City Council

City of Trotwood 3035 Olive Road Trotwood, Ohio 45426 937.837.7771 www.trotwood.org Meeting Minutes Monday, October 2, 2017 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 James D. Williams II David Young, Deputy Clerk of Council City Council Meeting Minutes October 2, 2017 I. Call to Order: Mayor Mary A. McDonald Mayor McDonald called the meeting to order at 6:30pm. Guests Present: Dylon Lauderdale, Makia Henderson, Alexis Twitty, Jumel Kirk, Sam Scules, Taelor Jamison, Steven Champion, Duane Plessinger, Raisheyl Grant, Kyla Goins, Janice Chinn, Tonnette Wright, Martha Erwin, Mar Nazjha Johnson, Mya Fairclooth, Lateah Johson, Tyna Brown, Caleal Brant, Mancr Mitten, Jalia Chapman, Mattie Clay, Barbara Higgins, Mayra Garke, John Fecke, Dallas Daniels, Taron Britt, Kennedy Poates, Vicky Van Scoyk, Tyrann Thomas, Yvette Page, Wanda Lander, Angela Battle, Tom Grandy, Sister Joan Christopher Staff Present: City Manager Quincy Pope, Deputy Clerk of Council David Young, Steve McHugh, Stephanie Kellum, Chris Peeples, Donna Bowman, Fred Burkhardt, Eric Baxter, Chief Erik Wilson, Chief Rick Haacke, Deputy Chief Thomas Barnett, Brenda Blauser II. Invocation: Matt Kuntz III. Pledge of Allegiance IV. Roll Call: Deputy Clerk of Council Present: 4 - Mayor Mary A. McDonald, Councilmember Rhonda C. Finley, Councilmember Robert L. Kelley Jr. and Councilmember James D. Williams II Excused: 3 - Vice Mayor Bettye L. Gales, Councilmember Rap Hankins and Councilmember Charles Ron Vaughn Present: 4 - Mayor Mary A. McDonald, Councilmember Rhonda C. Finley, Councilmember Robert L. Kelley Jr. and Councilmember James D. Williams II Excused: 3 - Vice Mayor Bettye L. Gales, Councilmember Rap Hankins and Councilmember Charles Ron Vaughn V. Motion to Approve the Agenda Mayor McDonald requests a motion on this item. A motion was made by Councilmember Williams II, seconded by Councilmember Kelley, Jr., that this be approve the agenda as submitted. The motion carried by the following vote: Aye: 4- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr. and Councilmember Williams II Excused: 3- Vice Mayor Gales, Councilmember Hankins and Councilmember Vaughn Aye: 4- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr. and Councilmember Williams II Excused: 3- Vice Mayor Gales, Councilmember Hankins and Councilmember Vaughn City of Trotwood Page 1 City Council Meeting Minutes October 2, 2017 VI. Visitors & Communications: To make a comment to City Council, 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. VII. Special Presentations and Recognitions A. A PROCLAMATION BY MAYOR AND COUNCIL CELEBRATING DAYTON NUTRA FOODS 60 YEARS IN BUSINESS Mayor McDonald presented a Proclamation to Dayton Nutra Foods for 60 years in business. VIII. Motion to Approve the Consent Agenda Mayor McDonald requests a motion on this item. A motion was made by Councilmember Williams II, seconded by Councilmember Kelley, Jr., that this be approved on the Consent Agenda. The motion carried by the following vote: Aye: 4- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr. and Councilmember Williams II Excused: 3- Vice Mayor Gales, Councilmember Hankins and Councilmember Vaughn Aye: 4- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr. and Councilmember Williams II Excused: 3- Vice Mayor Gales, Councilmember Hankins and Councilmember Vaughn A. A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING THE TROTWOOD COMMUNITY IMPROVEMENT CORPORATION TO INITIATE A PROPERTY TAX FORECLOSURE ACTION UPON THE TAX- DELINQUENT LAND KNOWN AS 1490 AZALEA DR (PARCEL ID H33 01213 0038) LOCATED IN TROTWOOD, OHIO, IN ACCORDANCE WITH CHAPTER5722 OF THE OHIO REVISED CODE. Attachments: R17-102 R17-102 Attachment Mayor McDonald requests a motion on this item. A motion was made by Councilmember Williams II, seconded by Councilmember Kelley, Jr., that this Resolution be approved. The motion carried by the following vote: Aye: 4- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr. and Councilmember Williams II Excused: 3- Vice Mayor Gales, Councilmember Hankins and Councilmember Vaughn Aye: 4- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr. and Councilmember Williams II Excused: 3- Vice Mayor Gales, Councilmember Hankins and Councilmember Vaughn City of Trotwood Page 2 City Council Meeting Minutes October 2, 2017 B. 