(return to 2010 Minutes)

 February 1, 2010

MINUTES OF COUNCIL

A regular session of Troy City Council was held Monday, February 1, 2010, at 7:00 p.m. in Council Chambers.

Members Present: Clark, Harrah, Hutchinson, Kendall, Phillips, Schweser and Stubbs.

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 Hutchinson.

EXECUTIVE SESSION. A motion was made by Mr. Kendall, seconded by Mr. Phillips, that Council recess into Executive Session to discuss preparation for negotiations with our public employees concerning their compensation and terms and conditions of employment. Motion passed by unanimous roll call vote. At 7:02 p.m. Council recessed into executive session.
At 8:00 p.m. Council returned from Executive Session. A motion was made by Mr. Kendall, seconded by Mr. Schweser, to return to regular session. Motion passed by unanimous roll call vote.

AMENDING COUNCIL AGENDA.
A motion was made by Mr. Kendall, seconded by Mr. Clark to amend the agenda of the February 1, 2010 meeting of Troy City Council to add Resolution No. R-6-2010, rejecting the report of the fact finder concerning the City of Troy and the International Association of Firefighters and declaring an emergency. Motion passed by unanimous roll call vote to amend agenda.

MINUTES: The Clerk gave a summary of the minutes of the January 19, 2010, 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.
The Clerk gave a summary of the minutes of the January 26, 2010, special meeting of Troy City Council. There were no corrections or additions to these minutes. A motion was made by Mr. Clark, seconded by Mr. Harrah, 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 Director of Public Service and Safety to apply to MVRPC for potential funding for two roadway projects for the Jobs for Main Street Act funds. The projects are N. Market Street from the Great Miami River to Foss Way and S. Market Street from W. Market St. to Clay St. Committee supports emergency legislation as the initial applications were due January 22.
Report signed by Kendall, Phillips and Harrah.

Law & Ordinance Committee:
Mr. Schweser, Chairman, reported as follows:
1) Committee recommends Ordinance No. O-2-2010, four amendments/clarifications to the Zoning Code, be approved.
2) Committee recommends legislation be prepared to approve the replat of Inlots 8834, 9163 and 9164, located in the Laurel Creek Subdivision, and the dedication of a new easement.
3) Committee recommends legislation be prepared amending the Sign Code to include the maximum area of a temporary sign, subsection (4) under Section 740.12 (f), as the provision was inadvertently left off the most recent Sign Code revision.
Reports signed by Kendall, Phillips and Schweser.

Personnel Committee:
An oral report was provided by Mr. Phillips, Chairman, regarding an appointment and two reappointments to the Board of Tax Appeals, supporting the recommendations of the President of Council.
Motion of Mr. Phillips, seconded by Mr. Schweser, to approve Kent Kazmaier’s reappointment term of January 1, 2010, through December 31, 2012. Motion passed by unanimous roll call vote.
February 1, 2010 Page Two


Motion of Mr. Phillips, seconded by Mr. Clark, to approve Paul Lauzau’s reappointment term of January 1, 2010 through December 31, 2011. Motion passed by unanimous roll call vote.
Motion of Mr. Phillips, seconded by Mr. Kendall, to approve Mark A. Douglas’s appointment term (to replace Mark Welty who could no longer serve) of January 1, 2010 through December 31, 2010. Motion passed by unanimous roll call vote.


COMMENTS REGARDING COMMITTEE REPORTS OR AGENDA ITEMS.
Mike Burkholder, 465 W. Staunton Road, commented that he understood that since the Troy Aquatic Park opened it had made about $25,000 a year, or $100,000. The proposed drop slide would use all that money, and it would take until 2014 until the Swimming Pool Fund is back to the balance it is now.


RESOLUTION NO. R-4-2010
RESOLUTION AUTHORIZING THE RECREATION BOARD OF THE CITY OF TROY, OHIO, TO ADVERTISE FOR BIDS AND ENTER INTO A CONTRACT FOR A DROP SLIDE FOR THE TROY AQUATIC PARK

This Resolution was given first title reading on January 19, 2010.
Given second title reading on January 26, 2010.
Given third title reading.

Mr. Clark moved for adoption. Motion seconded by Mr. Stubbs.
Yes: Clark, Kendall, Stubbs, Phillips and Hutchinson.
No: Harrah and Schweser. RESOLUTION ADOPTED


RESOLUTION NO. R-5-2010
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO, TO SUBMIT APPLICATIONS FOR JOBS FOR MAIN STREET ACT FUNDS THROUGH THE MIAMI VALLEY REGIONAL PLANNING COMMISSION AND DECLARING AN EMERGENCY

This Resolution was given first title reading.

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


RESOLUTION NO. R-6-2010
RESOLUTION REJECTING THE REPORT OF THE FACT FINDER CONCERNING THE CITY OF TROY AND THE IAFF – INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 1638 AND DECLARING AN EMERGENCY

This Resolution was given first title reading.

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

February 1, 2010 Page Three

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 on January 4, 2010.
Given public hearing and second title reading on January 19. 2010.
Given third title reading on January 26, 2010.
Given fourth title reading.

Mr. Schweser moved for adoption. Motion seconded by Mr. Phillips.
Yes: Hutchinson, Schweser, Clark, Kendall, Stubbs and Phillips.
No: Harrah. ORDINANCE ADOPTED


ORDINANCE NO. O-4-2010
ORDINANCE APPROVING THE REPLAT OF INLOTS 8834, 9163 AND 9164, PART OF LAUREL CREEK SUBDIVISION SECTIONS 2 AND 3, IN THE CITY OF TROY, OHIO, REMOVING EASEMENTS AND DEDICATING AN EASEMENT

This Ordinance was given first title reading.

