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City Council

Regular Meeting

Trotwood, OH · November 2, 2015

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City of Trotwood 3035 Olive Road Trotwood, Ohio 45426 937-837-7771 www.trotwood.org Meeting Minutes - Final Monday, November 2, 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 - Final November 2, 2015 I. Call to Order - Mayor Joyce S. Cameron 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, Fire Cheif Steve Milliken, Law Director Stephen McHugh, Assistant to City Manager Brenda Blauser, Human Resource Manager Stephanie Kellum, Finance Director Chris Peeples, Income Tax Administrator Donna Sue Bowman, Police Captain John Porter and Clerk of Council Sandy Riege. Visitors Present: Teresa Carter, Tyler Johnson, Robert Critell, Taylor Kidd, Barbara Higgins, Mattie Clay, Joseph McCrary, Camrin Wilson, Ms. Hudson, Jamie Carmin, Cameron Monie, Lamon Houston, Frank Janks, Traci Griffin, Martha Clark, Monica Hanson, Ralph Iman, Roberta Howard, Dawn Wojuk, Sr. Jeannette Buchler, Sr. Mary Ellen Lampe, Beverly Tomlinson, Torriona Robertson, Marc Pinjard, Ashlynn Askew, Sarah Prichett, John Fecke, Valerie P., Geo Lee, Steve C, Sandra Johnson, Franheska Sherman, Janet Foote, Helen Sarsgard, Janice Chinn, Elaine Scott, David Young,Sherlonda Kirby, Jay Young, and Martha Erwin. IV. Motion to Approve the Agenda Mayor Cameron requested a motion to approve the meeting agenda. A motion was made by Mrs. Gales 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 November 2, 2015 V. VISITORS AND COMMUNICATIONS: To comment on any topic NOT on the agenda, 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, proceed with your comments. You will have three (3) minutes to speak. Citizens comments on the 'Public Hearing' portion of the meeting will be accepted at the appropriate time during the meeting. Commander Robert Critell from the VFW post 4270, 2383 N. Union Road said their post will have an open house for Veteran Day and the community is welcome. Councilwoman Gales welcomed teacher Monica Houston from Trotwood Madison City School aznd her student government class to observe the council meeting tonight along with our guest signer for the deaf for one of the students in attendance. VI. Special Presentations and Recognitions Interim City Manager stated there are no presentations this evening. VII. Motion to Approve the Consent Agenda Mayor Cameron reaquested a motion to approve the consent agenda. A motion was made by Mrs. McDonald 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 A. 15-88 City Council Meeting Minutes from Tuesday, September 8, 2015 Attachments: MeetingAgenda08-Sep-2015 C.C. REGULAR MTG..pdf This Staff Report was read and filed B. 15-89 City Council Regular Meeting Minutes from Monday, October 5, 2015 Attachments: MeetingMinutes05-Oct-2015 REGULAR MEETING.pdf This Staff Report was read and filed C. 15-90 City Council Special & Workshop Meeting Minutes from Monday, October 19, 2015. Attachments: MeetingMinutes19-Oct-2015-Workshop & Special Mtg.pdf This Staff Report was read and filed City of Trotwood Page 2 City Council Meeting Minutes - Final November 2, 2015 D. 15-84 A MOTION TO SCHEDULE A PUBLIC HEARING FOR THE LAW DIRECTOR TO DRAFT AN AMENDMENT TO ORDINANCE 09-13 ESTABLISHING BENEFITS FOR CERTAIN NON-UNION EMPLOYEES OF THE CITY OF TROTWOOD, OHIO AND TO DECLARE AN EMERGENCY EFFECTIVE JANUARY 1, 2016. This Staff Report was read and filed E. 15-85 MOTION TO SCHEDULE A PUBLIC HEARING AND DRAFT AMENDMENT TO ORDINANCE NO. 18-14 CORRECTING WAGE SCALES OF CERTAIN NON-UNION EMPLOYEES OF THE CITY OF TROTWOOD, OH AND DECLARING AN EMERGENCY EFFECTIVE ON JANUARY 1, 2016. This Staff Report was read and filed F. 15-87 A MOTION TO SCHEDULE A PUBLIC HEARING AND AUTHORIZE THE LAW DIRECTOR TO DRAFT AN ORDINANCE AMENDING ORDINANCE OR15-15, THE ANNUAL REAPPROPRIATION FOR THE