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February 17, 2009 MINUTES OF COUNCIL A regular session of Troy City Council was held Tuesday, February 17, 2009, at 7:00 p.m. in Council Chambers. Members Present: Clark, Douglas, Harrah, Hutchinson, Kirkham and Schweser. Upon motion of Mr. Harrah, seconded by Mr. Schweser, Mr. Kendall 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 Acting Director of Law Richard L. Cultice, Auditor INVOCATION: An invocation was given by Council Member Schweser. INTRODUCTION: Mr. Titterington introduced Tim Davis, who had been employed as a Planner and has been promoted to the new position of Planning and Zoning Manager. MINUTES: The Clerk of Council gave a summary of the minutes of the February 2, 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 Committee recommends legislation be prepared authorizing the City to make payment to Miami County for the City’s share of costs associated with the Experiment Farm Road/Farrington Road Intersection Improvement Project, which will be bid by the County, in the total amount of $183,209.59 ($26,485.87 for land acquisition and $156,723.72 for construction). Report signed by Douglas, Kirkham and Harrah. Law & Ordinance Committee: Mr. Douglas reported that Committee has held four committee meetings to review the Zoning Code, considerable changes have been made as proposed by the Home Builders Association and other citizens, and Committee recommends that the current proposed Code, with those changes, be adopted. Committee noted that an additional public hearing will be required before the Code can be approved. Report signed by Clark and Douglas. Personnel Committee: Mr. Clark, Chairman, reported that Committee is supportive of the Mayor’s reappointment of Gary Cline to the Enterprise Zone Tax Incentive Review Council for a new term ending Oct. 19, 2011. Report signed by Harrah, Schweser and Clark. A motion was made by Mr. Clark, seconded by Mr. Hutchinson, to accept the report of the Personnel Committee and approve the reappointment of Mr. Cline. Motion passed unanimous vote. Safety & Health Committee: Mr. Kirkham, Chairman, reported as follows: 1) Committee recommends legislation be prepared to adjust ambulance fees as follows and include new fees for Refusal of Transport and Treatment with No Transport: PROPOSED EFFECTIVE DATE OF LEGISLATION Basic Life Support (BLS) $379 Advanced Life Support (ALS) #1 $767 Advanced Life Support (ALS) #2 $843 Plus, Loaded Mile Charge $ 10.76 per loaded mile Refusal of Transport $ 50 Treated with no Transport $ 100 Committee further recommended that the legislation include a provision to adjust ambulance fees annually based on the Ambulance Inflation Factor (AIF) published by the Center for Medicare and Medicaid (CMS). February 17, 2009 Page Two 2) Committee recommends legislation be prepared providing for a one-year agreement for the City to provide EMS services for a defined area of Lostcreeek Township effective April 1, 2009. Committee noted that the Township will reimburse the City based on the new ambulance fees. This contract will be evaluated during the year to determine if a longer term contract should be proposed in the future. Reports signed by Harrah, Hutchinson and Kirkham. Utilities Committee: Mr. Schweser, Chairman, reported that Committee recommends legislation be prepared authorizing bidding for the replacement of the two screw 35 year old pumps in the Madison Street Storm Water Pump Station at a cost not to exceed $570,000. Committee noted that the current estimate exceeds the budgeted amount of $500,000 and if the bids are higher than the budget amount, other projects can be reduced or there could be a reappropriation. Report signed by Hutchinson and Schweser. COMMENTS REGARDING COMMITTEE REPORTS OR AGENDA ITEMS: Lester Conard, 1210 S. Clay Street, asked about O-9-2009 (parked vehicle extending into driving lane) - how long a vehicle would need to be to be cited. Mr. Titterington advised that if the vehicle extends into the driving lane it will be cited or ticketed. Mr. Conard stated he appreciated the answer to a question posed at the prior meeting regarding cutting back the sidewalk so there is room to park, but he feels the amount ($2.1 Million) was too high. He stated he thinks the enforcement of the Ordinance will be a detriment to people coming downtown. RESOLUTION NO. R-11-2009 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 THE REPLACEMENT OF TWO SCREW PUMPS AT THE MADISON STREET STORM WATER PUMP STATION This Resolution was given first title reading. Mr. Hutchinson moved for suspension of rules requiring three readings. Motion seconded by Mr. Schweser. Yes: Hutchinson, Harrah, Kirkham, Schweser, Douglas and Clark. No: None. Mr. Clark moved for adoption. Motion seconded by Mr. Hutchinson. Yes: Harrah, Kirkham, Schweser, Douglas, Clark and Hutchinson. