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City Council

Regular Meeting

Trotwood, OH · November 3, 2014

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City of Trotwood 3035 Olive Road Trotwood, Ohio 45426 937-837-7771 www.trotwood.org Meeting Minutes Monday, November 3, 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, CMC, Clerk of Council City Council Meeting Minutes November 3, 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 and Moment of Silence Mayor Cameron lead the Pleade of Allegiance and asked for a moment of slience. III. Roll Call: Clerk of Council Present: 6 - Mayor Joyce Sutton Cameron, Vice Mayor Barbara Staggs , Councilmember Bettye Gales, Councilmember Rap Hankins, Councilmember Ron Vaughn and Councilmember Mary McDonald Absent: 1 - Councilmember Bruce Kettelle Staff members present: City Manager Michael J. Lucking, Law Director Stephen McHugh, Finance Director Patricia Shively, Human Resource Manager Stephanie Kellum, Interim Planning & Development Director Jeannie Peyton, Police Captain John Porter, Parks & Recreation Program Manager Shawn Tucker, Public Works Operations Manager Dalton Hines and Clerk of Council Sandra L. Riege. Visitors present are: Bryant White, Davina Reynolds, Jerimie Harper, Martha Martin, Sharon Brice Patterson, Edward Patterson, Robert Mitchell, Robert Critell, Tim Green Madeline Green, Rev. Lattimore, Peggy Davis Judy Screetch, Djuana Ross, Lissa Horne, Cora Diggs, Ernestine Grisby, Matthew Clark, Marie Battle, Deron Bell, Jeff Graham, George tyler, Martha Ervin, Kevin Bell, Janice Chinn, Daniel Cook, Jay Young and Tom Grady. IV. Motion to Approve the Agenda Mayor Cameron requested a motion to approve the agenda. A motion was made by Mr. Hankins and seconded by Mrs. McDonald. V. VISITORS AND COMMUNTICATION: Please come to the microphone and give your name & address before proceeding with your comments after Mayor Cameron announces for visitors comments on any item NOT on the agenda. You will have three (3) minutes to speak, please fill out a sign-in sheet prior to the meeting and return it to Sandra L. Riege, Clerk of Council BEFORE the meeting is called to order. Trotwood VFW Post Commander 4270 wanted to thank the city council and Trotwood citiznes for all their participation and support during the time they had their post closed. The post will be up and running next year. Anyone that is a veteran or know of a family member in need, please stop by as they have many programs to help. City of Trotwood Page 1 City Council Meeting Minutes November 3, 2014 VI. Special Presentations and Recognitions PR049-14 Community Service Awards / Parks & Recreation Calendar Updates Attachments: COMMUNITY SERVICE CERTIFICATES 11-3-14 RegMtg.pdf BIO_FOR_MADELINE_GREEN_2.pdf Bio of Residence In Praise Fine Arts Center Nov 3, 2014 Reg mtg.pdf Deron Bell bio 11-3-14.pdf The Trotwood Madison High School Football Team Presentation C.C. mTG. 11-3-14.pdf Family Fun Flyer full flyer2014 1). Parks & Recreation Shawn Tucker presented several special community service awards to citizens in our city. The first award goes to Mrs. Madeline Green who has worked 35 years as a music teacher and founder/executive director of Residence in Praise Fine Arts Center in Trotwood. Congratulations to her and her Residence in Praise organization to accept this award for outstanding service to the City of Trotwood benefits our youth and citizens. 2). Mr. Deron Bell is the second recipient whose instrumental in bring a positive influence today youth through mentorship, leadership and community involvement. Trotwood is his home and he's thankful Madeline Green for all she's done in this community personally and within our community. Congratulations on behalf of Trotwood City Council. 3). The Trotwood Madison High School football team is the third recipient of the outstanding community service award. The team has been instrumental in coordinating various volunteer activities for the team and throughout the community as part of their training. Congratulations to all from the Trotwood City Council. Community event reminders - 1). Family Movie Night at The Point will be on Friday, November 7 at 6 p.m., 2). Mayor and Council 12th annual Tree Lighting Ceremony will be held on Saturday, December 6th from 2 - 5 pm at the Olde Town Train Depot. The public is invited to attend. VII. Motion to Approve the Consent Agenda Mayor Cameron requested a motion to approve the consent agenda. A motion was made by Vice-Mayor Staggs and seconded by Mr. Hankins. Roll Call resulted in the following vote: Aye: 6- Mayor Cameron, Vice Mayor Staggs, Councilmember Gales, Councilmember Hankins, Councilmember Vaughn and Councilmember McDonald 14-118 Approval Workshop Meeting Minutes for Monday, September 15, 2014 Attachments: MeetingMinutesSept, 15, 2014-11-3-14.pdf City of Trotwood Page 2 City Council Meeting Minutes November 3, 2014 14-119 Approval of Regular Meeting Minutes for Monday, October 6, 2014 Attachments: MeetingMinutes6-Oct-2014-11-3-14 Reg_mtg.pdf 14-120 A motion to schedule a Public Hearing and for the Law Director to draft legislation to amend Ordinance 15-14, the annual re-appropriation for the City of Trotwood, Ohio and authorizing the adjustment of various expenditures of the City of Trotwood, State of Ohio for the fiscal year beginning January 1, 2014 through December 31, 2014. 