(return to 2009 Minutes)

February 2, 2009
MINUTES OF COUNCIL

A regular session of Troy City Council was held Monday, February 2, 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
W. McGregor Dixon, Jr. Director of Law
Richard L. Cultice, Auditor

INVOCATION: An invocation was given by Council Member Kirkham.

MINUTES: The Clerk of Council gave a summary of the minutes of the January 20, 2009 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. Harrah, Chairman, reported that Committee recommends legislation be prepared authorizing Troy to participate in the Neighborhood Stabilization Program by becoming a party to the Joint Cooperating Agreement to apply for funds to be used for neighborhood improvements including demolition of foreclosed/abandoned/vacant residential properties. As the application deadline is 2-27-09, emergency legislation was supported.
Report signed by Douglas, Kirkham and Harrah.

Finance Committee: Mr. Douglas, Chairman, reported as follows:
1) Committee recommends legislation be prepared authorizing bidding for a replacement dump truck for the Street Division at a cost not to exceed $75,000.
2) Committee recommends legislation be prepared approving the partial release of a mortgage from the loan to Troy Business Park, LLC. 0.55 acres of IL 6900 is to be released so that the land can be sold to another party to establish a new bank. Sufficient security remains for the balance of the loan. Committee supports emergency legislation so that land sale can be completed without delay.
Reports filed by Kendall, Schweser and Douglas.

Law & Ordinance Committee: Mr. Kendall, Chairman, reported as follows:
1) Committee recommends legislation be prepared to approve the revised Sign Code, which will be separate from the Zoning Code. Committee noted that the Sign Code has been updated to be consistent with applicable laws.
2) Committee held a third meeting, supported some clarification to be provided to the Home Builders Association, and regarding other outstanding issues, and will then schedule another committee review.
3) Committee recommends legislation be prepared to amend the Traffic Code to make it illegal for parked vehicles to extend into City streets and to provide a penalty if a driver opens a door into a traffic lane and causes an accident.
4) Committee recommends a letter of support be provided for a TREX liquor application for a D-5 permit for Tin Roof, the new lessee of the Troy Marina Building.
Reports signed by Clark, Douglas and Kendall.
A motion was made by Mr. Kendall, seconded by Mr. Clark, to approve a letter of support being sent to the Ohio Department of Liquor Control for a D-5 TREX permit for Tin Roof, as recommended by the Law & Ordinance Committee. Motion passed by unanimous vote.

ORAL REPORT. Mr. Kendall gave the oral report of notice of the following liquor licenses:
-Transfer of owners, Leaf & Vine, 108 W. Main, from James W & Marilyn Dittner Ventures to Patricia A. Rose and Charles S. Sturwold.
-Transfer of owners, license at gasoline station at 1590 W. Main from Giant Dayton LLC to Troy Petroleum LLC, dba BP Food Mart & Gas Pumps.

February 2, 2009 Page Two

Personnel Committee: Mr. Clark, Chairman, reported as follows:
1) Committee recommends legislation be prepared amending the starting rate for part-time/seasonal positions at $7.30 per hour to be consistent with the state minimum wage law, and that the top wage for such positions be $10 per hour. Committee supported emergency legislation as these positions are filled throughout the year.
2) Committee recommends that Council support the Mayor’s reappointment of Roy Carlson to the Enterprise Zone Tax Incentive Review Council for term ending 10-19-2011, reappointment of Shirley Snyder to the Economic Development Revolving Loan Fund Committee for term ending 12-31-2012, and appointment of Russ Thayer to the Economic Development Revolving Loan Fund Committee to fill the unexpired term of Beverly Curtin to 12-31-2010. A motion was made by Mr. Clark, seconded by Mr. Hutchinson, to accept the report of the Personnel Committee and approve the reappointments and appointments recommended. Motion passed unanimous vote.
Reports signed by Harrah, Schweser and Clark.

