City Commission

CALL TO ORDER Mayor Mims called the meeting to order. EXECUTIVE SESSION On Wednesday, November 29, 2023, at 3:46 p.m., Commissioner Shaw made a motion to convene into an Executive Session to discuss personnel issues relating to employee appointment, employment, dismissal or demotion. Commissioner Turner-Sloss seconded the motion. The motion was unanimously approved. ROLL CALL Roll call was taken and Mayor Mims, Commissioners Shaw, Fairchild, and Turner-Sloss were present. RECONVENE At 5:30 p.m., Commissioner Fairchild made a motion to reconvene from Executive Session and to continue with the meeting. Commissioner Shaw seconded the motion. The motion was unanimously approved. ROLL CALL Roll call was taken, and Mayor Mims, Commissioners Joseph, Shaw, Fairchild, and Turner- Sloss were present. The Acting Clerk of Commission, Ms. Verletta Jackson, and the City Manager, Ms. Shelley Dickstein, were also present. INVOCATION Commissioner Fairchild gave the invocation. PLEDGE OF ALLEGIANCE Mayor Mims led the public in the Pledge of Allegiance. APPROVAL OF MINUTES Commissioner Shaw made a motion to approve the minutes from the November 22, 2023, meeting. Commissioner Fairchild seconded the motion. The previous meeting minutes were unanimously approved. COMMUNICATIONS AND PETITIONS There were no communications or petitions. ADDITIONS OR DELETIONS TO THE CALENDAR Commissioner Turner-Sloss requested the deletion of Calendar Item No. 3. Flock Group Inc.- Service Agreement. The Acting Clerk of Commission, Ms. Verletta Jackson, requested the addition of Emergency Resolution No. 6770-23-Objecting to the Issuance of Liquor Permit No. 2397497, Ebony Starr Florence, DBA Club Aces, 2027 Nicholas Road, Dayton, Ohio 45417. She said the legislation will receive first and second reading. SPECIAL AWARDS/PRESENTATIONS Mayor Mims invited Mr. Anthony Forrest, Recreation, to the podium for a community update on the City of Dayton’s Recreation Department’s Flag Football champions. Mr. Forrest said he enjoys his job he said it’s not about recreation it’s about community, showing up for the children, and showing them how important they are. Mayor Mims had the children introduce themselves and he congratulated them on their winning season. DISCUSSION OF CALENDAR ITEMS Calendar Item No. 3. Flock Group Inc. – Service Agreement Commissioner Turner-Sloss asked for the deletion of Calendar Item No. 3. Flock Group Inc. The City Manager, Ms. Shelley Dickstein, said that even though the item was pulled from the calendar, she would like to proceed with the presentation. She invited Major Paul Saunders, Dayton Police Department, to the podium for a presentation on the Automated License Plate Reader Program. Major Saunders said the Automated License Plate Reader Program (ALPRP) has been around since 2008. He said in May 2021 the Dayton City Commission approved the oversight ordinance which the ALPRP used to determine what needed to be changed. He said the ordinance is a result of a collaboration between the Dayton Police Department and concerned citizens. He said it’s a work in progress. Major Saunders said in July 2023 the Dayton Police Department enhanced their deployment program. He said they installed the Axon System which is part of the in-car camera system and 37 Flock cameras throughout various neighborhoods, which was requested by the community to address specific safety issues. Major Saunders said the question with any technology is its efficacy and productiveness. He said there is no doubt that the technology has been critical in solving high-profile cases and the fact that 2,200 cars have been stolen this year versus 750 two years ago. Major Saunders said with the loss of more than 50 officers this year and 41 last year, there has never been a time that they have had a greater need. Commissioner Turner-Sloss said she requested the deletion of the calendar item because of the lack of a Public Hearing and the public notice of the release was not provided in adequate time. She said they need data on the efficacy of the program. Commissioner Fairchild said the partners who work with Major Saunders on the system had questions and that is why he was supportive in pulling the item. He said it would be helpful for the partners and Major Saunders to have another conversation. Commissioner Shaw asked if his colleagues could put together a list of questions and submit them before the item is placed back on the calendar. He said they have been working on perfecting the ordinance and he believes they have made progress. Commissioner Joseph said he has been involved since the beginning. He said the ordinance, Responsible Use of Surveillance Technology, came out of meetings with the Twin Tower’s neighborhood. He said they want to make sure the data is safe and secure, they are using it the right way, and the eyes that are seeing it are