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December 20, 2010 MINUTES OF COUNCIL A regular session of Troy City Council was held Monday, December 20, 2010, at 7:00 p.m. in Council Chambers. Members Present: Clark, Harrah, Hutchinson, Kendall, Schweser and Stubbs. Upon motion of Mr. Harrah, seconded by Mr. Schweser, Mr. Phillips 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 Richard L. Cultice, Auditor Grant D. Kerber, Director of Law INVOCATION: An invocation was given by Council member Hutchinson. PUBLIC HEARING: At 7:02 p.m., Mrs. Baker declared open a public hearing on Ordinance No. O-30-2010. - Steve Kalmar, 436 Miami Street, stated he attended some of the public meetings on this subject, especially those related to the north side of the City. He stated he understood the rezoning was undertaken by staff and the Planning Commission to straighten out some zoning anomalies in built up areas of the City, and he supports that; however, the Ordinance includes a rezoning for that area formerly know as Honey Creek, which area is undeveloped and has been subject of referendums when the owner previously attempted to have it rezoned. He suggested the two parcels on both sides of Troy-Piqua Road that make up that vacant land be removed from the Ordinance to avoid another referendum. Mr. Kalmar also commented that with this may not have been the best time for the hearing due to the Christmas season. There were no further comments in this regard, and at 7:10 p.m., Mrs. Baker declared this public hearing closed. MINUTES: The Clerk gave a summary of the minutes of the December 6, 2010, meeting of Troy City Council. There were no corrections or additions to these minutes. A motion was made by Mr. Clark, seconded by Mr. Hutchinson, to approve these minutes. Motion passed by unanimous roll call vote. COMMITTEE REPORTS: Finance Committee: Mr. Kendall, Chairman, reported that Committee recommends legislation be prepared authorizing the Director of Public Service and Safety to enter into a contract with the Rozzi Company, Inc. for the fireworks for July 4, 2011 and July 4, 2012 at a cost not to exceed $31,500 per year. Committee noted that the contract includes a provision to get out of the contract the second year if funding is an issue. Report signed by Schweser, Stubbs and Kendall. Law & Ordinance Committee: Mr. Schweser, Chairman, reported that Committee considered Ordinance No. O-26-2010, which provides for Ordinance amendments to eliminate legislative redundancy and provide some additional clarification regarding fences. Following review of citizen comments, committee recommends Ordinance No. O-26-2010 be amended to include the below fourth exception to paragraph (k) and the amended Ordinance be approved. (k) (4) On any side where a legally preexisting fence was constructed off of the property line prior to the enactment of Section (k) (4), provided that there is a minimum of five (5) feet between adjacent fences. The applicant shall make every effort to avoid a second fence where feasible. Report signed by Kendall and Schweser. Mr. Schweser gave the oral report of notice of an application from the Ohio Department of Liquor Control for transfer of current D5 and D6 permits from safekeeping for Cork N Vine LLC, dba Dagwoods Deli, 1741 W. Main Street & Patio, to the name of John Grote, 1741 West Main Street & Patio December 20, 2010 Page Two Personnel Committee: Mr. Stubbs reported as follows: 1) Committee recommends the Ordinance containing wages for seasonal and part-time employees be amended to reflect a new hire wage of $7.40 per hour to be in compliance with the 2011 Ohio minimum wage. 2) Committee recommends legislation be prepared to amend salary ordinances for a reorganization within the Department of Collections (Income Tax and Utility Billing & Collection Offices) that will result in an estimated annual budgetary savings of approximately $48,000. (Copy of report attached to original minutes). The legislation to be amended is: . * Amending Ordinance No. O-33-2009 to change the title “Fiscal Supervisor” to “Fiscal Manager” at the same management pay grade. * Amending Ordinance No. O-33-2009 