City Council

City of Trotwood 3035 Olive Road Trotwood, Ohio 45426 937.837.7771 www.trotwood.org Meeting Minutes - Final Tuesday, July 5, 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 July 5, 2022 I. Call to Order Mayor McDonald called the meeting to order at 6:00 p.m. II. Invocation Mayor McDonald gave the Invocation. III. Pledge of Allegiance Mayor McDonald led the Pledge of Allegiance. IV. Roll Call Clerk Landis took Roll Call and advised Mayor McDonald that Councilmember Vaughn was not feeling well and respectfully requested to be excused. Present: 6 - Mayor Mary A. McDonald, Councilmember Rhonda C. Finley, Councilmember Robert L. Kelley Jr., Councilmember Bettye L. Gales, Councilmember Tyna R. Brown and Vice Mayor Yvette Page Excused: 1 - Councilmember Charles Ron Vaughn 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, Fire Chief Richard Haacke, Police Chief Erik Wilson, Income Tax Supervisor Sue Bowman, and Generalist Portia Hill. Visitors Present: Martha Erwin, Karla Parrish, and Glenn Parrish. V. Approve the Agenda Mayor McDonald requested a Motion to approve the Agenda. A Motion was made by Councilmember Kelley, Jr., seconded by Councilmember Brown, and the Motion CARRIED by the following vote: Aye: 6- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr., Councilmember Gales, Councilmember Brown and Vice Mayor Page Excused: 1- Councilmember Vaughn 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 Councilmember Gales, seconded by Councilmember Brown, and the Motion CARRIED by the following vote: Aye: 6- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr., Councilmember Gales, Councilmember Brown and Vice Mayor Page Excused: 1- Councilmember Vaughn City of Trotwood Page 1 City Council Meeting Minutes - Final July 5, 2022 SR22-19 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 performance of a public employee. VII. Adjourn Executive Session Mayor McDonald requested a Motion to adjourn the Executive Session. A Motion was made by Councilmember Kelley, Jr., seconded by Vice Mayor Page, and the Motion CARRIED by the following vote: Aye: 6- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr., Councilmember Gales, Councilmember Brown and Vice Mayor Page Excused: 1- Councilmember Vaughn 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. Consent Agenda Mayor McDonald requested a Motion to approve the Consent Agenda. A Motion was made by Vice Mayor Page, seconded by Councilmember Gales, and the Motion CARRIED by the following vote: Aye: 6- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr., Councilmember Gales, Councilmember Brown and Vice Mayor Page Excused: 1- Councilmember Vaughn SR22-20 Approval of the Regular City Council Meeting Minutes from June 6, 2022. Attachments: 2022-06-06 Meeting Minutes DRAFT The meeting minutes were approved and will be filed according to the City's Retention Schedule. SR22-21 Approval of the Workshop Session Minutes from June 21, 2022. Attachments: 2022-06-21 Meeting Minutes DRAFT (Workshop) The meeting minutes were approved and will be filed according to the City's Retention Schedule. City of Trotwood Page 2 City Council Meeting Minutes - Final July 5, 2022 R22-35 A RESOLUTION BY THE TROTWOOD CITY COUNCIL TO CANCEL THE CITY COUNCIL REGULAR MEETING SCHEDULED FOR MONDAY, AUGUST 1, 2022. THE NEXT REGULAR CITY COUNCIL MEETING WILL BE HELD ON TUESDAY, SEPTEMBER 6, 2022. Attachments: R22-35 This Resolution was approved. R22-36 A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING A CITY-SPONSORED ELECTRONIC WASTE WEEK AND SHRED DAY EVENT WITH WASTE MANAGEMENT IN ORDER TO SERVE THE PUBLIC PURPOSE OF COMBATTING IDENTITY THEFT THROUGH THE PROPER DISPOSAL OF SENSITIVE ELECTRONIC AND PRINTED MATERIALS, WITH EXPENDITURES NOT TO EXCEED FIVE THOUSAND DOLLARS ($5,000). Attachments: R22-36 This Resolution was approved. 