City Commission

On Wednesday, June 26, 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. INVOCATION Commissioner Fairchild gave the invocation. PLEDGE OF ALLEGIANCE Mayor Mims led the public in the Pledge of Allegiance. ROLL CALL Roll call was taken, and Mayor Mims, Commissioners Shaw, Fairchild, and Turner-Sloss were present. The Clerk of Commission, Ms. Regina Blackshear, and the City Manager, Ms. Shelley Dickstein, were also present. Commissioner Shaw made a motion to excuse Commissioner Joseph from this week’s commission meeting. Commissioner Fairchild seconded the motion. The motion was unanimously approved. APPROVAL OF MINUTES Commissioner Shaw made a motion to approve the minutes from the June 5, 2024, City Commission meetings. Commissioner Fairchild seconded the motion. The previous meeting minutes were unanimously approved. COMMUNICATIONS AND PETITIONS Communication #21894 State of Ohio, Department of Liquor Control – Permit Application No. 9804465 – NEW – D5i – XO Burger LLC, 1171 W Third Street Dayton OH 45402. The Clerk of Commission reported receipt of Permit Application No. 9804465 – NEW – D5i – XO Burger LLC, 1171 W Third Street Dayton OH 45402. The application was referred through the city for investigation. Communication #21895 State of Ohio, Department of Liquor Control – Permit Application No. 4242793 – TRFO – C1-C2 – Jawad & Rawad LLC, 1056 N Gettysburg Avenue, Dayton OH 45417. The Clerk of Commission reported receipt of Permit Application No. 0098342 – TRFO – C1- C2 – Jawad & Rawad LLC, 1056 N Gettysburg Avenue, Dayton OH 45417. The application was referred through the city for investigation. Communication #21896 State of Ohio, Department of Liquor Control – Permit Application No. 0491555 – TRFO – D1-D2 – D3- D3A -D6 – Bar El Amanecer LLC, 3501 N Main Street, Dayton OH 45405. The Clerk of Commission reported receipt of Permit Application No. 0491555 – TRFO – D1- D2 – D3- D3A -D6 – Bar El Amanecer LLC, 3501 N Main Street, Dayton OH 45405. The application was referred through the city for investigation. Communication #21897 Letters - Related Affordable, LLC - RE: Mad River Manor, Ashbury Apartments, Northcrest Gardens Communication #21898 State of Ohio, Department of Liquor Control – Permit Application No. 2437162 – NEW – D5 – EL Rinconcito Mexicano LLC, 2701 E. Third Street, Dayton OH 45403. The Clerk of Commission reported receipt of Permit Application No. 2437162 – NEW – D5 – EL Rinconcito Mexicano LLC, 2701 E. Third Street, Dayton OH 45403. The application was referred through the city for investigation. SPECIAL AWARDS/PRESENTATIONS Miss Ohio 2024 Mayor Mims invited Ms. Macy Hudson, Miss Ohio 2024 to the podium to receive congratulations from the City Commission. Mayor Mims said Ms. Hudson was crowned Ms. Ohio 2024 on May 25, 2024, at the Shawnee State University, Vern Riffe Center for the Arts. He said she is a graduate of Stivers School of the Arts Dayton Public Schools and will compete in the Ms. America pageant later this summer in California. Ms. Hudson said she is grateful to be from Dayton, Ohio where it all began. She said starting in the Dayton Public School system which is where she learned discipline and tenacity is the reason she has been able to chase her dreams. Ms. Hudson said that representing Dayton and now Ohio is very exciting. Commissioner Turner-Sloss thanked and congratulated Ms. Hudson on becoming Ms. Ohio and said they are very proud of her. Commissioner Fairchild congratulated Ms. Hudson and asked what her magnet was and what advice she would give other students at Stivers School for the Art. Ms. Hudson said her magnet was violin and dance and she would tell them never to give up and take everything they are learning and apply it to whatever they want to do in the future. Commissioner Shaw congratulated Ms. Hudson and said he knows that getting to this level of pageantry is very difficult. He thanked her for representing Dayton, Ohio. Mayor Mims asked about her other passion for representing her sister. Ms. Hudson said her sister Moriah, who passed away in 2021 unexpectedly and had a rare blood disorder is the reason for her bringing awareness to individuals with rare blood disorders. She said she also wants to share the message that there is life after grief. The Clerk of Commission presented Ms. Hudson with a greeting from the mayor. Monthly