City Council

City of Trotwood 3035 Olive Road Trotwood, Ohio 45426 937-837-7771 www.trotwood.org Meeting Minutes Monday, May 4, 2015 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 May 4, 2015 I. Called to Order Mayor Cameron called the meeting to order at 6:30 p.m. II. Pledge of Allegiance and 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: Michael J. Lucking City Manager, Steve McHugh Law Director, Quincy Pope Sr. Public Safety Director/Deputy City Manager, Steve Milliken Fire Chief, Patricia Shively Finance Director, Jeannie Peyton Planning and Zoning Administrator, Stephanie Kellum Human Resource Manager, John Porter Police Captain of Administration and Sandra Riege Clerk of Council. VISITORS: Brad Baskin, Dennis Banfill, Cheryl Shumaker, Ralph Heist, Shirley Banfill, Michael Ecton, Richard Farncomb, Wanda Page, Robert Kelley, Jr., Marva Burton, Glen Cooper, Ken Ullery, Barbara Higgins, Mary Nixson, Robert Jones, Charlotte Jones, Barbara Stewart, John Fecke, Gary Adams, Walter Littlejohn, Sara Pritchett, Anita Peary, Lucille Cosby, Mary Rose, Steven Champion, Norman & Clarice Brown, Ken Kelly, Luther Ogletree, Janet Foote, Stephanie Anderson, Marilyn Scott, Joyce Danis, Cal & Faye Childers, Dawn Wojak, Vickie Castor, Joseph Braun, Bennie Emberg, Mary & Swede Mourman, Hope Kelley, Olivia Hester, Tamiko Troutman, Sandra Johnson, Dominic Flemingson, Georgia McAlpine, Larry & Sandra Dodd, Anita Schmaltz, Larry White, Raymond Bing, Tom Grady, Janice Chinn, Charles Pauley, Martha Erwin, Mattie Clay, Jay Young, Patricia Allen Julia Littlejohn, Eloise McCray, Shirley Andrews, Jean Rucker, Jennifer Granger, Jannetta Warren, Martha Clark, Ellsworth Szkudlark, Clarence Carpenter, Cassandra Carpenter, Cheryl Schumaker, Ralph Heist, Dennis & Shirley Banfill, Dennis Hester, Brad Baskin, Sarah Pritchett, Wanda page, Gloria Cooper, Dawn Wojaik IV. Motion to Approve the Agenda Mayor Cameron requested a motion to approve the consent agenda. A motion was made by Mr. Hankins and seconded by Mrs. Gales. Roll call resulted in the following vote: Aye: 7- Mayor Cameron, Vice Mayor Staggs, Councilmember Gales, Councilmember Hankins, Councilmember Kettelle, Councilmember Vaughn and Councilmember McDonald City of Trotwood Page 1 City Council Meeting Minutes May 4, 2015 A. PR019-15 A PROCLAMATION FROM THE OFFICE OF THE MAYOR FROM THE CITY OF TROTWOOD DECLARING FRIDAY, MAY 8, 2015 AS POLICE MEMORIAL DAY IN CONJUNCTION WITH POLICE WEEK. Attachments: National Police Memorial Day 5-8-15.pdf City Manager Lucking introduced Police Captain John Porter. The week of May 11-15, 2015 is recognized as National Police Week and on Monday, May 15, 2015 Peace Officers' Memorial Day ceremony will be held at Riverscape in downtown Dayton. Several law enforcement members from the City of Trotwood will be participating in this event to honor Peace Officers' throughout the region who have fallen that gave their ultimate sacrifice. Mayor Cameron presented the proclamation to Captain John Porter in recognition of all police officer's nation wide. B. PR021-15 Full Retirement of Officer Lynne Michele Fournier-Wick City Manager Lucking said Trotwood Police Officer/Detective Lynn Michelle Fournier-Wick is retiring after 25 1/2 years of service. Police Captain John Porter spoke about her career in the criminal justice which began in Madison Township Police Department in 1989 and ended here in the City of Trotwood. She comes from a family of peace officers who dedicated their careers as peace officers in Montgomery County, Madison Township and City of Trotwood for a total of 110 years. In recognition, the Trotwood Police Department presented to her retirement badge and gift. Chief Quincy Pope expressed his thanks for her dedication of public service to this community. C. PR020-15 Introduction of New Police Recruit and Ceremonial Swear In Police Captain introduced new Police Officer Stephanie Anderson as our newest police recruit for Trotwood. She has a associate's degree in criminal justice with honors. Stephanie continued her career pursuit by attending the Sinclair Police Academy graduating in 2012 in the top of her class