City Council

City of Trotwood 3035 Olive Road Trotwood, Ohio 45426 937.837.7771 www.trotwood.org Meeting Minutes - Final Monday, February 7, 2022 6:30 PM Trotwood Community and Cultural Arts Center 4000 Lake Center Drive, Trotwood, Ohio 45426 City Council Mayor Mary A. McDonald Vice Mayor Yvette F. Page Council Member Bettye L. Gales Council Member Charles Ron Vaughn Council Member Tyna R. Brown Council Member Rhonda C. Finley Council Member Robert L. Kelley, Jr. Clerk of Council Kara B. Landis City Council Meeting Minutes - Final February 7, 2022 I. Call to Order Mayor McDonald called the meeting to order at 6:30 p.m. II. Invocation Elder Mitchell gave the Invocation. III. Pledge of Allegiance Mayor McDonald led the Pledge of Allegiance. IV. Roll Call Clerk Landis took Roll Call. Present: 7 - Mayor Mary A. McDonald, Councilmember Rhonda C. Finley, Councilmember Robert L. Kelley Jr., Councilmember Bettye L. Gales, Councilmember Tyna R. Brown, Councilmember Charles Ron Vaughn and Vice Mayor Yvette Page Staff Members Present: City Manager Quincy Pope, Clerk of Council Kara Landis, Law Director Steve McHugh, Deputy City Manager Stephanie Kellum, Finance Director Chris Peeples, Assistant Finance Director Julie Kilbarger, Police Chief Erik Wilson, Fire Chief Rick Haacke, and TCIC Executive Director Chad Downing. Visitors Present: Steve Naas, Sheila Crane, William Ward III, and Janice Chinn. V. Approve the Agenda Mayor McDonald requested a Motion to approve the Agenda. A Motion was made by Councilmember Gales, seconded by Vice Mayor Page, and the Motion CARRIED by the following vote: Aye: 7- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr., Councilmember Gales, Councilmember Brown, Councilmember Vaughn and Vice Mayor Page City of Trotwood Page 1 City Council Meeting Minutes - Final February 7, 2022 VI. PUBLIC COMMENTS: To comment on a topic not on the Meeting Agenda, please fill out a Speaker Form and return it to the Clerk of Council BEFORE the start of the meeting. When called upon, proceed to the microphone, state your name and address, and proceed with your comments. You will have three (3) minutes to speak. Mr. Steve Naas with County Corp. addressed the Mayor and City Council explaining their organization and the investments they have made within the City of Trotwood. Mr. Naas provided a handout for Council (attached) and reviewed the information provided, describing the properties as affordable housing. Mr. Naas emphasized the increase in value of the properties County Corp. invested in and the increase in tax revenue realized by the City. VII. Presentations and Recognitions PR03-22 Presentation: Governmental Responsibilities Regarding Fair Housing Presented by John Zimmerman, Vice President Miami Valley Fair Housing Center Mr. Zimmerman made a presentation to the Mayor and Council (attached) regarding fair housing and the responsibilities of municipalities. Mr. Zimmerman reviewed the history of the Fair Housing Act, noting its use for protected classes such as race, color, national origin, familial status, disability, religion, military, and ancestry. He stressed the importance of knowing the definition within your jurisdiction of the protected classes; for example, in Ohio, military status is defined by those currently in uniform service, therefore veterans are not a protected class. He also stated that by federal definition, senior citizens are not a protected class. Mr. Zimmerman reviewed prohibited actions based on the Fair Housing Act and the classes it protects and discussed the four broad categories of activities that affect the fair housing responsibilities of municipalities. He then reviewed the outcomes of some high profile court cases related to the Fair Housing Act and the origin of the complaints. Mr. Zimmerman discussed the importance of developing an inclusive municipal policy so that discrimination does not occur by the omission of a protected class, nor any disparate impact on a group of persons. City Manager Pope commented that the City has worked with Miami Valley Fair Housing over the last couple of years to ensure compliance with rules and to not be an impediment to any of the protected classes. Councilmember Vaughn commented on the openness of the City of Trotwood and that he understood from several years ago that the City of Trotwood has 70% more Section 8 housing than any community in Montgomery County of the City's population and size, demonstrating the City has not been prohibitive or discriminative. City of Trotwood Page 2 City Council Meeting Minutes - Final February 7, 2022 VIII. Consent Agenda Mayor McDonald requested a Motion to approve the Consent Agenda. A Motion was made by Councilmember Vaughn, seconded by Councilmember Gales, and the Motion CARRIED by the following