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


ORDINANCE NO. O-5-2010
AN ORDINANCE AMENDING CHAPTER 739 OF THE CODIFED ORDINANCES OF THE CITY OF TROY, OHIO REGARDING TEMPORARY SIGNS

This Ordinance was given first title reading.

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

ORDINANCE NO. O-6-2010
ORDINANCE CORRECTING ORDINANCE NO. O-22-2008, FIXING SALARIES AND WAGES OF CERTAIN EMPLOYEES OF THE CITY OF TROY, OHIO AND DELCARING AN EMERGENCY

This Ordinance was given first title reading.

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

February 1, 2010 Page Four

COMMENTS OF THE MAYOR:
Mayor Beamish advised that ConAgra has announced the investment of $5 Million in new equipment to improve their product line to add the Slim Jim product. This has also added 75 jobs.
Freudenberg-NOK, a joint venture between German and Japanese companies, has announced plans to add new equipment for different sealing products to improve customer base. The company will be adding to their building in Troy, with construction in 2010, and will also add new jobs.
The Mayor noted that he is pleased to pass on this good information from local companies that are expanding in Troy, as retention and expansion is a core element of the City’s economic development program.

COMMENTS OF DIRECTOR OF PUBLIC SERVICE AND SAFETY:
Mr. Titterington commented as follows:
- A Japanese company will be locating into town as a direct result of working with one of more of the City’s existing Asian companies. He noted that more information on this will be available later. Mr. Titterington also complimented the work of the Troy Development Council and the opportunities that result from relationship building opportunities with companies, especially Asian companies.
- City offices are closed Feb. 15 for the Presidents Day Holiday, refuse/recycling collections will be on schedule.
- Three employees are leaving City employment. Two are retiring and one has accepted a position with another police department. Mr. Titterington commented that as vacancies occur, the City will continue to look at evaluating the positions and how the department of the vacant position operates.


COUNCIL PRESIDENT COMMENTS:
Mrs. Baker commented as follows:
- Welcomed Officer Canan back to duty with the City of Troy. Officer Canan has returned from a tour of duty in Iraq.
- Announced that the 30th Annual Troy Mayor’s Prayer Breakfast will be held March 6, 2010 at 8 a.m. at the First Place Christian Center. The speaker is Rev. Greg Simmons, Pastor of the Upper Room Worship Center in Tipp City. Tickets are $7.

COUNCIL MEMBER COMMENTS:
- Mr. Phillips noted that Charles Cochran has announced his retirement as the Executive Director of the Troy Development Council and Troy Area Chamber of Commerce in June. Mr. Phillips commented that the efforts of Mr. Cochran have brought benefit to the City and his work is appreciated.
- Mr. Harrah stated that he feels the Asian businesses are very important to the City, but he also appreciated the small employers that have located in Troy.
- Mr. Clark echoed Mr. Phillips’ comments regarding Mr. Cochran’s contributions. Mr. Clark noted that Norbert McKee, retired Hobart Arena employee, recently passed away.

CITIZEN COMMENTS:
- Mike Burkholder, 465 W. Staunton Road, in response to Mr. Titterington’s comments that the employee headcount going down by three, noted that personnel is the number one expense and it is important if an employer can operate with less.
- Regarding Mr. Cochran, Mr. Bukholder stated it is not economic development that he objects to, it is the use of tax payer dollars to fund economic development. Mr. Burkholder stated he feels the City’s costs for economic development are between $500,000 to $1,000,000 annually, including the contribution to the TDC, trade missions, an economic development department, an improved conference room in City Hall specifically for economic development, and other costs are expenses to the General Fund. His analysis is that economic development expenses exceed revenues.
Mr. Harrah asked Mr. Burkholder about his calculations.
Mr. Titterington replied that he feels Mr. Burkholder’s calculations would be closer to $350,000, but he would disagree with Mr. Burkholder’s definition of economic development. Mr. Titterington commented that if the allocation is looked at based on a true definition, all that the City does, directly or indirectly, then the revenue is $13,000,000 for economic development efforts. He further commented that without economic development, the City would not have the money for one police officer of firefighter, and the importance of economic development is reflected in nearly all the budget funds.
Mr. Clark asked if Mr. Burkholder were suggesting the City solicit private funding for economic development. Mr. Burkholder commented that if the businesses of the Chamber feel economic development will help them, then the businesses should pay for the costs.
Mr. Burkholder asked Mr. Titterington for any more defined information on economic development costs, including information that may be submitted by those businesses that receive tax incentives.

February 1, 2010 Page Five

Denny Wannemacher, 1335 Greenfield, stated he wanted to take objection to the tone of the prior discussion. He stated he feels the City has done an excellent job to bring jobs into town to replace those lost over the years from Hobart Corp. and Hobart Brothers. Mr. Wannemacher noted that the City lost the major headquarters of those two companies and the jobs and companies on the west side of the city show the effort to replace companies and jobs.

Lester Conard, 1210 S. Clay Street, referred to a newspaper survey that 91 persons in Miami County did not support recent emergency legislation to approve a planned development and he hoped there were more letters to the paper not supporting the City.

Charles Cochran, 440 Armand Drive, Executive Director of the Troy Development Council and Chamber of Commerce, regarding economic development, advised that since 1984 the City has invested just under $1,000,000 in the Troy Development Council, with a return on that investment of $32 Billion in capital assets and slightly over 8,000 new jobs.

There being no further business, the meeting adjourned at 8:52 p.m.

__________________/s/________________ _________________/s/_____________________
Clerk of Council                                                President of Council