the ones that are supposed to. Commissioner Joseph said he is glad for the opportunity to answer questions which will make the process better. Mayor Mims said they need to do all they can to retain officers and let them know they are appreciated. He said one of the ways is by giving them the tools they need to do their job. Emergency Ordinance No. 32072-23- Enacting Section 191 of the Charter of the City of Dayton and Amending Section 36.102.7 of the Revised Code of General Ordinances to Provide for the Extension of an Existing One-Quarter of One Percent Income Tax and Emergency Resolution No. 6769-23- Providing for the Submission to the Electors of the City of Dayton of an Ordinance Enacting Section 191 of the City Charter and Section 36.102.7 of the Revised Code of General Ordinances, Establishing the Date of the Election on Said Questions. Commissioner Turner-Sloss said she will be voting in favor of the Emergency Ordinance and Emergency Resolution. She said these are good first steps and she understands the urgency. She said she welcomes any partnerships with nonprofit organizations to effectively expand their efforts into low to moderate-income housing. Commissioner Turner-Sloss thanked her colleagues and Ms. Dickstein and staff for their work in adding a housing component to the renewal. She said that more funding outside of federal funding is needed to make sure that housing is strong and sustainable. She said this is not just about dollars but about whether or not the communities and the citizens in them are a priority. Commissioner Fairchild said he is voting in favor of the Emergency Ordinance and Emergency Resolution because it is critical, necessary, and essential. He said that he appreciates all the citizens from a variety of interests and perspectives who came and spoke. Commissioner Fairchild said making the expenditures accessible helped in the decision which he would have had to abstain from because of how critical he thought it was. Commissioner Shaw said he was glad to hear his colleagues say they were going to support Issue 9 because it is critically important, and the alternative is unacceptable. He agreed that the 600K wasn’t enough, but they could leverage their investment. Commissioner Joseph thanked his colleagues and said getting Issue 9 passed is going to take a community effort and everyone working together. He said keeping their promises of doing good for residents is going to help. He said he looks forward to working hard with everyone to get Issue 9 passed. Mayor Mims said they will be looking for the citizen's support to pass Issue 9. He said the challenge will be finding the best way to get information to constituents and making sure they are explaining the benefits for police, safe communities, and housing. REPORTS 1. Purchase Orders, Agreements and Contracts: (All contracts are valid until delivery is complete or through December 31st of the current year). AVIATION A1. Hillside Maintenance (janitorial supplies as needed through 12/31/23) $40,000.00 HUMAN RESOURCES B1. Fitness Doctor LLC (fitness equipment) $25,442.00 POLICE C1. Weiffenbach Marble & Tile Company (carpet removal and installation services) 47,460.00  PUBLIC WORKS D1. LCPtracker, Inc. (software and licensing as needed through 12/31/26) 122,140.22 D2. A&A Safety, Inc. (portable traffic signal with motion sensors) 72,645.00 WATER E1. Ferguson Waterworks dba Pollardwater (plumbing and related supplies as needed through 12/31/23) 8,000.00 E2. Garber Electrical Contractors, Inc. (fiber optic cables and related items) 188,987.00 E3. Everett J. Prescott Inc. (one Ford meter test bench) 119,989.47 -Depts of Aviation, Human Resources, Police, Public Works, and Water. Total: $624,663.69 2. CPS Construction Group Inc. – Contract Modification – for repair and preventative maintenance of the One Stop Parking Garage Re-Bid (Open Market) Change Order Number 1 – Department of Public Works/Property Management. $31,485.16 (Thru 12/31/24) 3. Flock Group Inc. – Service Agreement – for fixed automated license plate reader services – Department of Police/Support Services. $825,750.00 (Thru 12/31/28) 4. Moonlight Security, Inc. – Contract Modification – eighth amendment to service agreement for additional security guard services for the remainder of 2023 at City Hall, Municipal Parking Garage, One Stop, and the Oregon Parking Garage – Department of Public Works/Property Management. $90,000.00 (Thru 12/31/23) B. Construction Contract: 5. Arcon Builders LTD – Award of Contract – for Safety Building Renovations (10% MBE Participation Goal/13.45% MBE Participation Achieved) – Department of Police/Directors Office. $251,200.00 (Thru 12/31/25) C. Revenue to the City: 6. Premier Health Partners – Service Agreement - to continue the Phoenix Next Project Community Policing Collaboration with CityWide Development Corporation and Premier Health Partners – Department of Police/Operations Support Division. $246,750.00 (Thru 12/31/24) E. Other – Contributions, etc.: 7. Altumint Inc. – Other – for the Traffic Safety Enforcement System and Related Services – Department of Police/Support Services. $200,000.00 (Thru 12/31/23) CITIZENS’ COMMENTS ON CALENDAR ITEMS Citizens’ comments on calendar items were received from the following: 1. Ms. Melissa Bertolo, 1137 Harvard Blvd. - spoke in opposition to Ordinance No. 32072-23 and Resolution No. 6769-23 and about Calendar Item No. 3. Flock Group Inc. 2. Mr. Julio Mateo, 215 Ice Ave.