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 1525 AZALEA DR (PARCEL ID H33 01213 0045) IN ACCORDANCE WITH CHAPTER 5722 OF THE OHIO REVISED CODE. Attachments: R17-103 R17-103 Attachment Mayor McDonald requests a motion on this item. A motion was made by Councilmember Williams II, seconded by Councilmember Kelley, Jr., that this Resolution be approved. The motion carried by the following vote: Aye: 4- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr. and Councilmember Williams II Excused: 3- Vice Mayor Gales, Councilmember Hankins and Councilmember Vaughn Aye: 4- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr. and Councilmember Williams II Excused: 3- Vice Mayor Gales, Councilmember Hankins and Councilmember Vaughn C. 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 1511 ELAINE ST (PARCEL ID H33 01212 0003) IN ACCORDANCE WITH CHAPTER 5722 OF THE OHIO REVISED CODE. Attachments: R17-104 R17-104 Attachment Mayor McDonald requests a motion on this item. A motion was made by Councilmember Williams II, seconded by Councilmember Kelley, Jr., that this Resolution be approved. The motion carried by the following vote: Aye: 4- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr. and Councilmember Williams II Excused: 3- Vice Mayor Gales, Councilmember Hankins and Councilmember Vaughn Aye: 4- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr. and Councilmember Williams II Excused: 3- Vice Mayor Gales, Councilmember Hankins and Councilmember Vaughn D. 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 4891 LIVE OAK DR (PARCEL City of Trotwood Page 3 City Council Meeting Minutes October 2, 2017 ID H33 01212 0026) IN ACCORDANCE WITH CHAPTER 5722 OF THE OHIO REVISED CODE. Attachments: R17-105 R17-105 Attachment Mayor McDonald requests a motion on this item. A motion was made by Councilmember Williams II, seconded by Councilmember Kelley, Jr., that this Resolution be approved. The motion carried by the following vote: Aye: 4- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr. and Councilmember Williams II Excused: 3- Vice Mayor Gales, Councilmember Hankins and Councilmember Vaughn Aye: 4- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr. and Councilmember Williams II Excused: 3- Vice Mayor Gales, Councilmember Hankins and Councilmember Vaughn E. 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 4975 LIVE OAK DR (PARCEL ID H33 01212 0032) IN ACCORDANCE WITH CHAPTER 5722 OF THE OHIO REVISED CODE. Attachments: R17-106 R17-106 Attachment Mayor McDonald requests a motion on this item. A motion was made by Councilmember Williams II, seconded by Councilmember Kelley, Jr., that this Resolution be approved. The motion carried by the following vote: Aye: 4- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr. and Councilmember Williams II Excused: 3- Vice Mayor Gales, Councilmember Hankins and Councilmember Vaughn Aye: 4- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr. and Councilmember Williams II Excused: 3- Vice Mayor Gales, Councilmember Hankins and Councilmember Vaughn F. 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 1520 AZALEA DR (PARCEL ID H33 01211 0016) IN ACCORDANCE WITH CHAPTER 5722 OF THE OHIO REVISED CODE. Attachments: R17-107 R17-107 Attachment City of Trotwood Page 4 City Council Meeting Minutes October 2, 2017 Mayor McDonald requests a motion on this item. A motion was made by Councilmember Williams II, seconded by Councilmember Kelley, Jr., that this Resolution be approved. The motion carried by the following vote: Aye: 4- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr. and Councilmember Williams II Excused: 3- Vice Mayor Gales, Councilmember Hankins and Councilmember Vaughn Aye: 4- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr. and Councilmember Williams II Excused: 3- Vice Mayor Gales, Councilmember Hankins and Councilmember Vaughn G. A MOTION TO REQUEST THE LAW DIRECTOR TO DRAFT LEGISLATION AND SCHEDULE A PUBLIC HEARING FOR THE TRANSFER OF LAND. Mayor McDonald