City Commission

On Wednesday, September 4, 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. He asked for a moment of silence to commemorate the passing of four individuals at the mass shooting at Apalachee High School in Winder, Georgia. Mayor Mims highlighted his Violence Interruption Program. INVOCATION Commissioner Turner-Sloss 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 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 August 28, 2024, City Commission meetings. Commissioner Fairchild seconded the motion. The previous meeting minutes were unanimously approved. COMMUNICATIONS AND PETITIONS There were no communications or petitions. SPECIAL AWARDS/PRESENTATIONS Five Rivers MetroParks Mayor Mims invited Mr. Bill Tschirhart, Chief Administrator, of Five Rivers MetroParks, to the podium to give a community update. Mr. Tschirhart said for more than 60 years, Five Rivers MetroParks has served the citizens of Montgomery County by preserving green space and natural areas and providing high-quality parks, programs, outdoor experiences, and facilities. He said the mission of Five Rivers MetroParks is to protect the region’s natural heritage and provide experiences that provide a personal connection with nature. Mr. Tschirhart said 300,000 plus county residents visit Fiver Rivers MetroParks at least a few times a year, 96 percent of county residents live within a 10-minute drive of a MetroPark, and 15,831 acres of land are protected. He said the Dayton region boasts the region's largest paved trail network. Mr. Tschirhart said the three core areas of Five Rivers MetroParks are conservation, education, and recreation. He said Five Rivers MetroParks is the region’s conservation leader by protecting, preserving, and maintaining local green space and waterways. He said conservation efforts focus on river corridors, areas surrounding parks, and connecting significant tracts of land to preserve habitat on the largest scale possible for plants and wildlife. Mr. Tschirhart said year-round, MetroParks offers nature-based programs and events to teach adults, families, and children about wildlife, history, gardening, sustainable living, and more. MetroParks is a leader in helping children spend more time outdoors. He said it offers resources for educators and parents to help kids appreciate and learn to protect nature. Mr. Tschirhart said the 2024 levy will support safe access to the parks for all of Montgomery County, protect and improve natural areas, wildlife habitats, and water quality, and ensure safe picnic areas, restrooms, play areas, programs, trails, roads, and bridges, provide outdoor recreation, education, and festivals. He said the levy would help keep knowledgeable, and helpful staff. He said a $1M 10-year Levy will cost under $3 per month per $100,000 of appraised property value. He said if the levy doesn’t pass, MetroParks risks not being able to keep trails and facilities safe, clean, accessible, and repaired, not being able to offer public programs and festivals, and not being able to sufficiently protect wildlife habitats and the human environment. Mr. Tschirhart said the voter registration deadline is Monday, October 7, 2024. He said citizens may confirm their voting location with the Board of Elections and should plan to vote absentee or early if needed. He said election day is Tuesday, November 5, 2024, and polls are open 6:30 a.m. until 7:30 p.m. Commissioner Turner-Sloss commended Five Rivers MetroParks. She asked how many vacancies are open. Mr. Tschirhart said they have 19 open positions which are not in direct service which are management and administrative. Commissioner Turner-Sloss asked about the upgrades that will take place with the passage of the levy. Mr. Tschirhart said they plan replacements like playground equipment and restroom upgrades. Commissioner Turner-Sloss asked with the passage of the levy would there be roller skating at Riverscape. Mr. Tschirhart said he didn’t know they would need to know the needs of the community. Commissioner Fairchild thanked him for his work and stewardship. Commissioner Shaw said this is a great asset for the community and Forbes Magazine said Dayton is one of the top four places for young professionals to live which is thanks in part to Five Rivers MetroParks and its amenities. He said they