City Council

City of Trotwood 3035 Olive Road Trotwood, Ohio 45426 937.837.7771 www.trotwood.org Meeting Minutes - Final Monday, June 6, 2022 6:30 PM Executive Session at 6:00 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 June 6, 2022 I. Call to Order Mayor McDonald called the meeting to order at 6:00 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. (NOTE Councilwoman Brown arrived at 6:15 p.m.) 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 Chris Conard, Deputy City Manager Stephanie Kellum, Finance Director Chris Peeples, Police Chief Erik Wilson, Operations Supervisor Johnny McCluskey, Income Tax Supervisor Sue Bowman, Generalist Portia Hill, and Code Enforcement Officer Dominic Flemingson. Visitors Present: Ric Thomas. V. Approve the Agenda Mayor McDonald requested a Motion to approve the Agenda. A Motion was made by Vice Mayor Page, seconded by Councilmember Kelley, Jr., and the Motion CARRIED by the following vote: Aye: 6- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr., Councilmember Gales, Councilmember Vaughn and Vice Mayor Page Excused: 1- Councilmember Brown VI. Enter into Executive Session Mayor McDonald requested a Motion to enter into Executive Session pursuant to Section 121.22(G)(1) of the Ohio Revised Code. A Motion was made by Vice Mayor Page, seconded by Councilmember Vaughn, and the Motion CARRIED by the following vote: Aye: 6- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr., Councilmember Gales, Councilmember Vaughn and Vice Mayor Page Excused: 1- Councilmember Brown City of Trotwood Page 1 City Council Meeting Minutes - Final June 6, 2022 SR22-14 The Trotwood City Council will move into Executive Session pursuant to Section 121.22(G)(1) of the Ohio Revised Code for the purpose of discussing a personnel matter, specifically the compensation of a public employee. VII. Adjourn Executive Session Mayor McDonald requested a Motion to adjourn the Executive Session. 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 VIII. PUBLIC COMMENTS: To comment on a topic not scheduled for a Public Hearing, 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. There were no public comments. IX. Presentations and Recognitions PR12-22 A presentation on Access to Excess, a nonprofit food rescue organization that gives away fresh food to neighborhoods with little or no access to healthy options. Presented by Ms. Jen Burns and Mr. Chuck Terry Mr. Chuck Terry and Ms. Jen Burns talked about their program "Access to Excess." This program is a food rescue non-profit organization that gives away fresh food to neighborhoods with little or no access to healthy options. Ms. Burns shared that in 2019, they started with pop-up produce stands. Last year, the Trotwood Library agreed to allow them to set-up their stand beginning at 5:00 p.m. on Sunday evenings from July until the end of November. PR13-22 Recognition of Chad McInturff, promoted to Deputy Fire Chief of the Trotwood Fire and Rescue Department. Attachments: PR13-22 Attachment PR14-22 Recognition of Andrew Tunney, promoted to the rank of Lieutenant in the Trotwood Fire and Rescue Department. Attachments: PR14-22 Attachment City of Trotwood Page 2 City Council Meeting Minutes - Final June 6, 2022 X. Consent Agenda Mayor McDonald requested a Motion to approve the Consent Agenda. A Motion was made by Vice Mayor Page, seconded by Councilmember Brown, 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 SR22-18 Approval of the Regular City Council Meeting Minutes from May 2, 2022. Attachments: 2022-05-02 DRAFT Meeting Minutes The meeting minutes were approved and will be filed according to the City's Retention Schedule. R22-30 A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING A CITY-SPONSORED EVENT IN RECOGNITION OF FATHER’S DAY, WHICH SERVES A VALID PUBLIC PURPOSE OF PROMOTING STRONG COMMUNITY RELATIONS, WITH EXPENDITURES NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00). Attachments: R22-30 This Resolution was approved. R22-31 A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING A CITY-SPONSORED COMMUNITY CELEBRATION EVENT, WHICH SERVES A VALID PUBLIC PURPOSE OF PROMOTING STRONG COMMUNITY RELATIONS, WITH EXPENDITURES NOT TO EXCEED ONE THOUSAND FIVE HUNDRED DOLLARS ($1,500.00). Attachments: R22-31 R22-31 Attachment This Resolution was approved. R22-32 A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING THE MONTGOMERY COUNTY AUDITOR TO REMOVE ASSESSMENTS ERRONEOUSLY LEVIED AGAINST CERTAIN PARCELS OF PROPERTY FOR THE CITY’S CUTTING, REMOVAL OR DESTRUCTION OF NOXIOUS WEEDS, VEGETATION AND/OR GRASS FROM THE TAX DUPLICATE. Attachments: R22-32 R22-32 Exhibit A This Resolution was approved. City of Trotwood Page 3 City Council Meeting Minutes - Final June 6, 2022 22-19 A Motion by the Trotwood City Council to schedule a Public Hearing and to authorize the Law Director to prepare legislation proposing a five (5) year income tax levy for an additional one-half of one percent (0.5%) for the purpose of resurfacing roadways. Attachments: 22-19 Attachment This Motion was approved and a Public Hearing will be scheduled. 