excelling in the core competencies of Academics, PT, and Firearms. After the academy she accepted her first Commission as a Reserve Police Officer with the Degraff Police Department in Logan County before coming to Trotwood. She has been a reserve officer and served with the Army National Guard in the Military Police Division. Mayor Cameron administered the Ceremonial Oath of Office. D. PR022-15 Introduction of New Police Recruit and Ceremonial Swear In Police Captain introduced another Police Officer Elise Law another our newest recruit for Trotwood. She has a bachelors degree in criminal justice, served severed two tours of duty in Irag & Afghanistan with the National Guard, and is currently connected to the 1486 Transportation Company here in Ohio. Mayor Cameron administered the ceremonial Oath of Office. City of Trotwood Page 2 City Council Meeting Minutes May 4, 2015 E. PR023-15 Police Accreditation Award Attachments: Police Accrediation Award_5-4-15.pdf Police Captain John Porter presented to Trotwood City Council the CALEA Commission on Accreditation for Law Enforcement Agencies Gold Standard Award that was given to Trotwood Police Department. This award is for our police agency who has demonstrated their excellence in policing with the culmination of self-evaluation's, on- site assessment by the CALEA team and a final review by the 21 governing board of CALEA Commissioners. CALEA was established in 1979 as an international agency for law enforcement agencies for demonstrating a continuous commitment to professional excellence in policy & practice. The Trotwood Police Department has received this accreditation since 2003 Award of Excellence Gold Standard. V. VISITORS AND COMMUNICATION: Please fill out a speaker form and return it to the Clerk of Council BEFORE the start of the meeting. Come to the microphone, state your name and address before proceeding on any topic. You will have three (3) minutes for your comments. Cheryl Shumakerm 5351 Oaks Road, Ward 1 - reported Oaks Road is deteriorating bad. Her property is on a curve and the public cuts through in her property. City Manager and Quincy Pope Public Safety Director/Deputy City Manager said the city is aware of her concerns. We willl fixing the pot holes, trimming of honey suckle, and signage. Ralph Heist, 5293 Oakes Road, Ward 1 - when will this road be fixed its been six years. Dennis Banfill, 5445 Oakes Road patching the road does not help. Shirley Banfill, 5445 Oakes Road also agreed with her neighbors. Olivia Hester, 5818 Seven Gables Avenue - City manager contract, what are the written goals and objectives council has given him. Is this information available to the public - Law Director said yes, it's public record. What is the vision of City Council? City Manager & Deputy City Manager explained, we have a Strategic Plan Five Year plan for the city with updates given to city council on our progress. We are following this document as city council has instructed the administration to do. Bradley Baskin, 716 Ellsworth Drive - we are lucky to have City Manager Lucking; he does not have total control over the national & regional economic changes this community has had. Robert Kelley, Jr., 720 Broad Oak Drive - he's concerned about the city manager contract too and the direction the city is going under his leadership. City tax base is too high. Sarah Pritchett, 520 Vaniman Avenue - concerned about the lack of retail stores. What are we planning to do with all the empty stores. Wanda Page, 601 Chandler - we need businesses in our city. Gloria Cooper, 420 Rendale - we need another grocery store. What can the citizens do to help. Councilman Kettelle said the city is looking into establishing a food co-op in Trotwood in the near future. Dawn Wojaik, 147 E. Sunrise Avenue - lived here 24 years and inspite of the the recession. She does not see Trotwood headed on the downturn. All citizens shoulder the responsibility to make our city viable. State government has purposely cut funding to cities, talk to your legislators about the issues we face. Martha Clark, 4439 Filburn Lane - updated to the Discover Trotwood Shop Locally on facebook initiative, please view the web site support the local business and restaurants. Janice Chinn 72 Friendship Circle - representing Progressive Citizens of Trotwood. The citizens have been very patient under the same leadership with city manager and city council that does not benefit real progression for our city in her opinion. City of Trotwood Page 3 City Council Meeting Minutes May 4, 2015 VI. 