passed by unanimous roll call vote. COMMITTEE REPORTS: Buildings, Streets & Sidewalks Committee: Mr. Harrah, Chairman, reported that as there is no indication downtown merchants feel there should be controls established for newspaper boxes, Committee recommends that no further action on the subject is warranted. Report signed by Douglas, Kirkham and Harrah. Law & Ordinance Committee: Mr. Clark reported that after considering all the information provided regarding the Stonebridge Meadows PD, including comments made at the public hearing and the committee meeting, this Committee feels that with having this guaranteed development built under the controls of the City, with Stonebridge Meadows being an extension of the excellent Stonebridge development, and with the financial and economic development potential and benefit to the community, this Committee recommends that Ordinance No. O-29-2009 be amended to be emergency legislation and adopted at the December 21 meeting of Council. Committee further recommended that the covenants and restrictions, which are part of the legislation, also be amended to reflect the minimum square footage for a single-story house to be 2,200 square feet and 2,400 square feet for a multi-story house. Report signed by Clark, Douglas and Kendall. Personnel Committee: Mr. Clark, Chairman, reported that as recommended by the City’s labor counsel, we recommend that legislation be prepared adjusting the salary ranges for the FLSA exempt employees and the wages of the non-bargaining unit employees by 2% effective January 1 of each year 2010 through 2012. The salary legislation will be presented as an emergency measure so that adjustments are effective January 1. Committee further recommended that legislation be prepared amending the health insurance benefit language to be consistent with that being proposed to employee bargaining units. Report signed by Harrah, Schweser and Clark. Safety & Health Committee: Mr. Kirkham, Chairman, reported that Committee recommends legislation be prepared providing for three-year agreements (2010 through 2012) with Staunton and Concord Townships for the City providing fire and EMS services. The base compensation calculation would be adjusted by any 2010 wage increase provided to IAFF Local 1638, not to exceed 2.5%. The total 2010 payment amount would become the base compensation for 2011, which would also be adjusted by any 2011 wage increase percentage, not to exceed 2.5%. The same process would be the calculation for 2012. The proposed base compensation for each Township for 2010 would be Concord Twp. - $330,215.75, and Staunton Twp. $101,384.51. Report signed by Harrah, Hutchinson and Kirkham. COMMENTS REGARDING COMMITTEE REPORTS OR AGENDA ITEMS: The following comments were in regard to Ordinance No. O-29-2009: - Jessica Minesinger, Troy Land Development, 7 S. Plum Street, applicant for Stonebridge Meadows PD: She is also on the Board of Directors of Health Partners Free Dental Clinic, and with the high unemployment in the area, the Clinic has a 35% increase in clients. She commented that the proposed development will help provide and retain jobs, provide revenue for the City, County and the Schools, and provide a neighborhood everyone will be proud of. December 21, 2009 Page Two - Denny Wannemacher, 1335 Greenfield: He has no feeling about Stonebridge Meadows, but feels the emergency legislation is subterfuge and deception against the people of Troy and the emergency legislation will avoid constitutional rights of the people. He commented that the prior referendums on the development of this land should not be ignored. - Arthur Haddad, 843 Crestview Drive: He supports O-29-2009. He stated that Troy City Council has been presented with overwhelming justification to pass the legislation and Council cannot overlook the positive fiscal benefit of the project for the City that will be also be realized by 10 public taxing authorities – Troy Schools, Hayner Cultural Center, Miami County General Fund, Upper Valley Joint Vocational School, Troy-Miami County Public Library, Tri-County Board of Mental Health, Riverside of Miami County, County Park District, and the Miami County Special Bridge Fund. - Ron Craycraft, 624 Sedgwick Way: He supports the development, it is a guaranteed plan supported by a developer that exceeds expectations, the development can help