City Commission

On Wednesday, March 6, 2024, at 6:00 p.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 Shaw 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 28, 2024, City Commission meeting. Commissioner Fairchild seconded the motion. The previous meeting minutes were unanimously approved. COMMUNICATIONS AND PETITIONS There were no communications or petitions. SPECIAL AWARDS/PRESENTATIONS Basketball Champions Mayor Mims invited Mr. Anthony Forrest, Department of Recreation, to the podium to honor the players and coaches of the championship teams in our recreational basketball leagues, which concluded in early February. Mr. Forrest thanked coaches and staff for their volunteerism to serve the children and community. He thanked the parents and spectators for their involvement also. He said there were no problems at any of the athletic events. He thanked the City Commission for their encouragement. Commissioner Turner-Sloss thanked Mr. Forrest for his presentation. Alzheimer Event Mayor Mims invited Mr. Cedric Howard, Oak Street Health, to the podium to highlight a community event related to Alzheimer’s Disease. Mr. Howard said they serve adults on Medicate with two locations, one on the east end and the other in Westtown Shopping Center. He said wanted to help end the disease and started raising funds and awareness. Mr. Howard said over six million people live with the disease daily and by 2050 the will be 13 million people living with the disease. Mr. Howard said they are having a fundraising event An Evening of Champions on March 18, 2024, at Sinclair Community College from 6:00 pm until 9:00 pm, and will include a former NBA player, Mr. AC Green, Los Angeles Lakers which will include. He said proceeds will benefit the Miami Valley Association of Alzheimer’s. Commissioner Turner-Sloss thanked Mr. Howard for his presentation and said she looks forward to supporting his event. Commissioner Fairchild thanked Mr. Howard for his presentation and said he began it very well by talking about the families and caregivers who are touched by the disease. Commissioner Shaw thanked Mr. Howard for his work and said he has been doing this work for a long time and they are appreciative of it. Independent Accountability Auditor Mayor Mims invited Mr. Richard Moore, Attorney at Law, Frost Brown Todd LLP, to the podium to give a community update on the Independent Accountability Auditor. Mr. Moore said under the agreement and the resolution creating his position this is the second semiannual report on the activities through the end of last year. He said last year through September time was spent on preparing the annual report. He said he attended CAB meetings and sat in on administrative investigations or interviews. Mr. Moore said he continues to review the information contained in the IAA Pro database and based on the summary of the citizens-generated complaints from July 1, 2023, through December 31, 2023, there were a total of 103. He said citizen-generated complaints from January 1, 2023, through December 31, 2023, were a total of 170. Mr. Moore said through December 31, 2023, the system is functioning as it was intended, and his recommendation is they bring in experts for data analysis and someone to assist citizens in preparing their appeal. Commissioner Turner-Sloss asked if the information that he shared was listed and outlined in a memo. Mr. Moore said he didn’t have it in any other form but the slide presentation; however, he would provide the information to them at a later date. Commissioner Fairchild thanked Mr. Moore for the presentation and update. Commissioner Shaw thanked Mr. Moore for his work and his ability to think outside the box and look at other opportunities. Commissioner Joseph said he continues to be excited to watch the process grow and he appreciates Mr. Moore’s recommendations. Mayor Mims thanked Mr. Moore for his presentation. ADDITIONS OR DELETIONS TO THE CALENDAR The Clerk of Commission, Ms. Regina Blackshear, requested the addition of the legislation pertaining to the Public Hearing at the desire of the Commission. She also requested the addition of legislation pertaining to the Executive Session at the desire of the Commission. DISCUSSION OF CALENDAR ITEMS There was no discussion of 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). FIRE A1. Waterways of Southwest PA, LLC (fire hose testing services as needed through 12/31/24) $15,320.00 HUMAN RESOURCES B1. Bricker Graydon LLP (professional legal services as needed through 12/31/25) $80,000.00 POLICE C1. IHeart