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. Vaughn. Roll call resulted in the following vote: Aye: 7- Mayor Cameron, Vice Mayor Staggs, Councilmember Gales, Councilmember Hankins, Councilmember Kettelle, Councilmember Vaughn and Councilmember McDonald A. 15-43 Meeting Minutes from Council Meeting held on Monday, April 6, 2015. Attachments: April 6, 2015 Regular Mtg. Minutes.pdf B. 15-44 Meeting Minutes from Special Meeting/Executive Session held on Monday, April 20, 2015. Attachments: Minutes 4-20-15 C. R15-30 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH P&R COMMUNICATIONA/MOTORALA SOLUTIONS TO PURCHASE SEVEN (7) REPLACEMENT PORTABLE RADIOS FOR THE TROTWOOD FIRE & RESCUE DEPARTMENT AT STATE CONTRACT PRICING BY UTILIZING CAPITAL IMPROVEMENT FUNDS IN THE AMOUNT OF $25,911.20. Attachments: 2015RadioUpgradeDoc.pdf D. R15-31 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH LEBANON FORD DEALERSHIP, LEBANON, OHIO FOR THE PURCHASE OF TWO (2) ALL WHEEL DRIVE 2015/2016 FORD INTERCEPTOR UTILITY VEHICLES AT STATE CONTRACT PRICING WHICH SHALL NOT EXCEED A TOTAL AMOUNT OF $74,000.00. Attachments: R15-31 for purchase of two 2015-2016 Ford SUVs for Fire Rescue (00750034@xA06A8)_5-4-15.pdf City of Trotwood Page 4 City Council Meeting Minutes May 4, 2015 E. R15-32 A RESOLUTION AUTHORIZING THE CITY MANAGER TO DECLARE CERTAIN OBSOLUTE AND/OR SURPLUS FIRE & RESCUE DEPARTMENT EQUIPMENT AS NO LONGER NEEDED FOR A PUBLIC PURPOSE AND AUTHORIZING SAID PROPERTY FROM THE TROTWOOD FIRE & RESCUE DEPARTMENT TO BE SOLD ON PROPERTYROOM.COM AND/OR GOVDEALS.COM OR DISPOSED OF IF THE PROPERTY HAS NO SALVAGE VALUE. Attachments: R15-32 Resolution re surplus or obsolete equipment being sold or trashed (00749921@xA06A8)_5-4-15.pdf 2015surpluslist.pdf F. R15-38 A RESOLUTION AUTHORIZING THE CITY MANAGER TO DECLARE CERTAIN OBSOLUTE AND/OR SURPLUS FIRE & RESCUE DEPARTMENT EQUIPMENT AS NO LONGER NEEDED FOR A PUBLIC PURPOSE AND AUTHORIZING SAID PROPERTY FROM THE TROTWOOD FIRE & RESCUE DEPARMENT TO BE DONATED TO THE SINCLAIR COMMUNITY COLLEGE AND/OR THE MIAMI VALLY CAREER TECHNOLOGY CENTER FIREFIRGHTER TRAINING PROGRAMS. Attachments: R15-38 Resolution declaring fire equipment surplus or obsolete (00749762@xA06A8)_5-4-15.pdf 2015turnoutdonation.pdf G. R15-34 A RESOLUTION BY THE TROTWOOD CITY COUNCIL APPROVING THE APPLICATION FOR THE PLACEMENT OF 43.18 ACRES OF LAND OWNED BY JOSEPH AND MARYLOUISE BRAUN, TRUSTEES, IN THE AGRICULTURAL TAX DISTRICT, SAID PROPERTY ADDRESS BEING 5155 OAKES ROAD, CLAYTON, OHIO 45315 (PARCEL NO. H33-02104-0005) IN ACCORDANCE WITH O.R.C. CHAPTER 929, THE FARMLAND PRESERVATION ACT. Attachments: Res. No. R15-34, 5155 Oakes Road Application, 5155 Oakes Road H. R15-35 A RESOLUTION BY THE TROTWOOD CITY COUNCIL APPROVING THE APPLICATION FOR THE PLACEMENT OF 106.048 ACRES OF LAND OWNED BY GLK LIMITED PARTNERSHIP, IN THE AGRICULTURAL TAX DISTRICT, SAID PROPERTY ADDRESS BEING 9733 W. THIRD STREET, DAYTON, OHIO 45417 (PARCEL NO. H334-02307-0008) IN ACCORDANCE WITH O.R.C. CHAPTER 929, THE FARMLAND PRESERVATION ACT. Attachments: Res. No. R15-35, 9733 W. Third Street Application, 9733 W. Third Street City of Trotwood Page 5 City Council Meeting Minutes May 4, 2015 I. R15-36 A RESOLUTION BY THE TROTWOOD CITY COUNCIL APPROVING THE APPLICATION FOR THE PLACEMENT OF 50.609 ACRES OF LAND OWNED BY MARK & SHARILYN MILLER, IN THE AGRICULTURAL TAX DISTRICT, SAID PROPERTY ADDRESS BEING 325 N. SNYDER, DAYTON, OHIO 45417 (PARCEL NO. H33-02308-0007) IN ACCORDANCE WITH O.R.C. CHAPTER 929, THE FARMLAND PRESERVATION ACT. Attachments: Res. No. R15-36, 325 N.Snyder Road Application, 325 N. Snyder Road J. R15-39 A RESOLUTION BY THE TROTWOOD CITY COUNCIL APPROVING THE APPLICATION FOR THE PLACEMENT OF 40.98 ACRES OF LAND