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City Council

Regular Meeting

Trotwood, OH · September 6, 2016

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City of Trotwood 3035 Olive Road Trotwood, Ohio 45426 937.837.7771 www.trotwood.org Meeting Minutes Tuesday, September 6, 2016 6:15 PM Executive Session & Regular Meeting 6:30 pm T-M Schools Board of Education Meeting Chambers 3594 N. Snyder Road Trotwood, OH 45426 City Council City Council Meeting Minutes September 6, 2016 I. Call to Order - Mayor Mary A. McDonald Mayor McDonald called the meeting to order at 6:15 pm. 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 in attendance: Quincy E. Pope, City Manager; Stephanie Kellum,Deputy City Manager/Human Resource Manager; Chris Peeples, Finance Director; Brenda Blauser, Assistant to the City Manager; Steve Milliken, Fire Chief; Erik Wilson Chief of Police; John Porter, Deputy Chief of Police; Fred Burkhardt, CIC Executive Director; Rick Haacke, Battalion Chief; Eric Baxter, Operations Manager; Portia Hill, Police Department Business Accreditation Manager; Police Officer Dan Health, Chad & Phil Downing, and Sandy Riege Fuller, Clerk of Council. Visitors in attendance: State Representative Jeff Rezabeck, Ms. Houston Government class from Trotwood Madison City Schools, Denise Moore T-M School Board representative, Nathaniel Green, Natalie Hamson, Sierra Norvell, Makenzie Burgan, Mary Dixon, Boyd Hastings, JaWann Gillis, George Tyler, Theodore Fields, Duance Plessinger, Ford Einak, Monica Houston, Raveion Hargrove, Caleb Johnson, Markell Stephens, DeVane Burney, Randle Moore, Princeton Iwegbu, Dewan Love, J.D. Williams, Jay Young, Nia Melson, Robert Critell, Judy Bocock, Matte Clay, David Young, Norman Searce, John Jenkins, Patricia Jenkins, Dallas Daniel, Bobby McDaniel, John Chatman, Jarmarlynn Watkins, John Fecke, Ellsworth Szkularek, Shawn Forester, Jamana Graham, Terney Anderson, Janice Chinn, and James Parker. V. Motion to Enter into an Executive Session Mayor McDonald requested a motion to enter into an Executive Session. A motion was made by Mr. Hankins and seconded by Mr. Sly. Roll call resulted in the following vote: 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. A. Motion to enter into an Executive Session in accordance with City Charter Section 121.22 meeting exceptions to discuss real estate City of Trotwood Page 1 City Council Meeting Minutes September 6, 2016 matter Mayor McDonald requested a motion to adjourn the Executive Session at 6:38 pm. A motion was made by Vice Mayor Gales and seconded by Mr. Sly. 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. VI. Motion to Adjourn the Executive Session Mayor McDonald requested a motion to adjourn the Executive Session at 6:38 pm. A motion was made by Vice Mayor Gales and seconded by Mr. Sly. Roll calll 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. VII. Motion to Approve the Regular Agenda Mayor McDonald requested a motion to approve the regular meeting agenda.. Mr. Sly made the motion and it was seconded by Mr. Hankins. 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. VIII. 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. Mr. Robert Critell representing the Trotwood VFW Post 4270 - reminder to all the 9/11 memorial service this coming Sunday between the hours of 3-5:30 pm members of their post and the local Boy Scout Troop will pass out American flags at Main & Broadway and Main and Olive. A memorial service will be held at the Trotwood Government Center shortly thereafter. IX. PRESENTATIONS/RECOGNITIONS A. Recognition of Twenty Years of Service as Police Chief Quincy E, Pope, Sr. M.P.A., CLEE, CPM Congraultions to Quincy E. Pope, Sr. on his retirement from the Trotwood Police Department for 20 years of service on behalf of the Mayor McDonlad, Trotwood City Council and Trotwood Police Department. B. Twenty Seven Year Retirement Presentation for Deputy Police Chief John M. Porter City of Trotwood Page 2 City Council Meeting Minutes September 6, 2016 Congratulations to Deputy Police Chief John Porter for his 27 years of service with the Trotwood Police Department on behalf of Mayor McDonald, City Council, and Police Department. We wish him well on his new position as Police Chief with Butler Township. X. Motion to Approve the Consent Agenda Mayor McDonald requested a motion to approve the consent agenda. City Manager has requested R16-71 to be removed from the consent agenda. A motion was made by Mr. Sly and seconded by Mr. Hankins. 