will support this effort. Mr. Bear Monita, a Board Member of Five River MetroParks, said to support the levy they did belt-tightening themselves to show they are good stewards of taxpayer's dollars. He said quality parks and natural resources are critical in the decision-making process when families decide where to live and businesses decide where to locate. Mayor Mims said the quality-of-life issues that progressive cities have people sometimes forget how important recreation is. He thanked Mr. Tschirhart for the update. Independent Accountability Report Mayor Mims invited Mr. Richard Moore, Independent Accountability Officer, Frost Brown Todd, to the podium to give a community update. Mr. Moore said the citizen-generated incidents by type for January 1, 2024, through July 31, 2024, were 91. He said that complaints were received but determined to be inappropriate because of wrong jurisdiction or a baseless complaint. Mr. Moore reminded the City Commission of the outcomes of citizen complaints which are sustained or not sustained, exonerated or unfounded. He said the one complaint against an officer who was transporting an inmate resulted in a training memo issued to the officer. Mr. Moore said in his last report he recommended a Data Analyst who would be able to study the data in-depth. Commissioner Turner-Sloss thanked Mr. Moore for his update and asked about the two recommendations of a Data Analyst expert and assistance to citizens with appeals. Commissioner Fairchild thanked Mr. Moore for his report and asked about the number of specific cases he handles in a quarter. Mr. Moore said he does look at specific cases especially if a situation is sustained. He said he didn’t have the number of cases. Commissioner Fairchild asked about the 91 cases he investigated and if any of them were not sustained, exonerated, or unfounded. Mr. Moore said he looks at random samples of the reports to see if anything stands out. He said in the time he has been reading the reports he hasn’t found anything. Commissioner Shaw thanked Mr. Moore for his report and asked if there was anything that he needed. Mr. Moore said he didn’t need anything. Mayor Mims asked what his thoughts were on people making complaints that live out of the jurisdiction. Mr. Moore said that they are ill-informed and that they think they should make the report to the Dayton Police Department. Mayor Mims thanked him for the update. ADDITIONS OR DELETIONS TO THE CALENDAR There were no additions or deletions to the calendar. DISCUSSION OF CALENDAR ITEMS Calendar Item No. 5. A to Z Property Maintenance LLC – Award of Contract, Calendar Item No. 8. L.J. DeWeese Co., Inc. - Award of Contract, Calendar Item No. 9. L.J. DeWeese Co., Inc. and Calendar Item No. 10. L.J. DeWeese Co., Inc. The City Manager, Ms. Shelley Dickstein, said these contracts are for a $4M investment in neighborhoods for sidewalks in Old North Dayton, Edgemont, Twin Towers, and Carillon that include multiple vendors. Calendar Item No. 3. NextStreet Financial, LLC – Contract Modification The City Manager, Ms. Shelley Dickstein, said the contract will continue City staffing for the IBROCK program. Calendar Item No. 4. Stantech Consulting Services, Inc. – Service Agreement The City Manager, Ms. Shelley Dickstein, said the agreement is to look at how the river will be more accessible to the community. Commissioner Turner-Sloss thanked Ms. Dickstein for highlighting the various contracts and said it was a testament to the commitment of staff. She thanked Ms. Wright for her attendance and for honoring Pastor Greenlee. Commissioner Fairchild thanked Ms. Dickstein for highlighting the various contracts and said it's an exciting time for the neighborhoods. He said Pastor Greenlee not only fed the hungry, but he fed the souls of people. He said he hopes he hears “Well Done Good and Faithful Servant”. Commissioner Shaw thanked Ms. Dickstein for highlighting the various contracts and said it spreads wealth and opportunity and that’s what they want to see. 