City Council

City of Trotwood 3035 Olive Road Trotwood, Ohio 45426 937-837-7771 www.trotwood.org Meeting Minutes Monday, May 5, 2014 6:30 PM 3594 N. Snyder Road Trotwood Madison City School Board of Education Meeting Chambers City Council Mayor Joyce Sutton Cameron Vice Mayor Barbara Staggs Councilmember Bruce Kettelle Councilmember Bettye Gales Councilmember Rap Hankins Councilmember Ron Vaughn Councilmember Mary McDonald Sandra L. Riege, Clerk of Council City Council Meeting Minutes May 5, 2014 I. Call to Order - Mayor Joyce S. Cameron Mayor Cameron called the meeting to order at 6:30 p.m. II. Pledge of Allegiance & Moment of Silence III. Roll Call: Clerk of Council Present: 7 - Mayor Joyce Sutton Cameron, Vice Mayor Barbara Staggs , Councilmember Bettye Gales, Councilmember Rap Hankins, Councilmember Bruce Kettelle, Councilmember Ron Vaughn and Councilmember Mary McDonald Staff members present were: City Manager Michael J. Lucking, Fire Chief Steve Milliken, Finance Director Patricia Shively, Law Director Stephen McHugh, Plannng and Development Director Carl Daugherty, Planner Jeannie Peyton, Police Captain of Administration John Porter, Police Captain of Operations Erik Wilson; Human Resources Manager Barbara Brooks, Consultant Norm Essman, and Clerk of Council Sandra L. Riege. Visitors present were: Dave Norvell, John Fecke, Kim Delong, Janet Foote, George Tyler, Jay Young from DP & L, Sam Collier, David Young, Ronald & Joanne Koesters, Raymond Birdsong, Marvelene Raglen, Linda Tall and Andy Burton. IV. Motion to Approve the Agenda Mayor Cameron requested a Motion to approve the meeting agenda. A motion was made by Mr. Kettelle and seconded by Mr. Hankins. The motion passed by the following roll call: Aye: 7- Mayor Cameron, Vice Mayor Staggs, Councilmember Gales, Councilmember Hankins, Councilmember Kettelle, Councilmember Vaughn and Councilmember McDonald V. Special Presentations and Recognitions City Manager Michael J. Lucking opened the meeting with the following: City of Trotwood Page 1 City Council Meeting Minutes May 5, 2014 A. PR009-14 Ceremonial Sergeant’s Promotion, Kimberly DeLong Attachments: Oath of Office.docx Delong - Sergeant - bio.docx Police Captain John Porter introduced Trotwood Police Officer Kimberly Delong to introduce her as she's being promoted to the rank of Police Sergeant. She has been in law enforcement for a total of 16 years with her prior commission from the City of Riverside. She's a graduate from Syracuse University in 1995 with a degree in Criminal Justice and Masters degree from University of Cincinnati in 2007. Kim's other interests include coaching Youth Soccer and teaching a Criminal Justice Degree program at Clark State University. Congratulations to Sergeant Delong. B. PR016-14 Police Department Years of Service Recognition Police Captain John Porter announced the benchmark years of service awards for four Police Officers. These are: Officer Brian Douglas - 5 years; Detective Jeremy Kinder - 10 years; Officer Troy Dexter - 10 years; and Captain Erik Wilson - 15 years of service with the City of Trotwood. C. PR015-14 Proclamation -National Police Week and Police Memorial Day Attachments: National Police Week, 5-5-14 Clerk of Council Riege read the Proclamtion designating May 15th as Peace Officer's Memorial Day and the week in which it falls as "National Police Week" acknowledging the duties, responsibilities, hazards and sacrifies for all members that serve all people by protecting life and property against oppression. In honor of those law enforcement officers who have given the ultimate sacrifice in service to their community or have become disabled, we recognize and pay respect to the survisors of our fallen heroes. D. PR017-14 Proclamation naming Saturday, May 17, 2014, as National Kids to Parks Day. Attachments: National Kids to Parks Day, May 17, 2014 Clerk of Council Riege read the Proclamation acknowledging Saturday, May 17, 2014 as the fourth annual 'National Kids to Parks Day' as