CITY OF TROTWOOD AND AUTHORIZING THE ADJUSTMENT OF VARIOUS EXPENDITURES OF THE CITY OF TROTWOOD, STATE OF OHIO, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2015 AND ENDING DECEMBER 31, 2015. This Staff Report was read and filed G. 15-91 A MOTION TO SCHEDULE A PUBLIC HEARING FOR THE LAW DIRECTOR TO DRAFT AN ORDINANCE TO FACILITATE COMPETITIVE RETAIL ELECTRIC SERVICE TO PROMOTE ELECTRICAL SAVINGS, LOWER COST ELECTRICITY SUPPLIES AND OTHER BENEFITS FOR CERTAIN ELECTRICITY CONSUMERS, AUTHORIZING ALL ACTIONS NECESSARY TO EFFECT AN ELECTRIC AGGREGATION PROGRAM PURSUANT TO SECTION 4928.20 OF THE OHIO REVISED CODE AND ARTICLE XVIII SECTION 4 OF THE OHIO CONSTITUTION; DIRECTING THE MONTGOMERY COUNTY BOARD OF ELECTIONS TO SUBMIT A BALLOT QUESTION TO THE ELECTORS; AND AUTHORIZING THE AGREEMENT WITH AN AGENT FOR SUCH PURPOSES AND DECLARING AN EMERGENCY. This Staff Report was read and filed VIII. Public Hearings/Ordinances Mayor Cameron requested a motion to enter into the public hearing. A motion was made by Mr. Kettelle and seconded by Mrs. Staggs to open the public hearing. Roll call resulted in the following vote: City of Trotwood Page 3 City Council Meeting Minutes - Final November 2, 2015 Aye: 8- Cameron, Councilmember Staggs, Vice Mayor Staggs, Vice Mayor Gales, Councilmember Hankins, Councilmember Kettelle, Councilmember Vaughn and Councilmember McDonald A. OR20-15 An Ordinance to Adopt the New Municipal Income Tax Regulations for 2016 and Beyond. Attachments: OR20-15_TW income tax enacting ordinance_11-2-15 reg. C.C. mtg_ (00779948@xA06A8).pdf OR20-15 NEW CHAPTER 184_TROTWOOD TAX ORDINANCE (00778192@xA06A8).pdf PUBLIC HEARING NOTICE NEW ADOPT NEW MUNICIPAL TAX REGULATIONS FOR 2016_FUTURE_11-2-15.pdf The Clerk read the caption. Interim City Manager said this is a State of Ohio reform requirement after reviewing sub House Bill 5. Income Tax Administrator Donna Sue Bowman reported this is a revised from the Chapter 718 of the Ohio Revised Code. Every city in Ohio has to adopt these rules to keep us into compliance. The changes are required by law, such as; resident's withholding tax, due dates for withholding tax for businesses, resident's estimated payment, net losses, penalties and interest. Current ORC Chapter 183 income taxes paid in year's prior to 2015 will still be in effect. New ORC Chapter 184 is the new code for taxes paid after 2016. Both will remain in effect for an extended period of time. Mayor Cameron requested a motion for Ordinance OR20-15 and to close the public hearing. A motion was made by Mr. Kettelle and seconded by Vice Mayor Staggs to approve OR20-15. 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. Resolutions City of Trotwood Page 4 City Council Meeting Minutes - Final November 2, 2015 A. R15-84 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, OHIO AS PROVIDED FOR UNDER SUBSECTION 5705.19 (A) OF THE OHIO REVISED CODE, WHICH LEVY SHALL BE 5.75 MILLS TO RUN FOR FIVE (5) YEAR PURSUANT TO SECTION 5705.19 AND SUBSECTION 5705.19 (A) OF THE OHIO REVISED CODE AND REQUESTING THE BOARD OF ELECTIONS TO PLACE THIS RENEWAL TAX LEVY ON THE MARCH 8, 2016 PRIMARY BALLOT A 5.75 MILL RENEWAL TAX LEVY ON THE PRIMARY BALLOT. Attachments: R15-84_Res 5.75 renewal general purpose to BOE (00779964@xA06A8).pdf Trotwood Operating 5 75 Mill Renewal.pdf R15-84 general renewal levy primary election 2016 presentation.pdf The Clerk read the caption. Interim City Manager Pope said this resolution will expire December 31, 2015 and will allow the city to submit to the Board of Elections a General Fund Levy to be placed on the primary election ballot scheduled for March 15, 2016 for the day to day operations of our city. The renewal tax will be for a 5.75 mill. Mayor Cameron requested a motion for Resolution R15-84. A motion was made by Mr. Hankins and seconded by Vice Mayor Staggs 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. R15-86 