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. Morning Pride Manufacturing LLC dba Honeywell First Responder Products (protective gloves for structural firefighting as needed through 12/31/24) $15,000.00 A2. Motorola Solutions, Inc. (ten (10) Motorola handheld radios and twenty-one (21) truck-mounted radios. $131,791.64 POLICE B1. Dell Marketing LP (one hundred ninety-six (196) Dell computers and accessories) 257,300.00 PUBLIC WORKS C1. Best Equipment Company, Inc. (parts, supplies, and related items as needed through 12/31/24) 60,000.00 -Departments of Fire, Police, and Public Works. TOTAL: $464,091.64 Service Agreements 2. Axon Enterprise Inc. – Service Agreement – to provide body-worn cameras to document interactions and capture essential evidence, along with cloud software to store footage, and physical camera maintenance – Department of Aviation/Airport Police. $89,322.09 (Thru 12/31/29)  3. NextStreet Financial, LLC – Contract Modification – second amendment to increase funding and amend the scope of services of the original agreement – City Manager’s Office. $325,000.00 (Thru 12/31/26) 4. Stantech Consulting Services, Inc. – Service Agreement – to perform the engineering design services in connection with the Wolf Creek Levee Improvements – Department of Public Works/Civil Engineering. $300,272.00 (Thru 12/31/30) B. Construction Contracts: 5. A to Z Property Maintenance LLC - Award of Contract – Dayton Recovery Plan- Twin Towers Neighborhood Curb and Sidewalk Repair I (25% MBE Participation Goal/25% MBE Participation Achieved) - Department of Public Works/Civil Engineering. $636,698.90 (Thru 12/31/25) 6. Arcon Builders, Ltd – Award of Contract –- for the Dayton Wright Brother Airport MGY T- Hangers B & C Rehabilitation (MGY-2023002) (25% DBE Participation Goal/32% DBE Participation Achieved) - Department of Aviation /Airport Administration & Finance. $1,947,000.00 (Thru 09/30/26) 7. Greater Dayton Construction Ltd. – Award of Contract –- for Toilet Room Renovations Sewer Maintenance Facility Project (10% WBE and 10% MBE Participation Goal/11.0% WBE and 10.4% MBE Participation Achieved) – Department of Water/Water Engineering. $1,100,000.00 (Thru 06/30/26) 8. L.J. DeWeese Co., Inc. – Award of Contract – Dayton Recovery Plan - for the Old North Dayton Curb and Sidewalk Repair II (25% MBE Participation Goal /25.1% MBE Participation Achieved) - Department of Public Works/Civil Engineering. $595,367.50 (Thru 12/31/25) 9. L.J. DeWeese Co., Inc. – Award of Contract – Dayton Recovery Plan - for the Twin Towers Curb and Sidewalk Repair II (25% MBE Participation Goal/ 25% MBE Participation Achieved) - Department of Public Works/Civil Engineering. $657,050.00 (Thru 12/31/25) 10. L.J. DeWeese Co., Inc. – Award of Contract – Dayton Recovery Plan - for the Miami Chapel and Edgemont Neighborhoods Curb and Sidewalk Repair I (25% Public Works/Civil Engineering. $766,700.00 (Thru 12/31/25)  11. Outdoor Enterprise, LLC – Award of Contract – for the Point Park Construction Project to build a park on city-owned property at Troy Steet and Valley Street (25% HUD Section 3 Worker Labor Hours & 5% Targeted Worker Labor Hours Participation Goal (Federal CDBG Funds) - Department of Public Works/Civil Engineering. $654,383.00 (Thru 05/31/27) 12. R.A. Miller Construction Company – Award of Contract – Dayton Recovery Plan - for the Old North Dayton Neighborhood Curb and Sidewalk Repair I (25% MBE Participation Goal /24.9% MBE Participation Achieved) - Department of Public Works/Civil Engineering. $604,632.50 (Thru 12/31/25) CITIZENS’ COMMENTS ON CALENDAR ITEMS Citizen’s comments on calendar items were received from the following: 1. Ms. Delores Wright, 3117 Haney Road- spoke about the street designation of Pastor Junior F. Greenlee, Zion Hill Missionary Baptist Church. APPROVAL OF CITY MANAGER’S REPORTS Commissioner Turner-Sloss made the motion to approve the City Manager’s Reports. Commissioner Shaw 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 RESOLUTION -FIRST AND SECOND READING Emergency Resolution No. 6819-24- Authorizing the Acceptance of the Fiscal Year 2023 Assistance to Firefighters Grant in the Amount of Three Hundred Twenty-Six Thousand Four Hundred Six Dollars and Sixty-Seven Cents ($326,406.67) by the Federal Emergency Management Agency (“FEMA”), Authorizing the Required Matching Funds in the Amount f Thirty- Two Thousand Six Hundred Forty Dollars and Sixty-Seven Cents ($32,640.67), 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 4-0 vote. Voting in the affirmative were Mayor Mims, Commissioners Shaw, Fairchild, and Turner-Sloss. The question being shall