requests a motion on this item. A motion was made by Councilmember Williams II, seconded by Councilmember Kelley, Jr., that this Staff Report be read and filed. The motion carried by the following vote: Aye: 4- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr. and Councilmember Williams II Excused: 3- Vice Mayor Gales, Councilmember Hankins and Councilmember Vaughn Aye: 4- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr. and Councilmember Williams II Excused: 3- Vice Mayor Gales, Councilmember Hankins and Councilmember Vaughn IX. Motion to Open the Public Hearing If you wish to make a comment on the Public Hearing Portion of the meeting please stand and be sworn-in. Proceed to the microphone, state your name and address, proceed with your comments. You will have three (3) minutes to speak. Mayor McDonald requests a motion on this item. A motion was made by Councilmember Williams II, seconded by Councilmember Finley, that this be open the public portion of this meeting. The motion carried by the following vote: Aye: 4- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr. and Councilmember Williams II Excused: 3- Vice Mayor Gales, Councilmember Hankins and Councilmember Vaughn Aye: 4- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr. and Councilmember Williams II Excused: 3- Vice Mayor Gales, Councilmember Hankins and Councilmember Vaughn A. AN ORDINANCE BY THE TROTWOOD CITY COUNCIL REPEALING OLD SECTION 184.10 “PENALTY, INTEREST, FEES, AND CHARGES” AND ENACTING NEW SECTION 184.10 “PENALTY, INTEREST, FEES, AND CHARGES” AND DECLARING AN EMERGENCY. City of Trotwood Page 5 City Council Meeting Minutes October 2, 2017 Attachments: OR28-17 Mayor McDonald requests a motion on this item. A motion was made by Councilmember Kelley, Jr., seconded by Councilmember Williams II, that this Ordinance be adopted as amended. The motion carried by the following vote: Aye: 4- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr. and Councilmember Williams II Excused: 3- Vice Mayor Gales, Councilmember Hankins and Councilmember Vaughn Aye: 4- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr. and Councilmember Williams II Excused: 3- Vice Mayor Gales, Councilmember Hankins and Councilmember Vaughn X. Motion to Close the Public Hearing Mayor McDonald requests a motion on this item. A motion was made by Councilmember Williams II, seconded by Councilmember Kelley, Jr., that this be close the public portion of this meeting. The motion carried by the following vote: Aye: 4- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr. and Councilmember Williams II Excused: 3- Vice Mayor Gales, Councilmember Hankins and Councilmember Vaughn Aye: 4- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr. and Councilmember Williams II Excused: 3- Vice Mayor Gales, Councilmember Hankins and Councilmember Vaughn XI. Resolutions A. A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING THE CITY MANAGER TO DECLARE CERTAIN OBSOLETE AND/OR SURPLUS TAX EQUIPMENT AS NO LONGER NEEDED FOR A PUBLIC PURPOSE AND AUTHORIZING SAID PROPERTY FROM THE TROTWOOD TAX DEPARTMENT TO BE SOLD ON GOVDEALS.COM OR PROPERTYROOM.COM. Attachments: R17-108 R17-108 Attachment Mayor McDonald requests a motion on this item. A motion was made by Councilmember Williams II, seconded by Councilmember Kelley, Jr., that this Resolution be approved. The motion carried by the following vote: Aye: 4- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr. and Councilmember Williams II Excused: 3- Vice Mayor Gales, Councilmember Hankins and Councilmember Vaughn City of Trotwood Page 6 City Council Meeting Minutes October 2, 2017 Aye: 4- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr. and Councilmember Williams II Excused: 3- Vice Mayor Gales, Councilmember Hankins and Councilmember Vaughn B. A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SUBMIT APPLICATION(S) FOR FEDERAL FAST ACT FUNDS THROUGH THE MIAMI VALLEY REGIONAL PLANNING COMMISSION FOR THE PURPOSE OF RESURFACING SECTIONS OF FREE PIKE FROM STATE ROUTE 49 TO NEAR THE INTERSECTION OF BRUMBAUGH BOULEVARD, AND FREE PIKE AND MAIN STREET FROM STATE ROUTE 49 TO THE INTERSECTION OF WOLF CREEK PIKE AND