14-122 A motion to schedule a Public Hearing and for the Law Director to draft legislation for a temporary 2015 appropriation for the City of Trotwood, and authorizing adjustment of various expenditures of the City of Trotwood, State of Ohio for the fiscal year beginning January 1, 2015 through December 31, 2015. 14-123 A motion to schedule a Public Hearing and for the Law Director to draft legislation for the annual 2015 appropriation for the City of Trotwood, and authorizing adjustment of various expenditures of the City of Trotwood, State of Ohio for the fiscal year beginning January 1, 2015 through December 31, 2015. 14-125 A motion to schedule a Public Hearing Amending Ordinance 2-14 establishing new certain wage scales for certain non-union employees of the City of Trotwood, Ohio VIII. Resolutions City of Trotwood Page 3 City Council Meeting Minutes November 3, 2014 R14-88 RESOLUTION AUTHORIZING CITY MANAGER TO ENTER INTO AN AMENDED AND RESTATED AGREEMENT WITH DP&L ENERGY RESOURCES, INC. ("DPLER") TO ESTABLISH AN ENERGY GOVERNMENT AGGREGATION & SAVINGS ("AFFINITY") PROGRAM THROUGH THE TERM ENDING MAY 31, 2017. Attachments: RES_DPL ENERGY AFFINITY PROGRAM NOV 3_2014.pdf DPL Energy Savings program 10-20-14 Workshop.pdf The Clerk read the caption. City Manager said this is the second round of a community savings program providing discounts to DP & L customers within our city. This agreement is for a 29 month term beginning on 1-1-15 through 5-31-17. This program is voluntary where a customer can opt-in and out with a low termination rate. Currently 324 residents are participating. Mrs. Mcdonald asked, are their rates the lowest of all other suppliers? Mr. Robert Stallman said this program said he can't guarantee that, but they are providing a competitive market rate with a discount to Trotwood instead of the mass market rate. Mr. Vaughn - are they fixed rates? Yes, regardless of what the market does in the 29th month agreement. Mayor Cameron wanted to know about the rates, times and penalty to get out of the program. How does all this compare to other agencies? Mr. Stallman said the best comparision is to go out the Public Utilities Commission of Ohio "Apples to Apples" web site for all utility companies information for the consumer to decide. Trotwood City Council is not endorsing this to be the lowest package, citizens will have the option to join, but will have the benefit of the rate not increasing over a period of time under this agreement. It's up the the consumers to decide what is the best electric rate and transition fee. The early termination rate is modest as compared to other companies. DPLER will provide a letter for questions about the program to all consumers to decide. The locked price is guaranteed to be at least $0.0005 cheaper per kWh than the price per kWh offered to its non-participating customers. which is voluntary to the consumers. Mrs. Gales have we received any other company to hear their proposal? No, just DPLER. Mrs. McDonald wants to know what the savings would be? Mr. Stallman said It relates to the standard utility service rates offered by the other utilities is about 8.8 cents, their program 7.1 to 7.3. Mrs. MdDonald and Ms. Gales indicated they feel we're giving the citizens the impression we're endorsing this agreement as the lowest rate. Mrs. McDonald doesn't want to endorse based on this factor. Mr. Vaughn, will the program still be available if we don't accept? We have in the past used this company and would like to continue. Mr. Stallman said the agreement will expire on December 31, 2014 and not be offered again to the community. The Electric Choice program will continue. Vice-Mayor Staggs agrees we are not just endorsing the program just giving the citizens an option to participate. Mayor Cameron requested a motion to approve Resolution R14-88. A motion was made by Mr. Hankins and seconded by Vice-Mayor Staggs to approve. Roll call resulted in the following vote: Aye: 5- Mayor Cameron, Vice