vote: Aye: 7- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr., Councilmember Gales, Councilmember Brown, Councilmember Vaughn and Vice Mayor Page SR22-05 Approval of Special City Council Meeting Minutes from December 28, 2021. Attachments: 2021-12-28 DRAFT Special Meeting Minutes This Staff Report was filed. SR22-06 Approval of Regular City Council Meeting Minutes from January 3, 2022. Attachments: 2022-01-03 DRAFT Meeting Minutes This Staff Report was filed. SR22-07 Approval of Special City Council Meeting Minutes from January 25, 2022. Attachments: 2022-01-25 DRAFT Meeting Minutes This Staff Report was filed. R22-10 A RESOLUTION BY THE TROTWOOD CITY COUNCIL APPROVING THE RENEWAL APPLICATION FOR THE PLACEMENT OF 14.18 ACRES OF LAND, PARCEL NO. H33 02108 0022, WHICH PROPERTY IS OWNED BY QUENTIN AND KIMBERLY ELKINS AND IS LOCATED AT 8630 SNAKE ROAD, IN AN AGRICULTURAL TAX DISTRICT IN ACCORDANCE WITH THE FARMLAND PRESERVATION ACT, SECTION 929.02 OF THE OHIO REVISED CODE. Attachments: R22-10 R22-10 Application This Resolution was approved. City of Trotwood Page 3 City Council Meeting Minutes - Final February 7, 2022 R22-11 A RESOLUTION BY THE TROTWOOD CITY COUNCIL APPROVING THE RENEWAL APPLICATION FOR THE PLACEMENT OF 73.037 ACRES OF LAND, PARCEL NO. H33 02305 0006, OWNED BY JAMES W. HUFFMAN, TRUSTEE OF THE JAMES W. HUFFMAN TRUST DATED MARCH 26, 2009, AND FAYE L. HUFFMAN, TRUSTEE OF THE FAYE L. HUFFMAN TRUST DATED MARCH 26, 2009, AND IS LOCATED AT 8408 LITTLE RICHMOND ROAD, IN AN AGRICULTURAL TAX DISTRICT IN ACCORDANCE WITH THE FARMLAND PRESERVATION ACT, SECTION 929.02 OF THE OHIO REVISED CODE. Attachments: R22-11 R22-11 Application This Resolution was approved. R22-12 A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE HOMEOWNERSHIP CENTER OF GREATER DAYTON TO PROVIDE EDUCATIONAL PROGRAMS AND COUNSELING TO CITIZENS OF TROTWOOD AS PART OF THE CITY’S HOUSING AND FORECLOSURE PREVENTION PROGRAMS. Attachments: R22-12 R22-12 Agreement This Resolution was approved. 22-01 A Motion by the Trotwood City Council to schedule a Public Hearing and to authorize the Law Director to prepare legislation waiving certain fees charged by the City of Trotwood for Habitat for Humanity, a nonprofit organization. This Motion was approved and a Public Hearing will be scheduled. 22-02 A Motion by the Trotwood City Council to schedule a Public Hearing and to authorize the Law Director to prepare legislation waiving certain fees charged by the City of Trotwood for County Corp, a nonprofit organization. This Motion was approved and a Public Hearing will be scheduled. City of Trotwood Page 4 City Council Meeting Minutes - Final February 7, 2022 22-03 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 Preliminary Planned Unit Development Application for a proposed Industrial Park on approximately 46.37 acres of land, Parcel ID Nos. H33 00417 0002, H33 00417 0066, and H33 00417 0008, at the southwest corner of Wolf Creek Pike and Olive Road in a Light Industrial 2 (L-I-2) zoning district. This Motion was approved and a Public Hearing will be scheduled. 22-04 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 Application for Phase One of a proposed Industrial Park consisting of one 200,000 square foot building on approximately 20 acres of land, Parcel ID Nos. H33 00417 0002 (partial) and H33 00417 0008, at the southwest corner of Wolf Creek Pike and Olive Road in a Light Industrial 2 (L-I-2) zoning district. This Motion was approved and a Public Hearing will be scheduled. 22-05 A Motion by the Trotwood City Council to schedule a Public Hearing and to authorize the Law Director to prepare legislation repealing old Section 183.10 “Interest and Penalties” of the Trotwood Code of Ordinances and adopting new Section 183.10 “Interests and Penalties” to conform with the Table of Fees established by Resolution No. R21-24. This Motion was approved and a Public Hearing will be scheduled. 22-06 A Motion by the Trotwood City Council to schedule a Public Hearing and to authorize the Law Director to prepare legislation repealing old Section 339.02 “Use of Local Streets; Local Permit and Conditions” of the Trotwood Code Of Ordinances and adopting new Section 339.02 “Use Of Local Streets; Local Permit And Conditions” to conform with the Table of Fees established by Resolution No. R21-24. This Motion was approved and a Public Hearing will be scheduled. 