Demolition Update Mayor Mims invited Mr. Steve Gondol, Director of Planning, Neighborhoods, and Development, to the podium for a monthly demolition report. Mr. Gondol said the total planned demolitions for 2022-2026 are 1,168. He said the total demolitions for 2023 were 188. Mr. Gondol said the total number of completed structural demolitions for May 2024 was 22, and the funding sources were 16 with ARPA, one from the general fund, five from ODOD, and zero from CDBG. He said there were no garage demotions completed in April 2024. Mr. Gondol said there were 101 total piles removed as of April 2024. He said in April 2024 there were five piles removed and two piles added, due to fire/structural fails. Mr. Gondol showed an overview of areas where demotions had occurred. The City Commission thanked Mr. Gondol for his report. ADDITIONS OR DELETIONS TO THE CALENDAR The City Manager, Ms. Shelley Dickstein requested the deletion of Calendar Item No. 4. Space Creator LLC. DISCUSSION OF CALENDAR ITEMS Calendar Item No. 5. John R. Jurgensen Co. – Award of Contract and Calendar Item No. 6. John R. Jurgensen Co. – Award of Contract The City Manager, Ms. Shelley Dickstein said the contracts are for asphalt resurfacing of the neighborhoods and thoroughfares throughout the City of Dayton. Calendar Item No. 7. Proflex Construction & Supplies, LLC – Award of Contract The City Manager, Ms. Shelley Dickstein said the contract will update park equipment at the Jane Newcome and College Hill Parks. Calendar Item No. 10. Kaney Aerospace, Inc. – Development Agreement The City Manager, Ms. Shelley Dickstein said the agreement is in connection with the regional site selection project which the City of Dayton competed for and won. She said the agreement will expand their research and development facility. Ordinance No. 32102-24- Accepting a Proposed Collective Bargaining Agreement with the Officers’ Unit of the Fraternal Order of Police, John C. Post Lodge No. 44; Authorizing the City Manager to Execute Said Agreement, and Declaring an Emergency, and Ordinance No. 32103-24 Accepting a Proposed Collective Bargaining Agreement with the Supervisors’ Unit of the Fraternal Order of Police, John C. Post Lodge No. 44; Authorizing the City Manager to Execute Said Agreement, and Declaring an Emergency. The City Manager, Ms. Shelley Dickstein invited Mr. Ken Couch, Director of Human Resources to the podium for more information. She thanked Mr. Couch and his team for all of their hard work on the agreement. Mr. Couch said the ordinances conclude the contract negotiations with all five of the bargaining units with representation of the FOP supervisors and officers. He said they went through mediation because the parties were unable to agree on the terms. He asked the FOP to go through conciliation which is a final binding arbitration process but before the date of the meeting, they approached the FOP and asked them to go through federal mediation with John Gray, which was successful. Mr. Couch gave an overview of the bargaining agreement with Supervisors and Officers. The City Commission thanked Mr. Couch and the unions for their hard work on the agreement. Ordinance No. 32101-24- Levying a Motor Vehicle License Tax Pursuant to Ohio Revised Code Section 4504.173. The City Manager, Ms. Shelley Dickstein invited Ms. Abbey Patel-Jones, Director of Management and Budget to the podium for a community update. Ms. Patel-Jones said Permissive tax is a local motor vehicle license tax that can be levied by counties, municipalities, and or townships on vehicle registrations. She said the current permissive tax is $25.00 per registration and House Bill 62 will raise the current permissive tax to $30.00 in 2019. Ms. Patel-Jones said if approved by the City Commission the $5.00 tax would apply beginning January 1, 2025, and would generate an additional $529,000.00 of funding which would be used to maintain the City’s thoroughfare lane miles. The City Commission thanked Ms. Patel-Jones for the information. 