22-20 A Motion by the Trotwood City Council to schedule a Public Hearing and to authorize the Law Director to prepare legislation authorizing all actions necessary to establish an opt-out electric service aggregation program pursuant to Section 4928.20 of the Ohio Revised Code, and declaring that the question of establishing an opt-out electric service aggregation program shall be submitted to the electors at the general election to be held on November 8, 2022. This Motion was approved and a Public Hearing will be scheduled. 22-21 A Motion by the Trotwood City Council to schedule a Public Hearing and to authorize the Law Director to prepare legislation authorizing all actions necessary to establish an opt-out natural gas service aggregation program pursuant to Section 4929.26 of the Ohio Revised Code, and declaring that the question of establishing an opt-out natural gas service aggregation program shall be submitted to the electors at the general election to be held on November 8, 2022. This Motion was approved and a Public Hearing will be scheduled. 22-22 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 enter into an agreement to finance four Plow Truck Chassis with extended warranties and four Dump Bodies with Snowplows for the Trotwood Public Works Department. This Motion was approved and a Public Hearing will be scheduled. City of Trotwood Page 4 City Council Meeting Minutes - Final June 6, 2022 XI. Open Public Hearings 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 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 XII. Ordinances OR20-22 AN ORDINANCE BY THE TROTWOOD CITY COUNCIL AMENDING ORDINANCE NO. OR29-21 INCREASING CERTAIN WAGE SCALES FOR PART-TIME NON-UNION EMPLOYEES AND ELIMINATING SCHEDULE C AND SCHEDULE D OF THE WAGE SCALES OF THE CITY OF TROTWOOD, STATE OF OHIO, AND DECLARING AN EMERGENCY. Attachments: OR20-22 OR20-22 Exhibit A City Manager Pope explained that changes to the City's Wage Scales are necessary in order to attract qualified personnel. Deputy City Manager Kellum further stated that this measure will 1) eliminate Schedule C and D, which were created in 2015 to hire employees at a reduced rate in order to be more consistent within pay bands - two years ago Council determined these scales were no longer needed but the Ordinance was never amended to reflect said change; 2) certain like-and-similar firefighter positions were combined; and 3) increase the pay rates for the combined firefighter positions, as well as for a few other part-time positions, in order to be competitive in the hiring market. Mayor McDonald requested a Motion to adopt OR20-22. A Motion was made by Vice Mayor Page, seconded by Councilmember Brown, 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 5 City Council Meeting Minutes - Final June 6, 2022 XIII. Close Public Hearings Mayor McDonald requested a Motion to close the Public Hearings. A Motion was made by Vice Mayor Page, seconded by Councilmember Brown, 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 XIV. Resolutions R22-33 A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT TO PURCHASE FOUR FREIGHTLINER 114SD PLOW TRUCK CHASSIS WITH EXTENDED WARRANTIES FROM STOOPS FREIGHTLINER THROUGH THE OHIO DEPARTMENT OF TRANSPORTATION COOPERATIVE PURCHASING PROGRAM, CONTRACT #023-22, NOT TO EXCEED $387,500.00. Attachments: R22-33 R22-33 and R22-34 Attachment City Manager Pope shared that the City currently has 10 trucks ranging in age from 16 to 26 years old; on average most fleets are no older than 5 to 7 years old. City Manager Pope stated that the new equipment will provide the Public Works Department with a fleet of trucks that are reliable and safe to operate. He also explained that Operations Manager McCluskey and Finance Director Peeples have worked to put in place a plan that will allow the City to lease-purchase replacement trucks over the next few years. Their plan is to purchase four replacement trucks this year by executing a lease-purchase for a period of three years and then execute an additional lease-purchase in 2025. Operations Supervisor McCluskey stated that the oldest truck currently in service is 26 years old and one of his concerns is the ability to buy parts for a truck that age. He further shared the he and Finance Director Peeples began