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City Council

Regular Meeting

Trotwood, OH · October 4, 2021

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City of Trotwood 3035 Olive Road Trotwood, Ohio 45426 937.837.7771 www.trotwood.org Meeting Minutes - Final Monday, October 4, 2021 6:30 PM Executive Session 6:15 P.M. Trotwood Community and Cultural Arts Center 4000 Lake Center Drive, Trotwood, Ohio 45426 City Council Mayor Mary A. McDonald Vice Mayor Tyna R. Brown Council Member Charles Ron Vaughn Council Member Rhonda C. Finley Council Member Robert L. Kelley, Jr. Council Member Yvette Page Council Member Bettye L. Gales Clerk of Council Kara B. Landis City Council Meeting Minutes - Final October 4, 2021 I. Call to Order: Mayor Mary A. McDonald Mayor McDonald called the meeting to order at 6:30 p.m. II. Invocation: Elder Belinda Mitchell Elder Mitchell gave the Invocation. III. Pledge of Allegiance Mayor McDonald led the Pledge of Allegiance. IV. Roll Call: Clerk of Council Clerk Landis took Roll Call. Present: 6 - Mayor Mary A. McDonald, Councilmember Rhonda C. Finley, Councilmember Robert L. Kelley Jr., Councilmember Yvette Page, Councilmember Bettye L. Gales and Vice Mayor Tyna R. Brown Excused: 1 - Councilmember Charles Ron Vaughn Staff Members Present: Law Director Steve McHugh, Deputy City Manager Stephanie Kellum, Clerk of Council Kara Landis, Finance Director Chris Peeples, Assistant Finance Director Julie Kilbarger, Police Chief Erik Wilson, Deputy Police Chief Mark Ecton, Fire Chief Rick Haacke, Deputy Fire Chief Brandon Barnett, Public Works Supervisor Johnny McCluskey, Income Tax Supervisor Sue Bowman, Parks and Recreation Program Director Ciara Lewis, Assistant to the City Manager Cheryl Wheeler, and Fire Department Business Accrediation Manager Christa Wheeler. V. Motion to Approve the Agenda Mayor McDonald requested a Motion on this item, noting R21-48 was removed from the Agenda and the Executive Session was cancelled. A Motion was made by Vice Mayor Brown, seconded by Councilmember Gales, to APPROVE the Amended Agenda. The motion CARRIED by the following vote: Aye: 6- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr., Councilmember Page, Councilmember Gales and Vice Mayor Brown Excused: 1- Councilmember Vaughn VI. Motion to Enter into Executive Session The Executive Session was cancelled as reflected in the Motion to Approve the Amended Agenda. City of Trotwood Page 1 City Council Meeting Minutes - Final October 4, 2021 SR21-31 The Trotwood City Council will move into Executive Session pursuant to Section 121.22(G)(4) of the Ohio Revised Code, for the purpose of reviewing a proposed Collective Bargaining Agreement. VII. Motion to Adjourn the Executive Session The Executive Session was cancelled as reflected in the Motion to Approve the Amended Agenda. VIII. VISITOR'S COMMENTS: To comment on a topic NOT on the Meeting Agenda, please step to the microphone when called upon, state your name and address, and proceed with your comments. You will have three (3) minutes to speak. IX. Special Presentations and Recognitions PR12-21 Presentation: Dayton Mediation Center’s Homelessness Prevention Program Presented by Aaron Primm, Mediation Specialist Attachments: PR12-21 Mayor McDonald welcomed Aaron Primm, a Mediation Specialist from the Dayton Mediation Center. Mr. Primm explained that the Mediation Center is part of the City of Dayton and spoke about the variety of resources available to citizens throughout the county. Mr. Primm's area of concentration relates to landlord/tenant homelessness prevention; specifically, property management, property owners and residents. Services are voluntary and the Center helps direct individuals to available resources to resolve their issues. These services are offered for free. Council Member Kelley, Jr. asked Mr. Primm if the Mediation Center works with the Montgomery County Housing Coalition, a group he is very familiar with from working with the Emergency Housing Program at the Red Cross. Mr. Primm advised that he is familiar with the coalition and their services and is comfortable contacting them when their services are warranted. City of Trotwood Page 2 City Council Meeting Minutes - Final October 4, 2021 PR11-21 Presentation: The Humane Society of Greater Dayton’s Trap, Neuter, and Return (TNR) Program Presented by Brian Weltge, President and CEO Attachments: PR11-21 Mayor McDonald welcomed Brian Weltge from the Humane Society of Greater Dayton. Mr. Weltge presented information on the Human Society's Trap, Neuter, and Return (TNR) Cat Program, a program designed to save the lives of cats while controlling the cat population. Mr. Weltge estimates that Trotwood has approximately 2,000 to 3,000 free roaming cats in the community. With the TNR Program, residents or staff trap free roaming cats and bring them to the Human Society's clinic. The cat is then spayed/neutureded and while under anesthesia, they trim the top of the cat's left ear so if that cat is trapped again, they can visually identify that it has already been spayed/neutured and release the cat. Council Member Finley asked Mr. Weltge about the cost of their services. Mr. Weltge stated this program costs approximately $45 to $55 per cat. Further, he shared that the goal is not to completely rid the community of outdoor cats because cats control the rodent population; the goal is to achieve a healthy balance. Council Member Finley shared that she understands Huber Heights pays nothing for their services. Mr. Weltge explained that the Mayor of Huber Heights donated some type of funds to the Humane Society, a Not-for-Profit agency, and those funds are applied to these services. Council Member Gales asked if a resident calls the Humane Society does the resident have to pay for the service. Mr. Weltge explained that if the jurisdiction is under agreement, the resident does not have to pay anything, they simply bring the cat to the clinic. Council Member Page asked if there is no agreement, can a resident still bring a cat to the clinic. Mr. Weltge stated that if the jurisdiction does not have an agreement, a resident can bring a cat to the clinic but the resident will have to pay the fee. PR13-21 Recognition: Community Beautification Contest Winners Recognized by Mayor McDonald and Vice Mayor Brown Mayor McDonald asked the Parks and Recreation Program Director and the Chairman of the Parks and Recreation Board to join her and Vice Mayor Brown to present the awards for the beautification contest. Winners received cash awards and a yard sign for display: First Place was awarded to Jan Hankins; Second Place was awarded to Shelley Clay; and Third Place was awarded to Ladawn Porter. X. Motion to Approve the Consent Agenda Mayor McDonald requested a Motion on this item. A Motion was made by Vice Mayor Brown, seconded by Councilmember Gales, to approve the Consent Agenda. The motion CARRIED by the following vote: City of Trotwood Page 3 City Council Meeting Minutes - Final October 4, 2021 Aye: 6- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr., Councilmember Page, Councilmember Gales and Vice Mayor Brown Excused: 1- Councilmember Vaughn SR21-29 Approval of the Regular City Council Meeting Minutes from September 7, 2021. Attachments: 2021-09-07 DRAFT Meeting Minutes This Staff Report was filed. SR21-30 Approval of the Special City Council Meeting Minutes from September 15, 2021. Attachments: 2021-09-15 DRAFT Meeting Minutes This Staff Report was filed. R21-44 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: R21-44 This Resolution was approved. R21-45 A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE PUBLIC ENTITIES POOL OF OHIO FOR THE PURPOSE OF PROVIDING INSURANCE FOR THE CONTRACT YEAR OF 2021-2022. Attachments: R21-45 R21-45 Attachment This Resolution was approved. R21-46 A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING A CITY-SPONSORED “DRIVE-THRU TRICK-OR-TREAT” EVENT TO SERVE THE PUBLIC PURPOSE OF PROMOTING STRONG COMMUNITY RELATIONS, WITH EXPENDITURES NOT TO EXCEED TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500). Attachments: R21-46 R21-46 Attachment This Resolution was approved. City of Trotwood Page 4 City Council Meeting Minutes - Final October 4, 2021 R21-47 A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING THE SUBMITTAL OF APPLICATIONS FOR FEDERAL FAST ACT FUNDS THROUGH THE MIAMI VALLEY REGIONAL PLANNING COMMISSION. Attachments: R21-47 This Resolution was approved. 