Utilities Committee: Mr. Schweser, Chairman, reported as follows:
1) Committee recommends legislation be prepared authorizing an agreement with Tank Industry Consultants, Inc. for professional services of plans, specifications, bidding document preparation, and contract management for the repair and repainting of the Barnhart Road Water Tower and Stanfield Road Water Tower at a cost not to exceed $77,000. As the design needs to be completed as quickly as possible so information is provided to bid the work as early in the year as possible, emergency legislation was supported.
2) Committee recommends legislation be prepared authorizing the bidding of a valve insertion system for the Water Distribution Division at a cost not to exceed $50,000.
3) Committee recommends legislation be prepared authorizing the Director of Public Service and Safety to enter into an Energy Resources Demand Response Agreement with DPL Energy Resources regarding the City use of City generators during times of high energy demand within the system, noting that the City would be compensated up to $22,850 for each year of the two-year agreement. To meet the deadline date of February 16, 2009, to participate in this program, Committee supported emergency legislation.
Reports signed by Kendall, Hutchinson and Schweser.

COMMENTS REGARDING COMMITTEE REPORTS OR AGENDA ITEMS:
Lester Conard, 1210 S. Clay Street, regarding vehicles extending into the driving lane, stated he has talked to two members of Council and he believes the remedy would be to take our 1.5’ of sidewalk so tickets are not given and people not deterred from coming downtown. Mr. Kendall noted that it was agreed there would need to be education as to where the vehicles could park. Mr. Titterington commented that to follow Mr. Conard’s suggestion, the costs associated with tearing up the street scape work and cutting sidewalks back would be borne by all taxpayers. Mr. Kendall asked for a cost analysis of Mr. Conard’s suggestion.


RESOLUTION NO. R-5-2009
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO AN AGREEMENT WITH THE MIAMI COUNTY PUBLIC DEFENDER’S COMMISSION FOR 2009

This Resolution was given first title reading.

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


RESOLUTION NO. R-6-2009
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO AN AGREEMENT WITH DPL ENERGY RESOURCES, INC., REGARDING THE USE OF CITY GENERATORS AND DECLARING AN EMERGENCY

This Resolution was given first title reading.

February 2, 2009 Page Three

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

RESOLUTION NO. R-7-2009
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 A NEW DUMP TRUCK

This Resolution was given first title reading.

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


RESOLUTION NO. R-8-2009
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 A VALVE INSERTION SYSTEM

This Resolution was given first title reading.

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


RESOLUTION NO. R-9-2009
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO AN AGREEMENT WITH TANK INDUSTRY CONSULTANTS, FOR PROFESSIONAL SERVICES FOR THE REPAIR AND REPAINTING OF THE BARNHART ROAD WATER TOWER AND THE STANFIELD ROAD WATER TOWER AND DELCARING AN EMERGENCY

This Resolution was given first title reading.

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


RESOLUTION NO. R-10-2009
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO THE JOINT COOPERATING AGREEMENT RELATED TO THE NEIGHBORHOOD STABILIZATION PROGRAM, AND DECLARING AN EMERGENCY

This Resolution was given first title reading.


February 2, 2009 Page Four

Mr. Douglas moved for suspension of rules requiring three readings. Motion seconded by Mr. Kendall.
Yes: Schweser, Hutchinson, Kendall, Douglas, Harrah, Kirkham and Clark.
No: None.
Mr. Kendall moved for adoption. Motion seconded by Mr. Harrah.
Yes: Hutchinson, Kendall, Douglas, Harrah, Kirkham, Clark and Schweser.
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 on January 5, 2009.
Given fourth title reading on January 20, 2009.
Given fifth title reading.