to create a new FLSA-exempt position of Account Supervisor, at the Management 1 pay grade. Position is to be filled by incumbent in current “billing clerk” position. This would create another layer of supervision at times the “Fiscal Manager” is not available and to assist with supervising daily workloads. * Amending Ordinance No. O-32-2009 to abolish the position of Billing Clerk at the time the position of Account Supervisor is filled. * Both offices have long used the titles “Clerk-Cashier” and “Account Clerk”. Those titles are not particularly reflective of the positions. More reflective titles are Account Representative and Account Analyst. An amendment to Ordinance No. O-32-2009 is recommended to change the titles, and to abolish one of the positions in the Billing and Collection Office. Report signed by Clark and Stubbs. Safety & Health Committee: Mr. Clark, Chairman, reported as follows: 1) Committee recommends legislation be prepared authorizing the Director of Public Service and Safety to enter into a contract with the Miami County Health District for health services for Troy citizens for 2011, with funding to the district in the amount of $330,762.99. 2) Committee recommends legislation be prepared authorizing the Director of Public Service and Safety to enter into an agreement with Engage Medical to provide third party ambulance services billing with the company to receive up to 4% of the billings collected. Committee noted the current billing agreement pays another company 7% of the billings collected. Reports signed by Harrah, Hutchinson and Clark. COMMENTS REGARDING COMMITTEE REPORTS OR AGENDA ITEMS: None RESOLUTION NO. R-74-2010 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO AN AGREEMENT WITH ENGAGE MEDICAL TO PROVIDE THIRD-PARTY EMERGENCY AMBULANCE SERVICES BILLING This Resolution was given first title reading. Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Hutchinson. Yes: Schweser, Hutchinson, Kendall, Clark, Stubbs and Harrah. No: None. Mr. Schweser moved for adoption. Motion seconded by Mr. Harrah. Yes: Hutchinson, Kendall, Clark, Stubbs, Harrah and Schweser. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-75-2010 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO, TO ENTER INTO AN AGREEMENT WITH THE MIAMI COUNTY GENERAL HEALTH DISTRICT FOR HEALTH SERVICES This Resolution was given first title reading. December 20, 2010 Page Three Mr. Kendall moved for suspension of rules requiring three readings. Motion seconded by Mr. Hutchinson. Yes: Kendall, Clark, Stubbs, Harrah, Schweser and Hutchinson. No: None. Mr. Kendall moved for adoption. Motion seconded by Mr. Hutchinson. Yes: Clark, Stubbs, Harrah, Schweser, Hutchinson and Kendall. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-76-2010 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO TO ENTER INTO CONTRACTS WITH THE ROZZI COMPANY, INC. This Resolution was given first title reading. Mr. Hutchinson moved for suspension of rules requiring three readings. Motion seconded by Mr. Kendall. Yes: Stubbs, Harrah, Schweser, Hutchinson, Kendall and Clark. No: None. Mr. Clark moved for adoption. Motion seconded by Mr. Kendall. Yes: Harrah, Schweser, Hutchinson, Kendall, Clark and Stubbs. No: None. RESOLUTION ADOPTED ORDINANCE NO. O-26-2010 AN ORDINANCE REPEALING SECTION 1149.09 AND AMENDING SECTION 521.07 OF THE CODIFIED ORDINANCES OF THE CITY OF TROY, OHIO This Ordinance was given first title reading on October 18, 2010. Given public hearing and second title reading on November 1, 2010. Given third title reading on November 15, 2010. Given fourth title reading on December 6, 2010. Given fifth title reading. A motion was made by Mr. Schweser, seconded by Mr. Kendall, to amend Ordinance No. O-26-2010 to add the following to Section k: (k) (4) On any side where a legally preexisting fence was constructed off of the property line prior to the enactment of Section (k)(4), provided that there is a minimum of five (5) feet between adjacent fences. The applicant shall make every effort to avoid a second fence where feasible. Yes: Schweser, Hutchinson, Kendall, Clark, Stubbs and Harrah. No: None. MOTION ADOPTED ORDINANCE