Emergency Resolution No. 6819-24 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. RESOLUTION – FIRST READING Emergency Resolution No. 6820-24- Honorarily Naming Grosvenor Avenue between West Third Street and Home Avenue as “Rev. Dr. Junior F. Greenlee Way” for a Two Year Period. BOARD APPOINTMENTS Commissioner Shaw made a motion to reappoint Daniel Desch, Mark Manovich, Steve Seboldt, and James Wahl to the Greater Downtown Priority Land Use Board for a term ending December 31, 2025. Commissioner Turner-Sloss seconded the motion. The motion was unanimously approved. Commissioner Fairchild made a motion to reappoint Evan Bambakidis, Margaret Murray, Jim Walker, and Gloria White to the North Central Priority Land Use Board for a term ending December 31, 2025. Commissioner Shaw seconded the motion. The motion was unanimously approved. Commissioner Turner-Sloss made a motion to appoint Porothea Dennis to the North Central Priority Land Use Board for a term ending December 31, 2025. Commissioner Fairchild seconded the motion. The motion was unanimously approved. Commissioner Shaw made a motion to appoint Joel Michael, Jerri Standard, and Deborah Thomas to the Northeast Priority Land Use Board for a term ending December 31, 2025. Commissioner Turner-Sloss seconded the motion. The motion was unanimously approved. Commissioner Shaw made a motion to reappoint Youssef Elzein, Matthew Kelly, Connie Nisonger, and Courtney Whitworth to the Northeast Priority Land Use Board for a term ending December 31, 2025. Commissioner Fairchild seconded the motion. The motion was unanimously approved. Commissioner Turner-Sloss made a motion to reappoint Ben Abernethy to the Southeast Priority Land Use Board for a term ending December 31, 2025. Commissioner Shaw Seconded the motion. The motion was unanimously approved. Commissioner Turner-Sloss made a motion to appoint Kelly Brown, Patrick Cauley, Leah Konicki, Shelly Moran, and Matthew Wolf to the Southeast Priority Land Use Board for a term ending December 31, 2025. Commissioner Fairchild seconded the motion. The motion was unanimously approved. Commissioner Fairchild made a motion to appoint Edith Jackson and Shirley Williams to the West Priority Land Use Board for a term ending December 31, 2025. Commissioner Shaw seconded the motion. The motion was unanimously approved. Commissioner Fairchild made a motion to reappoint Edith Johnson, Kenneth Marcellus, and Annetta Richardson to the West Priority Land Use Board for a term ending December 31, 2025. Commissioner Turner-Sloss seconded the motion. The motion was unanimously approved. CITIZENS’ COMMENTS Citizen’s comments were received from the following: 1. Ms. Jennifer Alexander, 2206 Sayebrooke Rd. – spoke in opposition to DRITA. 2. Ms. Fatimah Gula, 336 Miller Ave. - spoke about the Israel and Hamas war. 3. Mr. Alexander Gorman, 133 Linden Ave. – spoke in opposition to DRITA.  4. Mr. Mark Donelson, 650 West Siebenthaler Ave. – spoke about crime and economic development conditions in west Dayton. 5. Ms. Anna Flores, 9227 Great Lakes Cir. – spoke in opposition to DRITA. 6. Ms. Victoria McNeal, 107 Neal Ave. – spoke about various conditions and issues 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 remarks. COMMENTS BY THE CITY COMMISSION Commissioner Turner-Sloss Commissioner Turner-Sloss thanked citizens, and community leaders for their comments at the meeting. Commissioner Fairchild Commissioner Fairchild thanked citizens, and community leaders for their comments at the meeting. Commissioner Fairchild congratulated Officer Brown on his win at the Para Olympics. He congratulated organizers and supporters of the Tour de Gem. Commissioner Fairchild said he cannot segregate the pain in his heart dealing with war, school, and mass shootings. Commissioner Fairchild highlighted the basics of safe sleep, alone, in their crib, and on their back. Mayor Mims Mayor Mims said he spoke at the services of a young child 12 years old who lost her life to gun violence while asleep in her bed. He said all lives are important and that’s why he asks for love and peace for all and hatred for none. ADJOURNMENT There being no further business, the meeting was adjourned at 7:08 p.m. ___________________________________ Jeffrey J. Mims, Jr. Mayor Attest: _____________________________ Clerk of Commission