22-23 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 and the classification of Parcel Nos. H33 00214 0001 and H33 00214 0002 from General Business (G-B) to Planned Unit Development - Mixed Use (PUD-Mixed Use) to accommodate future mixed-use commercial, residential, and recreational development. This Motion was approved and a Public Hearing will be scheduled. X. 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 Vice Mayor Page, seconded by Councilmember Gales, and the Motion CARRIED by the following vote: Aye: 6- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr., Councilmember Gales, Councilmember Brown and Vice Mayor Page Excused: 1- Councilmember Vaughn City of Trotwood Page 3 City Council Meeting Minutes - Final July 5, 2022 XI. Ordinances City of Trotwood Page 4 City Council Meeting Minutes - Final July 5, 2022 OR21-22 AN ORDINANCE BY THE TROTWOOD CITY COUNCIL REPEALING OLD SECTION 184.01 “AUTHORITY TO LEVY TAX; PURPOSE OF TAX; RATE” OF THE TROTWOOD CODES OF ORDINANCES, WHICH INCLUDES SUBSECTION 184.011 “AUTHORITY TO LEVY TAX,” SUBSECTION 184.012 “PURPOSES OF TAX; RATE,” SUBSECTION 184.013 “ALLOCATION OF FUNDS,” AND SUBSECTION 184.014 “STATEMENT OF PROCEDURAL HISTORY; STATE MANDATED CHANGES TO MUNICIPAL INCOME TAX” AND ENACTING A NEW SECTION 184.01 “AUTHORITY TO LEVY TAX; PURPOSE OF TAX; RATE” OF THE TROTWOOD CODES OF ORDINANCES, WHICH INCLUDES SUBSECTION 184.011 “AUTHORITY TO LEVY TAX,” SUBSECTION 184.012 “PURPOSES OF TAX; RATE,” SUBSECTION 184.013 “ALLOCATION OF FUNDS,” AND SUBSECTION 184.014 “STATEMENT OF PROCEDURAL HISTORY; STATE MANDATED CHANGES TO MUNICIPAL INCOME TAX” AND DECLARING THAT THE QUESTION OF THE REPEAL OF THE OLD SECTION 184.01 OF THE TROTWOOD CODES OF ORDINANCES, WHICH INCLUDES SUBSECTIONS 184.011, 184.012, 184.013, AND 184.014, AND THE ENACTMENT OF THE NEW SECTION 184.01 OF THE TROTWOOD CODES OF ORDINANCES, WHICH INCLUDES SUBSECTIONS 184.011, 184.012, 184.013, AND 184.014, SHALL BE SUBMITTED TO THE ELECTORS AT THE ELECTION TO BE HELD NOVEMBER 8, 2022. Attachments: OR21-22 OR21-22 Exhibit A Deputy City Manager Kellum shared that this is the same income tax issue that did not pass on the May 2022 ballot. Deputy City Manager Kellum reiterated this is a temporary income tax, not a property tax. Councilmember Finley made comments regarding the income tax with concern for those who are struggling to pay for necessities like medication, Medicare, etc. and how inflation has eroded their disposable income; residents are financially stretched. She believes any additional income tax will make inflation worse as it suppresses the economy and will discourage businesses from investing and hiring. Councilwoman Finley believes as a body of decision makers, other options should be sought. Councilwoman Finley reiterated that President Biden has proposed an infrastructure plan that could have massive impact on every sector of infrastructure in communities, including Trotwood, and while no one knows exactly what it will include because the bill is still in Congress, she is certain the City will receive some funding. Councilwoman Finley finished by sharing that she has been a resident of Trotwood for 30 years and she recognizes the reality that we have to invest in ourselves; however, she feels now is not the time to ask residents to dig deeper with inflation rates moving towards a recession. She then reiterated City of Trotwood Page 5 City Council Meeting Minutes - Final July 5, 2022 that she is on Council to serve the residents of Trotwood and whatever the citizens decide, she will respect and carry out. Councilwoman Gales stated that she respects what Councilwoman Finley shared; however, she feels that the City