NO. O-26-2010 AMENDED ORDINANCE NO. O-27-2010 AN ORDINANCE AMENDING SECTION 1151.11 OF THE ZONING CODE FOR THE CITY OF TROY, OHIO This Ordinance was given first title reading on November 15, 2010. Given public hearing and second title reading on December 6, 2010. Given third title reading. Mr. Harrah moved for adoption. Motion seconded by Mr. Kendall. Yes: Hutchinson, Kendall, Clark, Stubbs, Harrah and Schweser. No: None. ORDINANCE ADOPTED December 20, 2010 Page Four ORDINANCE NO. O-30-2010 ORDINANCE CHANGING THE ZONING DESIGNATION FOR VARIOUS PARCELS OF PROPERTY LOCATED IN THE CITY OF TROY, OHIO This Ordinance was given first title reading on December 6, 2010. Given public hearing and second title reading. ORDINANCE NO. O-31-2010 ORDINANCE ESTABLISHING SALARIES OF CERTAIN EMPLOYEES OF THE CITY OF TROY, OHIO This Ordinance was given first title reading. Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Stubbs. Yes: Kendall, Clark, Stubbs, Harrah, Schweser and Hutchinson. No: None. Mr. Harrah moved for adoption. Motion seconded by Mr. Schweser. Yes: Clark, Stubbs, Harrah, Schweser, Hutchinson and Kendall. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-32-2010 ORDINANCE AMENDING ORDINANCE NO. O-32-2009, FIXING SALARIES AND WAGES OF CERTAIN EMPLOYEES OF THE CITY OF TROY, OHIO This Ordinance was given first title reading. Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Schweser. Yes: Stubbs, Harrah, Schweser, Hutchinson, Kendall and Clark. No: None. Mr. Harrah moved for adoption. Motion seconded by Mr. Schweser. Yes: Harrah, Schweser, Hutchinson, Kendall, Clark and Stubbs. No: None. ORDINANCE ADOPTED ORDINANCE NO. O-33-2010 ORDINANCE AMENDING ORDINANCE NO. O-33-2009, FIXING SALAREIS AND WAGES OF CERTAIN EMPLOYEES OF THE CITY OF TROY, OHIO This Ordinance was given first title reading. Mr. Clark moved for suspension of rules requiring three readings. Motion seconded by Mr. Stubbs. Yes: Schweser, Hutchinson, Kendall, Clark, Stubbs and Harrah. No: None. Mr. Schweser moved for adoption. Motion seconded by Mr. Stubbs. Yes: Hutchinson, Kendall, Clark, Stubbs, Harrah and Schweser. No: None. ORDINANCE ADOPTED COMMENTS OF THE MAYOR: Mayor Beamish provided Christmas wishes. December 20, 2010 Page Five COMMENTS OF THE DIRECTOR OF PUBLIC SERVICE AND SAFETY: Mr. Titterington commented that Council reduced the collection of the $10 permissive tax to fund the City’s share of the Adams Street Bridge project from 10 years to a 3-year collection, stopping after 2011. It was found that if a license plate is renewed for multi-years, the $10 fee would be collected for 2012, and the fee cannot be refunded. It is suggested that the license plates be renewed only for 2011 to avoid the extra $10 charge. The City has taken a number of steps to communicate this information, including a “one call now” to residents, a news release and other postings. Mr. Titterington also noted that City offices will be closed December 23 and 24, and December 31, but refuse collection will be on schedule for both weeks. COUNCIL COMMENTS: - Mr. Stubbs commented that public information meetings were held regarding O-30-2010 with all affected property owners invited, and those meetings started some months ago. Mr. Titterington noted that most of the proposed rezonings are to clean up zonings to match uses, some property owners made a request for a rezoning, and all have the approval of the property owner to rezone the particular parcel. He also stated this has been driven by the Planning Commission as part of the update of the Comprehensive Plan. Mr. Stubbs stated he felt the comment by Mr. Kalmar that this is being handled at this busy time is out of line in view of when notification was provided and other meetings held. It was noted that the Law & Ordinance Committee will meet on January 12 to provide a recommendation to Council regarding O-30-2010. CHRISTMAS WISHES: Christmas wishes were extended by the Director of Law, City Auditor, and members of Council. There being no further business, the meeting adjourned at 7:40 p.m. ________________/s/______________________ ________________/s/___________________ Clerk of Council President of Council |