City Council

City of Trotwood 3035 Olive Road Trotwood, Ohio 45426 937-837-7771 www.trotwood.org Meeting Minutes Monday, May 2, 2016 6:30 PM Regular Meeting T-M Schools Board of Education Meeting Chambers 3594 N. Snyder Road, Trotwood, Ohio City Council Mayor Mary A. McDonald Vice Mayor Bettye L. Gales Councilmember Rap Hankins Councilmember Charles Ron Vaughn Councilmember Rhonda C. Finley Councilmember Robert L. Kelley, Jr. Councilmember Scotty A. Sly, Sr. Sandra L. Riege Fuller CMC, Clerk of Council City Council Meeting Minutes May 2, 2016 I. Call to Order - Mayor Mary A. McDonald Mayor McDonald called the meeting to order at 6:00 p.m. II. Invocation by Pastor Norman J. Scearce, III III. Pledge of Allegiance IV. Roll Call: Clerk of Council Present: 7 - Mayor Mary A. McDonald, Vice Mayor Bettye L. Gales, Councilmember Rap Hankins, Councilmember Charles Ron Vaughn, Councilmember Rhonda C. Finley, Councilmember Robert L. Kelley Jr. and Councilmember Scotty A. Sly Sr. Staff members present: Quincy E. Pope, Sr. City Manager; Law Director Stephen M. McHugh, Chief of Police Eric Wilson, Deputy Police Chief John Porter, Fire Chief Steve Milliken, Assistant to the City Manager Brenda Blauser, Human Resource Manager Stephanie Kellum, Income Tax Administrator Donna Sue Bowman, Fred Burkhardt, C.I.C. Executive Director and Sandy Riege Fuller, Clerk of Council. Visitors present: Norman Scearce III, M. Polk, John Fecke, Dawn Wojak, Janet Foote, David Young, Raymond Birdsong, Jay Young, Randle Moore, Adrian McHudson, Barbara Higgins, Mattie Clay, Robert Critell, Steven Champion, Sandra Johnson, James Williams, Martha Erwin, Linda Werner, Wanda Page Ellsworth Szkdlarek Janice Chinn, Theodore Fields, Tom Grady, Waldo Littlejohn, Phil & Chad Downing from Pro West. V. Motion to Approve Regular Meeitng Agenda As Amended Mayor McDonald requested a motion to approve the regular meeting agenda. A motion was made by Mr. Hankins and seconded by Vice Mayor Gales to approve as amended. Roll Call resulted in the following vote: Aye: 7- Mayor McDonald, Vice Mayor Gales, Councilmember Hankins, Councilmember Vaughn, Councilmember Finley, Councilmember Kelley Jr. and Councilmember Sly Sr. City of Trotwood Page 1 City Council Meeting Minutes May 2, 2016 VI. VISITORS AND COMMUNICATIONS: To comment on any topic 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. Citizen comments on the 'Public Hearing' portion of the meeting will be accepted at the appropriate time during the meeting. Visitors present - Mr. Robert Critell, 2383 N. Union Road, Dayton, Ohio - Veterans of Foreign Wars and the American Legion would like to honor May 1st as a day set aside for the reaffirmation of loyalty to the United States and for the recognition of the heritage of American freedom and to honor those that keep us safe in our community and throughout our nation. May 15th is Police Memorial Day with American flag to fly half staff. Ms. Wanda Page, 601 Chandler Drive, Trotwood, Oh - Concerned about her high water bill; she has no leaks and doesn't understand why so high. Mr. Waldo Littlejohn, 729 Chandler Dr. Trotwood, Oh - asked when is the Town Hall Meeting - 6:00 Monday, May 23 at 6:00 p.m.. He's the new representative working with Vice Mayor Gales in Ward 1 Neighborhood Watch group. VII. Special Presentations and Recognitions VIII. Motion to Approve the Consent Agenda Mayor McDonald requested a motion to approve the consent agenda. Councilwoman Finley has requested to TABLE the Motion on the files R16-35 through R16-38 on the tax foreclosures, to schedule a workshop meeting so all of council can review the updated organizational structure and contract for the Trotwood C.I.C. City Manager Quincy Pope, Sr. stated the foreclosure items brought before council tonight is only for the CIC to take action on these vacant homes. Councilman Kelley also wants to be undated about the structure of this group as Ms. Finley stated and fellt they were not given enough information about the CIC to vote on this legislation. Mr. Vaughn is a C.I.C. committee member and explained, there