City Commission

On Wednesday, December 13, 2023, at 8:32 a.m., the Dayton City Commission met in regular session in the Commission Chambers of City Hall. CALL TO ORDER Mayor Mims called the meeting to order. ROLL CALL Roll call was taken, and Mayor Mims, Commissioners Joseph, Shaw, Fairchild, and Turner- Sloss were present. The Clerk of Commission, Ms. Regina Blackshear, and the City Manager, Ms. Shelley Dickstein, were also present. INVOCATION Commissioner Joseph 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 December 6, 2023, meeting. Commissioner Fairchild seconded the motion. The previous meeting minutes were unanimously approved. COMMUNICATIONS AND PETITIONS Communication #21859 Handout - City Commission Meeting - Josh Goldman Communication #21860 Work Session Handout - Police Reform Update SPECIAL AWARDS/PRESENTATIONS 2023 Joseph T. Cline Awards Mayor Mims asked Ms. Dickstein to proceed with a presentation. Ms. Dickstein invited Ms. Lucy Baker, Donor Relations Officer, Dayton Foundation, to introduce the award recipients of the Joseph T. Cline Awards with Meredith Cline, granddaughter of Joseph T. Cline. Ms. Baker said that Joseph T Cline was a dedicated City of Dayton employee who also spent countless hours volunteering for many civic organizations. She said the Cline fund was established to encourage excellent performance and dedication to service by city employees, regardless of rank or position, and is a testament to the 2023 recipient's age range and service years which are from two to 29 years. Ms. Baker said this year, they received a record 34 nominations. She said the honorees were selected by a committee which was only allowed ten honorees. She said each honoree will receive $537.69 and they represent a total of 81 years of service. Ms. Cline gave an overview of her grandfather’s life. Ms. Baker introduced the awardees: Ms. Abbie Patel-Jones, Mr. Brian Dahm, Mr. Christopher Rowlett, Mr. Jason Stone, Ms. Jeannette Horwitz, Mr. Jonathan Johnson, Mr. Marques Kincaid, Mr. Mike Squire, Ms. Susan Vincent, and Ms. Theresa McGeady. The Dayton City Commission thanked them for their service. Dayton Sister Cities Committee Mayor Mims invited Mr. Kevin Lydy, Chairperson of the Dayton Siter Cities Committee to the podium for a community update on the committee’s effort to build dialogue and understanding during the Israel/Hamas war. Mr. Lydy acknowledged the pain and suffering of Israel and Palestine friends both locally and abroad. Mr. Lydy said the Dayton Sister City Committee is a member of sister cities International which was founded by President Eisenhower in 1956. He said Sister Cities International; and the Dayton Sister City Committee is a non-governmental non-partisan and non-profit whose mission is to promote peace through mutual respect, understanding, and cooperation one individual one community at a time. He said President Eisenhower envisioned a network that would be a champion for peace and prosperity by fostering bonds between people from different communities around the world. He said he reasoned that people from different communities and cultures could understand, appreciate, and celebrate their differences while building partnerships that would lessen the chance for new conflicts. Mr. Lydy said the Dayton sister city committee, since the tragic events of October 7, 2023, has participated in events and collaborated with organizations to foster peace and understanding. He said they have coordinated a Zoom session with WDTN and representatives of sister cities in South Feat and Holon and they have participated in a meeting with other cities around the country that have both Israeli and Palestinian sister cities to brainstorm ideas. Mr. Lydy said they have worked on a project in collaboration with the International Peace Museum for Dayton area youth to share messages of peace to their friends in South Feat and Holon. He said as a people-to-people organization that seeks to build bridges of understanding and peace between the citizens of Dayton and the citizens of our sister cities they will continue to seek means towards that end. Commissioner Turner-Sloss asked about the Israel and Palestine Communities in the Dayton area and what is being done with them. Mr. Lydy said he is working with the Dayton International Peace Museum on coordinating efforts to bring people together to