launched by the National Park Trust. This day is open to all children and adults across the country to encourage appreciation for nature and the outdoors, and to take time in their lives to enjoy their neighborhood, state and national parks. City of Trotwood Page 2 City Council Meeting Minutes May 5, 2014 E. PR019-14 Proclamation naming May 2014 as Community Action Month in honor of the 50th anniversary of Community Action Agencies. Attachments: Community Action Month, 5-5-14 Clerk Riege read the caption recognizing the 'Communithy Action Month of May' in honor of their 50th Anniversary of the Economic Opportunity Act of 1964. The Community Action Agency has made essential contributions to individuals and families in Trotwood providing them with innovative and cost effective programs to improve their lives and living conditions. This agency is also has been a major participant in the reform of the welfare system in the State of Ohio. VI. Motion to open the Public Hearing Mayor Cameron requested a motion to open the Public portion of this meeting. A motion was made by Mr. Vaughn and seconded by Mr. Hankins; roll call resulted in: Aye: 7- Mayor Cameron, Vice Mayor Staggs, Councilmember Gales, Councilmember Hankins, Councilmember Kettelle, Councilmember Vaughn and Councilmember McDonald VII. Visitors and Communications: Visitors -- please come to the podium and give your name and address before proceeding with your comments after Mayor Cameron asks for items not on the agenda. You will have three (3) minutes for your comments. You must complete a sign-in sheet prior to speaking and submit it to the Clerk of Council before the meeting begins. VIII. Public Hearings/Ordinances Visitors: Valerie Lee, 7510 Arundel, Ward 1 - She spoke about the 'Stand Your Ground Law', said she encourages the city to do the right thing to keep prohibition on our books from citizens carrying guns. Andy Burton, 7096 Post Town Road, Ward 3 - Spoke about the regulations of citizens carrying weapons inside of buildings. In 2012 we posted signage in our Parks and now we have taken the signs down. This isn't good use of tax payers' dollars. The city of Trotwood is obligated, in his opinion, to follow the law and it's his right to sue the City of we do not follow the law. If the signs are not removed in a timely fashion he'll contact his attorney. City of Trotwood Page 3 City Council Meeting Minutes May 5, 2014 A. OR6-14 AN ORDINANCE AMENDING CHAPTER 951.02 OF THE TROTWOOD, OHIO, CODE OF ORDINANCES. Attachments: 6-14 - Weapons in Parks Legal Notice for Ord 6-14 May 5, 2014 Chapter 951.02.pdf City Manager Lucking said this action is needed in order for the City to be in compliance with the State of Ohio law to regulate firearms as related to public parks located in the City of Trotwood. By passing this ordinance (Section 951.02 Prohibited Activities) the text "posses, carry or use any firearms, air guns or missiles" will be deleted. The new text will read "No person shall, without reasonable cause, have on or about his person, a knife, bow and arrow, air or gas gun, missile, slingshot or other missile-throwing device or any snares or traps within the municipal park lands or facilities." The Law Director stated this means the Ohio Revised Code statute for Ohio as determined by the courts will take precidence over our statute adopted by the City of Trotwood or any city within the state. Mr. Vaughn wanted to know how long this law has been in effect and is this agreement with the laws of the State of Ohio as written. Law Director said in 2004, 2007, 2008, 2014 there were numerous changes over a period of 10 years. Mayor Cameron asked when were the signs installed in the city parks? City Manager said it has been over the past several years. Mr. Hankins said we are a home rule city always protecting the rights of citizens - he is in opposition of this law and cannot vote for this as written. Mr. Kettelle said this was decided at the State level. Ohio wrote the legislation