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City Council

Regular Meeting

Trotwood, OH · December 7, 2015

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City of Trotwood 3035 Olive Road Trotwood, Ohio 45426 937-837-7771 www.trotwood.org Meeting Minutes Monday, December 7, 2015 6:30 PM Regular Meeting 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 December 7, 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 by VFW Post 4270 Honor Guard, to honor Pearl Harbor Day Mayor Cameron introduced the Commander Critell and the Color Guard from the VFW Post 4270 who will present the colors in honor of the annual National Pearl Harbor Remembrance Day, on December 7, 1941, commemorating the World World II attack on Pearl Harbor, Hawaii. III. Roll Call: Clerk of Council Present: 7 - Mayor Joyce Sutton Cameron, Vice Mayor Barbara Staggs , Councilmember 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, Stephen McHugh Law Director, Chris Peeples Finance Director, Fire Chief Steve Milliken, Police Captain John Porter, Brenda Blauser Assistant to City Interim City Manager; Jeannie Peyton Planning and Zoning Administrator, Donna Sue Bowman Income Tax Administrator, Stephanie Kellum Human Resource Manager, and Sandra Riege, Clerk of Council. Visitors in attendance: Dave Norvell, James Williams, Martha Erwin, Boyd & Jeri Hastings, Tiara Chambers, Kyom Richardson, Alexius Daniels, Ayanna Lowe, Ryanna Lowe, Samara McNeal, Martha Clark, Steven Champion, Sandra Johnson, John Fecke, James Hudson, Mattie Clay, Barbara Higgins, Monica Houston, Tanira Scott, Shyann Smart, Janet Foote, Roland Walder, Jay Taylor, Jay Young, Desiree Marvin, Mary Dixon, Sr. Mary Ellen Andrisin, Janice Chinn. IV. Motion to Approve the Regular Meeting Agenda Mayor Cameron requested a motion to approve the meeting agenda. A motion was made by Vice Mayor Staggs and seconded by Mr. Kettelle. Roll call resutled 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 December 7, 2015 V. VISITORS AND COMMUNICATIONS: Visitors -- after Mayor Cameron asks for visitor's comments on any item NOT on the agenda, please come to the microphone and give your name and address before proceeding with your comments. You will have THREE (3) MINUTES for your comments. You must first complete a sign-in sheet and submit it to the Clerk of Council prior to the meeting before you can speak during the Council Meeting. VI. Presentations and Recognitions There were no presentations at this time. VII. Motion to Approve the Consent Agenda Mayor Cameron requested a Motion to approve the agenda. A motion was made by Mrs. Gales and seconded by Mrs. McDonald. 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. 15-104 Approval of Regular Council Meeting Minutes from Monday, November 2, 2015. Attachments: MeetingMinutes November 2, 2015.pdf B. 15-105 Approval of Workshop Meeting Minutes from Monday, November 16, 2015. Attachments: MeetingMinutes November 16, 2015.pdf C. 15-98 A MOTION TO SCHEDULE A PUBLIC HEARING AND AUTHORIZE THE LAW DIRECTOR TO DRAFT AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF BONDS IN AN AGGREGATE PRINCIAL AMOUNT NOT TO EXCEED $5,550,000 TO PAY COSTS OF REFUNDING THE SERIES 2007 VARIOUS PURPOSE BONDS, TO AMORITIZE THE PRINCIPAL PORTION OF THE 2015 VARIOUS PURPOSE BANS, AND TO APPROVE THE VARIOUS AGREEMENTS AS NECESSARY. D. 15-99 A MOTION TO SCHEDULE A PUBLIC HEARING AND AUTHORIZE THE LAW DIRECTOR TO DRAFT AN ORDINANCE ESTABLISHING THE APPROPRIATIONS FOR THE CURRENT EXPENSES AND EXPENDITURES OF THE CITY OF TROTWOOD, STATE OF OHIO, FOR FISCAL YEAR BEGINNING JANUARY 1, 2016 AND ENDING DECEMBER 31, 2016. City of Trotwood Page 2 City Council Meeting Minutes December 7, 2015 E. 15-96 A MOTION TO SCHEDULE A PUBLIC HEARING AND DRAFT LEGISLATION ON PLANNING COMMISSION CASE NO. 15-06, A PUBLIC HEARING FOR THE REZONING OF 1.2 ACRES ON A SITE LOCATED ON SALEM AVENUE FROM THE “R-B” REGIONAL BUSINESS DISTRICT TO THE “B-PUD” BUSINESS PLANNED UNIT DEVELOPMENT DISTRICT. F. 15-95 A MOTION TO SCHEDULE A PUBLIC HEARING AND DRAFT LEGISLATION ON PLANNING COMMISSION CASE NO. 15-07, SPECIFIC SITE PLAN TO CONSTRUCT