Mayor Staggs, Councilmember Gales, Councilmember Hankins and Councilmember Vaughn Nay: 1- Councilmember McDonald City of Trotwood Page 4 City Council Meeting Minutes November 3, 2014 R14-90 RESOLUTION BY TROTWOOD CITY COUNCIL AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE OHIO DEPARTMENT OF TRANSPORTATION FOR THE CONTINUATION OF MOT-CR 230 9.06 (PID #88223) CONCRETE CURB AND GUTTER, STORM DRAINAGE AND SIDEWALK, WIDEN PAVEMENT TO ACCOMMODATE SIDEWALK & BIKEWAY WOLF CREEK UNDER CERTAIN TERMS AND CONDITIONS. Attachments: RES. 14-90 PID #88223 WIDEN PAVEMT FOR SIDEWALK & BIKEWAY WOLF CRREK _11-3-14_RegMtg_201410311405.pdf The Clerk read the caption. City Manager said this resolution a continuation of our ODOT agreement south of St. Rt. 49 to Little Richmond Road. the proposal includes a complete resurface of the road with a multi- purpose Trotwood bikepath connecting to the City of Dayton regional bikeway. The project estimate is 4.8 million. We have received $3.05 million grant. The additional dollars needed from the city is $1. 83 million. The plan is to eliminate some aspects of the project such as curb & sidewalk by doing the work ourselves, but we are responsible for the right of way. Will be pursuing other grants to bring the cost down. This project will be awarded and construction will be awarded and started in 2017. Mr. Vaughn & Mrs. McDonald asked what is our return on our investment? City Manager said this is a rebuilt of a road and busy artery in need of repair with 75% being paid with the grant. This is also part of our Strategic Plan to enhance our community image. The bikeway will help with our longer term goals. Mayor Cameron, what do we have in the plan and what monies we would have before we start this project? City Manager said we're working with the engineering firm with the design phase. Mayor Cameron stated, if we don't have the funds to more forward, she does not want this project to move forward on the backs of the citizens. City Manager said we will look for additional funds and we will not move forward with entering into the construction agreement if the funding does not work out. Mr. Hankins said he's the representative on the MVRPC Board. We received this grant years ago and if we default on this project our project rate level will go down and the money will go back to the federal government not to mention diminish our standing to get future grants. The city of Dayton and other entities will asset us to keep the costs down. Mr. Vaughn - how many linear feet is this - 6.1 miles. He's in agreement with City Manager this roadway does need to be compete. Dalton Hines Public Works Operating Manager has several plans in place and submit the project as a whole. Plan A - This project is submitted and reviewed on a point system. The 1.8 million could become far less based on the points we get for the submittal, but at this time we cannot determine the actual number. Plan B - if he takes certain elements out of the submittal this would bring the cost down even lower. There will be some right of way acquisition cost along Wolf Creek Pike and maybe frontage of properties will have to be taken, costs are unknown right now. Either plan should help us reduce the costs according to Mr. Hines. City Manager said we've had the grant dollars for number of years and are committed to get this down. Mayor Cameron requested a motion to approve Resolution 14-90. Mr. Vaughn made the motion to approve Resolution 14-90 and it was seconded by Mrs. City of Trotwood Page 5 City Council Meeting Minutes November 3, 2014 McDonald. The roll call resulted in the following vote: Aye: 6- Mayor Cameron, Vice Mayor Staggs, Councilmember Gales, Councilmember Hankins, Councilmember Vaughn and Councilmember McDonald R14-87 A RESOLUTION BY TROTWOOD CITY COUNCIL OPPOSING THE AMENDMENTS TO SENATE BILL 282 MUNICIPAL INCOME TAX , AS SUBMITTED BY THE LEGISLATORS FOR THE STATE OF OHIO Attachments: 130_SB_282_I_Y The Clerk read the caption. City Manager said this legislation will cause a 2/3 reduction in the income tax revenue from the citizens that live, but not work in the city. The employers not working in the city will reduce withholding taxes due to us. So, instead of paying income taxes to Trotwood the taxes would go to where you work. This is clearly not good legislation. The Ohio Municipal League is also opposed to this bill. This will affect every municipality in the state. According to Mr. Hankins, the state legislators logic behind this will lower tax costs to businesses therefore be able to hire more people. This will change the way municipalities do business. We talked to the state senator to make certain he clearly