present and future residents avoid future fees, it will provide jobs, fixes drainage problems in the area of SR 718, and saves the City some water line costs. He suggested citizens let the elected officials do what citizens elected them to do--to lead past private agendas and move the City forward. - Diane Matthews, 2630 Fieldstone Court: She agrees with Mr. Wannemacher that Council should not ignore prior referendums. She commented that while the development may bring construction jobs it does not assure long term jobs. She said that houses in Willowcreek and Stonebridge are for sale and does not believe more houses will sell. - Sheri Collins: She is an attorney in Troy, but does not live in Troy and would never have an opportunity to vote on the Stonebridge Meadows Development, but stated that the people who will move there will spend money in Troy and support local businesses and she supports approval of the development. - Greg Andrews, 2778 Southside Drive: Supports passage of the development, commenting that the plan meets all requirements. He said that when there have been referendums proposed on the prior development of the land it is a Concord Twp. resident that is passing the petition. Mr. Andrews commented that the Income tax and property taxes will have a significant impact and the homes will support service jobs such as landscaping and irrigation businesses. - Annie Beeson, 2635 Fieldstone Court: She does not understand the emergency provision. She indicated she had moved back to Troy because she wanted to be here, but now finds businesses leaving the downtown. She questioned what happens when people move out of old homes to the new area. She stated she does not know how the downtown will thrive if there are not businesses coming in. - Lester Conard, 1210 S. Clay Street: He does not support the emergency legislation as it takes away the right to a democratic procedure, and asked Council to put the issue on the ballot. He stated he does not see any way this development will help him. - Earl Flynn, 3035 Kessler-Cowlesville Road: He supports the emergency legislation and cannot see any way the City could say it does not need the jobs that the development would bring. - Mike Burkholder, 465 Staunton Road: Asked to give his time to Mr. Wannemacher. It was stated that Mr. Wannemacher had already spoke. Mr. Burkholder indicated that that Council’s oath is to uphold the Constitution of the United States and the proposed legislation specifically denies the right to referendum. He stated he looked at Attachment II spreadsheet (discussed at the Committee Meeting) and after taking out what goes to certain funds, it seems similar to what he had previously provided. - Beth Craycraft, 624 Sedgwick Way: She and her husband moved from moved from Tipp City to Troy and decided to build in Stonebridge because of the track record of the developer, the developer meets all standards, and exceeded expectations. She commented that people coming into the area will not have the same opportunity for housing as she did without Stonebridge Meadows. - Dennis Browning, 213 S. Short Street: Does not oppose Stonebridge Meadows, and asked if there would be any buffer from a hog farm that had been previously mentioned. He commented that he runs a plumbing company and does not know if these will be spec homes or presold homes. He stated he does not understand the emergency provision and taking away peoples’ option. - Deb Newman, 608 Scott Street: Owns a home in Westlake where the area was rescued by Mrs. Minesinger. She urged passage of the legislation. - Jane Marker, 2575 Peebles Road: Lots have been sold in Stonebridge, but about 33 have not been built on, and she does not understand the emergency legislation. She commented that if money is needed, the revenue would not be immediate, and if there is a demand for such homes, why are the other lots not built on. - Jackie Prouty, 2565 Winfield Ct.: Most of the houses in Stonebridge are on the market a year or more and there are lots not sold. She stated she does not support emergency legislation. - Jerry Stichter, 467 W. Staunton Road: Has an issue with comments in the committee report regarding “opposition has come from persons who do not live inside the City of Troy” as the ballot is voted on by residents of Troy. He mentioned a list of other plats developed in the City since the 