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March 16, 2009 MINUTES OF COUNCIL A regular session of Troy City Council was held Monday, March16, 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, 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-27-2008. There were no comments in this regard. At 7:03 p.m., Mrs. Baker declared this public hearing closed. MINUTES: The Clerk of Council gave a summary of the minutes of the March 2, 2009 meeting of Troy City Council. There were no corrections or additions to these minutes. A motion was made by Mr. Hutchinson, seconded by Mr. Kirkham, 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 bidding for the painting of the under deck of the home side of the Troy Memorial Stadium at a cost not to exceed $65,000. Report signed by Douglas, Kirkham and Harrah. Finance Committee: Mr. Douglas, Chairman, reported that Committee had reviewed the report and recommendations of the Enterprise Zone Tax Incentive Review Council (EZ TIRC), and recommended that legislation be prepared to accept the recommendations of the EZ TIRC as follows: that Enterprise Zone Agreements 17, 22, 25, 27, 28, 29, 31 and 32 be continued; that Enterprise Zone Agreements 11, 18, 21, and 24 be terminated as requested by the companies; and that the Troy Towne Park TIF be continued. In that Enterprise Zone reports must be filed with the Ohio Department of Development prior to the end of March, Committee supported emergency legislation. Report signed by Kendall, Schweser and Douglas. Law & Ordinance Committee: Mr. Kendall, Chairman, reported that Committee supports the request of Speedway SuperAmerica, LLC for a TREX Liquor permit for the new Speedway station at 1475 W. Market Street for C-1 and C-2 permits, which are carry out permits. The quota for these permits have been met for Troy. Speedway would TREX two such permit categories that they own and that have been issued in Ironton. Committee recommended that a letter of support be provided by the Director of Public Service and Safety for this TREX application. Committee noted that as this is not a matter of legislation, acceptance of the Committee Report would be requested. Committee also noted that Council has established a limit of two TREX applications. While others were previously supported, the permits were not obtained. Report signed by Clark, Douglas and Kendall. A motion was made by Mr. Kendall, seconded by Mr. Clark, to accept the report and recommendation of the Finance Committee regarding the TREX application of Speedway SuperAmerica LLC. MOTION PASSED, UNANIMOUS VOTE Personnel Committee: Mr. Clark, Chairman, reported that Committee recommends legislation be prepared establishing a Laborer (Grandfathered Meter Reader) position at the pay of $22.36 per hour. This is a follow up to the prior abolishment of the meter reader position effective April 1, 2009, as a part of the purchase authorization of an automated meter reading system with persons assigned as meter readers on a full time basis no longer being required So that the meter readers can be assimilated into laborer positions without loss of pay, the Ordinance amendment is needed as other laborer rates are less. This grandfathered position would be only for the prior meter readers and would exist only as long as the incumbent meter readers held the grandfathered laborer position. So that the transition can be made by the April 1 date of the abolishment of the meter reader position, Committee supports emergency legislation. Report signed by Harrah, Schweser and Clark. March 16, 2009 Page Two COMMENTS REGARDING COMMITTEE REPORTS OR AGENDA ITEMS: NONE RESOLUTION NO. R-14-2009 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO SUBMIT APPLICATIONS FOR FEDERAL AMERICAN REINVESTMENT AND RECOVERY ACT OF 2009 FUNDS, THROUGH THE MIAMI VALLEY REGIONAL PLANNING COMMISSION AND DECLARING AN EMERGENCY This Resolution was given first title reading on March 2, 2009. Given second title reading. Mr. Harrah moved for suspension of rules requiring three readings. Motion seconded by Mr. Douglas. Yes: Harrah, Kirkham, Douglas, Schweser, Hutchinson, Clark and Kendall. No: None. Mr. Schweser moved for adoption. Motion seconded by Mr. Harrah. Yes: Kirkham, Douglas, Schweser, Hutchinson, Clark, Kendall and Harrah. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-15-2009 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 PAINTING OF THE UNDER DECK OF THE TROY MEMORIAL STADIUM This Resolution was given first title reading. Mr. Schweser moved for suspension of rules requiring three readings. Motion seconded by Mr. Clark. Yes: Douglas, Schweser, Hutchinson, Clark, Kendall, Harrah and Kirkham. No: None. Mr. Clark moved for adoption. Motion seconded by Mr. Douglas. Yes: Schweser, Hutchinson, Clark, Kendall, Harrah, Kirkham and Douglas. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-16-2009 RESOLUTION ACCEPTING THE RECOMMENDATIONS OF THE ENTERPRISE ZONE TAX INCENTIVE REVIEW COUNCIL AND DECLARING AN EMERGENCY This Resolution was given first title reading. Mr. Douglas moved for suspension of rules requiring three readings. Motion seconded by Mr. Kendall. Yes: Hutchinson, Clark, Kendall, Harrah, Kirkham, Douglas and Schweser. No: None. Mr. Hutchinson moved for adoption. Motion seconded by Mr. Clark. Yes: Clark, Kendall, Harrah, Kirkham, Douglas, Schweser and Hutchinson. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-17-2009 RESOLUTION ACCEPTING THE TERMINATION REQUESTS FOR ENTERPRISE ZONE AGREEMENTS This Resolution was given first title reading. Mr. Kendall moved for suspension of rules requiring three readings. Motion seconded by Mr. Schweser. Yes: Kendall, Harrah, Kirkham, Douglas, Schweser, Hutchinson and Clark. No: None. Mr. Schweser moved for adoption. Motion seconded by Mr. Kirkham. Yes: Harrah, Kirkham, Douglas, Schweser, Hutchinson, Clark and Kendall. No: None. RESOLUTION ADOPTED March 16, 2009 Page Three RESOLUTION NO. R-18-2009 RESOLUTION ACCEPTING THE RECOMMENDATIONS OF THE ENTERPRISE ZONE TAX INCENTIVE REVIEW COUNCIL FOR THE TROY TOWNE PARK TIF This Resolution was given first title reading. Mr. Hutchinson moved for suspension of rules requiring three readings. Motion seconded by Mr. Schweser. Yes: Kirkham, Douglas, Schweser, Hutchinson, Clark, Kendall and Harrah. No: None. Mr. Clark moved for adoption. Motion seconded by Mr. Douglas. Yes: Douglas, Schweser, Hutchinson, Clark, Kendall, Harrah and Kirkham. 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 on February 17, 2009. Given seventh title reading on March 2, 2009. Given eighth title reading. Mr. Kendall moved for adoption. Motion seconded by Mr. Douglas. Yes: Schweser, Hutchinson, Clark, Kendall, Harrah, Kirkham and Douglas. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-10-2009 AN AMENDED ORDINANCE AMENDING SECTION 935.07 OF THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO RELATED TO CEMETERY FEES This Ordinance was given first title reading on March 2, 2009. Given second title reading. A motion was made by Mr. Harrah, seconded by Mr. Kirkham, to amend O-10-2009 to make the effective date of the Cemetery Fees May 1, 2009 instead of April 1, 2009. MOTION PASSED, UNAMIMOUS VOTE Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Schweser. Yes: Clark, Kendall, Harrah, Kirkham, Douglas, Schweser and Hutchinson. No: None. Mr. Schweser moved for adoption. Motion seconded by Mr. Clark. Yes: Kendall, Harrah, Kirkham, Douglas, Schweser, Hutchinson and Clark. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-11-2009 ORDINANCE AMENDING ORDINANCE NO. O-51-06, AS AMENDED BY ORDINANCE NO. O-18-2008 AND O-22-2008, 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: Harrah, Kirkham, Douglas, Schweser, Hutchinson, Clark and Kendall. No: None. Mr. Schweser moved for adoption. Motion seconded by Mr. Kirkham. Yes: Kirkham, Douglas, Schweser, Hutchinson, Clark, Kendall and Harrah. No: None. ORDIANCE ADOPTED March 16, 2009 Page Four COMMENTS OF THE MAYOR. Mayor Beamish commented that on March 20, the US Park Service will be holding a meeting in Troy and will be discussing recreational opportunities in Troy. The Mayor also mentioned that on March 23, installation will start on the two new handicap accessible swings at the Community Park and Duke Park. He noted that The Troy Foundation provided the funds for the playground equipment and that others partnered in the grant application. COMMENTS OF THE DIRECTOR OF PUBLIC SERVICE AND SAFETY. Mr. Titterington commented that as the April 15 income tax filing deadline approaches, the City Income Tax Office will have extended evening hours on five dates for the convenience of citizens. COMMENTS OF PRESIDENT OF COUNCIL. Mrs. Baker commented that Council has been invited to participate in the May 25 Memorial Day Parade. Mrs. Baker also stated she appreciates the new format the Engineering – Planning area is using in the report to Council. COMMENTS OF MEMBERS OF COUNCIL. Mr. Clark congratulated the Mayor and Michael Ham for the successful grant application to add the handicap accessible swings, and he commented that he hopes there is information to the public on this. COMMENTS OF THE AUDIENCE: Deborah Stichter, 467 W. Staunton Road, asked about liquor permits, the TREX process, and the permit category used by the Hobart Arena. She also asked about handicap accessibility to get to the handicap restrooms next to the Barn in the Park in the Community Park. There being no further business, the meeting adjourned at 7:35 p.m. ________________/s/________________________ ________________/s/___________________ President Clerk of Council |