understand the financial impact to our city and we are opposed to this house bill. Mayor Cameron requested a motion to approve this resolution 14-87. A motion was made by Mrs. Gales and seconded by Mr. Hankins. Roll call resulted in the following votes: IX. Old & New Business a. Mayor City of Trotwood Page 6 City Council Meeting Minutes November 3, 2014 b. Council Members Mayor Cameron presented to Councilwoman McDonald her first bronze certificate for completion in the 'Leadership of Excellence' classes sponsored from the National League of Cities. Congratulations! Mrs. Gales asked what is the current status of the Target buidling? Nothing to report right now according to the City Manager. Mrs. McDonald - Thank you for representing her in Ward 4 for the Mayors Neighborhood Walk since she was not able to attend as council representative. In the month of December everyone is invited to sing join her ward in the singing of Christmas carols. The date will be announced later. Mr. Vaughn - He saw the recent article from the Ohio School Education Association October 2014 edition publication sent out by the Trotwood Chamber referencing our Trotwood School district as being a highly poor school district talking about our school food program. This is such a disadvantage to our home values and our city mission. He's disappointed about the comments in the article regaridng the school lunch program and it's benefits. It sends a horrible message. Mrs. Gales, yes Trotwood was on the front cover. The publication was the National Education Association. It did state we do have free breakfasts/lunches and are highly poor community. Mrs. McDonald said this is a good program and it's used in other areas. The downside is the comments being made. We need to have a serious conversation about the failing of the school scores. Mayor Cameron said she was not aware of that, it's unfair for us to discuss right now. We need to have this conversation at our joint meetings we schedule with the schools. Mrs. McDonald wants a real conversation with them during our joint meetings to understand why our community cannot move forward due to strikes against us such as - free lunches, student grades not being where they should be, people not moving into the city, it affects all of us. It's tough and difficult. Mr. Hankins said it's true all schools have these programs, it's been proven that low test scores in schools for children not being fed does effect the students. We do have challenges and citizens have to be our partners. We are a home rule city and cannot tell the schools what they should and shouldn't do. Mrs. McDonald also said we need to have a public relations officer to answer some of the negative press that's out there. Mr. Hankins, our staff needs to continue to work hard to keep the positive press flowing. Mrs. McDonald said the negative comments will continue if we don't address to get the message outside of our community to change public perception. Mayor Cameron, asked the City Manager open up this dialogue in a workshop session about the school concerns listed above and how we go about addressing them. The City Manger said you cannot fight the media, it's our job to get the positive word out - the media sensationalism is very common. Vice-Mayor Cameron thanked everyone involved in the employee recognition luncheon. Get out and vote tomorrow. c. City Manager City of Trotwood Page 7 City Council Meeting Minutes November 3, 2014 14-117 City Manager’s Report City Manager reported on the upcoming activities - 1). Next week we'll be scheduling the 2015 budget workshop sessions, 2). He met with citizen Mrs. Gafney regarding her mowing bill over charges and it will be adjusted. Some of the outcome resulted in changes to our mowing policy, 3). Trotwood Chamber of Commerce had their Business of the Year Awards at Friendship Village. Frontier Communication received the large business 2014 award. There was a tie for the small business awards - one to the Rogers Funeral Home and Brunner Literacy Center, 4) Trotwood city offices will be closed for Thanksgiving for two days Thursday 11-27 and Friday 11-28-2014. d. Staff Reports 14-124 Presentation of Thank you Letter and Plaque - Police Captain John Porter Attachments: VA Letter & Award.pdf 1). Captain John Porter received a letter and plaque from the Department of Veterans Affairs Medical Center is reference to the quick response and assistance on Monday, May 5, 2014 during an active shooter at their facility in their time of need. 2). Stephanie Kellum reported the city is participating in a Youth Works Program mentoring five kids from Trotwood City Schools to work with staff members in various departments. We are excited have them in our presence for this learning experience. X. Motion to Adjourn Mayor Cameron requested a motion to adjourn the meeting at 8:21 p.m. Mr. Hankins made the motion and it was seconded by Vice-Mayor Staggs. Roll Call resulted in the following vote: Aye: 6- Mayor Cameron, Vice Mayor Staggs, Councilmember Gales, Councilmember Hankins, Councilmember Vaughn and Councilmember McDonald City of Trotwood Page 8