looking at this process in 2019; however, it was tabled due to the pandemic. City Manager Pope added that the City has the financial resources in the water, sewer and street funds in order to finance this purchase. Councilmember Brown asked if the four new trucks would be added to the current fleet of 10 trucks, or if the City would be retiring any vehicles. Operations Supervisor McCluskey explained that while they plan to replace four trucks, the ones taken off the roadway are of no value for resale purposes, but can still be used by the City for minor jobs. Mayor McDonald requested a Motion to approve R22-33. A Motion was made by Councilmember Vaughn, seconded by Councilmember Brown, and the Motion CARRIED by the following vote: City of Trotwood Page 6 City Council Meeting Minutes - Final June 6, 2022 Aye: 7- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr., Councilmember Gales, Councilmember Brown, Councilmember Vaughn and Vice Mayor Page R22-34 A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT TO PURCHASE FOUR STAINLESS WARREN DUMP BODIES WITH SNOW DOGG SNOWPLOWS FROM K.E. ROSE COMPANY THROUGH THE SOURCEWELL GOVERNMENT PURCHASING PROGRAM, CONTRACT #080818-BPC, NOT TO EXCEED $332,800.00. Attachments: R22-34 R22-33 and R22-34 Attachment City Manager Pope explained that the equipment to be purchased in this resolution is contingent on the approval of the equipment to be purchased in Resolution R22-33. Mayor McDonald requested a Motion to approve R22-34. A Motion was made by Councilmember Kelley, Jr., seconded by Councilmember Brown, 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 XV. Staff Reports SR22-15 The Trotwood City Council has evaluated the performance of the Clerk of Council in accordance with the terms of her Employment Agreement and will vote on a compensation step increase. Mayor McDonald requested a Motion to approve a compensation step increase for the Clerk of Council. 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 City of Trotwood Page 7 City Council Meeting Minutes - Final June 6, 2022 SR22-16 The City of Trotwood will be receiving nearly $1 million in grant funding from the Ohio Department of Transportation as part of a statewide initiative to improve road and pedestrian safety. These grant funds will be used to add sidewalks along Olive Road and add pedestrian enhancements at the intersection of Olive Road and State Route 49 - just north of Consumer Square. Attachments: SR22-16 Attachment SR22-16 DDN Article Deputy City Manager Kellum shared that the City will be receiving nearly $1 million in grant funding from the Ohio Department of Transportation (ODOT) to improve road and pedestrian safety along Olive Road. Deputy City Manager Kellum went on the say that in 2018, Montgomery County contacted the City to let them know that the Ohio Business College would be locating on Salem Avenue. In response to this information, the City shared their concerns about pedestrian safety and asked that a safety study be conducted. The report confirmed the City's position and the County agreed to enter into an agreement to submit an application for a safety grant through ODOT. The grant will add/increase sidewalks along Olive Road from Salem Avenue to Shiloh Springs Road. Deputy City Manager Kellum advised that Governor DeWine's office announced the grant award on May 5, 2022 and at this time, we are awaiting the award documents. XVI. Old and New Business Mayor McDonald invited resident Ric Thomas to speak at this time even though he submitted his request to the Clerk after Public Comments were solicited. Mr. Thomas shared that he lives at 5131 Denlinger Road and he wanted to make people aware that he is planning to open a new business. He has been in contact with the school to see if there are any students who would like to work with him. Mr. Thomas also shared that he is working with Chad to get the property rezoned for business use as it was changed to residential after the Mall closed. City of Trotwood Page 8 City Council Meeting Minutes - Final June 6, 2022 XVII. 