pays their employees to come up with ideas and Council needs to support their recommendations. She believes there should be more education about the temporary income tax so residents better understand how it would work. Councilman Kelley, Jr. feels the road repairs have to start somewhere and he is most concerned with the end result. He reiterated that no one is going to just hand over the funding and no one knows when the President's plan will pass; therefore, we have to take care of our own community and its infrastructure. Deputy City Kellum noted that staff chose the income tax option so that the burden is not solely on the residents of Trotwood; the income tax would apply to those who work in the City but live in other communities. She shared that fixing the roadways will prevent blight and also show others that the City wants to invest in the community as well. Mayor McDonald reiterated that in her 17 years on Council, residents are always commenting that they want to see the infrastructure improved. She stated that the only way Council can give residents the opportunity to participate in the decision process is through the voting process and a temporary income tax would place the majority of the burden on those who commute to Trotwood. She ended by explaining that by placing the income tax on the ballot, Council is giving residents a chance for their voice to be heard. Mayor McDonald requested a Motion to adopt OR21-22. A Motion was made by Councilmember Gales, seconded by Councilmember Kelley, Jr., and the Motion CARRIED by the following vote: Aye: 4- Mayor McDonald, Councilmember Kelley Jr., Councilmember Gales and Councilmember Brown Nay: 2- Councilmember Finley and Vice Mayor Page Excused: 1- Councilmember Vaughn City of Trotwood Page 6 City Council Meeting Minutes - Final July 5, 2022 OR22-22 AN ORDINANCE BY THE TROTWOOD CITY COUNCIL TO FACILITATE COMPETITIVE RETAIL ELECTRIC SERVICE TO PROMOTE ELECTRICITY SAVINGS, LOWER-COST ELECTRICITY SUPPLIES, AND OTHER BENEFITS FOR CERTAIN ELECTRICITY CONSUMERS AND AUTHORIZING ALL ACTIONS NECESSARY TO EFFECT AN ELECTRIC AGGREGATION PROGRAM PURSUANT TO SECTION 4928.20 OF THE OHIO REVISED CODE AND ARTICLE XVIII SECTION 4 OF THE OHIO CONSTITUTION; AND DIRECTING THE MONTGOMERY COUNTY BOARD OF ELECTIONS TO SUBMIT A BALLOT QUESTION TO THE ELECTORS; AND AUTHORIZING AN AGREEMENT WITH AN AGENT FOR SUCH PURPOSES. Attachments: OR22-22 Deputy City Manager Kellum explained that in 2016 residents failed to pass an electric aggregation initiative and now that the idea is getting more traction, staff would like Council to consider placing aggregation on the November 2022 ballot so that residents can take advantage of the opportunity to save money. Mayor McDonald reiterated that electric aggregation was on the ballot in 2016 and was voted down, but when AES recently announced their rates were increasing, residents started reaching out asking for aggregation. She reminded residents that Council wants the best for the community and measures like this are taken in order to protect those living in Trotwood. Councilwoman Finley clarified that this initiative was approved by Council in 2016 but citizens decided they did not want electric aggregation. She added that aggregation will save money, not cost money. Mayor McDonald requested a Motion to adopt OR22-22. A Motion was made by Councilmember Brown, seconded by Councilmember Gales, and the Motion CARRIED by the following vote: Aye: 6- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr., Councilmember Gales, Councilmember Brown and Vice Mayor Page Excused: 1- Councilmember Vaughn City of Trotwood Page 7 City Council Meeting Minutes - Final July 5, 2022 OR23-22 AN ORDINANCE BY THE TROTWOOD CITY COUNCIL TO FACILITATE COMPETITIVE