Agenda

City of Trotwood 3035 Olive Road Trotwood, Ohio 45426 937-837-7771 www.trotwood.org Meeting Agenda - Final Monday, November 3, 2014 6:30 PM 3594 N. Snyder Road Trotwood Madison City School Board of Education Meeting 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 Agenda - Final November 3, 2014 I. Call to Order - Mayor Joyce S. Cameron II. Pledge of Allegiance and Moment of Silence III. Roll Call: Clerk of Council IV. Motion to Approve the Agenda V. VISITORS AND COMMUNTICATION: Please come to the microphone and give your name & address before proceeding with your comments after Mayor Cameron announces for visitors comments on any item NOT on the agenda. You will have three (3) minutes to speak, please fill out a sign-in sheet prior to the meeting and return it to Sandra L. Riege, Clerk of Council BEFORE the meeting is called to order. VI. Special Presentations and Recognitions PR049-14 Community Service Awards / Parks & Recreation Calendar Updates Attachments: COMMUNITY SERVICE CERTIFICATES 11-3-14 RegMtg.pdf BIO_FOR_MADELINE_GREEN_2.pdf Bio of Residence In Praise Fine Arts Center Nov 3, 2014 Reg mtg.pdf Deron Bell bio 11-3-14.pdf The Trotwood Madison High School Football Team Presentation C.C. mTG. 11-3-14.pdf Family Fun Flyer full flyer2014 VII. Motion to Approve the Consent Agenda 14-118 Approval Workshop Meeting Minutes for Monday, September 15, 2014 Attachments: MeetingMinutesSept, 15, 2014-11-3-14.pdf 14-119 Approval of Regular Meeting Minutes for Monday, October 6, 2014 Attachments: MeetingMinutes6-Oct-2014-11-3-14 Reg_mtg.pdf 14-120 A motion to schedule a Public Hearing and for the Law Director to draft legislation to amend Ordinance 15-14, the annual re-appropriation for the City of Trotwood, Ohio and authorizing the adjustment of various expenditures of the City of Trotwood, State of Ohio for the fiscal year beginning January 1, 2014 through December 31, 2014. City of Trotwood Page 2 Printed on 10/31/2014 City Council Meeting Agenda - Final November 3, 2014 14-122 A motion to schedule a Public Hearing and for the Law Director to draft legislation for a temporary 2015 appropriation for the City of Trotwood, and authorizing adjustment of various expenditures of the City of Trotwood, State of Ohio for the fiscal year beginning January 1, 2015 through December 31, 2015. 14-123 A motion to schedule a Public Hearing and for the Law Director to draft legislation for the annual 2015 appropriation for the City of Trotwood, and authorizing adjustment of various expenditures of the City of Trotwood, State of Ohio for the fiscal year beginning January 1, 2015 through December 31, 2015. 14-125 A motion to schedule a Public Hearing Amending Ordinance 2-14 establishing new certain wage scales for certain non-union employees of the City of Trotwood, Ohio VIII. Resolutions R14-88 RESOLUTION AUTHORIZING CITY MANAGER TO ENTER INTO AN AMENDED AND RESTATED AGREEMENT WITH DP&L ENERGY RESOURCES, INC. ("DPLER") TO ESTABLISH AN ENERGY GOVERNMENT AGGREGATION & SAVINGS ("AFFINITY") PROGRAM THROUGH THE TERM ENDING MAY 31, 2017. Attachments: RES_DPL ENERGY AFFINITY PROGRAM NOV 3_2014.pdf DPL Energy Savings program 10-20-14 Workshop.pdf R14-90 RESOLUTION BY TROTWOOD CITY COUNCIL AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE OHIO DEPARTMENT OF TRANSPORTATION FOR THE CONTINUATION OF MOT-CR 230 9.06 (PID #88223) CONCRETE CURB AND GUTTER, STORM DRAINAGE AND SIDEWALK, WIDEN PAVEMENT TO ACCOMMODATE SIDEWALK & BIKEWAY WOLF CREEK UNDER CERTAIN TERMS AND CONDITIONS. Attachments: RES. 14-90 PID #88223 WIDEN PAVEMT FOR SIDEWALK & BIKEWAY WOLF CRREK _11-3-1 R14-87 A RESOLUTION BY TROTWOOD CITY COUNCIL OPPOSING THE AMENDMENTS TO SENATE BILL 282 MUNICIPAL INCOME TAX , AS SUBMITTED BY THE LEGISLATORS FOR THE STATE OF OHIO Attachments: 130_SB_282_I_Y IX. Old & New Business a. Mayor b. Council Members c. City Manager City of Trotwood Page 3 Printed on 10/31/2014 City Council Meeting Agenda - Final November 3, 2014 14-117 City Manager’s Report d. Staff Reports 14-124 Presentation of Thank you Letter and Plaque - Police Captain John Porter Attachments: VA Letter & Award.pdf X. Motion to Adjourn City of Trotwood Page 4 Printed on 10/31/2014

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