22-07 A Motion by the Trotwood City Council to schedule a Public Hearing and to authorize the Law Director to prepare legislation repealing old Section 705.09 “Business License Fee Schedule” of the Trotwood Code Of Ordinances and adopting new Section 705.09 “Business License Fee Schedule” to conform with the Table of Fees established by Resolution No. R21-24. This Motion was approved and a Public Hearing will be scheduled. City of Trotwood Page 5 City Council Meeting Minutes - Final February 7, 2022 22-08 A Motion by the Trotwood City Council to schedule a Public Hearing and to authorize the Law Director to prepare legislation repealing old Section 707.11 “Excessive False Alarms” of the Trotwood Code Of Ordinances and adopting new Section 707.11 “Excessive False Alarms” to conform with the Table of Fees established by Resolution No. R21-24. This Motion was approved and a Public Hearing will be scheduled. 22-09 A Motion by the Trotwood City Council to schedule a Public Hearing and to authorize he Law Director to prepare legislation repealing old Section 707.041 “Application Fee” of the Trotwood Code of Ordinances and adopting new Section 707.041 “Application Fee” to conform with the Table of Fees established by Resolution No. R21-24. This Motion was approved and a Public Hearing will be scheduled. 22-10 A Motion by the Trotwood City Council to schedule a Public Hearing and to authorize the Law Director to prepare legislation repealing old Section 905.05 “Collection of Costs” of the Trotwood Code of Ordinances and adopting new Section 905.05 “Collection of Costs” to conform with the Table of Fees established by Resolution No. R21-24. This Motion was approved and a Public Hearing will be scheduled. 22-11 A Motion by the Trotwood City Council to schedule a Public Hearing and to authorize the Law Director to prepare legislation repealing old Section 907.01 “Identification of Residential Street Addresses” of the Trotwood Code of Ordinances and adopting new Section 907.01 “Identification of Residential Street Addresses” to conform with the Table of Fees established by Resolution No. R21-24. This Motion was approved and a Public Hearing will be scheduled. 22-12 A Motion by the Trotwood City Council to schedule a Public Hearing and to authorize the Law Director to prepare legislation repealing old Section 929.27 “Monthly Charge Per Equivalent Residential Unit” of the Trotwood Code Of Ordinances and adopting new Section 929.27 “Monthly Charge Per Equivalent Residential Unit” to conform with the Table of Fees established by Resolution No. R21-24. This Motion was approved and a Public Hearing will be scheduled. 22-13 A Motion by the Trotwood City Council to schedule a Public Hearing and to authorize the Law Director to prepare legislation repealing old Section 1311.01 “Building Permit Fees” of the Trotwood Code Of Ordinances and adopting new Section 1311.01 “Building Permit Fees” to conform with the Table of Fees established by Resolution No. R21-24. This Motion was approved and a Public Hearing will be scheduled. City of Trotwood Page 6 City Council Meeting Minutes - Final February 7, 2022 22-14 A Motion by the Trotwood City Council to schedule a Public Hearing and to authorize the Law Director to prepare legislation repealing old Section 1519.02 “Public Exhibition Permit Required; Fee; Bond; Records” of the Trotwood Code of Ordinances and adopting new Section 1519.02 “Public Exhibition Permit Required; Fee; Bond; Records” to conform with the Table of Fees established by Resolution No. R21-24. This Motion was approved and a Public Hearing will be scheduled. 22-15 A Motion by the Trotwood City Council to schedule a Public Hearing and to authorize the Law Director to prepare legislation authorizing the City Manager to transfer ownership of the City-owned property known as 104 East Main Street, Parcel No. H33 00301 0001, to the Trotwood Community Improvement Corporation and declaring the property surplus. This Motion was approved and a Public Hearing will be scheduled. IX. Open Public Hearings PUBLIC COMMENTS: To comment during a Public Hearing, please fill out a Speaker Form and return it to the Clerk of Council BEFORE the start of the meeting. When instructed, please stand to be sworn in by the Mayor. When the Mayor calls the Ordinance you wish to speak on, you will be asked to step to the microphone, state your name and address, and proceed with your comments. Only comments relating to that specific Ordinance are permissible. You will have three (3) minutes to speak. Mayor McDonald requested a Motion to open the Public Hearings. A Motion was made by Councilmember Gales, seconded by Councilmember Finley, and the Motion CARRIED by the following vote: Aye: 7- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr., Councilmember Gales, Councilmember Brown, Councilmember Vaughn and Vice Mayor Page City of Trotwood Page 7 City Council Meeting Minutes - Final February 7, 2022 X. Ordinances OR01-22 AN ORDINANCE BY THE TROTWOOD CITY COUNCIL AMENDING ORDINANCE NO. OR27-20, THE ANNUAL APPROPRIATIONS FOR EXPENSES AND EXPENDITURES OF THE CITY OF TROTWOOD, STATE OF OHIO, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2021 