AN ELECTRONIC BILLBOARD GATEWAY SIGN AT SALEM AVENUE AND WESTBROOK ROAD (PARCEL NO. H33 02103 0011) IN TROTWOOD, OHIO. VIII. Public Hearings/Ordinances: Motion to open the Public Hearing Mayor Cameron requested a motion to oren the public portion of this meeting. A motion was made by Mr. Kettelle 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 A. OR18-15 AN ORDINANCE AMENDING ORDINANCE 09-13 ESTABLISHING BENEFITS FOR CERTAIN NON-UNION EMPLOYEES OF THE CITY OF TROTWOOD, OHIO AND DECLARING AN EMERGENCY EFFECTIVE ON JANUARY 1, 2016 Attachments: OR18-15 Benefits ordinance 2015.pdf The Clerk read the caption. Interim City Manager Pope introduced Human Resource Manager Stephanie Kellum. Revisions to the wage and health benefit ordinance is needed due to the changes in the federal law for the Affordable Care Act. Mayor Cameron requested a motion for OR18-15. A motion was made by Vice Mayor Staggs and seconded by Mr. Hankins. 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 3 City Council Meeting Minutes December 7, 2015 B. OR19-15 AN ORDINANCE AMENDING ORDINANCE NO. 18-14 CORRECTING CERTAIN WAGE SCALES FOR CERTAIN PART TIME, NON-UNION EMPLOYEES OF THE CITY OF TROTWOOD, OHIO AND DECLARING AN EMERGENCY EFFECTIVE ON JANUARY 1, 2016. Attachments: OR19-15 AMEND OR18-14 WAGE SCALES NON-UNION.pdf NEWS RELEASE AMENDING OR09-13 BENEFITS NON-UNION EMP_EMERGENCY DEC 7_2015.pdf The Clerk read the caption. Huamn Resouce Manager Stephen Kellum said this adjustments to this legislation is required. Errors were found in the wage scale for part time firefighter category. Mayor Cameron requested a motion for OR19-15. A motion was made by Mr. Vaughn and it was 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 C. OR23-15 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. Attachments: OR23-15 Ordinance Primary Ballot Electric aggregation 12-5-15.pdf The Clerk read the caption. Interim City Manager Quincy E. Pope stated this Community Electric Aggregation ballot question will be placed on the March 15, 2016 primary ballot for residents to obtain lower electric rates by participating in a program from a third-party supplier. We will also have additional references and presentations from other suppliers for council to consider to arrive at determine the best rates for our city at another workshop meeting. Mayor Cameron requested a motion for OR23-15. A motion was made by Vice Mayor Stagges to approve OR23-15 as an emergency to put on the primary election ballot and it was seconded by Mr. Hankins. Aye: 7- Mayor Cameron, Vice Mayor Staggs, Councilmember Gales, Councilmember Hankins, Councilmember Kettelle, Councilmember Vaughn and Councilmember McDonald City of Trotwood Page 4 City Council Meeting Minutes December 7, 2015 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 Mrs. Gales 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 X. Motion to Open the Regular Meeting Mayor Cameron requested a motion to open the regular meeting. A motion was made by Mr. Hankins and seconded by Mrs. McDonald. 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 XI. Resolutions A. R15-89 A resolution by the Trotwood City Council requesting an advance of taxes collected for the City of Trotwood for tax year 2015 (collected in the year 2016) from the Montgomery County Auditor’s Office. Attachments: R15-89 Taxes Collected in Advance 12-7-15.pdf 2015 ADVANCE REQUEST MONTGOMERY COUNTY AUDITOR The Clerk read the caption. Interim City Manager Quincy E. Pope introduced Chris Peeples Finance Director to explain this legislation, The request is for the advancement of taxes collected for the tax year 2015 (collected in the year 2016) from the Montgomery County Auditor's office. Mayor Cameron requested a motion for R15-89. A motion was made by Vice Mayor Staggs to approve R15-89 and it was seconded by Mr. Kettelle. 