are some corrections to the contract that will be available for all of council to review and feels we should move forward with the legislation tonight. Vice Mayor Gales asked the law director if the contract is done - it's in draft form. Vice-Mayor doesn't see the need to hold up the legislation before us tonight. Mr. Hankins said, the legislation is only for council to approve the foreclosure action on these homes. Mayor McDonald called for a recess for 5 minutes with Ms. Finley, Mr. Kelley, Quincy Pope, and Law Director at 6:10 p.m. Mayor McDonald requested a motion to return to the meeting agenda at 6:15 p.m.; roll call resulted in a unanimous vote. Mayor McDonald requested a motion for the Consent Agenda. A motion was made by Mr. Vaughn and seconded by Vice Mayor Gales to approve the consent agenda. Roll Call resulted in the following vote: Aye: 5- Mayor McDonald, Vice Mayor Gales, Councilmember Hankins, Councilmember Vaughn and Councilmember Sly Sr. Nay: 2- Councilmember Finley and Councilmember Kelley Jr. City of Trotwood Page 2 City Council Meeting Minutes May 2, 2016 A. R16-35 A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING THE TROTWOOD COMMUNITY CORPORATION TO INITIATE A PROPERTY TAX FORECLOSURE ACTION ON THE TAX-DELINQUENT LAND KNOWN AS 34 BROOKHAVEN DRIVE (Parcel ID H33-00212-0039) IN ACCORDANCE WITH CHAPTER 5722 OF THE OHIO REVISED CODE. Attachments: 201604211453 (1) This Resolution was approved B. R16-37 A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING THE TROTWOOD COMMUNITY IMPROVEMENT CORPORATION TO INITIATE A PROPERTY TAX FORECLOSURE ACTION ON THE TAX-DELINQUENT LAND KNOWN AS 107 STUBBS DRIVE (Parcel ID H33-00110-0015) IN ACCORDANCE WITH CHAPTER 5722 OF THE OHIO REVISED CODE. Attachments: R16-37_107 STUBBS DRIVE CIC Tax Foreclosure 107 STUBBS SUBMISSION This Resolution was approved C. R16-36 A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING THE TROTWOOD COMMUNITY IMPROVEMENT CORPORATION TO INITIATE A PROPERTY TAX FORECLOSURE ACTION ON THE TAX-DELINQUENT LAND KNOWN AS 5101 OAKSIDE PLACE (Parcel H33-011303-0015) IN ACCORDANCE WITH CHAPTER 5722 OF THE OHIO REVISED CODE. Attachments: R16-36_5101 OAKSIDE PLACE CIC Tax Foreclosure 5101 OAKSIDE SUBMISSION This Resolution was approved D. R16-38 A RESOLTUION BY THE TROTWOOD CITY COUNICL AUTHORIZING THE TROTWOOD COMMUNITY IMPROVEMENT CORPORATION IN INITIATE A PROPERTY TAX FORECLOSURE ACTION ON THE TAX-DELINQUENT LAND KNOWN AS 126 SPARKS STREET (PARCEL ID H33-00110-0027) IN ACCORDANCE WITH CHAPTER 5722 OF THE OHIO REVISED CODE. Attachments: R16-38_126 Sparks Street CIC Tax Foreclosure R16-38 SPARKS STREET CIC This Resolution was approved. City of Trotwood Page 3 City Council Meeting Minutes May 2, 2016 E. R16-39 A RESOLUTION AUTHORIZING THE TROTWOOD CITY COUNCIL AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH SANDY’S AUTO & TRUCK SERVICE, INC. FOR TOWING AND RECOVERY SERVICES FOR A TWO-YEAR TERM FROM JANUARY 1, 2016 THROUGH DECEMBER 31, 2017 Attachments: Res 16-39 authorizing CM to enter into Tow Agreement (00815683@xA06A8) (002) 20160426 Tow Contract Final Council Draft.pdf Exhibit 1.pdf Exhibit 2.pdf Exhibit 3.pdf Exhibit 4.pdf Trotwood RFP Tow Services revised 2015-10-12.pdf This Resolution was approved F. R16-41 A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING THE PLACEMENT OF 14.1810 ACRES OF LAND OWNED BY QUENTIN & KIMBERLY ELKINS, IN THE AGRICULTURAL TAX DISTRICT, SAID PROPERTY ADDRESS BEING 8630 SNAKE ROAD, DAYTON, OHIO 45426-4038, (PARCEL H33-02108-0022) IN ACCORDANCE WITH THE O.R.C. CHAPTER 929, THE FARMLAND PRESERVATIONS ACT. Attachments: R16-41 Elkins_8630 Snake Road_ Farmland Preservation R16-41 FARMLAND RES. 8630 SNAKE ROAD, ELKINS This Resolution was approved G. 16-37 A MOTION TO SCHEDULE A PUBLIC HEARING AND DRAFT LEGISLATION ON PLANNING COMMISSION CASE NO. 16-05 A PUBLIC HEARING FOR THE REZONING OF 20 ACRES ON A SITE LOCATED ON BASORE ROAD FROM THE “RSF-M” RESIDENTIAL SINGLE FAMILY MEDIUM DENSITY DISTRICT TO THE “RT-F” RESIDENTIAL TWO FAMILY DISTRICT. This Staff Report was read and filed IX. Public