AND ENDING DECEMBER 31, 2021. Attachments: OR01-22 OR01-22 Exhibit A City Manager Pope stated that this is the final amendment to the 2021 appropriations. Finance Director Peeples mentioned the previous legislation approved at the Regular Meeting in December 2021, stating that because the amendments were done early in December, a few additional adjustments were necessary in order to balance the budget. Mayor McDonald requested a Motion to adopt OR01-22. A Motion was made by Councilmember Gales, seconded by Councilmember Finley, and the Motion CARRIED by the following vote: Aye: 7- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr., Councilmember Gales, Councilmember Brown, Councilmember Vaughn and Vice Mayor Page XI. Close Public Hearings Mayor McDonald requested a Motion to close the Public Hearings. A Motion was made by Councilmember Gales, seconded by Councilmember Finley, and the Motion CARRIED by the following vote: Aye: 7- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr., Councilmember Gales, Councilmember Brown, Councilmember Vaughn and Vice Mayor Page City of Trotwood Page 8 City Council Meeting Minutes - Final February 7, 2022 XII. Resolutions R22-09 A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING THE GRANTING OF A PERPETUAL, NON-EXCLUSIVE RIGHT OF WAY AND EASEMENT ON CITY-OWNED PROPERTY TO TROTWOOD SENIOR LOFTS, LLC, AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A SANITARY SEWER EASEMENT AGREEMENT WITH TROTWOOD SENIOR LOFTS LLC FOR PROPERTY LOCATED AT 702 EAST MAIN STREET, TROTWOOD, OHIO 45426, PARCEL ID NO. H33 00217 003. Attachments: R22-09 R22-09 Exhibit 1 City Manager Pope explained that this agreement allows the City to grant a right of way and easement on City-owned property to facilitate the developer in the installation and maintenance of sanitary sewer lines related to the senior living community being constructed. Mayor McDonald requested a Motion to approve R22-09. A Motion was made by Councilmember Brown, seconded by Vice Mayor Page, and the Motion CARRIED by the following vote: Aye: 7- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr., Councilmember Gales, Councilmember Brown, Councilmember Vaughn and Vice Mayor Page XIII. Staff Reports There were no Staff Reports. City of Trotwood Page 9 City Council Meeting Minutes - Final February 7, 2022 XIV. Old and New Business Councilmember Kelley expressed his concern after reading a complaint from Vice Mayor Page against Mayor McDonald that was e-mailed to Council from City Manager at the direction of Law Director McHugh. He explained that he spoke with Vice Mayor Page, Law Director McHugh, and others after the January 25th Planning Commission Meeting and believes what he heard concurs with Vice Mayor Page’s complaint. He believes there is a pattern of behavior by the Mayor that targets various members of Council and it must stop. He then shared a few instances involving himself and Councilmember Brown as examples. Councilmember Kelley shared that after much thought, he would like to make a Motion to Reprimand Mayor McDonald for the humiliation and demoralization of Vice Mayor Page during the January 25th Planning Commission meeting. He explained that he feels this is necessary so that the Mayor is held accountable for her actions. Mayor McDonald asked Law Director McHugh for input as she did not feel this was the time, nor the place, for such discussion and further, Councilmember Kelley was not at the January 25th Planning Commission meeting and many of the statements he made this evening were untrue. During Mayor McDonald’s statement to Law Director McHugh, Vice Mayor Page seconded Councilmember Kelley’s Motion. Law Director McHugh stated that any Councilmember can make a Motion, but it requires a second. Vice Mayor Page stated that she seconded the Motion; Law Director McHugh did not hear her do so and recommended Clerk Landis request a second before conducting a roll call vote. Law Director McHugh went on to explain that there is no legally binding effect of such a Motion and the Mayor will remain the Mayor regardless of the outcome of the Motion; it is simply a more formal statement from Council to express their concerns. Further, Council needs to have an opportunity to discuss the appropriateness of this action and vote. Mayor McDonald stated there were a number of comments that were misquoted and a number of lies in the e-mail sent from Vice Mayor Page to all of Council. Clerk Landis commented that there is a Motion on the floor. Mayor McDonald stated she needed to clear up the lies that are being told. The Mayor addressed an example Councilmember Kelley shared that occurred between them during an Executive Session and she mentioned a previous meeting with them and the City Manager the ended abruptly. Mayor