City Council

City of Trotwood 3035 Olive Road Trotwood, Ohio 45426 937-837-7771 www.trotwood.org Meeting Minutes - Final Monday, October 5, 2015 6:30 PM Regular Mtg. 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 - Final October 5, 2015 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: 8 - Joyce Sutton Cameron, Councilmember Barbara Staggs , Vice Mayor Barbara Staggs , Vice Mayor Bettye L. Gales, Councilmember Rap Hankins, Councilmember Bruce Kettelle, Councilmember Charles Ron Vaughn and Councilmember Mary A. McDonald Staff members present: Quincy E. Pope Sr., Interim City Manager/Public Safety Director, Law Director Steve McHugh, Fire Chief Steve Milliken, Finance Director Chris Peeples, Income Tax Administrator Donna Sue Bowman, Assistant to the Interim City Manager Brenda Blauser, Public Works Operations Manager Eric Baxter, and Clerk of Council Sandra L. Riege. Visitors present; Boyd & Jeri Hastings, Willie Lewis, Waldo Littlejohn, Lyndel Lawson, Dee Wilcox,Brent Ball, Mattie Clay, Dave Norvell, Julia Littlejohn, James Williams, Bob Critell, John Fecke, Ralph Iman, Jesse Smith, Cozy Smith, Luellen Wilson, Martha Clark, Janet Foote, Gayle Horton, Willie Lewis, Dwayne Plessinger, Robert kelley, Hazel Kelley, Sharon Smith, Carrie Thomas, Lee Howard, Linda Weaver, Jay Young, Janice Chinn and Kaun Davis. IV. Motion to Approve the Agenda Mayor Cameron requested a motion to approve the consent agenda. A motion was made by Mr. Kettelle and seconded by Mr. Hankins to approve. Roll Call resulted in the following vote: Aye: 8- Cameron, Councilmember Staggs, Vice Mayor Staggs, Vice Mayor Gales, Councilmember Hankins, Councilmember Kettelle, Councilmember Vaughn and Councilmember McDonald City of Trotwood Page 1 City Council Meeting Minutes - Final October 5, 2015 V. VISITORS AND COMMUNICATIONS: For citizens' comments, please fill out a Speaker Form and return it to the Clerk of Council BEFORE the start of the meeting. Proceed to the microphone, state your name and address then proceed. You will have three (3) minutes to speak. Citizen comments on the 'Public Hearing' portion of the meeting will be accepted at the appropriate time during the meeting. Council Rules for attending a Public Meeting will be followed according to the ORC Section 2917.12 Disturbing a Lawful Meeting and/or ORC Section 2917.11 Disorderly Conduct. Mr. Boyd Hastings, 5226 Seybold Road - The condition of the road where he lives was deteriorating. Last week some paving was done and thank you Eric Baxter and city staff for the new leadership now in place. Mr. Willie Lewis, 2729 Argella - Property he's trying to obtain at 2429 Timbercreek. His money has not been transferred from Montgomery County Board of Revisions to the City of Trotwood as of this date, can we assist? Jeannie Peyton said she'll be in touch with Norm Essman to expedite the tax foreclosure and be in touch with Mr. Lewis. Mr. Littlejohn, 729 Chandler Drive - Speed enforcement signs are not being followed on his street, can we take them down? He also noticed accessive speeders on this street that needs to be addressed. Needs more information about the levies on tonight's meeting. Mr. Lyndell Lawson - we need to bring back the youth here in Ohio and we need to create more jobs. VI. Special Presentations and Recognitions A. PR051-15 Look Who’s Recycling Program presented by Brent Ball, Municipal Representative from Rumpke. Attachments: Look Who's Recycling Presentation Interim City Manager Pope introduced Brent Ball, municipal representative from Rumpke to encourage and increase participation in the city's recycling program. Over 100 resident's have signed up. Tonight they want to acknowledge and present a $100.00 gift certificate and gift packet to Mrs. Darlene kKngery of 4781 Wolf Creek Pike for winning the quarterly program. Mrs. Kingery said her family does a lot of recycling and really appreciates the big recycable tote. B. PR052-15 Update Regarding the Trotwood Municipal Pool, presented