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. A. Approval of Tuesday, July 5, 2016 Regular Meeting Minutes Attachments: Meeting Minutes Tuesday, July 5, 2016 This Staff Report was read and filed B. Approval of the Monday, July 18, Workshop Meeting Minutes Attachments: Meeting Minutes Monday, July 18, 2016 This Staff Report was read and filed C. Approval of the Monday, August 1, 2016 Special meeting Minutes Attachments: Meeting Minutes August 1, 2016 Special Mtg This Staff Report was read and filed D. Motion to schedule a Public Hearing by the Trotwood City Council and authorize the Law Director to draft required legislation, pursuant to the ORC Code 727 Levying Special Assessments for the 2016 street paving program in the City of Trotwood, Ohio made by constructing repairing or replaced certain sidewalks, curbs, gutters and driveways on North Broadway from Main Street to the Bridge on North Broadway. This Staff Report was read and filed E. A Motion for the Law Director to draft an Ordinance amending the current pages to the Trotwood Code of Ordinances for the Traffic Code, General Offenses for the City of Trotwood, Ohio and declare an emergency. This Staff Report was read and filed F. Motion for the Law Director to prepare an Ordinance to schedule a Public Hearing to repeal old Section 184.051 “Collection at Source”; City of Trotwood Page 3 City Council Meeting Minutes September 6, 2016 Withholding from Qualifying Wages, Section 184.081 ”Credit for Tax Paid to another Municipality”, and Section 184.091 “Return and payment of Tax” of the Trotwood Codified Ordinances and Enacting New Section 184.051 “Collection at Source”; Withholding from Qualifying Wages”, Section 184.081 “Credit for Tax Paid to another Municipality”, and Section 184.091 “Return and Payment of Tax and declare an Emergency. This Staff Report was read and filed G. 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 WOLF CREEK PIKE (PARCEL ID H33 00416 0009) IN ACCORDANCE WITH CHAPTER 5722 OF THE OHIO REVISED CODE. Attachments: R16-69 WOLF CREEK PIKE (PARCEL ID H33 00416 0009) wolf creek pike lot submission package This Resolution was approved H. 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 2515 SHILOH SPRINGS RD (PARCEL ID H33 00514 0013) IN ACCORDANCE WITH CHAPTER 5722 OF THE OHIO REVISED CODE. Attachments: R16-71_ 2515 SHILOH SPRINGS RD (PARCEL ID H33 00514 0013) 2515 Shiloh Springs Submission Package This Resolution was removed from the consent agenda. I. 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 3909 DENLINGER ROAD (PARCEL ID H33 01013 0026) IN ACCORDANCE WITH CHAPTER 5722 OF THE OHIO REVISED CODE. Attachments: R16-72_3909 DENLINGER ROAD (PARCEL ID H33 01013 0026) 9-6-16 3909 Denlinger Road submission package This Resolution was approved J. A RESOLUTION BY THE TROTWOOD CITY COUNCIL City of Trotwood Page 4 City Council Meeting Minutes September 6, 2016 AUTHORIZING THE TROTWOOD COMMUNITY IMPROVEMENT CORPORATION TO INITIATE A PROPERTY TAX FORECLOSURE ACTION ON THE TAX-DELINQUENT LAND KNOWN AS 4537 KNOLLCROFT RD (PARCEL ID H33 01409 0011) IN ACCORDANCE WITH CHAPTER 5722 OF THE OHIO REVISED CODE. Attachments: 4537 Knollcroft submission package This Resolution was approved XI. Public Hearings/Ordinances Motion to Open the Public portion of the meeting. Mayor McDonald, are there any citizens wanting to speak at the Public Hearing about the Ordinances. If so, please stand and raise your right hand for the Mayor to swear you in to speak. Mayor McDonald requested a motion to open the public hearing. A motion was made by Mr. Vaughn and seconded by Mr. Kelley. 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. A. AN ORDINANCE BY THE TROTWOOD CITY COUNCIL TRANSFERRING PROPERTY ON SHILOH SPRINGS ROAD, TROTWOOD, OHIO FROM THE CITY OF TROTWOOD TO BERNARD HOLDINGS LLC AND DECLARING AN EMERGENCY Attachments: OR17-16 BERNARD HOLDINGS, LLC DECLARE AN EMERGENCY 9-6-16 OR17-16 LEGAL NOTICE BERNARD HOLDINGS, LLC DECLARE AN EMERGENCY 9-6-16 The Clerk read the caption. City Manager Pope said this ordinance is for the transfer of 1.00 acre parcel of surplus land on Shiloh Springs currently owned by the city which will be transferred to Bernard Holdings, LLC. The new owner would like to use this land for additional parking. Mayor McDonald requested a motion for OR17-16. A motion was made by Mr. Sly to approve and seconded by Mr. Hankins. 