McDonald advised Clerk Landis to move forward with the Motion. Clerk Landis requested a second; Vice Mayor Page seconded the Motion. After no further comments, Clerk Landis began a roll call vote. Councilmember Kelley and Vice Mayor Page voted for the Motion. Councilmember Finley asked for further discussion because she agrees this is the wrong venue, and further, only the Mayor and Councilmember Kelley have had the opportunity to provide comments. Law Director McHugh reminded Council that once the voting begins, comments and debate ends, and you cannot amend a Motion once the voting begins. Councilmember Vaughn asked if there can be discussion on a Motion once it is made. Law Director McHugh stated that because the voting had started there City of Trotwood Page 10 City Council Meeting Minutes - Final February 7, 2022 should be no discussion. Mayor McDonald clarified with Law Director McHugh that he is saying once a Councilmember commented and the vote started, then Council must vote; Law Director McHugh agreed. Councilmember Finley advised she read the letter and was very disappointed and saddened. She feels the entire situation should have been handled more professionally and Council’s focus should be on lowering taxes, and bringing a grocery store and other businesses to the City. Councilmember Finley voted for the Motion even though she is unclear as to what it means. Councilmember Gales voted against the Motion and apologized, stating she read the letter and was hoping they would settle the matter between them and further, she didn’t feel anyone else needed to know about the matter, especially visitors. Councilmember Vaughn voted against the Motion and commented that in all his years on Council, he has never seen such personal vendettas that overlooks the responsibility of an elected official and that this is beyond embarrassing. He stated that he does not take Councilmember Kelley's comments personally because he understands his own purpose and focus and can do what’s right for the community regardless of personal feelings. Councilmember Brown explained that one example Councilmember Kelley shared involving her was not completely correct and it was unfortunate that this business was brought before the community and guests. Councilmember Brown abstained from voting. Mayor McDonald shared that she has been mischaracterized and accused of things she did not do or say. She stated she believes she is serving with people who will distort the truth because of their personal vendettas. Mayor McDonald explained that she pledged to help Vice Mayor Page and that was the reason behind her actions during the January 25th Planning Commission meeting. Mayor McDonald believes there are people on Council for reasons other than the business of Trotwood and she is sad and embarrassed. Mayor McDonald voted against the Motion. Councilmember Gales stated the she is very disappointed with Law Director McHugh and believes this matter should have been a straight vote with very little comment. Law Director McHugh reiterated that he stated the voting needed to continue since it had already started. Councilmember Finley accepted the blame for the comments, which occurred because of being blindsided. Vice Mayor Page reminded Council that she did not comment during the vote, she simply seconded the Motion. She explained that one has to be in another’s shoes to understand what they are going through and that no one but Councilmember Kelley responded to her letter. Discussion took place between Vice Mayor Page, Councilmember Kelley, and Mayor McDonald that was unintelligible as they were speaking simultaneously. Mayor McDonald called upon Law Director McHugh, who confirmed the Motion failed by a vote of 3-3-1. Councilmember Finley and Councilmember Gales left the dais and Mayor McDonald requested a Motion to adjourn the meeting since there was no further City business to be considered. Councilmember Brown made a Motion and the meeting was adjourned at 7:50 p.m. City of Trotwood Page 11 City Council Meeting Minutes - Final February 7, 2022 XV. Comments A. Council Members: Each Council Member will have three (3) minutes to speak about topics relating to the City of Trotwood that are not on the Meeting Agenda. The meeting was adjourned during Old and New Business. B. City Manager: Please visit the City of Trotwood's website at www.trotwood.org for updated information and events in our City. The meeting was adjourned during Old and New Business. 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. The meeting was adjourned during Old and New Business. D. Clerk of Council: Announcements The meeting was adjourned during Old and New Business. XVI. Adjourn The meeting was adjourned during Old and New Business. City of Trotwood Page 12