by Gayle Horton of the Trotwood YMCA. Ms. Gayle Horton representing the YMCA has secured a $40,000.00 donation for the day to day operation of the UTS swimming pool for the year 2016. This generous donor wants to remain anonymous and wanted to thank the city officials for the 10 years of partnership with the UTS and YMCA to give the children of our community the right to enjoy water at this wonderful facility. VII. Motion to Approve the Consent Agenda Mayor Cameron requested a motion to approve the consent agenda. A motion was made by Mrs. Gales and seconded by Vice Mayor Staggs to approve the consent agenda. Roll Call resulted in the following vote: City of Trotwood Page 2 City Council Meeting Minutes - Final October 5, 2015 Aye: 8- Cameron, Councilmember Staggs, Vice Mayor Staggs, Vice Mayor Gales, Councilmember Hankins, Councilmember Kettelle, Councilmember Vaughn and Councilmember McDonald A. 15-80 City Council Workshop Meeting Minutes from Monday, September 21, 2015 Attachments: Workshop Mts. Minutes 9-21-15.pdf This Staff Report was read and filed B. 15-76 A motion for the Law Director to draft an Ordinance amending Chapter 183 of the City of Trotwood Codified Ordinances-Current Municipal Income Tax Regulations, and to schedule a public hearing. Attachments: ENACTING A NEW MUNICIPAL TAX ORDINANCE Presentation for legislative authority July 2015 This Staff Report was read and filed C. 15-77 A motion authorizing the Law Director to draft an Ordinance to adopt the New Municipal Income Tax Regulations for 2016 and beyond, and to schedule a public hearing. This Staff Report was read and filed D. R15-72 A Resolution by Trotwood City Council authorizing the Interim City Manager to declare certain obsolete and/or surplus Fire & Rescue Department equipment and vehicles as no longer needed for public purpose, and authorizing said property from Trotwood Fire & Rescue to be sold on Govdeals.com, Propertyroom.com, to be donated, or to be disposed of if the equipment/vehicle has no salvage value. Attachments: Res No R15-72, Surplus Fire-EMS Equipment Fire Surplus Items R15-72.pdf E. R15-77 A resolution by Trotwood City Council supporting modernization of the Ohio Farm Property Tax formula to save Ohio farms from excessive taxation to assure their financial viability and permit Ohio agriculture to flourish in both rural and urbanized counties. Attachments: Res No R15-77, CAUV CAUV of Land Tables City of Trotwood Page 3 City Council Meeting Minutes - Final October 5, 2015 VIII. Ordinances/Public Hearing - Motion to Open the Public Hearing. At this time the Mayor will acknowledge any visitors who have completed the Speaker From who wish to comment on the Public Hearing. Please approach the microphone, state your name and address before proceeding with your comments. You will have three (3) minutes to speak. Mayor Cameron requested a motion to to Open the Public Hearing. A motion wqas made by Mr. Kettelle and seconded by Mrs. McDonald. Roll call resulted in the following vote: Aye: 8- Cameron, Councilmember Staggs, Vice Mayor Staggs, Vice Mayor Gales, Councilmember Hankins, Councilmember Kettelle, Councilmember Vaughn and Councilmember McDonald A. OR16-15 An Ordinance by the Council of the City of Trotwood, Ohio, amending the official zoning map of the City of Trotwood, for the property located at 2383 N. Union Road at the site known as VFW Post 4270, Parcel ID Nos. H33-02209-0019, H33-02209-0034, and H33-02209-0068 on 0.775 acres from “RSF-M” Residential Single Family Medium Density zoning district to the “G-B” General Business zoning district. Attachments: ORDINANCE OR16-15 VFW POST 4270 2383 N. UNION ROAD.pdf 4_PC 15-05_2383 N Union_Staff Report for Council - VFW 6_PC 15-05_2383 N Union_Presentation for Council Public Hearing Notice, OR16-15, Zoning Map The Clerk read the caption. Ms. Jeannie Peyton Planning and Zoning Administrator explained this rezoning for a 3/4 acre parcel (formerly known as the Madison Township Service