Hearings/Ordinances: Motion to Open the Public Hearing. Mayor McDonald requested a motion ti open the Public Hearing. A motion was made by Vice Mayor Gales and seconded by. Mr. Sly. Roll call resulted in the following vote: City of Trotwood Page 4 City Council Meeting Minutes May 2, 2016 A. R16-42 A RESOLUTION AUTHORIZING THE ISSUANCE OF BONDS BY PUBLIC FINANCE AUTHORITY FOR CONVENANT MANOR APARTMENTS PROJECT. Attachments: Res. R16-42_ re Coveneant House (NEW) - revised by insurance counsel (00816045@xA06A8) Covenant Manor Apts bonds _4951 Covenant House Drive PFA - Trotwood - TEFRA Proof of Publication_30816966_1 The Clerk read the caption. City Manager Quincy E. Pope introduced the Law Director to explain this legislation which requires a public hearing. The city is allowing the tax free status (according to the federal act) to provide a vehicle for issuance of bonds by public finance authority pursuant to Section 66.0302, 66.0303 and 66.0304 of the Wisconsin statutes, property within the city of Trotwood, known as Covenant Manor Apartments located at 4951 Covenant House Drive, to obtain multifamily revenue Series 2016 bond refinancing costs to acquire and renovate this facility. This request will never constitute an indebtedness to general obligation of the city and shall be paid by the borrower. Mayor McDonald asked for citizens to come forward to speak on this legislation; there were none. Mayor McDonald requested a motion for R16-42. A motion was made by Mr. Hankins and seconded by Mr. Sly to approve. Roll call resulted in the following vote: Aye: 7- Mayor McDonald, Vice Mayor Gales, Councilmember Hankins, Councilmember Vaughn, Councilmember Finley, Councilmember Kelley Jr. and Councilmember Sly Sr. B. OR11-16 AN ORDINANCE AMENDING ORDINANCE NO OR04-14 RE-ASSIGNING THE POSITION OF POLICE CHIEF TO AN APPROPRIATE PAY GRADE, ASSIGNING THE POSITIONS OF CODE ENFORCEMENT SUPERVISOR AND DEPUTY POLICE CHIEF TO APPROPRIATE PAY GRADES, ENSURING ALL OTHER NON-UNION POSITIONS ARE LISTED IN THE ORDINANCE, AND REMOVING UNION POSITIONS FROM THE ORDINANCE AND TO DELCLARE AN EMERGENCY Attachments: OR11-16 AMENDING OR04-14 PAY GRADES 5-2-16 The Clerk read the caption. City Manager Pope explained this legislation is for the reassignment of appropriate pay grades for the new positions for Police Cheif, Deputy Police Chief and Code Enforcement Supervisor, and to ensure all other non-union positions are listed. No further discussion. Mayor McDonald requested a motion for OR11-16. A motion was made by Mrs. Finley and seconbded by Mr. Vaughn to approve and declare an emergency. Roll call resulted in the following vote: Aye: 7- Mayor McDonald, Vice Mayor Gales, Councilmember Hankins, Councilmember Vaughn, Councilmember Finley, Councilmember Kelley Jr. and Councilmember Sly Sr. City of Trotwood Page 5 City Council Meeting Minutes May 2, 2016 X. Motion to Close the Public Hearing Mayor McDonald requested a motion to close the public portion of this meeting. A motion was made by Mrs. Finley and seconded by Mr. Vaughn to close the hearing. Roll call resulted in the following vote; Aye: 7- Mayor McDonald, Vice Mayor Gales, Councilmember Hankins, Councilmember Vaughn, Councilmember Finley, Councilmember Kelley Jr. and Councilmember Sly Sr. XI. Resolutions A. R16-43 A RESOLUTION BY THE TROTWOOD CITY COUNCIL ACCEPTING THE BID OF CONTRACTOR DEREK COBBINS DBA ICCE FOR THE WORK TO BE COMPLETED ON THE NORTH BROADWAY CURB AND GUTTER PROJECT (PID #2016-001) AND AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH SAID CONTRACTOR TO COMPLETE PID #2016-01 FOR AN AMOUNT NOT TO EXCEED $43,000.00 Attachments: Res 16-43 authorizing CM re Award of N Broadway Curb and Gutter Project (00815789@xA06A8) Notice of Award, Project 2016-01 N. Broadway Curb & Gutter 2016-01 (Contract) The Clerk read the caption. City Manager Pope said this grant is for the bid submittal is for the North Broadway Curb & Gutter project awarded to contactor Derek Cobbins dba as ICCE as the best and lowest. This legislation will allow the City Manager to enter into an agreement with this contractor