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. AN ORDINANCE TO SCHEDULE A PUBLIC HEARING TO REPEAL OLD SECTION 184.51 “COLLECTION AT SOURCE; WITHHOLDING FROM QUALIFING WAGES; SECTION 184.081 ‘CREDIT FOR TAX PAID TO ANOTHER MUNICIPALITY” AND SECTION 184.091 “RETURN AND PAYMENT OF TAX” OF THE TROTWOOD CODIFIED ORDINANCES AND ENACTING NEW SECTIONS 184.051 “COLLECTION AT SOURCE; WITHHOLDING FROM QUALIFYING WAGES”, SECTION 184.081 ‘CREDIT FOR TAX PAID City of Trotwood Page 5 City Council Meeting Minutes September 6, 2016 TO ANOTHER MUNICIPALITY”, AND SECTION 184.091 ‘RETURN AND PAYMENT OF TAX AND DECLARE AN EMERGENCY. Attachments: OR18-16_Ordinance Amending Sections 184 051 184 081 and 184 091 of Income Tax Chapter (00832859@xA06A8) OR18-16_Ordinance Public Notice Amending Sections 184 051 184 081 and 184 091 of Income Tax Chapter (00832859@xA06A8).docx The Clerk read the caption. City Manager Pope said this ordinance is a statutory requirement required for municipal income tax codes in Ohio. Income Tax Administrator Donna Sue Bowman said part of the changes were SB172 signed by the State Governors office in June 2016 which will go into effect on September 2016. Payment of monthly withholding tax (from HB5) has changed to the 15th of the month. Quarterly tax payments can be paid in the month following the end of quarter. Semi-monthly tax payments in HB5 changed back to the post marked due date. Electronic tax payments are based on the Ohio Gateway Date Stamp is now changed back. Ohio Municipality Tax Credit - more and more states are getting this credit and now we will under the Ohio law. Mayor McDonald requested a motion for OR18-16. A motion was made to approve by Vice Mayor Gales and seconded by Mr. Kelley. 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. AN ORDINANCE TO APPROVE CURRENT REPLACEMENT PAGES TO THE TROTWOOD CODE OF ORDINANCES AND DECLARE AN EMERGENCY. Attachments: OR19-16_Recodified Replacement Pages 2016 Ordinance WALTER DRANE REPLACMENT PAGES ORDINANCE CODE 9-6-16 AS EMERGENCY INVOICE The Clerk read the caption. City Manager reported, this is an annual update of the city codified ordinances that reflect the changes to the traffic code chapter as mandated by the State of Ohio. Mayor McDonald requested a motion for OR19-16. A motion to approve was made by Mr. Sly and seconded by Mr. Hankins. 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. D. AN ORDINANCE ADOPTING NEW SECTION 333.11 “CIVIL PENALTIES FOR HAND-HELD SPEEDING SYSTEM VIOLATIONS” OF THE CITY OF TROTWOOD CODIFIED ORDINANCES. Attachments: OR20-16 HAND HELD SPEEDING SYSTEM CIVIL PENALTIES S.B. 342 Ordinance Adopting Hand-Held System Violations.pdf OR20-16 HAND HELD SPEED SYSTEM PUBLIC NOTICE 9-6-16 The Clerk read the caption. Deputy Police Chief John Porter said these new hand held lazer devises systems designed with the new House Bill 342 that came out on how police agencies can now utilize that fulfills City of Trotwood Page 6 City Council Meeting Minutes September 6, 2016 XII. Motion to Close the Public Hearing Mayor McDonald requested a motion to clsoe the public hearing. A motion was made by Mrs. Finley and seconded by Mr. Sly. 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. Resolutions A. A RESOLUTION BY TROTWOOD CITY COUNCIL AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO PREPARE AND SUBMIT AN APPLICATION TO OPWC (OHIO PUBLIC WORKS COMMISSION) STATE CAPITAL IMPROVEMENT FOR PROGRAM YEAR 2017, ROUND 31; FOR THE OLDE TOWN WATERMAIN IMPROVEMENT, PHASE 1A PROJECT (TROTWOOD BOULEVARD AND N. UNION ROAD). Attachments: R16-66_OPWC OLDE TOWN IMPROVMT WATERMAIN PHASE 1A_YR 2017_9-6-16 R16-66_Final Old Town Water Main Application Attachment The Clerk read the caption. City Manager explained this will improve our water lines along Broadway for us to submit an application to OPWC Ohio Public Works Commission State Capital Improvement Program for year 2017. The project is designed for the Olde Town Watermain Improvement water lines to improve the flow. The total cost of the project is $975,000.00. If accepted, OPWC they will approve $731,250.00 or 75% of the cost. City's share would be $243,750.00 or 25% from our water distribution maintenance fund. Mayor McDonald requested a motion for R16-66. A motion was made to approve by Mr. Hankins and 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. B. A RESOLUTION BY TROTWOOD CITY COUNCIL AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO PREPARE AND SUBMIT AN APPLICATION TO OPWC (OHIO PUBLIC WORKS COMMISSION) STATE CAPITAL IMPROVEMENT FOR PROGRAM YEAR 2017, ROUND 31; FOR THE WOLF CREEK SANITARY SEWER REPLACEMENT PROJECT. Attachments: R16-67 OPWC Grant Wolf Creek (00835321@xA06A8) R16-67 WOLF CREEK SANITARY SEWER APPLICATION ATTACHMENTS The Clerk read the caption. City Manager Pope said, this program is for the year 2017 (Round 31) for the Wolf Creek Sanitary Sewer project along the south branch of Wolf Creek which needs repaired as soon as possible. This will City of Trotwood Page 7 City Council Meeting Minutes September 6, 2016 eliminate three stream crossings and an inverted syphon. Total cost of the project is $756,773. OPWC grant funding would be $567,580 or 75% ; city share would be $189,193 or 25% coming from the storm water funds. Mayor McDonald requested a motion for R16-67. A motion to approve was made by Mr. Vaughn and seconded by Mr. Sly. 