Garage) located at 2383 N. Union Road is now the home of the VFW Post 4270. This amendment is to change the zoning district from RSF- Residential Single Family to G-B General Business zoning district. Planning Commission heard the request and approved the zoning change to make sure the site will not be used for residential use due to a deed restriction. Mayor Cameron requested a motion for OR16-15. A motion was made by Mr. Kettelle and seconded by Mr. Vaughn to approve Ordinance OR16-15 as submitted. Roll Call resulted in the following vote: Aye: 8- Cameron, Councilmember Staggs, Vice Mayor Staggs, Vice Mayor Gales, Councilmember Hankins, Councilmember Kettelle, Councilmember Vaughn and Councilmember McDonald IX. Motion to Close the Public Hearing Msayor Cameron requesated a motion to close the Public Hearing. A motion was made by Vice Mayor Staggs and seconded by Mr. Hankins. Roll Call resulted in the following vote: Aye: 8- Cameron, Councilmember Staggs, Vice Mayor Staggs, Vice Mayor Gales, Councilmember Hankins, Councilmember Kettelle, Councilmember Vaughn and Councilmember McDonald City of Trotwood Page 4 City Council Meeting Minutes - Final October 5, 2015 X. Resolutions A. R15-74 A resolution by the Council of the City of Trotwood, Ohio, accepting the amounts and rates as determined by the Budget Commission, and authorizing the necessary tax levies and certifying them to the Montgomery County Auditor. Attachments: AMOUNTS AND RATES The Clerk read the caption. Mr. Pope explained this resolution is for council accept the amounts and rates for our upcoming general fund levy tax rate as approved by the budget commission for the inside and outside millage for the 2015 tax roll based on the ten mill tax limitation limit to certify to the county auditor. Mayor Cameron requested a motion for Resolution R15-74. A motion was made by Mr. Hankins and seconded by Mrs. Gales to approve. Roll call resulted in the following vote: Aye: 8- Cameron, Councilmember Staggs, Vice Mayor Staggs, Vice Mayor Gales, Councilmember Hankins, Councilmember Kettelle, Councilmember Vaughn and Councilmember McDonald B. R15-75 A resolution determining the necessity of levying a renewal tax in excess of the ten-mill limitation for the purpose of paying the current expenses of the City of Trotwood as provided for under Subsection 5705.19(A) of the Ohio Revised Code which levy shall be 5.75 mills which is a renewal of an existing levy of 5.75 mills, to run for five (5) years, pursuant to Section 5705.19 and Subsection 5705.19(A) of the Ohio Revised Code, and requesting the County Auditor to certify matters in connection therewith. Attachments: Res No R15-75, Certify Operating Levy 20161general levy.pdf The Clerk read the caption. Mr. Pope explained this resolution is for a renewal of an existing levy of 5.75 mills to run for five (5) years to certify to the county auditor. This general operating levy expires in 2016 for the City of Trotwood. No new taxes to the residents. Renewal levy would generate roughly $1,322,500.00 a year for the day-to-day operations of the city. Mayor Cameron requested a motion for R15-74. A motion was made by Mr. Hankins and seconded by Mrs. Gales to approve R15-74. Roll call resulted in the following vote: Aye: 8- Cameron, Councilmember Staggs, Vice Mayor Staggs, Vice Mayor Gales, Councilmember Hankins, Councilmember Kettelle, Councilmember Vaughn and Councilmember McDonald City of Trotwood Page 5 City Council Meeting Minutes - Final October 5, 2015 C. R15-78 A resolution determining the necessity of levying a new tax in excess of the ten-mill limitation for the purpose of paying the current expenses of the City of Trotwood as provided for under Subsection 5705.19(A) of the Ohio Revised Code, which levy shall be 2.25 mills, to run for five (5) years, pursuant to Section 5705.19 and Subsection 5705.19(A) of the Ohio Revised Code, and requesting the County Auditor to certify matters in connection therewith. Attachments: Res No