in the amount not to exceed $43,000.00. Mayor McDonald requested a motion for R16-43. A motion was made by Vice Mayor Gales and seconded by Mr. Hankins for approval. Roll call resulted in the following vote: Aye: 7- Mayor McDonald, Vice Mayor Gales, Councilmember Hankins, Councilmember Vaughn, Councilmember Finley, Councilmember Kelley Jr. and Councilmember Sly Sr. City of Trotwood Page 6 City Council Meeting Minutes May 2, 2016 B. R16-45 A RESOLUTION BY THE TROTWOOD CITY COUNCIL ACCEPTING THE BID OF JOHN R. JURGENSEN COMPANY FOR THE WORK TO BE COMPLETED ON THE NORTH BROADWAY PAVING PROJECT NO 2016-02 AND AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH SAID CONTRACTOR TO COMPLETE PROJECT NO 2016-02 FOR AN AMOUNT NOT TO EXCEED $83,000.00. Attachments: R16-45 $83,000.00 NORTH BROADWAY PAVING JURGENSION BID R16-45 N Broadway Paving 2016-02 (Contract) The Clerk read the caption. City Manager Pope said this agreement to receive funding from a Montgomery County Community Block Grant (CDGB) for the repaving of North Broadway Project 2016.02 based on the block grant requirements. Contractor John Jurgenson Company was the best an lowest bid in the amount of $83,000.00. Their timeline for completion is scheduled for the end of July. Mayor McDonald requested a motion for R16-45. A motion was made by Mrs. Finley and seconded by Vice Mayor Gales to approve. Roll Call resulted in the following vote: Aye: 7- Mayor McDonald, Vice Mayor Gales, Councilmember Hankins, Councilmember Vaughn, Councilmember Finley, Councilmember Kelley Jr. and Councilmember Sly Sr. C. R16-44 A RESOLUTION BY THE TROTWOOD CITY COUNCIL ACCEPTING THE BID OF JOHN R. JURGENSEN COMPANY FOR THE WORK TO BE COMPLETED ON THE ON THE URBAN PAVING (INTERSECTION REPAIR) PROJECT 2016-03 (URBAN PAVING RESURFACING PROGRAM NORTH BROADWAY REPAVING PROJECT PID#93203) AND AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH SAID CONTRACTOR TO COMPLETE PROJECT NO 2016-03 FOR AN AMOUNT NOT TO EXCEED $94,953.00 Attachments: Res 16-44 accepting bid of URBAN PAVING JURGENSON $94,953.00 (00816037@xA06A8) SR49 Urban Paving_2016-03 SR49 Bid Packet, Project 2016-03 The Clerk read the caption. City Manger Pope said this is agreement has been awarded to John R. Jurgenson Company to repair roadways as determined by the State of Ohio ODOT as part of their Urban Paving Program. The repair and paving will start at the north intersection of Shiloh Springs SR49, south at the intersection of Shiloh Springs Road & SR49, north at Free Pike and SR49 at East Main Street. The construction amount will not exceed $93,000.00. Mayor McDonald requested a motion for R16-44. A motion was made by Mr. Hankins and seconded by Vice Mayor Gales to approve. Roll call resulted in the following vote: Aye: 7- Mayor McDonald, Vice Mayor Gales, Councilmember Hankins, Councilmember Vaughn, Councilmember Finley, Councilmember Kelley Jr. and Councilmember Sly Sr. City of Trotwood Page 7 City Council Meeting Minutes May 2, 2016 D. R16-47 A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING THE CITY MANAGER TO APPLY FOR THE LOCAL GOVERNMENT EFFICIENCY PROGRAM (LGEP) GRANT FOR A RECORDS MANAGEMENT SYSTEM. Attachments: R16-47 LEAN OHIO GRANT RECORDS MANAGEMENT SYSTEM MAY 2, 2016 The Clerk read the caption. City Manager Pope said this request is authorizing the city manger to apply for a grant for the Local Government Efficiency Program (LGEP) for a records management storage system. This legislation will allow the city to apply for possible funding in the amount of $100,000.00, if approved with a 10% match from the city. Mayor McDonald requested a motion for R16-47. A motion was made by Mr. Hankins and seconded by Mr. Sly to approve. Roll Call resulted in the following vote: Aye: 7- Mayor McDonald, Vice Mayor Gales, Councilmember Hankins, Councilmember Vaughn, Councilmember Finley, Councilmember Kelley Jr. and Councilmember Sly Sr. XII. Old & New Business a. Mayor: To schedule an appointment with the Mayor, contact Sandy Riege Fuller, Clerk of Council at 937/854-7212 between the hours of 8 am - 5 p.m. Congratulations