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. Motorola Solutions, Inc. (Motorola radios with additional batteries) $225,302.40 INFORMATION TECHNOLOGY B1. SHI International Corp. (Commvault Cloud Air Gap protection software) $65,958.55 MUNICIPAL COURT C1. Dell Marketing (sixty (60) Dell computers and accessories) 62,613.00 POLICE D1. Sandy’s Auto & Truck Service, Inc. (fifteen used 40' shipping containers and vehicle and equipment clean-up) 56,040.00 PUBLIC WORKS E1. Cummins, Inc. (parts and repair services as needed through 12/31/24) 50,000.00 WATER F1. Agilent Technologies, Inc. (additional sampling and reagent costs for laboratory analytical equipment (ICP-OES 710/715 system) 15,000.00 F2. JCI-JONES Chemicals, Inc. (liquid chlorine gas as needed through 12/31/24) 362,000.00 F3. Kendall Electric, Inc. (electrical parts, supplies, and related items as needed 12/31/24) 55,000.00 -Depts. of Fire, Information Technology, Municipal Court, Police, and Public Works and Water. TOTAL: $891,913.95  Service Agreements 2. enfoTech & Consulting, Inc. – Service Agreement – for data management software for the Industrial Pretreatment Group at Water Reclamation – Department of Water/Water Reclamation. $83,000.00 (Thru 12/31/25) 3. Rumpke of Ohio, Inc. – Service Agreement – for disposal of recyclable waste for Dayton residents, Jefferson Township, and City of Moraine customers – Department of Public Works/Waste Collection. $525,000.00 (Thru 07/10/27) 4. Space Creator LLC – Service Agreement – to improve the City’s organizational culture to create a more productive, inclusive, and engaging workplace – Department of Law/Civil. $191,000.00 (Thru 07/01/2025) B. Construction Contracts: 5. John R. Jurgensen Co. – Award of Contract – for 2024 CDBG Asphalt Resurfacing (25% HUD Section 3 Participation Worker Labor Hours & 5% Targeted Worker Labor Hours Participation Goal/25% HUD Section 3 Participation Worker Labor Hours & 5% Targeted Work Labor Hours Participation Achieved) (Federal CDBG Funds) – Department of Public Works/Civil Engineering. $1,826,800.00 (Thru 09/27/26) 6. John R. Jurgensen Co. – Award of Contract – for 2024 Thoroughfare Asphalt Resurfacing (10% SBE, 10% MBE, and 5% WBE Participation Goal/10% SBE, 10% MBE, and 5% WBE Participation Achieved) – Department of Public Works/ Civil Engineering. $2,800,000.00 (Thru 09/27/26) 7. Proflex Construction & Supplies, LLC – Award of Contract – for playground equipment installation at Jane Newcom and College Hill Parks (8% MBE Participation Goal/8% MBE Participation Goal Achieved) – Department of Public Works/Director’s Office. $211,502.00 (Thru 10/01/26) C. Revenue to the City: 8. Dayton Express Cab Co. – Contract Modification – first amendment to the Airport Taxicab Operating Agreement – Department of Aviation/Airport Administration & Finance. $61,520.00 (Thru 05/31/26) 9. Premier Health Partners – Contract Modification – Memorandum of Understanding to fund the Community Paramedicine Program – Department of Fire/Fire Strategic Programs & Safety. $140,000.00 (Thru 12/31/24) D. Development Agreement: 10. Kaney Aerospace, Inc. – Development Agreement – in connection with their regional site selection project for an expanded Office and Research and Development facility – Department of Planning, Neighborhoods and Development/Development. $85,000.00 (Thru 06/30/29) E. Other – Contributions, etc.: 11. Sinclair Community College – Other – for access to the City of Dayton Fire Training Center – Department of Fire/Fire Strategic Programs & Safety. $64,000.00 (Thru 06/30/26) CITIZENS’ COMMENTS ON CALENDAR ITEMS There were no citizens’ 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 Shaw, Fairchild, and Turner-Sloss. LEGISLATION EMERGENCY ORDINANCES – FIRST AND SECOND READING Emergency Ordinance No. 32102-24- Accepting a Proposed Collective Bargaining Agreement with the Officers’ Unit of the Fraternal Order of Police, John C. Post Lodge No. 44; Authorizing the City Manager to Execute Said Agreement, 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 4-0 vote. Voting in the affirmative were Mayor Mims, Commissioners Shaw, Fairchild, and Turner-Sloss. The question being shall Emergency Ordinance No. 32102-24 be passed. A roll call vote was taken resulting in a 4-0 vote. Voting in the affirmative were Mayor Mims, Commissioners Shaw, Fairchild, and Turner-Sloss. The Emergency Ordinance was passed. Emergency Ordinance No. 32103-24- Accepting a Proposed Collective Bargaining Agreement with the Supervisors’ Unit of the Fraternal Order of Police, John C. Post Lodge No. 44; Authorizing the City Manager to Execute Said Agreement, and Declaring an Emergency. Commissioner Fairchild moved that this being an emergency measure