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. A RESOLUTION BY THE TROTWOOD CITY COUNCIL ACCEPTING THE BID OF BARRETT PAVING CO. AND AUTHORIZNG THE CITY MANAGER TO ENTER INTO CONTRACT WITH BARRETT PAVING CO FOR THE WOLF CREEK RESURFACING, PROJECT NO 2016-05. FOR AN AMOUNT NOT TO EXCEED $103,450.00. Attachments: R16-68 Wolf Creek Pike Resurfacing Project 96,950.00_9-6-16 Wolf Creek Resurfacing 2016-05 (Bid Results) The Clerk read the caption. City Manager Pope said, the city was awarded $80,000.00 in CDGB funding to resurface and pave Wolf Creek Pike between Main Street and Olive Road to include a 28 ft wide bike path running from the bridge on Main Street to George Street with Thermal pavement markings. The remaining balance of the $23,500.00 will be paid from road annual street resurfacing account. Bid packets went out and the project was awarded to Barrett Paving Company in the amount not to exceed $103,450.00 as the lowest and best. Mayor McDonald requested a motion for R16-68. A motion was made by Mr. Hankins to approve and seconded by Mrs. Finley. 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. D. A RESOLUTION BY THE TROTWOOD CITY COUNCIL IMPOSING A MORATORIUM OF SIX MONTHS ON THE ISSUANCE AND PROCESSING OF ANY PERMITS ALLOWING RETAIL DISPENSARIES, CULTIVATORS, OR PROCESSORS OF MEDICAL MARIJUANA WITHIN THE CITY OF TROTWOOD, OHIO Attachments: R16-75_Resolution Imposing Moratorium on Medical Marijuana (00834407@xA06A8) The Clerk read the caption. Deputy City Manager Kellum reported city council held a workshop about this subject in July. The State of Ohio has different stipulations than Colorado. Processing of any permits allowing retail dispensaries, cultivators or processors are in the Substitute House Bill 523 and Chapter 3796 of the Ohio Revised Code which goes into effect in the State of Ohio on September 8, 2016. All of the support mechanisms are not in place by the State of Ohio; therefore, Trotwood City Council would like to have a six month moratorium to study this subject as it relates to the law. Mayor McDonald requested a motion for R16-75. A motion to approve was made by Mr. Sly and seconded by Vice Mayor Gales. Roll call resulted in the following vote: City of Trotwood Page 8 City Council Meeting Minutes September 6, 2016 Aye: 7- Mayor McDonald, Vice Mayor Gales, Councilmember Hankins, Councilmember Vaughn, Councilmember Finley, Councilmember Kelley Jr. and Councilmember Sly Sr. E. A RESOLUTION AUTHORIZING THE ASSESSMENT OF DELINQUENT CHARGES FOR CUTTING AND REMOVAL OF WEEDS, VEGETATION, AND/OR GRASS TO BE PLACED ON THE MONTGOMERY COUNTY PROPERTY TAX DUPLICATE Attachments: R16-76 Grass, Weeds, Mowing Assessments for 2016 collected 2017 2015 MOWING LIST_2016 ASSESSMENTS The Clerk read the caption. Ms. Jeannie Peyton Planning and Zoning Administrator said the city will be assessing to the Montomgery County Tax duplicate $568,582.88 for the 2015 mowing season for the removal of weeds, vegetation and/or grass from properties here in the City of Trotwood. We mow about 700 properties up to four and five times a year or about 2,500 annually. In 2015 the city has collected $45,437.00 and in 2016 $41,975.00. We charge $225.00 for an administrative fee on each property and $75.00 for the actual mowing. The Public Works Department started doing the mowing instead of outsourcing to contractors starting in the year 2015 & 2016. City Council would like to have the calculations and actual costs for the vacant lots vs. residential owned homes. Appeals process prior to the assessment is an option. Mayor McDonald requested a motion for R16-76. A motion was made by Mr. Hankins to approve and seconded by Mr. Sly. 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. F. A RESOLUTION BY THE COUNCIL OF THE CITY OF TROTWOOD, OHIO, TO CERTIFY DELINQUENT WATER, SEWER, TRASH, AND STORM DRAINAGE BILLS TO THE AUDITOR OF MONTGOMERY COUNTY, STATE OF OHIO, FOR PLACEMENT ON THE MONTGOMERY COUNTY TAX DUPLICATE Attachments: R16-77_ Resolution Water,Sewer, Trash Storm Sewer Delinquencies Sept 9, 2016 R16-77 Water Sewer Trash & Storm TOTAL The Clerk read the caption. Mr. Chris Peeples Finance Director said the assessments for water, sewer, and storm drainage bills will be certified to the Montgomery County Tax duplicate for outstanding balances between August 20, 2015 and August 30, 2016 totaling $512,222.61 that includes delinquent charges and administrative fees. The collections so far for 2016 are $54,000.00 in water, $37,000.00 sewer, $187,000.00 for trash and $83,000.00 storm water fees. Mayor McDonald requested a motion for R16-77. A motion was made by Mr. Sly to approve and seconded by Mr.Hankins. 