that, in his mind, we are being forced to take away our home rule rights and agrees with Mr. Hankins. Mrs. McDonald, Vice-Mayor Staggs and Mrs. Gales also said we are sworn to follow the laws of Ohio and they cannot vote on their personal feelings, they must abide by the State Law as it's written. City Manager stated this ordinance will become effective in 30 days at which time the signs in the parks will come down. Mayor Cameron requested a motion to approve OR6-14. A motion was made by Mr. Vaughn and seconded by Mrs. McDonald. The motion was approved by the following roll call: Aye: 5- Mayor Cameron, Vice Mayor Staggs, Councilmember Gales, Councilmember Vaughn and Councilmember McDonald Nay: 2- Councilmember Hankins and Councilmember Kettelle City of Trotwood Page 4 City Council Meeting Minutes May 5, 2014 B. R14-31 A RESOLUTION BY THE TROTWOOD CITY COUNCIL APPROVING THE APPLICATION FOR THE PLACEMENT OF 137.017 ACRES OF LAND OWNED BY BRIAN L. AND KATHY S. GARBER IN THE AGRICULTURAL TAX DISTRICT, SAID PROPERTY ADDRESSES BEING 1315 N. SNYDER ROAD, N. SNYDER ROAD, AND 8517 OLD DAYTON ROAD, TROTWOOD, OHIO 45426 (PARCEL NOS. H33-02305-0009, H33-02305-0010, H33-02305-0013 AND H33-02305-0019) IN ACCORDANCE WITH THE O.R.C. CHAPTER 929, THE FARMLAND PRESERVATION ACT. Attachments: R14-31, 1315 N. Snyder Road & 8517 Old Dayton Road, Farmland Preservation Application, 1315 N. Snyder Road The Clerk read the caption. City Manager said this item authorizes the placement of agricultural tax district to those who have parcels in compliance with the Farmland Preservation Act as approved by the Ohio General Assembly in 1982, O.R.C. Chapter 929 within the City of Trotwood. The owners will get certain tax benefits such as deferrment of water, sewer, electrical assessments, etc. Mayor Cameron requested a Motion to approve Resolution 14-31. A Motion was made by Mr. Kettelle and seconded by Mrs. Gales. The motion was approved by the following roll call: Aye: 7- Mayor Cameron, Vice Mayor Staggs, Councilmember Gales, Councilmember Hankins, Councilmember Kettelle, Councilmember Vaughn and Councilmember McDonald C. R14-32 A RESOLUTION BY THE TROTWOOD CITY COUNCIL APPROVING THE APPLICATION FOR THE PLACEMENT OF 14.554 ACRES OF LAND OWNED BY NANCY L. GARBER, ET.AL., IN THE AGRICULTURAL TAX DISTRICT, SAID PROPERTY ADDRESSES BEING STATE ROUTE 35 AND OLD DAYTON ROAD, TROTWOOD, OHIO 45426 (PARCEL NOS. H33-02304-0014 AND H33-02304-0079) IN ACCORDANCE WITH THE O.R.C. CHAPTER 929, THE FARMLAND PRESERVATION ACT. Attachments: R14-32, SR 35 & Old Dayton Road, Farmland Preservation Application, SR 35 & Old Dayton Road The Clerk read the caption. City Manager said this item authorizes the placement of agricultural tax district to those who have parcels in compliance with the Farmland Preservation Act as approved by the Ohio General Assembly in 1982, O.R.C. Chapter 929 within the City of Trotwood. The owners will get certain tax benefits such as deferrment of water, sewer, electrical assessments, etc. Mayor Cameron requested a Motion to approve Resolution R14-32. A Motion was made by Mrs. McDonald and seconded by Mr. Kettelle. The motion was approved by the following roll call: City of Trotwood Page 5 City Council Meeting Minutes May 5, 2014 Aye: 7- Mayor Cameron, Vice Mayor Staggs, Councilmember Gales, Councilmember Hankins, Councilmember Kettelle, Councilmember Vaughn and Councilmember McDonald D. R14-39 A RESOLUTION BY THE TROTWOOD CITY COUNCIL APPROVING THE APPLICATION FOR THE PLACEMENT OF 23.20 ACRES OF LAND OWNED BY GLEN & LENTINI COMBS, TRUSTEES, IN THE AGRICULTURAL TAX DISTRICT, SAID PROPERTY ADDRESS BEING 6390 SHILOH SPRINGS ROAD, TROTWOOD, OHIO 45426 (PARCEL NOS. H33-02107-0008 AND H33-02107-0045) IN ACCORDANCE WITH THE O.R.C. CHAPTER 929, THE FARMLAND PRESERVATION ACT. Attachments: R14-39, 6390 Shiloh Springs Road, Farmland Preservation Application, 6390 Shiloh Springs Road The Clerk read the caption. City Manager said this item authorizes the placement of