OWNED BY DANNY R. AND RUTH JORDAN, IN THE AGRICULTURAL TAX DISTRICT, SAID PROPERTY ADDRESS BEING 5500 SEYBOLD ROAD, BROOKVILLE, OHIO 45309 (PARCEL NO. H33-02105-0009) IN ACCORDANCE WITH O.R.C. CHAPTER 929, THE FARMLAND PRESERVATION ACT. Attachments: Res. No. R15-39, 5500 Seybold Road Application, 5500 Seybold Road K. 15-45 A MOTION TO SCHEDULE A PUBLIC HEARING AND FOR THE LAW DIRECTOR TO DRAFT LEGISLATION FOR AN ORDINANCE FOR THE ANNUAL RE-APPROPRIATION FOR THE CITY OF TROTWOOD, STATE OF OHIO AND AUTHORIZING THE ADJUSTMENT OF VARIOUS EXPENDITURES FOR THE CITY OF TROTWOOD, STATE OF OHIO FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2015 THROUGH DECEMBER 31,2015. VII. Resolutions City of Trotwood Page 6 City Council Meeting Minutes May 4, 2015 A. R15-33 A RESOLUTION AUTHORIZING THE TEMPORARY WAIVER OF PAVILION RENTAL FEES AND PERMIT FEES AS WELL AS THE TEMPORARY SUSPENSION OF T.C.O. §951.02(i) FOR THE COMMUNITY EVENT KNOWN AS THE FUNK MUSEUM COMMUNITY FAMILY FUN DAY EVENT TO BE HELD AT MADISON PARK IN THE CITY OF TROTWOOD, OHIO, ON SATURDAY, JUNE 6, 2015. Attachments: Resolution R15-33_ Funk museum 5-4-15_(00750090-2@xA06A8).pdf FUNK letter R15-33.pdf Festival Fees 2015.pdf The Clerk read the caption. City Manager stated this request is for a temporary waiver of the Pavilion rental permit fees totaling $700.00 for their event scheduled on Saturday June 6, 2015 at Madison Park. This is a charitable 5013c organization and is community served based. This organization mission is to promote music education for school children grades K-12 and is currently based in Trotwood. Mayor Cameron requested a motion for the approval of R15-31. A motion was made by Mr. Hankins and seconded by Vice Mayor Staggs. Roll call resulted in the following vote: 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 4, 2015 B. R15-29 A RESOLUTION BY THE TROTWOOD CITY COUNCIL EXTENDING THE APPOINTMENT OF MICHAEL J. LUCKING AS CITY MANAGER FOR A TWO YEAR TERM WITH AN OPTIONAL THIRD YEAR EXTENSION. The Clerk read the caption. Law Director said, this legislation includes the same salary and benefits as his previous agreement. If the manager decides to retire under the Public Employee Retirement System PERS there is a provision to do so, it's a separate process that will take place at a later date. Mrs. Gales - she felt there was a rush to put his contract on the agenda tonight and council did not consider other options since his current contract ends in July. Mrs. McDonald - it was her understanding at the March 16, 2015 City Council Executive Session that a violation of the Sunshine Law was done by taking a vote about his contract as she believed it was just a draft. She wants council to have this discussion out in a public forum instead of an executive session. Law Director disagrees, he explained according to Ohio law there are provisions in executive sessions where you are allowed to discuss the employment of employees and officials contracts. Mr. Kettelle, Mr. Hankins, Mr. Vaughn, Vice Mayor Staggs, Mayor Cameron all agree, council did not take a binding vote in the executive sessions. Law Director was instructed by council, at the second executive session, to prepare the perimeter of what is acceptable in his contract. He did so and sent the draft contract out a month ago for council to review. Mayor Cameron - council only discussed the time frame perimeter of his contract. Mr. Hankins - the contract is not legal until the final legislation is brought before council tonight. Mrs. Gales said she it's time for the city to go into a new direction. A motion was made by Mrs. McDonald to remove Resolution R15-29 from the agenda until the law director can give his opinion about the vote that was taken in the executive sessions; or can she would like to have an independent investigation by the prosecutors office as to what happened. The motion was seconded by Mrs. Gales. Discussion/Question on the motion - Mr. Vaughn recalled, there was only discussion in the first executive session. The Law Director was present at the second meeting; therefore, did council violate the Sunshine Law at the first or second meeting