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-12-2009 A RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO MAKE PAYMENT TO MIAMI COUNTY FOR ITS PORTION OF COSTS ASSOCIATED WITH THE EXPERIMENT FARM ROAD/FARRINGTON ROAD INTERSECTION IMPROVEMENT PROJECT This Resolution was given first title reading. Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Douglas. Yes: Kirkham, Schweser, Douglas, Clark, Hutchinson and Harrah. No: None. Mr. Schweser moved for adoption. Motion seconded by Mr. Harrah. Yes: Schweser, Douglas, Clark, Hutchinson, Harrah and Kirkham. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-13-2009 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO A CONTRACT WITH THE LOSTCREEK TOWNSHIP BOARD OF TRUSTEES TO PROVIDE EMERGENCY MEDICAL SERVICES TO A SPECIFIC GEOGRAPHIC AREA OF LOSTCREEK TOWNSHIP This Resolution was given first title reading. Mr. Hutchinson moved for suspension of rules requiring three readings. Motion seconded by Mr. Schweser. Yes: Douglas, Clark, Hutchinson, Harrah, Kirkham and Schweser. No: None. February 17, 2009 Page Three Mr. Douglas moved for adoption. Motion seconded by Mr. Clark. Yes: Clark, Hutchinson, Harrah, Kirkham, Schweser and Douglas. No: None. RESOLUTION ADOPTED ORDINANCE NO. O-27-2008 AN AMENDED 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 on January 5, 2009. Given fourth title reading on January 20, 2009. Given fifth title reading on February 2, 2009. Given sixth title reading. ORDINANCE NO. O-8-2009 AN ORDINANCE AMENDING SECTION 1509.02 OF THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO CONCERNING EMERGENCY AMBULANCE SERVICES This Ordinance was given first title reading. Mr. Hutchinson moved for suspension of rules requiring three readings. Motion seconded by Mr. Schweser. Yes: Hutchinson, Harrah, Kirkham, Schweser, Douglas and Clark. No: None. Mr. Clark moved for adoption. Motion seconded by Mr. Douglas. Yes: Harrah, Kirkham, Schweser, Douglas, Clark and Hutchinson. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-9-2009 AN ORDINANCE AMENDING SECTIONS 351.03(p), 351.99 AND 353.99A(a) OF THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO RELATED TO PARKING FINES AND PARKING IN THE ROADWAY PORTION OF CITY STREETS This Ordinance was given first title reading. Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Hutchinson. Yes: Kirkham, Schweser, Douglas, Clark, Hutchinson and Harrah. No: None. Mr. Schweser moved for adoption. Motion seconded by Mr. Douglas. Yes: Schweser, Douglas, Clark, Hutchinson, Harrah and Kirkham. No: None. ORDINANCE ADOPTED COMMENTS OF THE MAYOR. Mayor Beamish commented that the Troy Strawberry Festival kickoff event will take place February 19, Troy has received the 23rd consecutive Tree City USA designation, and that the March 7 Mayor’s Prayer Breakfast is open to anyone who wishes to attend. COMMENTS OF THE DIRECTOR OF PUBLIC SERVICE AND SAFETY. Mr. Titterington stated that the proposed Zoning Code is on the City web site, along with a companion document that discusses conditional uses. Mr. Titterington noted that the 12 members of the Troy Police Auxiliary worked a total of 2,835 hours during 2008. He noted that the excellent and valuable service of the Auxiliary members saves the City well over $100,000, and the members are to be commended on their service to the community. COMMENTS OF PRESIDENT OF COUNCIL. Mrs. Baker stated she was impressed with how well Hobart Arena staff were able to respond to and provide immediate care to an injured spectator on February 14. February 17, 2009 Page Four COMMENTS OF MEMBERS OF COUNCIL. -Mr. Clark congratulated Tim Davis on his new position and offered best wishes to retiring employee Richard Sponsler. -Mr. Schweser congratulated Ken Siler and the Hobart Arena staff with the training they have provided those involved in the sale of alcohol. He stated that attendance at the Bombers’ games has been up, and the Arena netted $3,000 after all expenses were met associated with the sale of alcohol at the February 7 game. There being no further business, the meeting adjourned at 7:35 p.m. _________________/s/______________________ _________________/s/__________________ President Clerk of Council |