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 9 City Council Meeting Minutes September 6, 2016 G. A RESOLUTION BY THE CITY COUNCIL AUTHORIZING THE AWARD OF CASH PRIZES TO THE WINNERS OF THE WOLF CREEK-TROTWOOD SMOKE, SIZZLE, & SOUNDS BBQ CONTEST AND KICKBALL CONTEST TO SERVE THE PUBLIC PURPOSE OF RECREATIONAL ACTIVITIES AND COMMUNITY RELATIONS Attachments: R16-79_ BBQ contest resolution (00703115@xA06A8) 9-6-2016 2016 BBQ CONTEST FLYER The Clerk read the caption. City Manager Pope said this resolution is for the annual Smoke, Sizzle & Sound event for cash award totaling $2,025.00 to the winners of the barbecue and kickball contest. Mayor McDonald requested a motion for R16-79. A motion to approve was made by Mr. Hankins and 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. Old & New Business a. Mayor McDonald: 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 pm. Boards and Commissions Announcement - City is looking for volunteers for the vacancies on the City Boards and Commissions. Applications are available at the sign in table for those interested. Detailed announcement is available on the city web site at www.trotwood.org/boards and commissions or contact Clerk of Council. Vacancies are open for the following: Board of Zoning Appeals two (2) terms have expired, Planning Commission two (2) terms have expired, Income Tax & Utility Board three (3) terms expired, Property Maintenance Appeals three (3) terms have expired, Tree Preservation two (2) citizens are needed. Volunteers must be a resident. 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 is excited about the technology company coming to our city. Their operations consists of building and shipping media players, outdoor message boards and display systems to hire 50 employees now and potentially 300 total. Their vision is to have a training program for the kids in the Trotwood School system. Also, we have three new city council members and others to get them trained for them to be in NIMS compliant. Fire Chief Milliken will take the lead to get this training session underway. c. Council Members City of Trotwood Page 10 City Council Meeting Minutes September 6, 2016 Mayor McDonald announced that a new digital technological company called Stratacache (a $500,000.00 net worth company overall) who will be occupying a vacant building located at 1 Modern Way in the Trotwood Industrial park. The City held a Welcome Ceremony for their chief executives, Trotwood City Council and the general public all attended. A big thank you to everyone involved in supporting our community to make this happen. Councilman Hankins - City's Block Party last weekend had to be shut down due to bad high winds and rain within 1/2 hour. Thank you to everyone who helped protect the safety of the kids and adults since the storm hit suddenly. Councilwoman Finley - Absenteeism ballots are available citizens; please get out an vote. UPS has job openings available to hire part time with full time benefits, you must be 18 years of age. Also, the YMCA is also hiring. More information will be posted on the city web site. Vice Mayor Gales - Would like to see Welcome Boards in the city. Councilman Vaughn - This city is a bi-partisan community when you go out to vote keep that in and. Councilman Kelly - Thank you Public Works Department for the repair of the watermain break on Olive Road that effected his subdivision along with the updates for him to report to his constituents. Councilman Sly - Thank you to the young men and women who attended the meeting tonight. The student should travel to the State House in Columbus with our State Representative to see how government functions. State Representative Jeff Rezabeck thanked everyone for coming out to the Stratacashe and will support them in any way he can. City of Trotwood is doing a wonderful job to bring this economic development opportunities to our city. d. Staff Reports A. Application for Stock Liquor Transfer Permit Change# 935794101548 for 5271 Salem Avenue Walgreen Co. DBA Walgreens store 01548, 5271 Salem Avenue, Trotwood, Ohio 45426. Motion is requested to accept without comment. Attachments: Notice to Legislative Authority.pdf Police Notification.pdf Permit definitions.pdf Trotwood Permit Quota 8-25-16.pdf Liquor Permit Walgreens 5271 Salem Stock Ownership Transfer.pdf Police Chief Erik Wilson stated this is for a stock transfer permit for the Walgreens store which changed due to a change in the leadership. Police Department does not object to this permit submittal. Mayor McDonald requested a motion to approve without comment. A motion was made by Mr. Hankins to approve and seconded by Vice Mayor Gales. Roll call resulted in the following vote: Aye: 6- Mayor McDonald, Vice Mayor Gales, Councilmember Hankins, Councilmember Vaughn, Councilmember Kelley Jr. and Councilmember Sly Sr. Abstain: 1- Councilmember Finley B. Application for