- spoke about housing issues and requested a housing component be added to Issue 9 and about Calendar Item No. 3. Flock Group Inc. 3. Mr. Tom Lasley, 7800 Stanley Ave. - spoke in support of Issue 9 and the Preschool Promise component. 4. Ms. Viridis Green, 3925 E. Third St spoke about housing issues and requested a housing component be added to Issue 9. 5. Ms. Destiny Brown, 1119 W. Second St. - spoke about housing issues and the housing component and about Calendar Item No. 3. Flock Group Inc. 6. Ms. Stephanie Van Hoose, 365 Grassy Creek Way- spoke about Native American Heritage Month. 7. Ms. Tara Campbell, 2224 Chamberlin Ave. – spoke about Calendar Item No. 3. Flock Group Inc. and housing issues and requested a housing component be added to Issue 9. 8. Ms. Debra Lavey,Abel, 130 W. Second St. - spoke in support of Issue 9 and the addition of a housing component. 9. Ms. Emily Laidler, 62 McClure St. - spoke in support of Issue 9 and the addition of a housing component. 10. Ms. Jane McGee Rafal, 109 N. Main St. - spoke in support of Issue 9 and the Preschool Promise component. 11. Ms. Latoria Macellus, 111 Audubon Park . - spoke in support of Issue 9 and the Preschool Promise component. 12. Ms. Rebecca Gaytko, 19 Norte Dame Ave. - spoke in support of Issue 9. 13. Mr. Alex Gorman, 133 Linden Ave. . - spoke in support of Issue 9 and the addition of a housing component. 14. Mr. Steve Ross, 1110 Elmhurst Pl. spoke in support of Issue 9.  15. Ms. Kelly Yeaney, 126 N. Quentin spoke in support of Issue 9. APPROVAL OF CITY MANAGER’S REPORTS Commissioner Joseph made the motion to approve the City Manager’s Reports with the exception of Calendar Item No. 3. Commissioner Shaw seconded the motion. The City Manager’s Reports were approved with a 5-0 vote. Voting in the affirmative were Mayor Mims, Commissioners Joseph, Shaw, Fairchild, and Turner-Sloss. LEGISLATION EMERGENCY ORDINANCE – FIRST READING Emergency Ordinance No. 32072-23-Enacting Section 191 of the Charter of the City of Dayton and Amending Section 36.102.7 of the Revised Code of General Ordinances to Provide for the Extension of an Existing One-Quarter of One Percent Income Tax, and Declaring an Emergency. Commissioner Joseph moved that this being an emergency measure for the immediate consideration of the Ordinance. Commissioner Turner-Sloss seconded the motion. The motion was passed with a 5-0 vote. Voting in the affirmative were Mayor Mims, Commissioners Joseph, Shaw, Fairchild, and Turner-Sloss. EMERGENCY RESOLUTION – FIRST READING Emergency Resolution No. 6769-23- Providing for the Submission to the Electors of the City of Dayton of an Ordinance Enacting Section 191 of the City Charter and Section 36.102.7 of the Revised Code of General Ordinances, Establishing the Date of the Election on Said Questions, and Declaring an Emergency Commissioner Joseph moved that this being an emergency measure for the immediate consideration of the Resolution. Commissioner Turner-Sloss seconded the motion. The motion was passed with a 5-0 vote. Voting in the affirmative were Mayor Mims, Commissioners Joseph, Shaw, Fairchild, and Turner-Sloss. THIS ITEM WAS ADDED EMERGENCY RESOLUTION – FIRST AND SECOND READING Emergency Resolution No. 6770-23- Objecting to the Issuance of Liquor Permit No. 2397497, Ebony Starr Florence, DBA Club Aces, 2027 Nicholas Road, Dayton, Ohio 45417, and Declaring an Emergency. Commissioner Shaw moved that this being an emergency measure for the immediate consideration of the Resolution. Commissioner Fairchild seconded the motion. The motion was passed with a 5-0 vote. Voting in the affirmative were Mayor Mims, Commissioners Joseph, Shaw, Fairchild, and Turner-Sloss. The question being shall Emergency Resolution No. 6770-23 be adopted. A roll call vote was taken resulting in a 5-0 vote. Voting in the affirmative were Mayor Mims, Commissioners Joseph, Shaw, Fairchild, and Turner-Sloss. The Emergency Resolution was adopted. BOARD APPOINTMENTS Commissioner Joseph made a motion to appoint Joseph Craig to the Board of Zoning Appeals for a term ending June 30, 2025. Commissioner Turner-Sloss seconded the motion. The motion was unanimously passed. Commissioner Fairchild made a motion to re-appoint Sarah Richard, Brian Williams, and Matthew Worsham to the Environmental Advisory Board for a term ending November 27, 2026. Commissioner Shaw seconded the motion. The motion was unanimously passed. Commissioner Joseph made a motion to appoint Maria Oria to the Civil Service Board for a term ending December 31, 2029. Commissioner Turner-Sloss seconded the motion. The motion was unanimously passed. CITIZENS’ COMMENTS Citizens’ comments were received from the following: 1. Ms. Angela Shelton, 3297 Early Rd. - spoke in support of Issue 9 and the Preschool Promise component. 