to Police Chief Eric Wilson and Deputy Chief John Porter. Friday there will be a Mothers Day Celebration will be held at the Government Courtyard from 5-7 p.m. and the Trotwood Madison City School Educational Gala will be held also on Friday night at the Meadowbrook Country Club at 6:30 p.m. May 13 - 14 is Trotwood Night with the Dayton Philharmonic Orchestra at the Dayton Schuester Center; tickets are $12.00 per seat, stop by the city hall to purchase. May 15th is the swearing in for our new City Manager Quincy Pope at the Phillips Temple from 6-7 p.m the public is welcome to attend. May 23rd is the first Town Hall meeting at Phillips Temple to hear questions and get answers from city officials in this open forum. 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. City Manager Pope is looking forward to serving this community as your leader for five years with an open door policy for all citiens, please stop by anytime. He's currently putting together an executive team. Code enforcement is one of his top priority. He announced Ms. Stephanie Kellum will be promoted as his Deputy City Manager to assist with our Strategic Plan,community outreach, operational issues and economic development inquiries. She will be sworn in as his Deputy on May 15, 2016. City of Trotwood Page 8 City Council Meeting Minutes May 2, 2016 c. Council Members Mr. Hankins - Thank you to the Charter Review Committee for all your hard work. Parks & Recreation Boards is meeting on a regular basis. Mr. Finley - we are all working hard for our citizens. Would the Police staff look at an ordinance on public solicitation for residential property owners. Vice Mayor Gales - attended the Broadmoor One Neighborhood Watch meeting. Councilman Sly and her attend the military ROTC ball. Mr. Vaughn - thank you the VFW Commander for bringing attention to the May Day holiday. Mr. Kelley - ran for office on the platform of being transparent as a couniclmember and congratulations to Police Chief Wilson & Deputy Porter new promotions. Mr. Sly - thank you everyone for coming out tonight spread the word to attend our meetings; congratulations to our new police Chiefs and City Manager appointments. d. Staff Reports A. 16-36 New Application of Liquor permit for 5215 Salem Avenue - John Anthonys Southern Cuisine LLC, DBA John Anthonys, 5215 Salem Avenue, Trotwood, Ohio 45426 Attachments: Notice to Legislative Athority - Liq Permit John Anthonys LLC.pdf Deputy Chief John Porter said this is a new permit for 5215 Salem Avenue for the John Anthony's Southern Cuisine LLC DBA John Anthony's. Upon review of the permit it was determined the correct address is 5212 Salem located in an overlay zoning district with possible restrictions. It was also determined the State Liquor Board also has issues with the permit as submitted. Police Department is recommending to a motion to request a hearing in our county seat based on the misinformation of this application. No zoning permit was submitted to the city for the occupancy of this building. Mrs. Finley asked, what is the saturation of liquor permits in the city. There are 8 different classification for Ohio Liquor permits. 58 have been issued classified as carry out type permits with the maximum allowed by the State at 105 from these 8 categories. Mayor McDonald requested a motion to request a hearing in our county seat based on the misinformation in this application to authorize this appeal. A motion was made by Mr. Hankins to authorize this appeal and it was seconded by Vice Mayor Gales. Roll Call resulted in the following vote: Aye: 7- Mayor McDonald, Vice Mayor Gales, Councilmember Hankins, Councilmember Vaughn, Councilmember Finley, Councilmember Kelley Jr. and Councilmember Sly Sr. XIV. Motion to Adjourn Mayor McDonaldmade the motion to adjourn the meeting at 8:30 p.m. and it was seconded by Vice Mayor. Roll call resutled in the followting vote: Aye: 7- Mayor McDonald, Vice Mayor Gales, Councilmember Hankins, Councilmember Vaughn, Councilmember Finley, Councilmember Kelley Jr. and Councilmember Sly Sr. City of Trotwood Page 9