communicate and find out what specifically citizens in Dayton can do to help those overseas. Commissioner Turner-Sloss encouraged Mr. Lydy to include members who were in attendance at the meeting. Commissioner Fairchild asked how many cities have both Palestine and Israel. Mr. Lydy said five cities have both Palestine and Israel sister cities; three of which they have been in communication with and include Gainesville Florida, Boulder, Colorado, and Sacramento, California. ADDITIONS OR DELETIONS TO THE CALENDAR The Clerk of Commission, Ms. Regina Blackshear, requested the deletion of Ordinance No. 32075-23 from the calendar. DISCUSSION OF CALENDAR ITEMS Calendar Item No. 1. Sub-Item B1. Fire Service, Inc. – Purchase Order, and Calendar Item No. 1. Sub-Item B2. Fire Services, Inc. – Purchase Order The City Manager, Ms. Shelley Dickstein, said the purchase orders total $3.8M for capital equipment for the Dayton Fire Department Calendar Item No. 8. Charles V. Sims Development – Development Agreement The City Manager, Ms. Shelley Dickstein, invited Ms. Veronica Morris to the podium for a presentation. Ms. Morris said the agreement is for the site redevelopment of 1005 W. Third Street. She said the history of the development is from 1902 to 1975 the building was acquired and utilized as the Jim City Ice Cream Company. She said in 1975 the H & H Utility Company purchased the building and occupied it for its operations until its closing in 1995. Ms. Morris said from 2000 to 2020 the City of Dayton attempted to work with numerous developers to redevelop the site but, unfortunately, a lot of the developers didn't have the capacity, nor the funding needed to redevelop the site. She said in 2021 the City of Dayton appealed to the Board of Zoning Appeals to approve the demolition of the site to position it for future redevelopment. Ms. Morris said that from 2022 to 2023 demolition of the building commenced and Planning Neighborhoods and Development was issued a request for qualifications for a potential developer or housing redevelopment person. Ms. Morris gave an overview of the redevelopment site and said the site was a nuisance structure and especially dangerous to pedestrians. She said after demolition an RFQ and project scope were issued seeking developers with the capacity to redevelop or position the site for redevelopment. Commissioner Turner-Sloss asked if there would be an additional request for funds. Ms. Morris said the RFQ was for both redevelopment and funding. Commissioner Turner-Sloss asked if one of three respondents was disqualified because they didn’t meet the scope of the RFQ. Ms. Morris said that is not correct all three respondents were scored adequately, and Charles V. Sims Development was the most qualified to meet the criteria. Commissioner Turner-Sloss said she wanted to make sure that the opportunity is extended to all potential developers in the area. Commissioner Fairchild said he was excited about the project and for the opportunity to bring a variety of housing market prices to the City of Dayton. Commissioner Shaw said he was glad to see market-rate housing coming into the City of Dayton. Commissioner Joseph said it's been a rough 50 years in trying to get market-rate housing into this area. He thanked the City of Dayton staff for the work. Mayor Mims said the policies and procedures that are followed determine which company is selected for work. Calendar Item No. 10. Dayton Board of Education – Other, Calendar Item No. 11. Dayton Board of Education-Other and Calendar Item No. 12. Trotwood Madison School District - Other The City Manager, Ms. Shelley Dickstein, said this is the time of year that annual payments are made to those entities affected by TIF payments. Ordinance No. 32077-23- Amending Sections 34.40-34.53 of the Revised Code of General Ordinances Relating to the Community Appeals Board. The City Manager, Ms. Shelley Dickstein, said the ordinance is the final revised appropriation and am asking for it to be read as an Emergency Ordinance for it to take effect immediately after the second reading. Ms. Dickstein invited Ms. Abbey Patel-Jones to the podium for an overview. Ms. Patel-Jones said this is the final revised appropriation for reference with major changes. She said the third and final revised appropriation is for $77.8M or 8.4 percent higher than the original and $15.2M or 4.8 percent higher than the second revised. She said for the first time the City of Dayton’s appropriation has reached the $1B mark. Ms. Patel-Jones said much of the $15.2M increase is in the Water Department $10.3M is for water infrastructure. Ms. Patel-Jones said improvement projects that are funded from the principal and interest forgiveness loan which is from the Ohio EPA’s Division of Environmental and Financial Assistance. She said the Water Department has an increase of $4M in the Sewer Capital Fund which is related to a correction in the prior accounting entry. Ms. Patel-Jones gave a more precise breakdown of the appropriations. 