New Liquor License #22348152205 for 4000 Salem City of Trotwood Page 11 City Council Meeting Minutes September 6, 2016 Avenue, from DOLGEN Midwest LLC DBA Dollar General store #16895, 4000 Salem Avenue, Trotwood, Ohio 45406. Attachments: Notice to Legislative Authority.pdf Police Notification.pdf Permit definitions.pdf Trotwood Permit Quota 8-25-16.pdf Police Chief Wilson said this permit is for Dolgen Midwest LLC dba Dollar General Store located at 4000 Salem Avenue. They are asking for a new C1 & C2 permit to sell beer, wine and mixed beverages in sealed containers for carry out only. Police Department had no objection to this submittal. Mayor McDonald requested a motion to accept without comment. A motion was made by Vice Mayor Gales to approve and seconded by Mr. Hankins. Roll call resulted in the following vote: Aye: 5- Mayor McDonald, Vice Mayor Gales, Councilmember Hankins, Councilmember Kelley Jr. and Councilmember Sly Sr. Abstain: 2- Councilmember Vaughn and Councilmember Finley C. Application for Stock Transfer Permit Change# 56538490010 for 4949 N. Union Road Maxs Sports and Spirits Inc. DBA Grills Tavern, 4949 N. Union Road, Trotwood, Ohio 45426. Motion is requested to accept without comment. Attachments: Notice to Legislative Authority.pdf Police Notification.pdf Permit Definitions.pdf Trotwood Permit Quota 8-25-16.pdf Police Chief Wilson said this permit is for Maxs Sports and Spirits DBA Grills Tavern located at 4949 N. Union Road. They are asking for a stock transfer permit change due to new leadership which requires changes to their current D5 & D6 permits. Only the names on the permit will be changed. Police Department had no objection to this submittal. Mayor McDonald requested a motion to accept without comment. A motion was made by Mr.Sly to approve and seconded by Mr. Hankins. Roll call resulted in the following vote: Aye: 6- Mayor McDonald, Vice Mayor Gales, Councilmember Hankins, Councilmember Vaughn, Councilmember Kelley Jr. and Councilmember Sly Sr. Abstain: 1- Councilmember Finley D. Ohio Attorney General Mike Dewine Sunshine Laws Training program Attachments: Sunshine Law Training Session Motion_Clerk 216 Public Records O.R.C. 109.43 Clerk of Council Sandy Riege Fuller announced City Council and the public will be able to attend two educational training sessions as promoted by the Ohio Attorney Mike DeWines office. The subject will be "Open Public Records and City of Trotwood Page 12 City Council Meeting Minutes September 6, 2016 Open Meeting Laws" from the Ohio Revised Code 149.43. Sessions are for three hours at no cost. Two location's in Eaton and Fairborn are available for you to sign up online. All city new city counicl members and/or a designee have to attend to receive certication according to the State Auditor's office. E. Motion to move the September 19, 2016, 6:30 p.m. City Council Workshop meeting to Ward 1 at constituent facility known as ‘Hastings Farm’, located at 5226 Seybold Road, Trotwood, Ohio Mayor McDonald announced the Monday, September 19, 2016 city council workshop meeting will be held at the Hastings' Farm, 5226 Seybold Road in Trotwood. Mayor McDonald asked for a motion to approve. A motion was made by Mr. Hankins to approve and it was seconded by Mr. Sly. 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. XV. Motion to Adjourn Regular meeting Mayor McDonald requested a motion to adjourn the meeting at 8:45 pm. A motion was made by Mayor McDoanld and 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. City of Trotwood Page 13

Agenda

City of Trotwood 3035 Olive Road Trotwood, Ohio 45426 937-837-7771 www.trotwood.org Meeting Agenda - Final-revised Tuesday, September 6, 2016 6:15 PM Executive Session & Regular Meeting 6:30 pm 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 Agenda - Final-revised September 6, 2016 I. Call to Order - Mayor Mary A. McDonald II. Invocation by Pastor Norman J. Scearce III III. Pledge of Allegiance IV. Roll Call - Clerk of Council V. Motion to Enter into an Executive Session A. 16-58 Motion to enter into an Executive Session in accordance with City Charter Section 121.22 meeting exceptions to discuss real estate matter VI. Motion to Adjourn the Executive Session VII. Motion to Approve the Regular Agenda VIII. 