agricultural tax district to those who have parcels in compliance with the Farmland Preservation Act as approved by the Ohio General Assembly in 1982, O.R.C. Chapter 929 within the City of Trotwood. The owners will get certain tax benefits such as deferrment of water, sewer, electrical assessments, etc. Mayor Cameron requested a Motion to approve Resolution R14-39. A Motion was made by Mr. Vaughn and seconded by Mr. Hankins. The motion was approved by the following roll call: Aye: 7- Mayor Cameron, Vice Mayor Staggs, Councilmember Gales, Councilmember Hankins, Councilmember Kettelle, Councilmember Vaughn and Councilmember McDonald IX. Motion to close the Public Hearing Mayor Cameron requested a motion to close the public portion of this meeting. A motion was made by Vice-Mayor Staggs and seconded by Mrs. Gales. The motion was approved by the following roll call: Aye: 7- Mayor Cameron, Vice Mayor Staggs, Councilmember Gales, Councilmember Hankins, Councilmember Kettelle, Councilmember Vaughn and Councilmember McDonald X. Resolutions City of Trotwood Page 6 City Council Meeting Minutes May 5, 2014 A. R14-30 A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT BETWEEN THE TROTWOOD COMMUNITY IMPROVEMENT CORPORATION (CIC) AND COUNTYCORP TO APPLY FOR AND RECEIVE LOANS FROM COUNTYCORP NOT TO EXCEED $175,000.00 ACCORDING TO THE TERMS SET FORTH IN THE LOAN AGREEMENT ATTACHED HERETO. THE PURPOSE OF SAID LOANS IS TO ACQUIRE AND REHABILITATE HOUSES IN TROTWOOD, OHIO. ALL LOANS SECURED BY THE CIC SHALL BE NON-RECOURSE LOANS TO THE CITY AND SHALL BE SECURED BY COLLATERAL OWNED BY THE CIC AND SUFFICIENT TO SATISFY THE LENDER. Attachments: R14-30, CIC and CountyCorp Loans County Corp Agreement 5-5-14 The Clerk read the caption. City Manager said this agreement is between the Trotwood Community Improvement Corporation (TCIC) and CountyCorp to apply for and receive loans in the amount not to exceed $175,000.00 excluding interest. The loan proceeds will be used for the renovation of homes to stablize the neighborhoods. The City has no responsibility to pay back the loan in the event of non-performance. The loans will be collateralized by the underlying asset, which is homes to be renovated. Most of these acquired homes are already in the Mongtomery County tax foreclosure process. The average cost for us to acquire the deliquent home is about $2,000.00 which covers closing fees and documents. This will in time enhance the value of these homes for resale in the future at market value. Mayor Cameron requested a Motion to approve Resolution R14-30. A Motion was made Mr. Kettelle and seconded by Mr. Hankins. The motion was approved by the following roll call: Aye: 7- Mayor Cameron, Vice Mayor Staggs, Councilmember Gales, Councilmember Hankins, Councilmember Kettelle, Councilmember Vaughn and Councilmember McDonald City of Trotwood Page 7 City Council Meeting Minutes May 5, 2014 B. R14-33 A RESOLUTION BY TROTWOOD CITY COUNCIL AUTHORIZING THE CITY MANAGER TO ENTER INTO A NEIGHBORHOOD INITIATIVE PROGRAM AGREEMENT WITH THE MONTGOMERY COUNTY LAND REUTILIZATION CORPORATION (MCLRC) TO FACILITATE THE DEMOLITION OF ABANDONED AND NEGLECTED PROPERTIES WITHIN THE CITY OF TROTWOOD. Attachments: R14-33, Neighborhood Initiative Program, 5-5-14 NIP Agreement The Clerk read the caption. City Manager Lucking said this agreement is with the Montgomery County Land Reutilization Corporation also known as the Montgomery County Land Bank for the neighborhood Inititative Program (NIP) grant in the amount of $450,000 fo the City of Trowood. This grant is for the acquistion and demolition of abandoned and neglected properties for us to acquire up to 20 to 25 properties. Mayor Cameron requested a Motion to approve Resolution R14-33. A Motion was made by Mr. Vaughn and seconded by Mr. Hankins. The motion was approved by the following roll call: Aye: 7- Mayor Cameron, Vice Mayor Staggs, Councilmember Gales, Councilmember Hankins, Councilmember Kettelle, Councilmember Vaughn and