R15-78, Certify New Operating Levy 2.25 Councilman Kettelle has requested a motion for the next three resoutions R15-78, R15-79, R15-80 to be removed from the agenda since they are all tax increases to the residents. Motion was seconded by Vice Mayor Staggs. Roll Call resulted in the following vote: Aye: 8- Cameron, Councilmember Staggs, Vice Mayor Staggs, Vice Mayor Gales, Councilmember Hankins, Councilmember Kettelle, Councilmember Vaughn and Councilmember McDonald D. R15-79 A resolution determining the necessity of levying a new tax in excess of the ten-mill limitation for the purpose of paying the current expenses of the City of Trotwood as provided for under Subsection 5705.19(A) of the Ohio Revised Code, which levy shall be 4.25 mills to run for five (5) years, pursuant to Section 5705.19 and Subsection 5705.19(A) of the Ohio Revised Code, and requesting the County Auditor to certify matters in connection therewith. Attachments: Res No R15-79, Certify New Levy 4.25 Resolution was removed from the agenda. Refer to motion made on R15-78. E. R15-80 A resolution determining the necessity of levying a new tax in excess of the ten-mill limitation for the purpose of paying the current expenses of the City of Trotwood as provided for under Subsection 5705.19(A) of the Ohio Revised Code, which levy shall be 6.25 mills to run for five (5) years pursuant to Section 5705.19 and Subsection 5705.19(A) of the Ohio Revised Code, and requesting the County Auditor to certify matters in connection therewith. Attachments: Res No R15-80, Certify New Levy 6.25 Resolution was removed from the agenda. Resolution was removed from the agenda. Refer to motion made on R15-78. City of Trotwood Page 6 City Council Meeting Minutes - Final October 5, 2015 F. R15-76 A resolution authorizing the Interim City Manager to enter into an agreement to submit a joint application with the City of Clayton for MVRPC funding to pave Westbrook Road. Attachments: Res No R15-76, MVRPC Application-Pave Westbrook Road The Clerk read the caption. Mr. Pope explained this agreement is between the cities of Trotwood and Clayton for the MVRPC to apply for a grant for$400,000.00 in funding to repave three miles of Westbrook Road, Union Road and Diamond Mill Road. This cooperative agreement is part of our Strategic Plan as a cost savings measure for the construction to occur in the 2017 budget cycle. City of Trotwood will share 50/50 in the cost - $60,000.00 from Trotwood Permissve Use Tax fund and $60,000.00 from the City of Clayton. Mr. Kettelle asked if we can make improvements to the Hoke Road & Westbrook Road intersection. Interim City Manager will discuss this issue with Clayton. Mayor Cameron requested a motion for R15-76. A motion was made by Mr. Hankins and seconded by Mrs. Gales to approve R15-76. Roll Call resulted in he following vote: Aye: 8- Cameron, Councilmember Staggs, Vice Mayor Staggs, Vice Mayor Gales, Councilmember Hankins, Councilmember Kettelle, Councilmember Vaughn and Councilmember McDonald G. R15-81 A resolution by the Trotwood City Council urging Governor Kasich to accept the federal waiver of time limits on food aid for as many counties and cities in Ohio as possible. Attachments: Res No R15-81, Food Aid-Federal Waivers Food Stamps Sample Resolution Councilman Kevin Kelley Letter The Clerk read the caption. Mr. Pope said the city would like to urge the Governor Kaisch to extend the Food Aid Act waivers to areas to as many counties and cities in Ohio. Sixteen cities has been eligible for years have never received waivers. Seventeen counties (all rural) were allowed the waivers. Cities of Dayton and Trotwood have been left out. Under the Federal Supplemental Nutrition Aid Program states can receive waivers for food stamps. This program does not cost the state one dime. Ohioans qualified for state-wide waiver of food aid for the past two years have been rejected in most of the Ohio counties. A letter from the city along with this will be sent to