City Commission

On Wednesday, February 28, 2024, at 8:30 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, and Fairchild were present. The Clerk of Commission, Ms. Regina Blackshear, and the Acting City Manager, Ms. LaShea Lofton, were also present. Commissioner Joseph made a motion to excuse the absence of Commissioner Turner- Sloss. Commissioner Fairchild seconded the motion. The motion was unanimously approved. INVOCATION Mayor Mims asked for a moment of silence to commemorate the passing of City of Dayton employee Mr. Lester Jackson. 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 February 21, 2024, City Commission meeting. Commissioner Fairchild seconded the motion. The previous meeting minutes were unanimously approved. COMMUNICATIONS AND PETITIONS Communication #21876 TREX Liquor Application - QuikTrip Corporation, 2121 S Edwin Moses Blvd., Dayton OH 45417 SPECIAL AWARDS/PRESENTATIONS BLACK HISTORY MONTH Mayor Mims said in honor of Black History Month, he would like to honor past members of the Dayton City Commission: Commissioner Don Crawford, Mayor James H. McGee, Former Commissioner and Mayor Richard Clay Dixon, Commissioner Idotha Bootsie Neal, Commissioner Dean Lovelace, Commissioner Loyd Lewis, Commissioner Ethel Lewis, Commissioner Joey D. Williams, Former Commissioner and now Mayor Jeffery J. Mims, Jr., Commissioner Christopher Shaw, and Commissioner Shenise Turner-Sloss. DEMOLITION REPORT The Acting City Manager, Ms. LaShea Lofton, invited Mr. James McDaniel, Conservation Supervisor, Planning, Neighborhoods, and Development, to the podium for a monthly demolition report. Mr. McDaniel said the total planned demolitions for 2022-2026 are 1,168. He said the total demolitions for 2023 were 188. Mr. McDaniel said the total number of completed structural demolitions for January 2024 was 19, and the funding sources were 10 with ARPA, 5 from the general fund, three from ODOD, and one from CDBG. He said there were no garage demotions completed in January 2024. Mr. McDaniel said there were 112 total piles removed by the end of 2023. He said in January 2024 there were four piles removed and five piles added, due to fire/structural fails. Commissioner Fairchild asked about the number of homes that need to be demolished. Mr. Ken Jackson, Nuisance Abatement Specialist, Planning, Neighborhoods, and Development said they have between 12 and 1,300 properties within the nuisance program. Commissioner Joseph said they are off to a good start by taking down 19 properties in January 2024. ADDITIONS OR DELETIONS TO THE CALENDAR The Clerk of Commission, Ms. Regina Blackshear, requested the addition of Emergency Resolution No. 6785-24- Objecting to the Issuance of Liquor Permit No. 62791210006, NTI Lawn Care LLC, dba NTI Bluespoon Café, 120 South James H. McGee Blvd, Dayton OH 45402. She said the legislation will receive a first and second reading. DISCUSSION OF CALENDAR ITEMS Calendar Item No. 3. JYG Innovations – Service Agreement The Acting City Manager, Ms. LaShea Lofton, said the agreement will provide support at the Dayton International Airport for IT services. She said the vendor is a local Procurement Enhancement Program (PEP) certified company and is a Minority Business Enterprise (MBE) firm as well. Calendar Item No. 4. WSP USA Environment & Infrastructure, Inc. – Service Agreement The Acting City Manager, Ms. LaShea Lofton, said the agreement is a zero Principal Forgiveness Loan Program which is part of the bipartisan infrastructure bill. She said the study will help locate additional production wells in the Miami Wellfield. Calendar Item No. 5. Performance Site Development – Award of Contract The Acting City Manager, Ms. LaShea Lofton, said the contract will restore a thousand linear feet of existing stream channel north of James H McGee and east of Wesley and Five Rivers Metro Park. She said the Wolf Creek Bank Stabilization project will address significant degradation of stream channel banks. Calendar Item No. 7. City Wide Development Corporation – Payment of Voucher, Calendar Item No. 8. Dayton African American Cultural Festival-Payment of Voucher, Calendar Item No. 9. Epix Tube Co, Inc.-Payment of Voucher, Calendar Item No. 10. Long’s Lawn Care-Payment of Voucher, Calendar Item No. 11. Ohio Valley Archaeology, inc.