A RESOLUTION BY THE COUNCIL OF THE CITY OF TROTWOOD, OHIO AMENDING RESOLUTION R15-76 REGARDING JOINT APPLICATION WITH THE CITY OF CLAYTON TO MVRPC FOR FUNDING TO REPAVE A PORTION OF WESTBROOK ROAD. Attachments: R15-86_Res amending prior res paving Westbrook rd City of Clayton (00780166@xA06A8).pdf The Clerk read the caption. Interim City Manager Pope said this resolution is for the joint paving agreement with the City of Clayton to increase the funding to the grant application. Our city match will remain the same. Clayton's match will be increased to $23,000.00 to have a better chance to obtain the funding for this resurfacing project on Westbrook Road located in Trotwood and Clayton. Mayor Cameron requested a motion for Resolution R15-87. A motion was made by Vice Mayor Staggs and seconded by Mrs. Gales to approve R15-87. 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 November 2, 2015 C. R15-87 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A SERVICE AGREEMENT WITH THE LAW OFFICE OF THE MONTGOMERY COUNTY PUBLIC DEFENDER TO PROVIDE LEGAL COUNSEL TO INDIGENT PERSON CHARGED WITH VIOLATIONS OF MUNICIPAL ORDINANCES FOR THE YEAR 2016, UNDER CERTAIN TERMS AND CONDITIONS. Attachments: Public Defender agreemtn 2016 R15-87 11-2-15.pdf The Clerk read the caption. Interim City Manager Pope said this resolution is an agreement with the law office of the Montgomery County Public Defenders office to provide legal counsel to indigent person charged with violations of our municipal ordinances for the year 2016. Typically, our cost per year would be $2,400.00 per year. To-date we've spent $1,700.00. Mayor Cameron requested a motion for resolution R15-87. A motion was made by Mrs. McDonald and seconded by Mr. Hankins to approve R145-87. 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 X. Old & New Business 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. City Manager: Reminder to visit the City of Trotwood web site 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. Interim City Manager Pope said the city is in partnership with the Trotwood Madison City School district to provide a full time school resource police officer in the school's to build positive relationships with the teachers and student's. c. Council Members Mr. Kettele said tomorrow is election day, citizens please exercise your right to vote. d. Staff Reports No staff reports at this time. XI. Motion to Adjourn Mayor Cameron requested a motion to adjourn the meeting at 6:56 p.m. A motion was made by Mrs. Gales and seconded by Vice Mayor Staggs to adjourn. Roll call resulted in the following vote: City of Trotwood Page 6 City Council Meeting Minutes - Final November 2, 2015 Aye: 8- Cameron, Councilmember Staggs, Vice Mayor Staggs, Vice Mayor Gales, Councilmember Hankins, Councilmember Kettelle, Councilmember Vaughn and Councilmember McDonald City of Trotwood Page 7

Agenda

City of Trotwood 3035 Olive Road Trotwood, Ohio 45426 937-837-7771 www.trotwood.org Meeting Agenda - Final Monday, November 2, 2015 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, CMC, Clerk of Council City Council Meeting Agenda - Final November 2, 2015 I. Call to Order - Mayor Joyce S. Cameron II. Pledge of Allegiance & Moment of Silence III. Roll Call: Clerk of Council IV. Motion to Approve the Agenda V. VISITORS AND COMMUNICATIONS: To comment on any topic NOT on the agenda, 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, proceed with your comments. You will have three (3) minutes to speak. Citizens comments on the 'Public Hearing' portion of the meeting will be accepted at the appropriate time during the meeting. VI. Special Presentations and Recognitions VII. Motion to Approve the Consent Agenda A. 15-88 City Council Meeting Minutes from Tuesday, September 8, 2015 Attachments: MeetingAgenda08-Sep-2015 C.C. REGULAR MTG..pdf B. 15-89 City Council Regular Meeting Minutes