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. IX. PRESENTATIONS/RECOGNITIONS A. PR043-16 Recognition of Twenty Years of Service as Police Chief Quincy E, Pope, Sr. M.P.A., CLEE, CPM B. PR042-16 Twenty Seven Year Retirement Presentation for Deputy Police Chief John M. Porter X. Motion to Approve the Consent Agenda A. 16-63 Approval of Tuesday, July 5, 2016 Regular Meeting Minutes Attachments: Meeting Minutes Tuesday, July 5, 2016 B. 16-64 Approval of the Monday, July 18, Workshop Meeting Minutes Attachments: Meeting Minutes Monday, July 18, 2016 C. 16-65 Approval of the Monday, August 1, 2016 Special meeting Minutes Attachments: Meeting Minutes August 1, 2016 Special Mtg City of Trotwood Page 2 Printed on 9/6/2016 City Council Meeting Agenda - Final-revised September 6, 2016 D. 16-41 Motion to schedule a Public Hearing by the Trotwood City Council and authorize the Law Director to draft required legislation, pursuant to the ORC Code 727 Levying Special Assessments for the 2016 street paving program in the City of Trotwood, Ohio made by constructing repairing or replaced certain sidewalks, curbs, gutters and driveways on North Broadway from Main Street to the Bridge on North Broadway. E. 16-57 A Motion for the Law Director to draft an Ordinance amending the current pages to the Trotwood Code of Ordinances for the Traffic Code, General Offenses for the City of Trotwood, Ohio and declare an emergency. F. 16-59 Motion for the Law Director to prepare an Ordinance to schedule a Public Hearing to repeal old Section 184.051 “Collection at Source”; Withholding from Qualifying Wages, Section 184.081 ”Credit for Tax Paid to another Municipality”, and Section 184.091 “Return and payment of Tax” of the Trotwood Codified Ordinances and Enacting New Section 184.051 “Collection at Source”; Withholding from Qualifying Wages”, Section 184.081 “Credit for Tax Paid to another Municipality”, and Section 184.091 “Return and Payment of Tax and declare an Emergency. G. R16-69 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 WOLF CREEK PIKE (PARCEL ID H33 00416 0009) IN ACCORDANCE WITH CHAPTER 5722 OF THE OHIO REVISED CODE. Attachments: R16-69 WOLF CREEK PIKE (PARCEL ID H33 00416 0009) wolf creek pike lot submission package H. R16-71 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 2515 SHILOH SPRINGS RD (PARCEL ID H33 00514 0013) IN ACCORDANCE WITH CHAPTER 5722 OF THE OHIO REVISED CODE. Attachments: R16-71_ 2515 SHILOH SPRINGS RD (PARCEL ID H33 00514 0013) 2515 Shiloh Springs Submission Package I. R16-72 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 3909 DENLINGER ROAD (PARCEL ID H33 01013 0026) IN ACCORDANCE WITH CHAPTER 5722 OF THE OHIO REVISED CODE. Attachments: R16-72_3909 DENLINGER ROAD (PARCEL ID H33 01013 0026) 9-6-16 3909 Denlinger Road submission package City of Trotwood Page 3 Printed on 9/6/2016 City Council Meeting Agenda - Final-revised September 6, 2016 J. R16-73 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 4537 KNOLLCROFT RD (PARCEL ID H33 01409 0011) IN ACCORDANCE WITH CHAPTER 5722 OF THE OHIO REVISED CODE. Attachments: 4537 Knollcroft submission package XI. Public Hearings/Ordinances Motion to Open the Public portion of the meeting. Mayor McDonald, are there any citizens wanting to speak at the Public Hearing about the Ordinances. If so, please stand and raise your right hand for the Mayor to swear you in to speak. A. OR17-16 AN ORDINANCE BY THE TROTWOOD CITY COUNCIL TRANSFERRING PROPERTY ON SHILOH SPRINGS ROAD, TROTWOOD, OHIO FROM THE CITY OF TROTWOOD TO BERNARD HOLDINGS LLC AND DECLARING AN EMERGENCY Attachments: OR17-16 BERNARD HOLDINGS, LLC DECLARE AN EMERGENCY 9-6-16 OR17-16 LEGAL NOTICE BERNARD HOLDINGS, LLC DECLARE AN EMERGENCY 9-6-16 B. OR18-16 AN ORDINANCE TO SCHEDULE A PUBLIC HEARING TO REPEAL OLD SECTION 184.51 “COLLECTION AT SOURCE; WITHHOLDING FROM QUALIFING WAGES; SECTION 184.081 ‘CREDIT FOR TAX PAID TO ANOTHER MUNICIPALITY” AND SECTION 184.091 “RETURN AND PAYMENT OF TAX” OF THE TROTWOOD CODIFIED ORDINANCES AND ENACTING NEW SECTIONS 184.051 “COLLECTION AT SOURCE; WITHHOLDING FROM QUALIFYING WAGES”, SECTION 184.081 ‘CREDIT FOR TAX PAID TO ANOTHER MUNICIPALITY”, AND SECTION 184.091 ‘RETURN AND PAYMENT OF TAX AND DECLARE AN EMERGENCY. Attachments: OR18-16_Ordinance Amending Sections 184 051 184 081 and 184 091 of Income Tax Chapter ( OR18-16_Ordinance Public Notice Amending Sections 184 051 184 081 and 184 091 of Income C. OR19-16 AN ORDINANCE TO APPROVE CURRENT REPLACEMENT PAGES TO THE TROTWOOD CODE OF ORDINANCES AND DECLARE AN EMERGENCY. Attachments: OR19-16_Recodified Replacement Pages 2016 Ordinance WALTER DRANE REPLACMENT PAGES ORDINANCE CODE 9-6-16 AS EMERGENCY INVOI D. OR20-16 AN ORDINANCE ADOPTING NEW SECTION 333.11 “CIVIL PENALTIES FOR HAND-HELD SPEEDING SYSTEM VIOLATIONS” OF THE CITY OF TROTWOOD CODIFIED ORDINANCES. Attachments: OR20-16 HAND HELD SPEEDING SYSTEM CIVIL PENALTIES S.B. 342 Ordinance Adopting Hand-Held System Violations.pdf OR20-16 HAND HELD SPEED SYSTEM PUBLIC NOTICE 9-6-16 City of Trotwood Page 4 Printed on 9/6/2016 City Council Meeting Agenda - Final-revised September 6, 2016 XII. Motion to Close the Public Hearing XII. Resolutions A. R16-66 A RESOLUTION BY TROTWOOD CITY COUNCIL AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO PREPARE AND SUBMIT AN APPLICATION TO OPWC (OHIO PUBLIC WORKS COMMISSION) STATE CAPITAL IMPROVEMENT FOR PROGRAM YEAR 2017, ROUND 31; FOR THE OLDE TOWN WATERMAIN IMPROVEMENT, PHASE 1A PROJECT (TROTWOOD BOULEVARD AND N. UNION ROAD). Attachments: R16-66_OPWC OLDE TOWN IMPROVMT WATERMAIN PHASE 1A_YR 2017_9-6-16 R16-66_Final Old Town Water Main Application Attachment B. R16-67 A RESOLUTION BY TROTWOOD CITY COUNCIL AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO PREPARE AND SUBMIT AN APPLICATION TO OPWC (OHIO PUBLIC WORKS COMMISSION) STATE CAPITAL IMPROVEMENT FOR PROGRAM YEAR 2017, ROUND 31; FOR THE WOLF CREEK SANITARY SEWER REPLACEMENT PROJECT. Attachments: R16-67 OPWC Grant Wolf Creek (00835321@xA06A8) R16-67 WOLF CREEK SANITARY SEWER APPLICATION ATTACHMENTS C. R16-68 A RESOLUTION BY THE TROTWOOD CITY COUNCIL ACCEPTING THE BID OF BARRETT PAVING CO. AND AUTHORIZNG THE CITY MANAGER TO ENTER INTO CONTRACT WITH BARRETT PAVING CO FOR THE WOLF CREEK RESURFACING, PROJECT NO 2016-05. FOR AN AMOUNT NOT TO EXCEED $103,450.00. Attachments: R16-68 Wolf Creek Pike Resurfacing Project 96,950.00_9-6-16 Wolf Creek Resurfacing 2016-05 (Bid Results) D. R16-75 A RESOLUTION BY THE TROTWOOD CITY COUNCIL IMPOSING A MORATORIUM OF SIX MONTHS ON THE ISSUANCE AND PROCESSING OF ANY PERMITS ALLOWING RETAIL DISPENSARIES, CULTIVATORS, OR PROCESSORS OF MEDICAL MARIJUANA WITHIN THE CITY OF TROTWOOD, OHIO Attachments: R16-75_Resolution Imposing Moratorium on Medical Marijuana (00834407@xA06A8) E. R16-76 A RESOLUTION AUTHORIZING THE ASSESSMENT OF DELINQUENT CHARGES FOR CUTTING AND REMOVAL OF WEEDS, VEGETATION, AND/OR GRASS TO BE PLACED ON THE MONTGOMERY COUNTY PROPERTY TAX DUPLICATE Attachments: R16-76 Grass, Weeds, Mowing Assessments for 2016 collected 2017 2015 MOWING LIST_2016 ASSESSMENTS City of Trotwood Page 5 Printed on 9/6/2016 City Council Meeting Agenda - Final-revised September 6, 2016 F. R16-77 A RESOLUTION BY THE COUNCIL OF THE CITY OF TROTWOOD, OHIO, TO CERTIFY DELINQUENT WATER, SEWER, TRASH, AND STORM DRAINAGE BILLS TO THE AUDITOR OF MONTGOMERY COUNTY, STATE OF OHIO, FOR PLACEMENT ON THE MONTGOMERY COUNTY TAX DUPLICATE Attachments: R16-77_ Resolution Water,Sewer, Trash Storm Sewer Delinquencies Sept 9, 2016 R16-77 Water Sewer Trash & Storm TOTAL G. R16-79 A RESOLUTION BY THE CITY COUNCIL AUTHORIZING THE AWARD OF CASH PRIZES TO THE WINNERS OF THE WOLF CREEK-TROTWOOD SMOKE, SIZZLE, & SOUNDS BBQ CONTEST AND KICKBALL CONTEST TO SERVE THE PUBLIC PURPOSE OF RECREATIONAL ACTIVITIES AND COMMUNITY RELATIONS Attachments: R16-79_ BBQ contest resolution (00703115@xA06A8) 9-6-2016 2016 BBQ CONTEST FLYER XIV. Old & New Business a. Mayor McDonald: 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 pm. Boards and Commissions Announcement - City is looking for volunteers for the vacancies on the City Boards and Commissions. Applications are available at the sign in table for those interested. Detailed announcement is available on the city web site at www.trotwood.org/boards and commissions or contact Clerk of Council. 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 A. 16-60 Application for Stock Liquor Transfer Permit Change# 935794101548 for 5271 Salem Avenue Walgreen Co. DBA Walgreens store 01548, 5271 Salem Avenue, Trotwood, Ohio 45426. Motion is requested to accept without comment. Attachments: Notice to Legislative Authority.pdf Police Notification.pdf Permit definitions.pdf Trotwood Permit Quota 8-25-16.pdf Liquor Permit Walgreens 5271 Salem Stock Ownership Transfer.pdf City of Trotwood Page 6 Printed on 9/6/2016 City Council Meeting Agenda - Final-revised September 6, 2016 B. 16-61 Application for New Liquor License #22348152205 for 4000 Salem Avenue, from DOLGEN Midwest LLC DBA Dollar General store #16895, 4000 Salem Avenue, Trotwood, Ohio 45406. Attachments: Notice to Legislative Authority.pdf Police Notification.pdf Permit definitions.pdf Trotwood Permit Quota 8-25-16.pdf C. 16-62 Application for Stock Transfer Permit Change# 56538490010 for 4949 N. Union Road Maxs Sports and Spirits Inc. DBA Grills Tavern, 4949 N. Union Road, Trotwood, Ohio 45426. Motion is requested to accept without comment. Attachments: Notice to Legislative Authority.pdf Police Notification.pdf Permit Definitions.pdf Trotwood Permit Quota 8-25-16.pdf D. 16-66 Ohio Attorney General Mike Dewine Sunshine Laws Training program Attachments: Sunshine Law Training Session Motion_Clerk 216 Public Records O.R.C. 109.43 E. 16-67 Motion to move the September 19, 2016, 6:30 p.m. City Council Workshop meeting to Ward 1 at constituent facility known as ‘Hastings Farm’, located at 5226 Seybold Road, Trotwood, Ohio XV. Motion to Adjourn Regular meeting City of Trotwood Page 7 Printed on 9/6/2016

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