Governor John Kasich for his consideration. Mayor Cameron requested a motion for R15-81. A motion was made by Mr. Hankins and seconded by Vice Mayor Staggs to approve R15-81. Roll call resulted in the following vote: Aye: 8- Cameron, Councilmember Staggs, Vice Mayor Staggs, Vice Mayor Gales, Councilmember Hankins, Councilmember Kettelle, Councilmember Vaughn and Councilmember McDonald XI. Old & New Business City of Trotwood Page 7 City Council Meeting Minutes - Final October 5, 2015 a. Mayor: To schedule an appointment with the Mayor, contact Sandy Riege, Clerk of Council at 937/854-7212 between the hours of 8 am - 5 p.m. b. Interim City Manager: Reminder to visit the City of Trotwood website at www.trotwood.org for updated information and events in our city. Go to "Notify Me" icon to sign up to receive information by utilitizing your email address or mobile phone. c. Council Members Mr. Hankins - thank you city council for the proclamation presented to the family of former Councilmember Paul Boykin that passed away last week. Mr. Kettelle - thank you city council for the passage of the CAUV tax formula. it will be distributed to other jurisdictions. Mrs. McDonald - thank you City Manager for the paving work done in the rural areas. Mr. Vaughn - reported the Miami Valley Soil District is present to discuss the role of their office. d. Staff Reports A. 15-82 National League of Cities 2015 Congress of Cities Business Meeting City Voting Delegate’s Representing the City of Trotwood. Attachments: NLC VOTING DELEGATE NASHVILLE CONF. 2015 .pdf Clerk Riege said city council members attending the NLC conference on November 4-7, 2015 needs representation from the city of Trotwood to assign one (1) delegate and two (2) alternates to vote at their Annual Business Meeting scheduled on November 7, from 2:30 - 4:30 pm. Mayor Cameron asked for volunteers - first voting delegate is Mr. Rap Hankins, two alternate voting delegates are Vice-Mayor Barbara Staggs and Councilwoman Mary A. Mcdonald. A motion was made by Mr. Kettelle and seconded by Mr. Vaughn to approve the voting delegates as listed above. Roll Call resulted in the following vote: B. 15-79 Application of NEW Liquor License for 4801 Salem Avenue, KALM Inc., DBA Dayton Center Courts 4801 Salem Avenue, Trotwood, Ohio 45416. Motion is requested to accept without comment. Attachments: Notice to Legislative Authority.pdf 4303.17.pdf LIQUOR PERMIT CLASSIFICATIONS.pdf Police Captain John Porter stated KALM, Inc. DBA Dayton Center Courts located at 4801 Salem Avenue has applied for a D4 liquor license permit for members only at his facility on his premises only until 1:00 a.m. in a small lounge area. Mayor Cameron requested a motion to accept without comment. A motion was made by Vice Mayor Staggs and seconded by Mr. Hankins. Roll Call resulted in the following vote: Aye: 8- Cameron, Councilmember Staggs, Vice Mayor Staggs, Vice Mayor Gales, Councilmember Hankins, Councilmember Kettelle, Councilmember Vaughn and Councilmember McDonald City of Trotwood Page 8 City Council Meeting Minutes - Final October 5, 2015 C. 15-81 Opposing Issue 3-Legalizing Marijuana. Attachments: drugfacts_marijuana_9_2015.pdf Police Captain John Porter reported on the upcoming State of Ohio ballot Issue 3 - Legalizing Marijuana. The Ohio Association of Chiefs of Police and the Trotwood Police Department are in agreement in opposition for the legalization of marijuana for numerous reasons included in the staff report as submitted. This law is passed will be a detriment to Ohio's communities directly impacting children and adults. XII. Motion to Adjourn Mayor Cameron requested a motion to adjourn the meeting at 7:47 p.m. A motion was made by Mrs. Gales and seconded by Mr. Hankins. Roll calll requested in the following vote: Aye: 8- Cameron, Councilmember Staggs, Vice Mayor Staggs, Vice Mayor Gales, Councilmember Hankins, Councilmember Kettelle, Councilmember Vaughn and Councilmember McDonald City of Trotwood Page 9