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. Councilmember Brown thanked City Manager Pope for previously providing Council with information regarding the closing of State Route 49 at Free Pike. She shared that the project is estimated to be completed in spring of 2023. She commented that she understands it is an inconvenience; however, it is a necessary safety measure the County is addressing. Councilmember Brown also wanted to remind everyone to consider taking a moment of silence for the victims of the mass shootings that have happened around the nation recently. She asked that people put aside politics and personal relationships to stand for what is right because something must be done. Councilmember Vaughn stated that he believes the job of every American is to love, respect, and work for the betterment of everyone. He reminded everyone to use good guidance, have Godly thoughts and prayer because the solution cannot be just another action, promise, Bill, etc. People must have an open heart free of prejudice and politics. Vice Mayor Page shared information about HyperReach, a one-call phone system that will alert you about things going on in the City. She also reminded everyone to be aware of emergency sirens, know where to go in an emergency, know where emergency exits are located, and keep your cell phone close. Vice Mayor Page reiterated that the City of Trotwood is tenacious and doesn't give up. Councilmember Kelley, Jr. stated that he was very disappointed that the temporary income tax levy failed at the last election; he took it very personal. He explained that he has talked with staff, family, friends, church members, and others and believes that everyone loses when a levy like this fails. He shared that he felt everyone, including him, could have done more and took for granted that residents understood the condition of the City's infrastructure. Councilmember Kelley, Jr. commented that the necessary funding will not be given to the City and he understands residents have a lot on their plate. He encouraged everyone to be on board so that the City's failing infrastructure can be addressed. B. City Manager: Reminder to visit the City of Trotwood's website at www.trotwood.org for updated information and events in our City. City Manager Pope spoke about the road levy and shared that it failed by approximately 80 votes. He feels he and the staff could have done more to educate the community about the temporary income tax. He explained that when coming into office in 2016 the City had no resurfacing plan, while most cities replace roadways every 30 years. At the direction of Council, City Manager Pope put together a plan and to date, 26 miles of roadway have been resurfaced at a cost of approximately $5.8 million. He further explained that there are no federal dollars to address neighborhood streets and that failing infrastructure is a contributing factor in attracting things like a grocery store. City Manager Pope vowed to do a better job of communicating the importance of the temporary income tax to address the failing infrastructure in the City. City of Trotwood Page 9 City Council Meeting Minutes - Final June 6, 2022 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 shared that Central State University Extension graduated their first class from the agricultural program. She also commented on the unveiling of the commemorative plaques to be installed throughout the community in the areas impacted by the 2019 tornadoes. Mayor McDonald then asked Chief Wilson and Deputy City Manger Kellum to come forward and explained that they attended a meeting with several other area leaders to discuss the issue of reckless driving. She shared that Dr. Fox suggested the idea of confiscating vehicles from the individuals driving recklessly, marking up the streets, and scaring citizens. Mayor McDonald wants to get ahead of this issue and would like Council's support in asking the law director to research the issue and make some recommendations on how to impose additional penalties for violators. She reminded City Manager Pope and Council that years ago when they had problems with drug dealers taking over housing, legislation was passed that allowed for the house to be confiscated for one year; the penalty addressed the issue and reduced the problem. Mayor McDonald reiterated that the response must be serious so that the issue doesn't get any worse; the behavior will not be tolerated in the City of Trotwood. Deputy City Manager Kellum stated the City of Trotwood will do everything possible to ensure the health, safety, and welfare of its residents and commented how helpful surveillance cameras are with these types of problems; the residents of Trotwood want the cameras up and running. She further added that the cameras were not installed as a money-making venture, they have always been about safety. Lastly she reminded residents to not confront individuals they witness driving recklessly; they need to call 911 for their own safety. Chief Wilson expressed his appreciation to the Mayor for taking the initiative to speak out on this issue. He encouraged everyone to reach out to their state officials and express their concerns. Chief Wilson shared that he has data from the traffic enforcement cameras supporting that when the cameras are on, the number of