ORDINANCE NO. O-4-2009
ORDINANCE AMENDING ORDINANCE NO. O-50-06, ESTABLISHING SALARIES 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. Schweser.
Yes: Kendall, Douglas, Harrah, Kirkham, Clark, Schweser and Hutchinson.
No: None.
Mr. Hutchinson moved for adoption. Motion seconded by Mr. Kendall.
Yes: Douglas, Harrah, Kirkham, Clark, Schweser, Hutchinson and Kendall.
No: None. ORDINANCE ADOPTED


ORDINANCE NO. O-5-2009
ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO APPROVE A RELEASE FOR CERTAIN REAL ESTATE HELD AS SECURITY FOR A MORTGAGE 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. Harrah.
Yes: Harrah, Kirkham, Clark, Schweser, Hutchinson, Kendall and Douglas.
No: None.
Mr. Clark moved for adoption. Motion seconded by Mr. Hutchinson.
Yes: Kirkham, Clark, Schweser, Hutchinson, Kendall, Douglas and Harrah.
No: None. ORDINANCE ADOPTED



ORDINANCE NO. O-6-2009
AN ORDINANCE TO APPROVE CURRENT REPLACEMENT PAGES TO THE TROY CODIFIED ORDINANCES, 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, Schweser, Hutchinson and Douglas.
No: Kendall, Harrah and Kirkham. RESOLUTION FAILED ADOPTION
DISCUSSION. It was discussed that the members who voted “no” had the understanding that this legislation included that associated with prohibiting parked vehicles from extending into a driving lane (see Law & Ordinance Committee reports). Mr. Dixon explained that this Ordinance refers to the annual update of the Codified
February 2, 2009 Page Five


Ordinances, which can include references to state law changes in traffic codes, but does not reflect the recommendation of the Law & Ordinance Committee and that such legislation has not yet been prepared. Mr. Dixon advised that a motion/vote to “reconsider O-6-2009” would be needed if Council wished to proceed with this Ordinance, and that if there is such a motion and it is approved, there would then need to be another motion for suspension before there could be a vote for adoption.

A motion was made by Mr. Kendall, seconded by Mr. Kirkham, that Council reconsider Ordinance No. O-6-2009.
Yes: Schweser, Hutchinson, Kendall, Douglas, Harrah, Kirkham and Clark.
No: None. MOTION TO RECONSIDER APPROVED

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

ORDINANCE NO. O-7-2009
AN ORDINANCE ADOPTING CHAPTER 749 OF THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO REGULATING SIGNS WITHIN THE CITY

This Ordinance was given first title reading.

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


RECOGNITION OF SERVICE OF W. McGREGOR DIXON, JR., DIRECTOR OF LAW.
Mr. Dixon has served as Director of Law since January 1, 1980. He is resigning at the end of the day February 8, 2009, as he has been elected to the position of Judge of the Miami County Court of Common Pleas, Juvenile and Probate Division. The Mayor presented a plaque to Mr. Dixon, thanked him for his commitment and service to the City, and wished him the very best in his new position. Members of Council and the City Administration also commended Mr. Dixon for his outstanding service as Law Director.
During his comments, Mr. Dixon reflected back on some of the issues the City has faced, and in which he had been involved over the past 29 years. He also noted changes that have taken place in Troy and nationally over those three decades. Mr. Dixon thanked those he had worked with.

COMMENTS OF THE MAYOR.
Mayor Beamish stated he would be appointing Assistant Director of Law Grant D. Kerber to the position of Acting Director of Law. The Republican Central Committee will be making a permanent appointment to the position.

COMMENTS OF PRESIDENT OF COUNCIL.
Mrs. Baker noted that some members of Council toured the Troy REC building prior to the Council meeting and found the tour and information received to be valuable.

COMMENTS OF COUNCIL.
Mr. Douglas noted that the poverty simulation sponsored by Partners in Hope is being rescheduled and Council members will receive information. This event had to be cancelled earlier in the month due to the weather.

CITIZEN COMMENTS.
-Elmer Jordan, 2586 Brookview Drive, suggested there be a bike area when the Adams Street Bridge is replaced, laws be established for bicyclists regarding proper riding especially at night, the bicycle license be reinstated, and the City take over the Martin Marietta gravel pits and turn them into recreational lakes. Mr. Titterington advised that a bike lane is part of the Adams Street project, there are regulations regarding riding bicycles and he will look at ways to refresh the citizens with such information, and at this time it is not understood that the gravel pits have been abandoned.


There being no further business, the meeting adjourned at 8:04 p.m.


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President                                                Clerk of Council