-Payment of Voucher and Calendar Item No. 12. Old North Dayton Neighborhood Association- Payment of Voucher. Commissioner Fairchild asked for an explanation of the number of payments of vouchers. Ms. Lofton said the vouchers are atypical. She said the vouchers are another mechanism to correct a missed step in the encumbering process. She said it’s the legal means by which they grant authority to disperse funds to vendors after services have been delivered with not enough encumbrance in place before the service. CITIZENS’ COMMENTS ON CALENDAR ITEMS There were no citizen's comments on calendar items. REPORTS 1. Purchase Orders, Agreements and Contracts: (All contracts are valid until delivery is complete or through December 31st of the current year). CIVIL SERVICE BOARD A1. Friends Service Company, Inc. dba FriendsOffice (office furniture including delivery and installation services as needed through 12/31/24) $24,356.28 FIRE B1. Vogelpohl Fire Equipment, Inc. (firefighting equipment and related items as needed through 12/31/27) $60,000.00 HUMAN RELATIONS COUNCIL C1. Perez & Morris LLC (professional legal services as needed through 12/31/24) 15,000.00 MANAGEMENT AND BUDGET D1. Creative Financial Staffing LLC (temporary staffing services as needed through 12/31/24) 130,000.00 POLICE E1. State of Ohio (peace officer training services as needed through 12/31/27) 46,000.00 PUBLIC WORKS F1. Astrophysics, Inc. (one metal detector) 11,063.00 RECREATION G1. Millennium Franchise Group LLC (temporary staffing services as needed through 12/31/24) 60,000.00 WATER H1. Hach Company (Hach brand equipment, repairs, and maintenance as needed through 12/31/27) 112,479.00 H2. Herc Rentals, Inc. (heavy equipment rental services items as needed through 12/31/27) 78,500.00 H3. Kendall Electric, Inc. (Holophane LED lighting fixtures as needed through 12/31/27) 210,000.00 H4. Ohio Machinery Co, Ohio CAT -P0240857- (Caterpillar 299D3XE Compact Tract Loader) 151,683.00 H5. Process Pump & Seal, Inc. (Chesterton split mechanical seal and spare parts as needed through 12/31/27) 180,000.00 H6. Alfa Laval, Inc. (Alfa Laval G2-100 Centrifuge rotating assembly rehab) 127,465.00 H7. Ohio Machinery Co. Ohio CAT -P0240855- (Caterpillar 420XE PWR Backhoe) 168,154.00 H8. Palmer Trucks, Inc. dba Kenworth of Dayton (Kenworth T880 Day Cab Road Tractor) 206,272.00  H9. Patrick Engineering, Inc. dba Patrick Enterprises (GE Mutilin parts as needed through 12/31/27) 120,000.00 H10. Excel Fluid Group LLC (Barnes brand pump repairs and related items as needed through 12/31/27) 160,000.00 -Depts. of Civil Service Board, Fire, Human Relations Council, Management and Budget, Police, Public Works, Recreation, and Water. TOTAL: $1,860,972.28 2. The C-3Group, LLC– Service Agreement – to provide marketing services related to the Mediation Response Unit (MRU) – Department of Planning, Neighborhoods and Development/Mediation. $40,000.00 (Thru 01/31/25) 3. JYG Innovations – Service Agreement – to provide information technology ("IT") services and support needed at the Dayton International Airport, including IT systems engineering, design and implementation, monitoring of system security, and final tier problem resolution services (20% MBE Participation Goal Achieved/15% SBE Participation Goal Achieved - Department of Aviation/AP Admin & Finance. $1,413,363.00 (Thru 02/01/29) 4. WSP USA Environment & Infrastructure, Inc. – Service Agreement – for the Miami Well Field Hydrogeological Modeling (Open Market) – Department of Water/Environmental Protection. $1,000,000.00 (Thru 12/31/25) B. Construction Contract: 5. Performance Site Development, LLC. –Award of Contract- for the Wolf Creek Stream Restoration Rebid (20% MBE Participation Goal/20% MBE Participation Achieved) - Department of Public Works/Civil Engineering. $1,852,461.60 (Thru 12/01/26) E. Other – Contributions, etc.: 6. Miami Valley Regional Planning Commission- Other – 2024 Annual Membership Dues – Department of Planning, Neighborhoods and Development/Planning. $72,951.32 (Thru 12/31/24) 7. CityWide Development Corporation – Payment of Voucher – to cover an invoice for reimbursement of eligible project costs in 2023 – Department of Planning, Neighborhoods, and Development/Economic Development. $56,356.98 8. Dayton African American Cultural Festival – Payment of Voucher – to cover payment of an invoice for the neighborhood Mini-Grant Program – Department of Planning, Neighborhoods and Development/Community Engagement. $5,000.00  9. Epix Tube Co., Inc. – Payment of Voucher - to cover payment of an invoice for reimbursement of eligible project costs from 2022 and 2023 – Department of Planning, Neighborhoods and Development/Economic Development. $347,087.90 10. Long’s Lawn Care – Payment of Voucher – to cover payment of an invoice for services performed in 2023 - Department of Planning, Neighborhoods and Development/Economic Development. $5,000.00 11. Ohio Valley Archaeology, Inc.