1970s and commented that he does not if economic development impacted those plats as the City is about out of money. December 21, 2009 Page Three - Jean Melvin, 25 N. Walnut Street: Read a quote from Dr. Martin Luther King and stated she feels the citizens need to speak up, and commented she does not understand the emergency legislation. - Bart Denlinger, 1291 Archer Drive: Stonebridge Meadows makes sense to the City, County, and Schools. Regarding the vacant lots in Stonebridge, he commented that we will come out of the current economy and need to look down the road when the subdivision will be active and the lots will be needed. As a builder, Mr. Denlinger commented that the City will run out of the market for the houses that will be built without Stonebridge Meadows. - Larry Smith, 721 Gateshead Road: Stated he is the President of the Chamber of Commerce and a business owner and feels that the health and vitality of a small business depends on the growth and vitality of the community and that continued economic development will provide the vitality that is good for small business owners. - Debra Stichter, 467 W. Staunton Road: We all agree that building is good and adding houses adds to the coffers, but she does not support emergency legislation. She noted that there has been a lapse of time since the last vote on the development and if the development is good for the City, Council should have nothing to fear. She also asked that as development after development was reported to be the salvation for the City, how this one will be the one that is going to do it. Mrs. Stichter commented that many houses have been built in the last 10 years and we are all paying more than we did before. - Larry Matthews, 2630 Fieldstone Court: There are two possibilities for the future – this is built and all is good, or the development does not do good. He suggested that Council not split the people on this issue that the City needs the people on their side whether the future is good or bad. - Frank Harlow, 561 Sedgwick Way: This land was annexed several years ago so that the City could have control of the land and the City cannot risk that the land is split into five parcels and built under other than City regulations. RESOLUTION NO. R-72-2009 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO AN AGREEMENT WITH THE CONCORD TOWNSHIP BOARD OF TRUSTEES This Resolution was given first title reading. Mr. Hutchinson moved for suspension of rules requiring three readings. Motion seconded by Mr. Schweser. Yes: Hutchinson, Kendall, Schweser, Harrah, Douglas, Kirkham and Clark. No: None. Mr. Clark moved for adoption. Motion seconded by Mr. Harrah. Yes: Kendall, Schweser, Harrah, Douglas, Kirkham, Clark and Hutchinson. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-73-2009 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO AN AGREEMENT WITH THE STAUNTON TOWNSHIP BOARD OF TRUSTEES This Resolution was given first title reading. Mr. Harrah moved for suspension of rules requiring three readings. Motion seconded by Mr. Clark. Yes: Schweser, Harrah, Douglas, Kirkham, Clark, Hutchinson and Kendall. No: None. Mr. Schweser moved for adoption. Motion seconded by Mr. Harrah. Yes: Harrah, Douglas, Kirkham, Clark, Hutchinson, Kendall and Schweser. No: None. RESOLUTION ADOPTED ORDINANCE NO. O-29-2009 ORDINANCE CHANGING THE ZONING OF INLOT 9304 AND INLOT 10160 IN THE CITY OF TROY, OHIO FROM MIAMI COUNTY ZONING A-1 DOMESTIC AGRICULTURAL DISTRICT AND A-2 GENERAL AGRICULTURAL DISTRICT AND ADOPTING A CITY ZONED PLANNED DEVELOPMENT AND DECLARING AN EMERGENCY This Ordinance was given first title reading on November 16, 2009. Given public hearing and second title reading on December 7, 2009. Given third title reading. December 21, 2009 Page Four A motion was made by Mr. Kirkham, seconded by Mr. Douglas, that Ordinance No. O-29-2009 shall be amended to be consistent with the copy of the Ordinance we have before us, the amendments of which are: (1) Exhibit A, Declaration of Subdivision, page 11, section 7.21: the square feet of a one-story single family residential structure reads 2,200 square feet and the square feet of a multi-story single family residence structure reads 2,400 square feet. (2) The emergency language has been added to the Ordinance. Yes: Douglas, Kirkham, Clark, Hutchinson, Kendall and Schweser. No: Harrah. MOTION TO AMEND