21-27 A Motion by the Trotwood City Council to Schedule a Public Hearing and to authorize the Law Director to prepare legislation accepting the recommendation from the Trotwood Planning Commission to approve a FINAL Planned Unit Development for a Senior Independent Living Community of less than 70 units on the property known as 702 East Main Street, Parcel No. H33 00217 003, in a General Business (G-B) District. The Motion carried and a Public Hearing will be scheduled. 21-28 A Motion by the Trotwood City Council to Schedule a Public Hearing and to authorize the Law Director to prepare legislation accepting the recommendation from the Trotwood Planning Commission to approve an amendment to the official Zoning Map of the City for the properties known as 4713 Salem Avenue, Parcel No. H33 01718 0001; 4787 Salem Avenue, Parcel No. H33 01619 0001; and 4791 Salem Avenue, Parcel No. H33 01619 0002; from Business Park (B-P) to General Business (G-B) for the purpose of retail use. The Motion carried and a Public Hearing will be scheduled. XI. Motion to Open Public Hearings Mayor McDonald requested a Motion on this item. A Motion was made by Vice Mayor Brown, seconded by Councilmember Gales, to Open the Public Hearings. The motion CARRIED by the following vote: Aye: 6- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr., Councilmember Page, Councilmember Gales and Vice Mayor Brown Excused: 1- Councilmember Vaughn City of Trotwood Page 5 City Council Meeting Minutes - Final October 4, 2021 OR22-21 AN ORDINANCE BY THE TROTWOOD CITY COUNCIL APPROVING THE CURRENT REPLACEMENT PAGES TO THE CITY OF TROTWOOD CODES OF ORDINANCES. Attachments: OR22-21 OR22-21 Exhibit A Deputy City Manager Kellum explained that annually, replacement pages reflecting changes in State laws and adopted legislation are prepared and incorporated into the City of Trotwood Codes of Ordinances. Mayor McDonald requested a Motion on this item. A Motion was made by Councilmember Gales, seconded by Councilmember Finley, to adopt this Ordinance. The motion CARRIED by the following vote: Aye: 6- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr., Councilmember Page, Councilmember Gales and Vice Mayor Brown Excused: 1- Councilmember Vaughn OR23-21 AN ORDINANCE BY THE TROTWOOD CITY COUNCIL TRANSFERRING OWNERSHIP OF THE CITY-OWNED PROPERTY KNOWN AS 30 GREACIAN AVENUE, PARCEL NO. H33 00209 0018, TO THE TROTWOOD COMMUNITY IMPROVEMENT CORPORATION AND DECLARING THE PROPERTY SURPLUS. Attachments: OR23-21 OR23-21 Map Deputy City Manager Kellum stated that this blighted property was demolished in 2019 and returned to green space and is now being turned over to the Miami Valley Recovery Center, who uses volunteers to build houses and restore homeowners. Mayor McDonald requested a Motion on this item. A Motion was made by Vice Mayor Brown, seconded by Councilmember Finley, to adopt this Ordinance. The motion CARRIED by the following vote: Aye: 6- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr., Councilmember Page, Councilmember Gales and Vice Mayor Brown Excused: 1- Councilmember Vaughn XII. Motion to Close Public Hearings Mayor McDonald requested a Motion on this item. A Motion was made by Councilmember Page, seconded by Vice Mayor Brown, to Close the Public Hearings. The motion CARRIED by the following vote: Aye: 6- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr., Councilmember Page, Councilmember Gales and Vice Mayor Brown Excused: 1- Councilmember Vaughn City of Trotwood Page 6 City Council Meeting Minutes - Final October 4, 2021 XIII. Resolutions R21-48 A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF TROTWOOD, OHIO, AND THE OHIO PATROLMEN’S BENEVOLENT ASSOCIATION (POLICE OFFICERS) FOR THE PERIOD OF JANUARY 1, 2022 THROUGH DECEMBER 31, 2024. Attachments: R21-48 R21-48 CBA Police This Resolution was removed from the Agenda as reflected in the Motion to Approve the Amended Agenda. XIV. Old and New Business a. Staff Reports 1. Motion to Approve Without Comment SR21-27 Liquor Permit Request from Speedway LLC, 5010 Olive Road, Trotwood, Ohio 45426, due to a change of LLC membership interests. Attachments: SR21-27 Deputy City Manager Kellum explained that