2. Mr. Kevin Keller, 3922 E. Third St.- spoke about fires of vacant homes in the City of Dayton. 3. Mr. Peter McLinden, 15 Gate St. - spoke in support of Issue 9. 4. Ms. Rickia Woods, 45 Cambridge Ave. - spoke about mental illness in the City of Dayton and her foundation. 5. Ms. Tosha Rountree, 4609 St. James Ave. - spoke about cannabis and social equity in the City of Dayton. 6. Ms. Ashley Royse, 2535 Westfield Ave. – spoke in opposition to Calendar Item No. 3. Flock Group Inc. 7. Mr. Spencer Glazer, 1305 Carlisle Ave. – spoke in opposition to Calendar Item No. 3. Flock Group Inc. 8. Mr. Perdesta Calhoun, Jr., 791 Accent Park - spoke in support of Issue 9. 9. Ms. Christina Jones, 4440 St. Johns Ave. - spoke in support of Issue 9 and the addition of a housing component. 10. Mr. Julio Mateo, 215 Ice Ave. - spoke about police reform and an open meeting. 11. Ms. Melissa Bertolo, 1137 Harvard Blvd. – spoke in support of a resolution about the Israel and Hamas war and Calendar Item No. 3. Flock Group Inc. COMMENTS BY THE ACTING CLERK OF THE COMMISSION The Acting Clerk of Commission, Ms. Verletta Jackson, had no closing comments. COMMENTS BY THE CITY MANAGER The City Manager, Ms. Shelley Dickstein, had no closing comments. COMMENTS BY THE CITY COMMISSION Commissioner Turner-Sloss Commissioner Turner-Sloss thanked her colleagues for their support in the renewal of tax levies. She asked the City Manager, Ms. Dickstein, for continued conversations on the appropriations of various categories and for a review of the expenditure ordinance in enough time to vet the numbers. Commissioner Turner-Sloss asked that they continue to invest in the housing component. She said the Center for Housing Policy notes that the impact of affordable housing on education is that it is well constructed, maintained, and managed. She said it may function as a platform for education improvements by providing a form for residential-based after-school programs or by anchoring a holistic community development process. She said affordable housing will help families address or escape housing-causing related health hazards as well. Commissioner Turner-Sloss thanked citizens and community leaders for their comments at the meeting. Commissioner Fairchild Commissioner Fairchild asked if the process for speaker’s forms could be cleaned up. He noted the lack of personnel in the Commission Office. He said he was curious about the integrity of the process because it didn’t seem as though Mr. Ross filled out his own speaker's form. Commissioner Fairchild thanked his colleagues for excusing his absence he said he and his family went on vacation to the Smoky Mountains for relaxation and to create new memories. Commissioner Fairchild thanked the staff and said he was grateful for the opportunity to serve his community. Commissioner Fairchild highlighted his attendance at the Children's Holiday Festival and Parade. He invited citizens to attend the First Friday events, and the Peace Museum at Courthouse Square. Commissioner Fairchild encouraged citizens to spend time thinking about peace. Commissioner Shaw Commissioner Shaw thanked citizens and community leaders for their attendance at the meeting. Commissioner Joseph Commissioner Joseph thanked citizens and community leaders for their attendance at the meeting. Commissioner Joseph said the Children's Holiday Festival was well attended and everyone had a great time. Commissioner Joseph said he and the mayor represented the Dayton City Commission on the capping of the Valley Crest landfill. He thanked everyone who had a role in the event. Mayor Mims May Mims thanked citizens and community leaders for their attendance at the meeting. He said whatever the challenges were in people signing the speaker's forms were through no fault of theirs and the City Commission wants everyone to have the chance to speak. Mayor Mims said there has been job growth in the region and around Dayton. He said 2,000 jobs are coming with Joby Aviation and they are constantly involved with other partners around the region to bring jobs. Mayor Mims highlighted his attendance at the Dayton Public Schools Career Day, and the Children's Holiday Festival. ADJOURNMENT There being no further business, the meeting was adjourned at 8:12 p.m. ___________________________________ Jeffrey J. Mims, Jr. Mayor Attest: _____________________________ Clerk of Commission