for the immediate consideration of the Ordinance. Commissioner Shaw seconded the motion. The motion was passed with a 4-0 vote. Voting in the affirmative were Mayor Mims, Commissioners Shaw, Fairchild, and Turner-Sloss. The question being shall Emergency Ordinance No. 32103-24 be passed. A roll call vote was taken resulting in a 4-0 vote. Voting in the affirmative were Mayor Mims, Commissioners Shaw, Fairchild, and Turner-Sloss. The Emergency Ordinance was passed. EMERGENCY RESOLUTION – FIRST AND SECOND READING Emergency Resolution No. 6806-24- Ratifying the Acceptance of a Technology Grant Award from the Ohio Supreme Court in the Amount of One Hundred Thirty-Four Thousand Eight Hundred Forty-Five Dollars and Six Cents ($134,845.06), and Declaring an Emergency. Commissioner Turner-Sloss 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 Shaw, Fairchild, and Turner-Sloss. The question being shall Emergency Resolution No. 6806-24 be adopted. A roll call vote was taken resulting in a 4-0 vote. Voting in the affirmative were Mayor Mims, Commissioners Shaw, Fairchild, and Turner-Sloss. The Emergency Resolution was adopted. EMERGENCY ORDINANCE – SECOND READING Emergency Ordinance No. 32101-24- Levying a Motor Vehicle License Tax Pursuant to Ohio Revised Code Section 4504.173. The question being shall Ordinance No. 32101-24 be passed. A roll call vote was taken resulting in a 4-0 vote. Voting in the affirmative were Mayor Mims, Commissioners Shaw, Fairchild, and Turner-Sloss. The Ordinance was passed. RESOLUTION – SECOND READING Resolution No. 6804-24-Authorizing the City Manager to Accept Federal Fiscal Years 2025 and 2026 Federal Aviation Administration Airport Improvement Project Grants from the United States Department of Transportation for Airport Improvement Projects at the James M. Cox Dayton International Airport and Dayton Wright Brothers Airport on Behalf of te City of Dayton in an Amount Not to Exceed Twenty-Five Million Dollars and Zero Cents ($25,000,000.00). The question being shall Resolution No. 6804-24 be adopted. A roll call vote was taken resulting in a 4-0 vote. Voting in the affirmative were Mayor Mims, Commissioners Shaw, Fairchild, and Turner-Sloss. The Resolution was adopted. CITIZENS’ COMMENTS Citizen’s comments were received from the following: 1. Mr. Kevin Keller, 3722 East Third St. – spoke about various issues in the community. Commissioner Turner-Sloss asked Mr. Keller to contact Miller Pipe Line to address concerns with his yard at 937-506-8837. Commissioner Fairchild informed Mr. Keller about the process for excusing commission members from the weekly meeting. 2. Mr. Charles Scandrick, 257 Huron Ave.. – spoke about an issue in the Westwood neighborhood regarding parking. COMMENTS BY THE CITY MANAGER The City Manager, Ms. Shelley Dickstein asked Mr. Scandrick to meet with Lt. Col. Henderson of the Dayton Police Department after the meeting. COMMENTS BY THE CLERK OF THE COMMISSION The Clerk of Commission, Ms. Regina Blackshear, said the July 3, 2024, City Commission evening meeting had been changed to a morning meeting for everyone to enjoy the Lights in Flight event. COMMENTS BY THE CITY COMMISSION Commissioner Turner-Sloss Commissioner Turner-Sloss thanked citizens and community leaders for their comments at the meeting. Commissioner Turner-Sloss invited everyone out to Kettering Field for the Lights in Flight event on July 3, 2024. Commissioner Fairchild Commissioner Fairchild thanked citizens and community leaders for their comments at the meeting. Commissioner Fairchild highlighted his attendance at the 2024 Airshow and congratulated staff on a successful event. Commissioner Fairchild invited everyone out to Kettering Field for the Lights in Flight event on July 3, 2024. Commissioner Shaw Commissioner Shaw highlighted his attendance at the 2024 50th Anniversary of the Airshow and congratulated staff on a successful event. Mayor Mims Mayor Mims wished his granddaughter a Happy Birthday. Mayor Mims recognized School Board Vice President Ms. Karen Wick for attendance at this week's meeting. Mayor Mims thanked staff for their support during his surgery and convalescence. ADJOURNMENT There being no further business, the meeting was adjourned at 6:54 p.m. ___________________________________ Jeffrey J. Mims, Jr. Mayor Attest: _____________________________ Clerk of Commission