this request is related to the Speedway merger with the Seven Eleven Corporation, causing a change in the LLC membership interests, which requires them to reapply for a liquor permit. Police Chief Wilson agreed and confirmed this would be without comment. Mayor McDonald requested a Motion on this item. A Motion was made by Councilmember Kelley, Jr., seconded by Vice Mayor Brown, to approve the request with no comment. The motion CARRIED by the following vote: Aye: 6- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr., Councilmember Page, Councilmember Gales and Vice Mayor Brown Excused: 1- Councilmember Vaughn 2. Motion to Approve Without Comment City of Trotwood Page 7 City Council Meeting Minutes - Final October 4, 2021 SR21-28 Liquor Permit Request from Speedway LLC, DBA Rich Oil 1090, 909 East Main Street, Trotwood, Ohio 45426, due to a change of LLC membership interests. Attachments: SR21-28 Deputy City Manager Kellum explained that this request is related to the Speedway merger with the Seven Eleven Corporation, causing a change in the LLC membership interests, which requires them to reapply for a liquor permit. Police Chief Wilson agreed and confirmed this would be without comment. Mayor McDonald requested a Motion on this item. A Motion was made by Councilmember Kelley, Jr., seconded by Vice Mayor Brown, to approve the request with no comment. The motion CARRIED by the following vote: Aye: 6- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr., Councilmember Page, Councilmember Gales and Vice Mayor Brown Excused: 1- Councilmember Vaughn b. City Manager: Reminder to visit the City of Trotwood's website at www.trotwood.org for updated information and events in our City. c. Mayor: To schedule an appointment with the Mayor, please contact the Clerk of Council at 937-854-7212, between the hours of 8 a.m. - 5 p.m. Mayor McDonald asked residents to consider serving on a board or commission as there are several open opportunities. Mayor McDonald shared that she will be working at the drive-thru breakfast event being held tomorrow morning at Miami Valley North for breast cancer. Lastly, Mayor McDonald encouraged those who are eligible to receive their booster shot. d. Clerk of Council: Announcements Clerk Landis shared the following: The City will be having a Drive-Thru Trick-or-Treat on Thursday, October 28th from 6-8 p.m. in the Industrial Park on Prosperity Drive. The Parks and Recreation Department is accepting candy donations, which may be dropped off on the second floor of the Government Center by Monday, October 25th. XV. Motion to Adjourn Mayor McDonald requested a Motion on this item. Vice Mayor Brown made a motion and all of Council was in favor. The meeting was Adjourned at 7:00 p.m. City of Trotwood Page 8

Agenda

City of Trotwood 3035 Olive Road Trotwood, Ohio 45426 937.837.7771 www.trotwood.org Meeting Agenda - Final Monday, October 4, 2021 6:30 PM Executive Session 6:15 P.M. Trotwood Community and Cultural Arts Center 4000 Lake Center Drive, Trotwood, Ohio 45426 City Council Mayor Mary A. McDonald Vice Mayor Tyna R. Brown Council Member Charles Ron Vaughn Council Member Rhonda C. Finley Council Member Robert L. Kelley, Jr. Council Member Yvette Page Council Member Bettye L. Gales Clerk of Council Kara B. Landis City Council Meeting Agenda - Final October 4, 2021 I. Call to Order: Mayor Mary A. McDonald II. Invocation: Elder Belinda Mitchell III. Pledge of Allegiance IV. Roll Call: Clerk of Council V. Motion to Approve the Agenda VI. Motion to Enter into Executive Session SR21-31 The Trotwood City Council will move into Executive Session pursuant to Section 121.22(G)(4) of the Ohio Revised Code, for the purpose of reviewing a proposed Collective Bargaining Agreement. VII. Motion to Adjourn the Executive Session VIII. VISITOR'S COMMENTS: To comment on a topic NOT on the Meeting Agenda, please step to the microphone when called upon, state your name and address, and proceed with your comments. You will have three (3) minutes to speak. IX. Special Presentations and Recognitions PR12-21 Presentation: Dayton Mediation Center’s Homelessness Prevention Program Presented by Aaron Primm, Mediation Specialist Attachments: PR12-21 PR11-21 