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. Control Touch Systems LLC (baggage handling system server upgrade) $107,439.00 FIRE B1. Fire Service, Inc. -P0231403- (one custom 95' rear mount aerial platform ladder truck) $1,723,961.00 B2. Fire Services, Inc. -P0231404- (three Fouts FB-94 top mount pumper engines) 2,136,434.86 PUBLIC WORKS C1. Weiffenbach Marble & Tile Company (carpet removal and installation services) 90,971.00 WATER D1. Technology International, Inc. (two loadbanks with control cable sets) 59,368.00 D2. Wesco Distribution, Inc. (ten Eaton brand variable frequency drives) 65,000.00  D3. Kendall Electric, Inc. (electrical parts, supplies, and related items as needed through 12/31/23) 21,513.82 D4. Rosemount, Inc. (one oxygen/combustibles transmitter) 34,489.00 D5. The Belting Company of Cincinnati dba CBT Company (Allen Bradley brand replacement parts, supplies, and related items) 11,673.97 -Depts of Aviation, Fire, Public Works, and Water. Total: $4,225,850.65 2. Dayton/Miami Valley Entrepreneurs’ Center, Inc. – Service Agreement- to provide support and virtual incubation services to tenants of TEC and Dayton-based small businesses, startups, and entrepreneurs – Department of Planning, Neighborhoods and Development/Economic Development. $250,000.00 (Thru 12/31/24) 3. Ohio Disability Rights Law and Policy Center Inc., dba Disability Rights Ohio – Service Agreement – to facilitate the delivery of Proactive Alliance Disability, Mobility, and Accommodation Training for sworn employees – Department of Police/Community Services. $32,310.00 (Thru 12/31/26) 4. CityWide Development Corporation – Contract Modification – first amendment to the Development Partnership Agreement with Citywide to provide the City with services for strategic redevelopment initiatives throughout the community – Department of Planning, Neighborhoods & Development/Economic Development. $100,000.00 (Thru 03/31/24) 5. Evoqua Water Technologies LLC – Contract Modification – fourth amendment to continue services/work with the Hydrogen Sulfide Feed Services for the Corrosion and Odor Control in the sanitary sewer systems and the Water Reclamation Facility – Department of Water/Water Reclamation. $30,000.00 (Thur 12/31/23) 6. TeamDynamix Solutions LLC – Contract Modification – second amendment to procure additional licenses and extend the agreement and additional three years – Department of Information Technology. $104,672.50 (Thru 08/30/27) B. Construction Contract: 7. Sunesis Construction Co. – Award of Contract – for the Great Miami River and Mad River Water Main Crossings (7% MBE Participation Goal/ 7.8% MBE Participation Achieved) – Department of Water/Water Engineering. $2,324,529.95 (Thru 10/31/25) D. Development Agreement: 8. Charles V. Sims Development Corporation – Development Agreement- Dayton Recovery Plan – to conduct site preparation development activities at property located at 1005 West Third Street, in the Wolf Creek Neighborhood (15% MBE Participation Goal/5% SBE Participation Goal) - Department of Planning, Neighborhoods & Development/Director’s Office. $980,000.00 (Thru 12/31/24) E. Other – Contributions, etc.: 9. Beau Townsend Ford Inc. – Payment of Voucher – for payment of two invoices – Department of Public Works/Director’s Office. $196,270.00 10. Dayton Board of Education – Other – for payment of tax year 2022 TIF collections – Department of Planning, Neighborhoods and Development/ Economic Development. $404,378.44 (Thru 12/31/23) 11. Dayton Board of Education – Other – for 2023 Enterprise Zone Program income tax sharing payment – Department of Planning, Neighborhoods and Development/Economic Development. $88,750.00 (Thru 12/31/23) 12. Trotwood Madison School District – Other - for 2023 Enterprise Zone Program income tax sharing payment – Department of Planning, Neighborhoods and Development/Economic Development. $11,250.00 (Thru 12/31/23) CITIZENS’ COMMENTS ON CALENDAR ITEMS Citizens’ comments on calendar items were received from the following: 1. Mr. Archibald Grieve, 2019 Rosemont Blvd.