MAIN STREET, AND/OR FOR THE REPAIR OF THOROUGHFARES WITHIN THE CITY OF TROTWOOD. Attachments: R17-109 R17-109 Attachment Mayor McDonald requests a motion on this item. A motion was made by Councilmember Williams II, seconded by Councilmember Finley, that this Resolution be approved. The motion carried by the following vote: Aye: 4- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr. and Councilmember Williams II Excused: 3- Vice Mayor Gales, Councilmember Hankins and Councilmember Vaughn Aye: 4- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr. and Councilmember Williams II Excused: 3- Vice Mayor Gales, Councilmember Hankins and Councilmember Vaughn C. A RESOLUTION BY THE TROTWOOD CITY COUNCIL TO ACCEPT THE RATES AS DETERMINED BY THE BUDGET COMMISSION AND AUTHORIZING THE NECESSARY TAX LEVIES AND CERTIFYING THEM TO THE MONTGOMERY COUNTY AUDITOR. Attachments: R17-110 Mayor McDonald requests a motion on this item. A motion was made by Councilmember Williams II, seconded by Councilmember Finley, that this Resolution be approved. The motion carried by the following vote: Aye: 4- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr. and Councilmember Williams II Excused: 3- Vice Mayor Gales, Councilmember Hankins and Councilmember Vaughn Aye: 4- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr. and Councilmember Williams II Excused: 3- Vice Mayor Gales, Councilmember Hankins and Councilmember Vaughn City of Trotwood Page 7 City Council Meeting Minutes October 2, 2017 D. A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING THE CITY MANAGER TO JOIN A COALITION OF MUNICIPALITIES RETAINING SPECIAL COUNSEL FOR PURPOSES OF INITIATING LITIGATION TO CHALLENGE THE CONSTITUTIONALITY OF AMENDMENTS TO CHAPTER 718 OF THE OHIO REVISED CODE RELATING TO MUNICIPAL INCOME TAX. Attachments: R17-111 Mayor McDonald requests a motion on this item. A motion was made by Councilmember Williams II, seconded by Councilmember Kelley, Jr., that this Resolution be approved. The motion carried by the following vote: Aye: 4- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr. and Councilmember Williams II Excused: 3- Vice Mayor Gales, Councilmember Hankins and Councilmember Vaughn Aye: 4- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr. and Councilmember Williams II Excused: 3- Vice Mayor Gales, Councilmember Hankins and Councilmember Vaughn XII. Staff Reports A. COUNCIL REVIEW - OHIO DIVISION OF LIQUOR CONTROL NEW APPLICATION OF C1 & C2 PERMIT FOR FAMILY DOLLAR STORES OF OHIO INC, DBA FAMILY DOLLAR 8716, LOCATED AT 5335 SALEM AVENUE TROTWOOD, OHIO 45426. PERMIT APPLICATION # 26312750435 - MOTION IS REQUIRED WITHOUT COMMENT. Attachments: 10.02.2017 Liquor Permit Mayor McDonald requests a motion on this item. A motion was made by Councilmember Williams II, seconded by Councilmember Kelley, Jr., that this Staff Report be read and filed. The motion carried by the following vote: Aye: 4- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr. and Councilmember Williams II Excused: 3- Vice Mayor Gales, Councilmember Hankins and Councilmember Vaughn Aye: 4- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr. and Councilmember Williams II Excused: 3- Vice Mayor Gales, Councilmember Hankins and Councilmember Vaughn XIII. Old & New Business a. Mayor: To schedule an appointment with the Mayor, contact David Young at 937.854.7212 between the hours of 8am - 5 pm. b. Council Members City of Trotwood Page 8 City Council Meeting Minutes October 2, 2017 c. 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 utilizing your email address or mobile phone. XIV. Motion to Adjourn Mayor McDonald requests a motion on this item. A motion was made by Councilmember Kelley, Jr., seconded by Councilmember Finley, that this be adjourned. The motion carried by the following vote: Aye: 4- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr. and Councilmember Williams II Excused: 3- Vice Mayor Gales, Councilmember Hankins and Councilmember Vaughn Aye: 4- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr. and Councilmember Williams II Excused: 3- Vice Mayor Gales, Councilmember Hankins and Councilmember Vaughn City of Trotwood Page 9