O-29-2009 APPROVED Mr. Douglas moved for adoption. Motion seconded by Mr. Kendall. Yes: Kirkham, Clark, Hutchinson, Kendall, Schweser, Harrah and Douglas. No: None. ORDINANCE ADOPTED EXCUSING MR. KENDALL FROM BALANCE OF THE MEETING. A motion was made by Mr. Harrah, seconded by Mr. Schweser, to excuse Mr. Kendall from the balance of the meeting. Motion approved by unanimous roll call vote. At 7:55 p.m. Mr. Kendall was excused from the balance of the meeting. ORDINANCE NO. O-31-2009 ORDINANCE AMENDING ORDINANCE NO. O-28-2008, AS AMENDED BY ORDINANCE NO. O-16-2009 AND ORDINANCE NO. O-22-2009, APPROPRIATING FUNDS NECESSARY FOR THE VARIOUS DEPARTMENTS AND OFFICES OF THE CITY OF TROY, OHIO, FOR THE YEAR 2009 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: Clark, Hutchinson, Schweser, Harrah, Douglas and Kirkham. No: None. Mr. Schweser moved for adoption. Motion seconded by Mr. Hutchinson. Yes: Hutchinson, Schweser, Harrah, Douglas, Kirkham and Clark. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-32-2009 ORDINANCE FIXING SALARIES AND WAGES OF CERTAIN EMPLOYEES OF THE CITY OF TROY, OHIO AND DECLARING AN EMERGENCY This Ordinance was given first title reading. Mr. Harrah moved for suspension of rules requiring three readings. Motion seconded by Mr. Hutchinson. Yes: Schweser, Harrah, Douglas, Kirkham, Clark and Hutchinson. No: None. Mr. Schweser moved for adoption. Motion seconded by Mr. Harrah. Yes: Harrah, Douglas, Kirkham, Clark, Hutchinson and Schweser. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-33-2009 ORDINANCE FIXING SALARIES AND WAGES OF CERTAIN EMPLOYEES OF 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. Hutchinson. Yes: Douglas, Kirkham, Clark, Hutchinson, Schweser and Harrah. No: None. Mr. Schweser moved for adoption. Motion seconded by Mr. Harrah. Yes: Kirkham, Clark, Hutchinson, Schweser, Harrah and Douglas. No: None. ORDINANCE ADOPTED December 21, 2009 Page Five ORDINANCE NO. O-34-2009 ORDINANCE AMENDING SECTION 141.05 OF THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO, RELATED TO HEATLH INSURANCE BENEFIT, 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. Hutchinson. Yes: Clark, Hutchinson, Schweser, Harrah, Douglas and Kirkham. No: None. Mr. Clark moved for adoption. Motion seconded by Mr. Schweser. Yes: Hutchinson, Schweser, Harrah, Douglas, Kirkham and Clark. No: None. ORDINANCE ADOPTED COMMENTS OF MAYOR BEAMISH. Mayor Beamish commented that in the 12-20-2009 edition of the paper there was a mention that fifty years ago, on December 21, 1959, then Mayor Jack Metcalf asked that City leaders look to the next 50 years and take the challenges to lead the City forward. Mayor Beamish stated that he felt those comments were true for today and that Council had looked to the future of the community in many of the decisions that had been made and he hoped that continued to be the case. RECOGNITION OF MARK DOUGLAS AND THOMAS KIRKHAM, OUTGOING MEMBERS OF COUNCIL. Mayor Beamish presented plaques to outgoing members of Council: - Mark A. Douglas, Councilmember-at-Large, May 17, 2004 – December 31, 2009. - Thomas H. Kirkham, Second Ward Councilmember, January 1, 2008 – December 31, 2009 Mrs. Baker presented Mr. Douglas and Mr. Kirkham with their Council nameplates. Mrs. Baker, Mr. Titterington, Mr. Cultice, Mr. Kerber, and members of Council thanked Mr. Douglas and Mr. Kirkham for their service to the community during their time on Troy City Council. COMMENTS OF THE DIRECTOR OF PUBLIC SERVICE AND SAFETY. Mr. Titterington commented that it seemed the 12-21-09 edition of the paper implied he had determined what Troy wants. He clarified that he had not made such a statement and would not presume to make such a statement. Mr. Titterington stated he did feel that the Stonebridge Meadows development would be a gem for the City. COMMENTS OF THE PRESIDENT OF COUNCIL. Mrs. Baker joined Mr. Titterington in wishes for a safe holiday season for all citizens. COMMENTS OF COUNCIL. - Mr. Kirkham thanked the citizens for their support, he stated he has voiced his opinion on many subjects, and he expressed his appreciation for the help of elected officials, staff and all city workers during his term on Council. - Mr. Douglas commented that he believes Troy is a blessed community, he is proud to be part of the community and wants only the best for the community. Mr. Douglas stated that he