Presentation: The Humane Society of Greater Dayton’s Trap, Neuter, and Return (TNR) Program Presented by Brian Weltge, President and CEO Attachments: PR11-21 PR13-21 Recognition: Community Beautification Contest Winners Recognized by Mayor McDonald and Vice Mayor Brown X. Motion to Approve the Consent Agenda SR21-29 Approval of the Regular City Council Meeting Minutes from September 7, 2021. Attachments: 2021-09-07 DRAFT Meeting Minutes City of Trotwood Page 2 Printed on 10/1/2021 City Council Meeting Agenda - Final October 4, 2021 SR21-30 Approval of the Special City Council Meeting Minutes from September 15, 2021. Attachments: 2021-09-15 DRAFT Meeting Minutes R21-44 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: R21-44 R21-45 A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE PUBLIC ENTITIES POOL OF OHIO FOR THE PURPOSE OF PROVIDING INSURANCE FOR THE CONTRACT YEAR OF 2021-2022. Attachments: R21-45 R21-45 Attachment R21-46 A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING A CITY-SPONSORED “DRIVE-THRU TRICK-OR-TREAT” EVENT TO SERVE THE PUBLIC PURPOSE OF PROMOTING STRONG COMMUNITY RELATIONS, WITH EXPENDITURES NOT TO EXCEED TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500). Attachments: R21-46 R21-46 Attachment R21-47 A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING THE SUBMITTAL OF APPLICATIONS FOR FEDERAL FAST ACT FUNDS THROUGH THE MIAMI VALLEY REGIONAL PLANNING COMMISSION. Attachments: R21-47 21-27 A Motion by the Trotwood City Council to Schedule a Public Hearing and to authorize the Law Director to prepare legislation accepting the recommendation from the Trotwood Planning Commission to approve a FINAL Planned Unit Development for a Senior Independent Living Community of less than 70 units on the property known as 702 East Main Street, Parcel No. H33 00217 003, in a General Business (G-B) District. 21-28 A Motion by the Trotwood City Council to Schedule a Public Hearing and to authorize the Law Director to prepare legislation accepting the recommendation from the Trotwood Planning Commission to approve an amendment to the official Zoning Map of the City for the properties known as 4713 Salem Avenue, Parcel No. H33 01718 0001; 4787 Salem Avenue, Parcel No. H33 01619 0001; and 4791 Salem Avenue, Parcel No. H33 01619 0002; from Business Park (B-P) to General Business (G-B) for the purpose of retail use. City of Trotwood Page 3 Printed on 10/1/2021 City Council Meeting Agenda - Final October 4, 2021 XI. Motion to Open Public Hearings OR22-21 AN ORDINANCE BY THE TROTWOOD CITY COUNCIL APPROVING THE CURRENT REPLACEMENT PAGES TO THE CITY OF TROTWOOD CODES OF ORDINANCES. Attachments: OR22-21 OR22-21 Exhibit A OR23-21 AN ORDINANCE BY THE TROTWOOD CITY COUNCIL TRANSFERRING OWNERSHIP OF THE CITY-OWNED PROPERTY KNOWN AS 30 GREACIAN AVENUE, PARCEL NO. H33 00209 0018, TO THE TROTWOOD COMMUNITY IMPROVEMENT CORPORATION AND DECLARING THE PROPERTY SURPLUS. Attachments: OR23-21 OR23-21 Map XII. Motion to Close Public Hearings XIII. Resolutions R21-48 A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF TROTWOOD, OHIO, AND THE OHIO PATROLMEN’S BENEVOLENT ASSOCIATION (POLICE OFFICERS) FOR THE PERIOD OF JANUARY 1, 2022 THROUGH DECEMBER 31, 2024. Attachments: R21-48 R21-48 CBA PO XIV. Old and New Business a. Staff Reports 1. Motion to Approve Without Comment SR21-27 Liquor Permit Request from Speedway LLC, 5010 Olive Road, Trotwood, Ohio 45426, due to a change of LLC membership interests. Attachments: SR21-27 2. Motion to Approve Without Comment City of Trotwood Page 4 Printed on 10/1/2021 City Council Meeting Agenda - Final October 4, 2021 SR21-28 Liquor Permit Request from Speedway LLC, DBA Rich Oil 1090, 909 East Main Street, Trotwood, Ohio 45426, due to a change of LLC membership interests. Attachments: SR21-28 b. City Manager: Reminder to visit the City of Trotwood's website at www.trotwood.org for updated information and events in our City. c. Mayor: To schedule an appointment with the Mayor, please contact the Clerk of Council at 937-854-7212, between the hours of 8 a.m. - 5 p.m. d. Clerk of Council: Announcements XV. Motion to Adjourn City of Trotwood Page 5 Printed on 10/1/2021

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