and would it change the vote for tonight? Law Director said in his opinion, council did not do anything illegal in the executive session's according to the law. Mr. Hankins called for the motion. Discussion/Question on motion: Mr. Kettelle - if we delay the motion what does this do to the timing of retire/rehire date? Law Director it would be highly unlikely since the contract has been on the table for more than a month and will end in July 2015. Mrs. McDonald - the people need to hear about city managers accomplishments during his 12 year tenure on council. No further discussion on the motion. Mayor Cameron said a motion is now on the floor for a vote. Roll call resulted in the following vote to remove Resolution R15-29 from the agenda: Voting No - Mr. Kettelle, Mr. Hankins, Mr. Vaughn, Vice Mayor Staggs, Mayor Cameron. Voting Yes - Mrs. McDonald and Mrs. Gales. The motion failed by a vote of 5 no and 2 yes. Mr. Hankins made a motion to untable the motion for Resolution R15-29 followed by an open discussion with council. The motion was seconded by Mr. Vaughn. No further discussion. Roll Call resulted in the following vote: Voting yes - Mr. Kettelle, Mr. Hankins, Mr. Vaughn, Vice Mayor Staggs and Mayor Cameron. Voting No - Mrs. McDonald, Mrs. Gales. The motion passes by a vote of 5 yes and 2 no. City of Trotwood Page 8 City Council Meeting Minutes May 4, 2015 Mayor Cameron requested a main motion for the Resolution R15-29. A motion was made by Mr. Kettele and seconded by Mr. Hankins to approve and adopt extending the appointment of Michael J. Lucking as City Manager for a two year term with an optional third year extension as presented on Resolution R15-29. Discussion/Question on the motion: Mrs. Gales, can we hold an Executive Session now? Law Director stated, no there is a motion on the floor and council would have to schedule at another meeting to hold an executive session. Mrs. Gales felt we're rushing into a contract and other options were never offered. Mrs. McDonald - would like to request a independent investigation by a county prosecutor regarding the city manager contract. Law Director will prepare an legal opinion for council about the executive session inquiry. Mrs. McDonald can contact the county prosecutor if she desires. Mr. Vaughn - his vote tonight has to be in the best interest of this city. Mr. Hankins - we have been able to move our city forward even through tough economics times have been before us in our region and state. Every business did not leave this city because of the City Manager Lucking, it's because of the economic conditions this city has faced over the years. Mr. Kettelle agreed, we've made efforts to change our focus in our neighborhoods and in our retail corridors, it does take time. No further discussion. Roll Call resulted in the following vote: Aye: 5- Mayor Cameron, Vice Mayor Staggs, Councilmember Hankins, Councilmember Kettelle and Councilmember Vaughn Nay: 2- Councilmember Gales and Councilmember McDonald a. Mayor: To schedule an appointment with the Mayor, contact Sandy Riege, Clerk of Council at 937/854-7212. Next City Council meeting schedule - Workshop, Monday, May 18 and Regular meeting Monday, June 1, 2015 both at 6:30 p.m. b. City Manager: 1). Reminder to visit the Trotwood website at www.trotwood.org for updated information and events in our City. 2). Hamvention will be at Hara Arena on Friday, May 15, Saturday 16 and Sunday, May 17; the public is invited. City Manager Michael J. Lucking thanked city council for the approval of his contract extension tonight. He has the full confidence of our staff and their willingness to face our financial challenges. He's proud to serve Trotwood as the City Manager. c. Council Members Vice Mayor Staggs - Mayor Cameron, Mr. Kettelle and her attended the VFW Post 4270 induction ceremony of their officers and presented to city council a plaque expressing their thanks. Mrs. McDonald - she attended a meeting about an upcoming state bill legislation for a vicious dog ordinance. More information can be obtained at Senator Beagle's web site. d. Staff Reports VIII. Motion to Adjourn City of Trotwood Page 9