has enjoyed working for the citizens as an elected official. AUDIENCE COMMENTS. Denny Wannemacher, 1335 Greenfield, commented that Council taught him a valuable lesson on government at this meeting, but he does not feel it is the right lesson. In response to a question of Mr. Wannemacher regarding the wording of Ordinance No. O-29-2009, Mr. Kerber advised that the wording is legally sufficient. Debra Stichter, 467 W. Staunton Road, commented that she felt the comments at this meeting were not about Stonebridge Meadows as they are ok with that, but about the emergency wording, and that Council found a way to silence public participation. She commented this was not a victory for the City. Jerry Stichter, 467 W. Staunton Road, commented that the recording of the 12-17-2009 Law & Ordinance Committee meeting was not yet available for viewing. He commented that development is good as the community has to keep growing, but he objects to changing the wording to the emergency. Mr. Stichter asked about who will pay for the realignment of Washington Road (shown on the Stonebridge Meadows map), with Mr. Titterington December 21, 2009 Page Six advising that the road work would be part of the long-range plan, the funding will be shared with the City, County, and MVRPC, and he would research the matter and respond to Mr. Stichter. (Mr. Harrah commented that he supported the development, but not the emergency provision.) Jake Minesinger commended Council on the Stonebridge Meadows decision, and stated he realizes the decision did not come lightly. Lester Conard, 1210 S. Clay Street, commented that he felt like Council lied. Kelly Browning, 213 S. Short Street, commented on a number of subjects, including concern about how big Troy may get and that the more homes the less valuable the homes. She indicated she prefers the community to be unique. When watching recordings of meetings, it seems that questions are not often addressed. With the economy, no raises and reduced work hours for some such as herself, why would the City invest in trade missions as she does not see new business results with full time jobs, but sees new business in Sidney where officials do not invest in trade missions. She saw a tape of a meeting where a citizen was cut off. The City does not discuss why the water plant has such a large capacity, which she feels was because of Panasonic and that company left Troy after receiving tax abatement. Vectren is installing gas lines without stops, does not hire plumbers to check the work, and this is not safe. Mrs. Baker advised Mrs. Browning that: responses are not always provided as the information may not be known but Mr. Titterington and staff later provide responses; she will ask Mr. Titterington to follow up on the Vectren matter; and she is not aware of a citizen being cut off but will look at some recordings; however, at a committee meeting Council is not obligated to entertain public comments. Fire Chief Boehringer advised that Mr. Browning had talked to him about Vectren, and he has discussed this with the City Engineer, who is also looking into the matter. Diane Matthews, 2630 Fieldstone Court, stated she has no problem with moving on and forward, but the issue is not just houses, it is also the over-crowding of Concord School, and that many of the people spoke in favor of Stonebridge Meadows will benefit financially. Mrs. Baker noted that school officials are consulted on developments. Charles Cochran, on behalf of the Troy Area Chamber of Commerce and the Troy Development Council thanked Mr. Douglas and Mr. Kirkham for their service, noting that both have had the best interest of the community at heart. He also commented that we are not a democracy, but representative government and elected officials have to look at the community as a whole, and this is what he saw happen in regard to Stonebridge Meadows. In regard to some of the comments regarding economic development, Mr. Cochran noted that Troy is the location of 21 international companies and 86 domestic companies that have located, expanded and invested in the community, and he is pleased that Sidney is also doing well as that success benefits the entire region. There being no further business, Council adjourned at 8:55 p.m. ________________lsl__________________ _________________/s/_____________________ Clerk of Council President of Council |