- spoke in opposition to Resolution No. 6775-23. 2. Mr. Youssef Elzein, 4906 Amberwood Dr. - spoke in support of a resolution calling for a ceasefire for the Israel and Hamas war. APPROVAL OF CITY MANAGER’S REPORTS Commissioner Joseph made the motion to approve the City Manager’s Reports 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. 32077-23- Amending the City’s Appropriations for the Year 2023, and Declaring an Emergency. Commissioner Shaw moved that this being an emergency measure for the immediate consideration of the Ordinance. 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. EMERGENCY RESOLUTION – FIRST AND SECOND READING Emergency Resolution No. 6773-23- Objecting to the Issuance of Liquor Permit No. 26312758450, Family Dollar Stores of Ohio LLC, dba Family Dollar Store #23786, 2601 East Third Street, Dayton OH 45403, and Declaring an Emergency. Commissioner Turner-Sloss moved that this being an emergency measure for the immediate consideration of the Resolution. Commissioner Joseph 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. 6773-23 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. ORDINANCES – SECOND READING Ordinance No. 32073-23- Appropriating Property Designated as Parcels 15-T, 21-T, 22-T, 36-SH, 36-T, 47-T, 58-T, 74-T, 91-SH, 101-T, 102-T, 109-T, 110-T,111-T, 112-T, 113-T, 117-T, 122-SH, 122-T, 127-SH, 127-TI, 127-T2, 134-SH, 134-T, 137-SH, 137-T, 138-SH, 138-T, 139-SH, and 139-T in Connection with the North Main Street Safety Improvements Project. The question being shall Ordinance No. 32073-23 be passed. 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 Ordinance was passed. Ordinance No. 32074-23- Authorizing the City Manager to Accept a Grant Award from the Ohio Department of Transportation for an Amount of Two Million Sixty-Two Thousand Six Hundred Twenty-Nine Dollars and Zero Cents ($2,062,629.00) in Federal Safety Funds. The question being shall Ordinance No. 32074-23 be passed. 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 Ordinance was passed. Ordinance No. 32076-23- Establishing the Expenditure of the Revenue from the Proposed Municipal Income Tax Levy, Issue #TBD. The question being shall Ordinance No. 32076-23 be passed. 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 Ordinance was passed. RESOLUTIONS – FIRST READING Resolution No. 6774-23- Authorizing the Acceptance of Grant Award from the State of Ohio, Department of Public Safety, Ohio Emergency Management Agency, in the Amount of Seventy-Five Thousand Dollars and Zero Cents ($75,000.00) on Behalf of the City of Dayton. Resolution No. 6775-23- Authorizing the Acceptance of an In-Kind Service from the National Center for Civil & Human Rights and the Auschwitz Institute for the Prevention of Genocide to Provide a Leadership Training Course, Having a Total Value of Twenty Thousand Dollars and Zero Cents ($20,000.00). RESOLUTIONS – SECOND READING Resolution No. 6771-23- Declaring the Intention of the Commission to Vacate Valleycrest Drive from the North Property Line of City Lot #74638 to the North Property Line of City Lot #74633. The question being shall Resolution No. 6771-23 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 Resolution was adopted. Resolution No. 6772-23- Providing for the Allocation of Approximately Four Hundred Fifty Thousand Dollars and Zero Cents ($450,000.00) of Community Development Block Grant, HOME Investment Partnerships Program, and Emergency Solutions Grant Funds Each Year in support of Housing Activities in the City of Dayton. The question being shall Resolution No. 6772-23 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 Resolution was adopted. BOARD APPOINTMENT Commissioner Joseph made a motion to appoint Silvian Rosario to the Welcome Dayton Committee for a term ending December 31, 2026. Commissioner Turner-Sloss seconded the motion. The motion was unanimously approved. CITIZENS’ COMMENTS Citizens’ comments were received from the following: 1. Mr. Alec Johnson, 4822 Hassan Circle - spoke in support of a resolution calling