Media + Entertainment (radio marketing for recruitment campaign) 34,320.00 C2. Vance Outdoors, Inc. (lethal and non-lethal ammunition) 14,831.40 PUBLIC WORKS D1. Carl’s Body Shop Inc. (automotive shop repair services as needed through 12/31/24) 75,000.000 D2. Firelands Supply Company (guardrails and attenuator parts as needed through 12/31/24) 20,000.00 D3. SWARCO Industries, Inc. (glass beads for traffic marking as needed through 12/31/24) 17,640.00 WATER E1. Hach Company (Hach brand Controller Instrument, UVAS plus UV sensors, and related items) 77,114.04 E2. iVideo Technologies LLC (audio and video system improvements) 10,216.00 E3. FCX Performance, Inc. (Limitorque brand electric actuators and parts as needed through 12/31/27) 312,085.20 E4. Rieck Services LLC (preventative maintenance on chlorine gas scrubbers as needed through 12/31/24) 42,000.00 -Depts. of Fire, Human Resources, Police, Public Works, and Water. TOTAL: $698,526.64 Service Agreements 2. Centerville Landscaping, Inc. – Contract Modification – for installation of an additional irrigation system for Levitt Pavilion – Department of Public Works/Civil Engineering. $21,102.40 (Thru 12/31/25)  3. Karen Denise Bradley Co., LPA dba Bradley & Associates – Service Agreement – to provide immigration assistance services through information sessions and one-on-one consultations with Bradley & Associates, a law firm specializing in immigration law – Department of Planning, Neighborhoods, and Development/Community Engagement. $19,350.00 (Thru 12/31/24) 4. Miami Valley Fair Housing Center, Inc. – Service Agreement – Sub- Recipient Agreement for the implementation of the Housing Discrimination Testing Program – Human Relations Council. $25,000.00 (Thru 12/31/24) BY THE BOARD OF REVISION OF ASSESSMENTS 5. In the Matter of the Vacation of Valleycrest Drive from the North Property Line of City Lot #74638 to the North Property Line of City Lot #74633. 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 5-0 vote. Voting in the affirmative were Mayor Mims, Commissioners Joseph, Shaw, Fairchild, and Turner-Sloss. LEGISLATION ORDINANCE – FIRST READING Ordinance No. 32088-24- To Vacate Valleycrest Drive from the North Property Line of City Lot #74638 to the North Property Line of City Lot #74633. RESOLUTION – SECOND 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. The question being shall Resolution No. 6783-24 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. 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. The question being shall Resolution No. 6783-24 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. PUBLIC HEARING Mayor Mims opened the Public Hearing on Plan Board Case PLN2023-00381- regarding an Area-wide zoning map amendment request by the City of Dayton to rezone two underutilized, vacant, and largely industrial sites located in the Edgemont and Miami Chapel neighborhoods. He asked Ms. Dickstein to proceed. She asked Ms. Ellen Sizer, Planning Neighborhoods and Development, to the podium to present. Ms. Sizer said the proposed rezoning request is for parcels along S. Hames H. McGee Blvd and Germantown Street which is referred to as “Western Parcels” and several parcels along S. Paul Laurence Dunbar Street to the east of the Western Parcels, is referred to as “Eastern Parcels”. She said they are proposing to change 5.88 acres of Western parcels from a Light Industrial (I-1) zoning district to a Transitional (T) and Eclectic Neighborhood Commercial (ENC) zoning district. She said the eastern 4.09 acres of parcels are being proposed to change from General Industrial (I-2) zoning district to a Transitional (T) zoning district. Ms. Sizer said the zoning change will be complimentary to the Comprehensive Plan, West Dayton Neighborhood Vision Plan, and the Greater Miami Chapel Plan. She said the industrial designations no longer serve the vision for the corridor and surrounding area such as the Germantown Crossing housing development and Burkham Park. Ms. Sizer said the transitional and Eclectic General Commercial will allow more appropriate development. Ms. Sizer said the West Priority Land Use Board and the City Plan Board reviewed the proposal and both unanimously were in favor of the proposal. She said the City Commission has three decision options, approve the Plan Board recommendation to amend the zoning map, deny the request by taking no action, or remand the case back to the Plan Board. Mayor Mims closed the hearing. The pleasure of the City Commission is to move forward. THIS ITEM WAS ADDED ORDINANCE – FIRST READING Ordinance No. 32089-24- Amending the Official Zoning Map to Rezone 5.8 Acres of Parcels Located on James H. McGee Blvd and Germantown Street from General Industrial (I-1) to Transitional (T) and Eclectic Neighborhood Commercial (ENC) and to Rezone 4.09 Acres of Parcels North of Burkham Center Park Between South Paul Laurence Dunbar Street and South Broadway Street From Light Industrial (I-2) to Transitional (T) in the Edgemont and Miami Chapel Planning District. CITIZENS’ COMMENTS ON CALENDAR ITEMS There were no citizen comments on calendar items. 