Councilmember McDonald XI. Old & New Business a. Mayor 1) To schedule an appointment with Mayor Cameron, please contact Sandy Riege, Clerk of Council at 854-7212 or by email at sriege@trotwood.org. b. City Manager 1) Reminder to visit the City of Trotwood website at www.trotwood.org for updated information and events in our City. City Manager said on Friday night the Trotwood Madison City School Educational Foundation held their annual gala to recognize outstanding teachers, employees and scholorhsip recipients. Saturday evening, May 3rd, a restaurant raid was held at Taqueria Mixteca featuring a mariachi band. We are working with the Trotwood Chamber to organize a Shop Trotwood Day event for our local businesses. A press release was published today about the Target CEO Greg Steinhafel who had resigned today after the data breach became an issue. City of Trotwood Page 8 City Council Meeting Minutes May 5, 2014 c. Council Members Councilmember Kettelle - thank you everyone for attending the restaurant raid; more will be scheduled. Councilmember Gales - Asked city council to consider a council retreat via e-mail. Based on the response she received from the City Manager, she would rather the City Manager nor staff get involved. Would like to get current with council protocol to become more informed. Requesting a 3-4 hour time frame in June. Discussion by Council : Mayor Cameron - Has reached out to Mrs. Gales and has received no response from her. Needs to know what type of retreat we need, to just talk or to discuss the city policy? Would need an agenda. Vice-Mayor Staggs - She wants staff involved in order for us to make this work. Staff is the team, along with council, and always work together hand in hand. Councilmember McDonald - Supports the need for a retreat for the unity of council. Doesn't want staff involved nor to go to a lot of expense. Councilmember Kettelle - The topic for the retreat needs to be defined on the agenda prior to the meeting. A team building retreat has been done in the past with a facilitator outside the organization. City Manager and staff needs to be a part of this process as council works with him and vice versa. Councilmember Gales - she agrees, likes the thought of having a team building retreat, not a policy retreat. Councilmember Vaughn - Would be interested in a general communication retreat between the Councilmembers without city staff and not to discuss policy. Law Director McHugh - It must be a public meeting with meeting minutes prepared by the city clerk along with notification to the press. Councilmember Hankins - We already had a retreat previously about our Strategic Plan. If this topic is off the table he is willing to consider another type of retreat if necessary. It was decided there will be no facilitator. Mayor Cameron, Mrs. Gales, and Clerk will assist with the organization. Councilmember Hankins - Saturday he attended the Learn to Earn Educational program throughout the region to make changes in the educational system. His Neighborhood Watch group meets at 11:30 at Maria Joseph Center for Ward 2; everyone is welcome. Councilmember McDonald - The Trotwood Transformation group met this past weekend; 36 people attended with ideas later to be shared with the city from the faith based community. Reminder for everyone to get out and vote on Tuesday. Councilmember Vaughn - City Council passed resolution in support of Issue 1; would like everyone's support at the polls. d. Staff Reports City Manager said there are no staff reports at this time. XII. Motion to Adjourn Mayor Cameron requested a motion to adjourn the meeting at 8:00 p.m. A motion was made by Mr. Kettelle and it was seconded by Mrs. McDonald. The motion resulted in the following roll call: City of Trotwood Page 9 City Council Meeting Minutes May 5, 2014 Aye: 7- Mayor Cameron, Vice Mayor Staggs, Councilmember Gales, Councilmember Hankins, Councilmember Kettelle, Councilmember Vaughn and Councilmember McDonald City of Trotwood Page 10