traffic crashes goes down and when the cameras are off, traffic crashes increase. Mayor McDonald agreed that the cameras are very important because by the time police are able to get to a scene, the violators are usually gone. Chief Wilson stated that he believes confiscating vehicles would be a great tool in fighting this issue because currently there are no serious consequences for fleeing from the police. He also shared that this is not just a City of Trotwood problem, this is a nationwide issue. Chief Wilson suggested another idea would be to put drivers education back in the schools so that kids receive proper driver safety training; it is not the only answer, but could go a long way in addressing some of these issues. Lastly, Chief Wilson shared that he looks forward to working with Law Director Conard on legislation. He ended by reiterating that no one should confront anyone they see violating any laws; they are to call the police and let them handle the situation as that is what they are trained to do. Mayor McDonald reiterated that she would like to consider whatever means it takes to address this issue so that our community is not afraid and that she wants the City to be at the forefront of the solution by working with the law City of Trotwood Page 10 City Council Meeting Minutes - Final June 6, 2022 director, the police chief, and even speaking with the governor because we have to do better. Law Director Conard agreed to do some research and work on some possible recommendations to address the reckless driving problem. Councilmember Brown is in agreement with having higher consequences for offenders. Councilmember Vaughn spoke from a public safety standpoint and feels it isn't always the need for new laws, but the enforcement of existing laws. He believes warnings are ineffective and further, budgets cannot be cut, then expect better service; we must do what is necessary to carry out the job and be proactive in addressing existing laws, ordinances, rules, etc. Vice Mayor Page shared that she hears the cars every night on Denlinger Road and Shiloh Springs Road, and she recently saw an event behind Consumer Square where there were 100+ cars doing donuts. She would like to see a few things done: 1) communicate, call someone 2) education, and 3) implement rules to stop these actions. Vice Mayor Page stated that she is behind the Mayor 150%. Councilmember Kelley, Jr. stated he believes public safety is most important and he cannot speak enough about it. He is all in favor of doing what needs to be done to curb this behavior. Chief Wilson commented that he hears Council saying they are 100% behind this initiative and he too wants to get ahead of this issue before it becomes an overwhelming problem. Deputy City Manager Kellum reminded everyone that if they see a flyer or a social media post about any such event to contact the police department so that they can be proactive in addressing the issue. City Manager Pope expressed his faith in Chief Wilson and the police department as they are a progressive department with great ideas and ways to address issues like reckless driving. City of Trotwood Page 11 City Council Meeting Minutes - Final June 6, 2022 D. Clerk of Council: Announcements Announcements: The City plans to hold a memorial service for those who resided in the City of Trotwood when they passed away from COVID-19. If you would like your friends and loved ones to be remembered, please e-mail Marketing Coordinator Charles Wheeler at chwheeler@trotwood.org, by Friday, June 10th with the subject titled “Faces of COVID”. Be sure to include their name, address, and the date they passed away. You are also encouraged to attach a photograph so that it can be included in a collage with other victims. On Friday, June 17th, the Parks and Recreation Department will host a Community Movie Night at Madison Park, located at 301 South Broadway Avenue. Bring your lawn chairs and blankets and enjoy the showing of the Disney Pixar film “Luca.” The movie is FREE and will begin around 8:45 p.m. Beginning Wednesday, July 6th, the Parks and Recreation Department will have a Community Farmer’s Market every Wednesday from 3:00 – 7:00 p.m. in the parking of the former Salem Mall (5200 Salem Avenue). The market will run RAIN or SHINE through September 28th. If you are interested in becoming a vendor at the Market, please contact Marketing Coordinator Charles Wheeler at 937-854-7228 or you can find the application on the City’s website. XVIII. Adjourn Mayor McDonald requested a Motion to adjourn the meeting. Councilmember Vaughn made a Motion, seconded by Vice Mayor Page, and the meeting was adjourned at 7:45 p.m. City of Trotwood Page 12