- Payment of Voucher – to cover payment of an invoice for services performed in 2023/Department of Planning, Neighborhoods and Development/Economic Development. $62,022.82 12. Old North Dayton Neighborhood Association – Payment of Voucher – to cover invoice for the neighborhood Mini-Grant Program/Department of Planning, Neighborhoods and Development/Community Engagement. $4,975.00 CITIZENS’ COMMENTS ON CALENDAR ITEMS There were no citizen's comments on calendar items. APPROVAL OF CITY MANAGER’S REPORTS Commissioner Shaw made the motion to approve the City Manager’s Reports. Commissioner Fairchild seconded the motion. The City Manager’s Reports were approved with a 4-0 vote. Voting in the affirmative were Mayor Mims, Commissioners Joseph, Shaw, and Fairchild. LEGISLATION EMERGENCY RESOLUTIONS – SECOND READING Emergency Resolution No. 6781-24- Approving the Submission of Applications and Authorizing the Acceptance of Grant Awards from the Ohio Department of Transportation Under the Safe Routes to School Program for State Fiscal Year 2020, and Declaring an Emergency. The question being shall Emergency Resolution No. 6781-24 be adopted. A roll call vote was taken resulting in a 4-0 vote. Voting in the affirmative were Mayor Mims, Commissioners Joseph, Shaw, and Fairchild. The Emergency Resolution was adopted. Emergency Resolution No. 6782-24- Appointing Mayor William D. Duncan to the Montgomery County 9-1-1 Program Review Committee Pursuant to Ohio Revised Code Section 128.06(A)(5), and Declaring an Emergency. The question being shall Emergency Resolution No. 6782-24 be adopted. A roll call vote was taken resulting in a 4-0 vote. Voting in the affirmative were Mayor Mims, Commissioners Joseph, Shaw, and Fairchild. The Emergency Resolution was adopted. ORDINANCE – SECOND READING Ordinance No. 32087-24- Appropriating Funds for the Year 2024 to Provide for the Operating and Capital Expenses of Various Offices, Departments, and Divisions of the Government of the City of Dayton. The question being shall Ordinance No. 32087-24 be passed. A roll call vote was taken resulting in a 4-0 vote. Voting in the affirmative were Mayor Mims, Commissioners Joseph, Shaw, and Fairchild. The Ordinance was passed. RESOLUTION – FIRST READING Resolution No. 6783-24- Authorizing the City Manager to Accept Funding from the Economic Development and Government Equity Program, as Approved by the Board of County Commissioners of Montgomery County, Ohio, in an Amount Not to Exceed One Hundred Fifty Thousand Dollars and Zero Cents ($150,000.00), by Entering into a Project Agreement for the Dine´ Development Corporation Project. Resolution No. 6784-24- Authorizing the City Manager to Accept Funding from the Economic Development and Government Equity Program, as Approved by the Board of County Commissioners of Montgomery County, Ohio, in an Amount Not to Exceed Sixty Thousand Dollars and Zero Cents ($60,000.00), by Entering into a Project Agreement for the Kaney Aerospace, Inc. Project. THIS ITEM WAS ADDED EMERGENCY RESOLUTION Emergency Resolution No. 6785-24- Objecting to the Issuance of Liquor Permit No. 62791210006, NTI Lawn Care LLC, dba NTI Bluespoon Café, 120 South James H. McGee Blvd, Dayton OH 45402. Commissioner Joseph moved that this being an emergency measure for the immediate consideration of the Resolution. Commissioner Shaw seconded the motion. The motion was passed with a 4-0 vote. Voting in the affirmative were Mayor Mims, Commissioners Joseph, Shaw, and Fairchild. The question being shall Emergency Resolution No. 6785- 24 be adopted. A roll call vote was taken resulting in a 4-0 vote. Voting in the affirmative were Mayor Mims, Commissioners Joseph, Shaw, and Fairchild. The Emergency Resolution was adopted. BOARD APPOINTMENTS Commissioner Fairchild made a motion to appoint Sarah McKnight and Ellen Marie Wahlrab to the Environmental Advisory Board for an unexpired term ending December 31, 2025. Commissioner Shaw seconded the motion. The motion was unanimously approved. Commissioner Joseph made a motion to appoint Grace Dietsch to the Environmental Advisory Board for a term ending December 31, 2026. Commissioner Fairchild seconded the motion. The motion was unanimously approved. Commissioner Shaw made a motion to reappoint Nick Comstock to the Dayton- Montgomery County Port Authority Board of Trustees for a term ending December 31, 2027. Commissioner Fairchild seconded the motion. The motion was unanimously approved. CITIZENS’ COMMENTS Citizens’ comments were received from the following: 1. Mr. Youssef Elzein, 4906 Amberwood Drive. - spoke about the Israel and Hamas war.  2. Ms. Sarah Moore, 5970 Erica Court- spoke about DRITA and human rights. 3. Dr. Kimaru Wa-Tenza, 1200 W. Grand Ave. - spoke about racism in the City of Dayton. 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 Fairchild Commissioner Fairchild thanked citizens and community leaders for their comments at the meeting. Commissioner Fairchild said in honor of Black History Month he highlighted Ms. Inez Beverly Crawford, PhD. Commissioner Shaw Commissioner Shaw thanked the Human Relations Council for their work on the service agreement with JYG Innovations. Mayor Mims Mayor Mims said services for Mr. Herbert Burton will take place on Thursday, February 29, 2024, at Phillips Temple CME Church. Mayor Mims highlighted attending a meeting with Ms. Lydia Howard, Director of Crawford and Hoying. ADJOURNMENT There being no further business, the meeting was adjourned at 9:07 a.m. ___________________________________ Jeffrey J. Mims, Jr. Mayor Attest: _____________________________ Clerk of Commission