for a ceasefire for the Israel and Hamas war. 2. Kyla Goodwin, 9810 Hassan Circle - spoke in support of a resolution calling for a ceasefire for the Israel and Hamas war. 3. Mr. Archibald Grieve, 2019 Rosemont Blvd- spoke in support of a resolution calling for a ceasefire for the Israel and Hamas war. 4. Mr. Michael Harbaugh, 3432 Stocker Dr. - spoke in support of a resolution calling for a ceasefire for the Israel and Hamas war. 5. Mr. Youssef Elzein, 4906 Amberwood Dr. - spoke in support of a resolution calling for a ceasefire for the Israel and Hamas war. 6. Ms. Maysa Constandinidis, 3991 Largo Lane - spoke in support of a resolution calling for a ceasefire for the Israel and Hamas war.  7. Ms. Kathleen Kersh, 6310 Harvest Meadows Dr. - spoke in support of a resolution calling for a ceasefire for the Israel and Hamas war. 8. Ms. Mary Sue Gmeiner, 1418 Arbor Ave. - spoke about police reform and in opposition to the automated license plate reader services. 9. Ms. Sarah Weber, 130 West Second St. - spoke in opposition to the automated license plate reader services. 10. Ms. Sarah Moore, 5970 Erica Ct. - spoke in opposition to the automated license plate reader services and in support of a resolution calling for a ceasefire for the Israel and Hamas war. 11. Ms. Viridis Green, 3925 E. Third St spoke about housing issues and in support of Issue 9. 12. Alice Wood, 541 Adams St. – spoke about housing issues and Issue 9. 13. Ms. Melissa Bertolo, 1137 Harvard Blvd. – spoke in support of a resolution about the Israel and Hamas war and in opposition to the automated license plate reader services. 14. Mr. Abdul Shakur Ahmad, 220 Park Manor Dr. 15. Ms. Destiny Brown, 130 Second St .- spoke about funds for housing and Issue 9. 16. Mr. Kraig Robinson, 145 Warren St. – spoke in support of the tax renewals. 17. Ms. Stephanie Van Hoose, 365 Grassy Creek Way - spoke about funds for housing and Issue 9. 18. Ms. Valerie Duncan, 523 Haden Ave. - spoke about funds for housing and Issue 9. 19. Ms. Tara Campbell, 2224 Chamberlin Ave. – spoke about housing issues and Issue 9. 20. Mr. Logan Martinez, 2470 Mehawk Trail Rd. - spoke in support of a resolution calling for a ceasefire for the Israel and Hamas war. COMMENTS BY THE CITY MANAGER The City Manager, Ms. Shelley Dickstein, had no closing comments. COMMENTS BY THE CLERK OF THE COMMISSION The Clerk of Commission, Ms. Regina Blackshear, had no closing comments. COMMENTS BY THE CITY COMMISSION Commissioner Turner-Sloss Commissioner Turner-Sloss thanked everyone for the presentations and awards and the recipients. Commissioner Turner-Sloss thanked citizens and community leaders for their comments at the meeting. Commissioner Turner-Sloss asked for a follow-up to questions proposed by citizens. Commissioner Fairchild Commissioner Fairchild said he would like for them to reconvene the partnership between citizens and police to look at the surveillance issue to meet the goals of that work he would like for it to be done. In addition, he asked for a public hearing. Commissioner Fairchild congratulated Joseph T. Cline awardees for their service to the City of Dayton. Commissioner Fairchild said Dayton Children's Hospital had their Annual Memorial Service where families came to honor their children. Commissioner Fairchild said he hears the magnitude and pain in the room regarding the loss of life in Palestine. He said he wanted to restate what he said before that Dayton has an opportunity to make a statement because of the relationships with Israel and Palestine. Commissioner Shaw Commissioner Shaw congratulated his daughter on her graduation from Tennessee State University in Nashville Tennessee. He expressed his concern for the citizens in Tennessee who were affected by the tornados. Commissioner Joseph Commissioner Joseph congratulated Joseph T. Cline awardees for their service to the City of Dayton. Commissioner Joseph said he joins with his colleagues in making sure the role of the City of Dayton is a role of peace. He said he is confident they can come together to work for that end. Mayor Mims Mayor Mims said they have expressed repeatedly their concern for the Israel and Hamas war. ADJOURNMENT There being no further business, the meeting was adjourned at 8:09 p.m. ___________________________________ Jeffrey J. Mims, Jr. Mayor Attest: _____________________________ Clerk of Commission