from Monday, October 5, 2015 Attachments: MeetingMinutes05-Oct-2015 REGULAR MEETING.pdf C. 15-90 City Council Special & Workshop Meeting Minutes from Monday, October 19, 2015. Attachments: MeetingMinutes19-Oct-2015-Workshop & Special Mtg.pdf D. 15-84 A MOTION TO SCHEDULE A PUBLIC HEARING FOR THE LAW DIRECTOR TO DRAFT AN AMENDMENT TO ORDINANCE 09-13 ESTABLISHING BENEFITS FOR CERTAIN NON-UNION EMPLOYEES OF THE CITY OF TROTWOOD, OHIO AND TO DECLARE AN EMERGENCY EFFECTIVE JANUARY 1, 2016. E. 15-85 MOTION TO SCHEDULE A PUBLIC HEARING AND DRAFT AMENDMENT TO ORDINANCE NO. 18-14 CORRECTING WAGE SCALES OF CERTAIN NON-UNION EMPLOYEES OF THE CITY OF TROTWOOD, OH AND DECLARING AN EMERGENCY EFFECTIVE ON JANUARY 1, 2016. City of Trotwood Page 2 Printed on 10/30/2015 City Council Meeting Agenda - Final November 2, 2015 F. 15-87 A MOTION TO SCHEDULE A PUBLIC HEARING AND AUTHORIZE THE LAW DIRECTOR TO DRAFT AN ORDINANCE AMENDING ORDINANCE OR15-15, THE ANNUAL REAPPROPRIATION FOR THE CITY OF TROTWOOD AND AUTHORIZING THE ADJUSTMENT OF VARIOUS EXPENDITURES OF THE CITY OF TROTWOOD, STATE OF OHIO, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2015 AND ENDING DECEMBER 31, 2015. G. 15-91 A MOTION TO SCHEDULE A PUBLIC HEARING FOR THE LAW DIRECTOR TO DRAFT AN ORDINANCE TO FACILITATE COMPETITIVE RETAIL ELECTRIC SERVICE TO PROMOTE ELECTRICAL SAVINGS, LOWER COST ELECTRICITY SUPPLIES AND OTHER BENEFITS FOR CERTAIN ELECTRICITY CONSUMERS, AUTHORIZING ALL ACTIONS NECESSARY TO EFFECT AN ELECTRIC AGGREGATION PROGRAM PURSUANT TO SECTION 4928.20 OF THE OHIO REVISED CODE AND ARTICLE XVIII SECTION 4 OF THE OHIO CONSTITUTION; DIRECTING THE MONTGOMERY COUNTY BOARD OF ELECTIONS TO SUBMIT A BALLOT QUESTION TO THE ELECTORS; AND AUTHORIZING THE AGREEMENT WITH AN AGENT FOR SUCH PURPOSES AND DECLARING AN EMERGENCY. VIII. Public Hearings/Ordinances A. OR20-15 An Ordinance to Adopt the New Municipal Income Tax Regulations for 2016 and Beyond. Attachments: OR20-15_TW income tax enacting ordinance_11-2-15 reg. C.C. mtg_ (00779948@xA06A8).pdf OR20-15 NEW CHAPTER 184_TROTWOOD TAX ORDINANCE (00778192@xA06A8).pdf PUBLIC HEARING NOTICE NEW ADOPT NEW MUNICIPAL TAX REGULATIONS FOR 2016_ IX. Resolutions A. R15-84 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, OHIO AS PROVIDED FOR UNDER SUBSECTION 5705.19 (A) OF THE OHIO REVISED CODE, WHICH LEVY SHALL BE 5.75 MILLS TO RUN FOR FIVE (5) YEAR PURSUANT TO SECTION 5705.19 AND SUBSECTION 5705.19 (A) OF THE OHIO REVISED CODE AND REQUESTING THE BOARD OF ELECTIONS TO PLACE THIS RENEWAL TAX LEVY ON THE MARCH 8, 2016 PRIMARY BALLOT A 5.75 MILL RENEWAL TAX LEVY ON THE PRIMARY BALLOT. Attachments: R15-84_Res 5.75 renewal general purpose to BOE (00779964@xA06A8).pdf Trotwood Operating 5 75 Mill Renewal.pdf R15-84 general renewal levy primary election 2016 presentation.pdf City of Trotwood Page 3 Printed on 10/30/2015 City Council Meeting Agenda - Final November 2, 2015 B. R15-86 A RESOLUTION BY THE COUNCIL OF THE CITY OF TROTWOOD, OHIO AMENDING RESOLUTION R15-76 REGARDING JOINT APPLICATION WITH THE CITY OF CLAYTON TO MVRPC FOR FUNDING TO REPAVE A PORTION OF WESTBROOK ROAD. Attachments: R15-86_Res amending prior res paving Westbrook rd City of Clayton (00780166@xA06A8).pdf C. R15-87 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A SERVICE AGREEMENT WITH THE LAW OFFICE OF THE MONTGOMERY COUNTY PUBLIC DEFENDER TO PROVIDE LEGAL COUNSEL TO INDIGENT PERSON CHARGED WITH VIOLATIONS OF MUNICIPAL ORDINANCES FOR THE YEAR 2016, UNDER CERTAIN TERMS AND CONDITIONS. Attachments: Public Defender agreemtn 2016 R15-87 11-2-15.pdf X. Old & New Business 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. City Manager: Reminder to visit the City of Trotwood web site 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 d. Staff Reports XI. Motion to Adjourn City of Trotwood Page 4 Printed on 10/30/2015

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