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January 4, 2010 MINUTES OF COUNCIL A regular session of Troy City Council was held Monday, January 4, 2010, at 7:00 p.m. in Council Chambers. Members Present: Clark, Harrah, Hutchinson, Phillips, Schweser and Stubbs. Upon motion of Mr. Schweser, seconded by Mr. Harrah, 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, Director of Law Richard L. Cultice, Auditor INVOCATION: An invocation was given by Council member Clark. ORDINANCE NO. O-1-2010 ORDINANCE EMPLOYING CLERK OF COUNCIL, AND FIXING COMPENSATION This Ordinance was given first title reading. Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Schweser. Yes: Harrah, Hutchinson, Phillips, Schweser, Stubbs and Clark. No: None. Mr. Clark moved for adoption. Motion seconded by Mr. Phillips. Yes: Hutchinson, Phillips, Schweser, Stubbs, Clark and Harrah. No: None. ORDINANCE ADOPTED The Oath of Office was administered to the Clerk of Council. ELECTION OF PRESIDENT OF COUNCIL PRO TEM. A motion was made by Mr. Clark, seconded by Mr. Phillips, to nominate Mr. Harrah as President of Council Pro Tem. There were no other nominations. Mr. Harrah was elected President of Council Pro Tem by unanimous roll call vote. ELECTION OF CLERK OF COUNCIL PRO TEM. A motion was made by Mr. Phillip, seconded by Mr. Schweser, to nominate Mr. Clark as Clerk of Council Pro Tem. There were no other nominations. Mr. Clark was elected Clerk of Council Pro Tem by unanimous roll call vote. MINUTES: The Clerk gave a summary of the minutes of the December 21, 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. Hutchinson, to approve these minutes. Motion passed by unanimous roll call vote. COMMITTEE REPORTS: Law & Ordinance Committee: Mr. Schweser, Chairman, gave the oral report of notice of new D-3 liquor permit for Chipotle Mexican Grill of Colorado LLC, 1934 West Main Street. COMMENTS REGARDING COMMITTEE REPORTS OR AGENDA ITEMS. None. RESOLUTION NO. R-1-2010 RESOLUTION AUTHORIZING THE SALE DURING CALENDAR YEAR 2010 OF MUNICIPALLY-OWNED PERSONAL PROPERTY WHICH IS NOT NEEDED FOR PUBLIC USE, OR WHICH IS OBSOLETE OR UNFIT FOR THE USE FOR WHICH IT WAS ACQUIRED BY INTERNET AUCTION, PURSUANT TO OHIO REVISED CODE SECTION 721.15 (D) This Resolution was given first title reading. January 4, 2010 Page Two Mr. Schweser moved for suspension of rules requiring three readings. Motion seconded by Mr. Clark. Yes: Stubbs, Clark, Harrah, Hutchinson, Phillips and Schweser. No: None. Mr. Harrah moved for adoption. Motion seconded by Mr. Hutchinson. Yes: Clark, Harrah, Hutchinson, Phillips, Schweser and Stubbs. No: None. RESOLUTION ADOPTED ORDINANCE NO. O-2-2010 AN ORDINANCE AMENDING SECTIONS 1133.02 AND 1155.08 OF THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO This Ordinance was given first title reading. COMMENTS OF THE MAYOR: Mayor Beamish welcomed new members of Council Phillips and Stubbs. (note – The Mayor distributed his annual report; copy attached to original minutes.) COMMENTS OF DIRECTOR OF PUBLIC SERVICE AND SAFETY: Mr. Titterington commented as follows: -With the next cycle of utility bills mailed to citizens, the bills will have a new appearance and contain some general information. The next step in the billing system is the ability to pay bills on line. - The December 2009 winter weather costs were less than for December 2008. - City offices will be closed January 18 for the Dr. Martin Luther King Holiday. (note – the Director of Law distributed his annual report; copy attached to original minutes.) COUNCIL COMMENTS: - Mr. Clark commented that the Safety & Health Committee will meet following the Council meeting regarding adopting the County Debris Management Plan. - Mr. Harrah commented that as a Councilmember-at-Large he will do his best to represent the interests of the entire City. COUNCIL PRESIDENT COMMENTS: Mrs. Baker commented as follows: - On January 11, Council will meet in a workshop to review Council Rules and other organizational items. - Several events are planned to commemorate Dr. Martin Luther King, Jr., including a brunch at the Church of the Brethren on January 16 and the January 18 memorial march followed by a service at St. Patrick Church. Mrs. Baker noted that the public is encouraged to attend the events. CITIZEN COMMENTS: - Lester Conard, 1210 S. Clay Street, commented that he welcomed the new 4th Ward Councilmember and he hoped to be as proud of him as he was of the prior councilmember. - Kelly Browning, 213 S. Short Street, commented that she did not feel she received responses to her questions at the December 21 meeting and she did not feel citizens routinely receive responses. Mr. Titterington stated he felt her comments, other than those regarding Vectren, were responded to by himself and Troy Development Council President Cochran during the prior meeting. Mrs. Browning commented that she had questions not addressed regarding how many persons would be on the trade mission to China, and what kind of jobs result from the trade missions – permanent or part time. Mr. Titterington commented that the City has not visited China in the past, has been invited to do so in 2010 based on business interest, two City representatives would visit China during the trip to visit current and prospective businesses in Japan, about 1.5 days would be spent in China, jobs do result from the trade missions, it is understood that the majority of the employees are permanent, and the Development Director will provide additional job information after research, and the City is researching prior comments regarding Vectren installations. - Dennis Browning, 213 S. Short Street, asked if a citizen giving an address during comments is to be a resident or business address and the purpose of the address. The Clerk commented that whatever address given is recorded without clarification requested and is used in the event of follow-up communication. Mr. Browning asked about a Plum Street address provided at the prior meeting and was advised that it is understood that was the business address of the applicant of a planned development. Mr. Browning asked Mr. Kerber if someone moved into an address and the neighboring property devalued as a result of what that person does to his property, can the neighbor get recourse against the party that devalues his property. Mr. Kerber said each situation is different and January 4, 2010 Page Three he could not address the question as posed. Mr. Browning then asked Mr. Kerber about the emergency purpose of Ordinance No. O-29-2009, with Mr. Kerber advising that he had addressed another question at the prior meeting as to legal sufficiency and he offered to meet with Mr. Browning and discuss more specific questions if Mr. Browning wished. There being no further business, the meeting adjourned at 7:28 p.m. ____________________/s/____________________ _________________/s/__________________ Clerk of Council President of Council |