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 5 City Council Meeting Minutes December 7, 2015 B. R15-88 A RESOLUTION by the TROTWOOD CITY COUNCIL IN OPPOSITION TO HOUSE BILL 48. Attachments: Rr15-88 opposition to House Bill 48 CCW 12-5-15 (00785232@xA06A8).pdf The Clerk read the caption. Interim City Manager Quincy E. Pope said this legislation is for those citizens that may have a conceal carry weapon permit to carry their loaded weapons in public places and in certain safety zones here in the State of Ohio. The Ohio Police Chiefs Association are in opposition to these changes to the State of Ohio House Bill 48. Mr. Vaughn requested discussion before we make the motion. He said the Montgomery County Sheriff Department and other police departments support the House Bill 48 - they believe is the security and safety for all citizens throughout this nation is not what it used to be especially with the police department's reduced personnel & revenue facing our cities. Mr. Vaughn is asking city council to table this resolution until we get more information. Mr. Kettelle stated HB48 has been approved by State House of Representatives. It's now under review by the Ohio Senate and he sees no reason to table this legislation. Mayor Cameron requested a motion on R15-88. A motion was made by Mr. Vaughn to TABLE Resolution R15-89 and it was seconded by Mrs. McDonald. Roll call resulted in the following vote: Mr. Vaughn, Mrs. McDonald and Mrs. Gales voted YES to TABLE. Mr. Kettelle, Mr. Hankins, Vice Mayor Staggs and Mayor Cameron voted NO - the motion to table R15-88 FAILS by a three (3) YES and four (4) NO votes. Mr. Vaughn would like discuss the contents of House Bill 48 with new city council members elected in 2016 to recommend approval after they have the opportunity to understand it's contents . Mayor Cameron asked for a motion for Resolution R15-88. A Motion was made by Vice Mayor Staggs to APPROVE R15-88 and it was seconded by Mr. Hankins. Roll Call resulted in the following vote: Aye: 4- Mayor Cameron, Vice Mayor Staggs, Councilmember Hankins and Councilmember Kettelle Nay: 2- Councilmember Vaughn and Councilmember McDonald Abstain: 1- Councilmember Gales XII. Old & New Business XIII. Mayor's Announcements A. 15-100 To schedule an appointment with the Mayor, please contact Sandy Riege, Clerk of Council, at 937/854-7212, Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m. B. 15-101 Reminders/Meeting Schedule: 1) Special Meeting & Workshop - Monday, December 21, 2015 @ 6:00 PM; 2) Regular Council Meeting - Monday, January 4, 2016 @ 6:30 PM. City of Trotwood Page 6 City Council Meeting Minutes December 7, 2015 XIV. City Council Members Mrs. Gales - Welcome students and teacher Monica Houston from the Trotwood Madison City High School government class who are attending our council meeting tonight for their class assignment. XV. Interim City Manager's Report A. 15-102 Remember to visit the City of Trotwood’s website at www.trotwood.org as well as our Facebook page for updated information and events in our City. On the website, click on “Notify Me” to sign up to receive information by using your email address or mobile phone. B. 15-103 Holiday Closing Schedule: Christmas Day-Friday, December 25, 2015; New Year’s Day-Friday, January 1, 2016. XVI. Staff Reports XVII. Motion to Adjourn the Regular Meeting Mayor Cameron requested a motion to adjourn the meeting at 7:21 p.m. A motion was made by Vice mayor Staggs and seconded by Mr. Kettelle. 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

Agenda

City of Trotwood 3035 Olive Road Trotwood, Ohio 45426 937-837-7771 www.trotwood.org Meeting Agenda - Final Monday, December 7, 2015 6:30 PM Regular Meeting 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 December 7, 2015 I. Call to Order - Mayor Joyce S. Cameron II. Pledge of Allegiance & Moment of Silence by VFW Post 4270 Honor Guard, to honor Pearl Harbor Day III. Roll Call: Clerk of Council IV. Motion to Approve the Regular Meeting Agenda V. VISITORS AND COMMUNICATIONS: Visitors -- after Mayor Cameron asks for visitor's comments on any item NOT on the agenda, please come to the microphone and give your name and address before proceeding with your comments. You will have THREE (3) MINUTES for your comments. You must first complete a sign-in sheet and submit it to the Clerk of Council prior to the meeting before you can speak during the Council