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. Ricka Woods, 45 Cambridge Ave. – spoke about mental health and an event in the City of Dayton. 3. Ms. Sarah Moore, 5970 Erica Court- spoke about DRITA and human rights.  4. Mr. Derek Gad, 243 Oak Street – spoke about DRITA and human rights. 5. Ms. Tosha Rountree, 4609 St. James Avenue.- spoke about Wolf Creek Day. 6. Mr. Kevin J. Keller, 3922 E. Third Street. spoke about Joby Manufacturing and jobs and a Dayton calendar. 7. Mr. Stephen Post, 145 Warren Street. - spoke in support of Issue 6. 8. Ms. Kathleen Galt, 5066 Safeway Drive - spoke about healthcare and the lack of facilities that accept Medicare. She also spoke about the Israel and Hamas war. 9. Alexander Gorman, 133 Linden Ave. - spoke about DRITA and human rights. 10. Pastor Xavier Johnson, 401 S. Paul Laurence Dunbar Street - spoke about stray dogs in his neighborhood. 11. Mr. Andrew Leonhard, 4476 Brandt Pike - spoke about permitting at his new business. 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, said she has received written notification from a majority of the City Commission members that they are unavailable to attend the City Commission meeting scheduled for March 13, 2024, due to out-of-town travel. As permitted by the city charter, this meeting has been canceled. There will be no Dayton City Commission meeting next week. COMMENTS BY THE CITY COMMISSION Commissioner Turner-Sloss Commissioner Fairchild thanked citizens and community leaders for their comments at the meeting. Commissioner Turner-Sloss highlighted the soccer and golf clinics by Dayton Recreation. Commissioner Fairchild Commissioner Fairchild thanked citizens and community leaders for their comments at the meeting. Commissioner Fairchild asked for a moment of silence to commemorate the Israel and Hamas war. Commissioner Fairchild highlighted the blood drive at City Hall, Dayton International Airport, Hoopla, and early voting. Commissioner Shaw Commissioner Shaw encouraged everyone to vote. Commissioner Joseph Commissioner Joseph thanked Mr. Stephen Post and the firefighters for endorsing Issue 6. He encouraged everyone to vote. Commissioner Joseph thanked Belle Haven and Kiser Elementary Schools for their invitation to read to their classes for “Read Across America” week. Mayor Mims Mayor Mims highlighted his attendance at Read Across America at Cleveland Elementary School. He also highlighted Central State University for their Hall of Fame program Mayor Mims thanked citizens and community leaders for their comments at the meeting. EXECUTIVE SESSION At 7:18 p.m., Commissioner Joseph made a motion to convene into an Executive Session to discuss collective bargaining matters to prepare for, conduct, or review a collective bargaining strategy. Commissioner Turner-Sloss 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. RECONVENE At 8:13 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. THESE ITEMS WERE ADDED Informal Resolution No. 1009-24-Rejecting the Recommendations of a Fact-Finder for a Proposed Successor Collective Bargaining Agreement with the Officers’ Unit of the Fraternal Order of Police, John C. Post Lodge No. 44. Commissioner Joseph made a motion to adopt Informal Resolution No. 1009-24. Commissioner Tuner-Sloss seconded the motion. 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 Informal Resolution was adopted. Informal Resolution No. 1010-24-Rejecting the Recommendations of a Fact-Finder for a Proposed Successor Collective Bargaining Agreement With the Supervisors’ Unit of the Fraternal Order of Police, John C. Post Lodge No. 44. Commissioner Shaw made a motion to adopt Informal Resolution No. 1010-24. Commissioner Fairchild seconded the motion. 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 Informal Resolution was adopted. ADJOURNMENT There being no further business, the meeting was adjourned at 8:17 p.m. ___________________________________ Jeffrey J. Mims, Jr. Mayor Attest: _____________________________ Clerk of Commission