Meeting. VI. Presentations and Recognitions VII. Motion to Approve the Consent Agenda A. 15-104 Approval of Regular Council Meeting Minutes from Monday, November 2, 2015. Attachments: MeetingMinutes November 2, 2015.pdf B. 15-105 Approval of Workshop Meeting Minutes from Monday, November 16, 2015. Attachments: MeetingMinutes November 16, 2015.pdf C. 15-98 A MOTION TO SCHEDULE A PUBLIC HEARING AND AUTHORIZE THE LAW DIRECTOR TO DRAFT AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF BONDS IN AN AGGREGATE PRINCIAL AMOUNT NOT TO EXCEED $5,550,000 TO PAY COSTS OF REFUNDING THE SERIES 2007 VARIOUS PURPOSE BONDS, TO AMORITIZE THE PRINCIPAL PORTION OF THE 2015 VARIOUS PURPOSE BANS, AND TO APPROVE THE VARIOUS AGREEMENTS AS NECESSARY. D. 15-99 A MOTION TO SCHEDULE A PUBLIC HEARING AND AUTHORIZE THE LAW DIRECTOR TO DRAFT AN ORDINANCE ESTABLISHING THE APPROPRIATIONS FOR THE CURRENT EXPENSES AND EXPENDITURES OF THE CITY OF TROTWOOD, STATE OF OHIO, FOR FISCAL YEAR BEGINNING JANUARY 1, 2016 AND ENDING DECEMBER 31, 2016. City of Trotwood Page 2 Printed on 12/4/2015 City Council Meeting Agenda - Final December 7, 2015 E. 15-96 A MOTION TO SCHEDULE A PUBLIC HEARING AND DRAFT LEGISLATION ON PLANNING COMMISSION CASE NO. 15-06, A PUBLIC HEARING FOR THE REZONING OF 1.2 ACRES ON A SITE LOCATED ON SALEM AVENUE FROM THE “R-B” REGIONAL BUSINESS DISTRICT TO THE “B-PUD” BUSINESS PLANNED UNIT DEVELOPMENT DISTRICT. F. 15-95 A MOTION TO SCHEDULE A PUBLIC HEARING AND DRAFT LEGISLATION ON PLANNING COMMISSION CASE NO. 15-07, SPECIFIC SITE PLAN TO CONSTRUCT AN ELECTRONIC BILLBOARD GATEWAY SIGN AT SALEM AVENUE AND WESTBROOK ROAD (PARCEL NO. H33 02103 0011) IN TROTWOOD, OHIO. VIII. Public Hearings/Ordinances: Motion to open the Public Hearing A. OR18-15 AN ORDINANCE AMENDING ORDINANCE 09-13 ESTABLISHING BENEFITS FOR CERTAIN NON-UNION EMPLOYEES OF THE CITY OF TROTWOOD, OHIO AND DECLARING AN EMERGENCY EFFECTIVE ON JANUARY 1, 2016 Attachments: OR18-15 Benefits ordinance 2015.pdf B. OR19-15 AN ORDINANCE AMENDING ORDINANCE NO. 18-14 CORRECTING CERTAIN WAGE SCALES FOR CERTAIN PART TIME, NON-UNION EMPLOYEES OF THE CITY OF TROTWOOD, OHIO AND DECLARING AN EMERGENCY EFFECTIVE ON JANUARY 1, 2016. Attachments: OR19-15 AMEND OR18-14 WAGE SCALES NON-UNION.pdf NEWS RELEASE AMENDING OR09-13 BENEFITS NON-UNION EMP_EMERGENCY DEC 7_2 C. OR23-15 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. Attachments: OR23-15 Ordinance Primary Ballot Electric aggregation 12-5-15.pdf IX. Motion to Close the Public Hearing X. Motion to Open the Regular Meeting XI. Resolutions City of Trotwood Page 3 Printed on 12/4/2015 City Council Meeting Agenda - Final December 7, 2015 A. R15-89 A resolution by the Trotwood City Council requesting an advance of taxes collected for the City of Trotwood for tax year 2015 (collected in the year 2016) from the Montgomery County Auditor’s Office. Attachments: R15-89 Taxes Collected in Advance 12-7-15.docx 2015 ADVANCE REQUEST MONTGOMERY COUNTY AUDITOR B. R15-88 A RESOLUTION by the TROTWOOD CITY COUNCIL IN OPPOSITION TO HOUSE BILL 48. Attachments: Rr15-88 opposition to House Bill 48 CCW 12-5-15 (00785232@xA06A8).pdf XII. Old & New Business XIII. Mayor's Announcements A. 15-100 To schedule an appointment with the Mayor, please contact Sandy Riege, Clerk of Council, at 937/854-7212, Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m. B. 15-101 Reminders/Meeting Schedule: 1) Special Meeting & Workshop - Monday, December 21, 2015 @ 6:00 PM; 2) Regular Council Meeting - Monday, January 4, 2016 @ 6:30 PM. XIV. City Council Members XV. Interim City Manager's Report A. 15-102 Remember to visit the City of Trotwood’s website at www.trotwood.org as well as our Facebook page for updated information and events in our City. On the website, click on “Notify Me” to sign up to receive information by using your email address or mobile phone. B. 15-103 Holiday Closing Schedule: Christmas Day-Friday, December 25, 2015; New Year’s Day-Friday, January 1, 2016. XVI. Staff Reports XVII. Motion to Adjourn the Regular Meeting City of Trotwood Page 4 Printed on 12/4/2015

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