RETAIL NATURAL GAS SERVICE TO PROMOTE NATURAL GAS SAVINGS, LOWER-COST NATURAL GAS SUPPLIES, AND OTHER BENEFITS FOR CERTAIN NATURAL GAS CONSUMERS AND AUTHORIZING ALL ACTIONS NECESSARY TO EFFECT A NATURAL GAS AGGREGATION PROGRAM PURSUANT TO SECTION 4929.26 OF THE OHIO REVISED CODE AND ARTICLE XVIII SECTION 4 OF THE OHIO CONSTITUTION; AND DIRECTING THE MONTGOMERY COUNTY BOARD OF ELECTIONS TO SUBMIT A BALLOT QUESTION TO THE ELECTORS. Attachments: OR23-22 Mayor McDonald requested a Motion to adopt OR23-22. A Motion was made by Councilmember Brown, seconded by Councilmember Gales, and the Motion CARRIED by the following vote: Aye: 6- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr., Councilmember Gales, Councilmember Brown and Vice Mayor Page Excused: 1- Councilmember Vaughn OR24-22 AN ORDINANCE BY THE TROTWOOD CITY COUNCIL PROVIDING FOR THE ISSUANCE AND SALE OF BONDS IN THE MAXIMUM PRINCIPAL AMOUNT OF $750,000, FOR THE PURPOSE OF PAYING THE COSTS OF ACQUIRING MOTOR VEHICLES AND EQUIPMENT REQUIRED FOR CARRYING OUT FUNCTIONS OF THE DEPARTMENT OF PUBLIC WORKS INCLUDING FOUR DUMP TRUCKS AND SNOW PLOWS, TOGETHER WITH ALL NECESSARY APPURTENANCES THERETO. Attachments: OR24-22 OR24-22 Attachment Finance Director Peeples shared this is a three-year bond to purchase equipment for the Public Works Department which was previously approved during the June 6, 2022 Regular Council Meeting. He explained that he researched interest rates for a lease-purchase and they were around 5%; he anticipates getting 3% or lower on the bonds. Funding will come from the street, water and sewer funds because those departments use the same vehicles. The cost will be approximately $86,000 from each fund per year for three years. Mayor McDonald requested a Motion to adopt OR24-22. A Motion was made by Councilmember Gales, seconded by Councilmember Brown,and the Motion CARRIED by the following vote: Aye: 6- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr., Councilmember Gales, Councilmember Brown and Vice Mayor Page Excused: 1- Councilmember Vaughn City of Trotwood Page 8 City Council Meeting Minutes - Final July 5, 2022 XII. Close Public Hearings Mayor McDonald requested a Motion to close the Public Hearings. A Motion was made by Vice Mayor Page, seconded by Councilmember Gales, and the Motion CARRIED by the following vote: Aye: 6- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr., Councilmember Gales, Councilmember Brown and Vice Mayor Page Excused: 1- Councilmember Vaughn XIII. Resolutions R22-37 A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT THROUGH THE FISCAL YEAR 2021 ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM FROM THE DEPARTMENT OF HOMELAND SECURITY, IF AWARDED, FOR THE PURPOSE OF REPLACING MOBILE AND PORTABLE RADIOS FOR THE TROTWOOD FIRE AND RESCUE DEPARTMENT. Attachments: R22-37 Deputy City Manager Kellum commented that the Fire and Rescue Department has applied for this grant for the last three years and has received the grant each of those years. Councilmember Gales asked if this grant requires a match. Fire Chief Haacke confirmed that the City will match 10% of the grant awarded. Mayor McDonald requested a Motion to approve R22-37. A Motion was made by Vice Mayor Page, seconded by Councilmember Brown, and the Motion CARRIED by the following vote: Aye: 6- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr., Councilmember Gales, Councilmember Brown and Vice Mayor Page Excused: 1- Councilmember Vaughn City of Trotwood Page 9 City Council Meeting Minutes - Final July 5, 2022 XIV. Staff Reports SR22-22 The Trotwood City Council has evaluated the performance of the City Manager in accordance with the terms of his Employment Agreement and will vote to grant him additional compensation. Mayor McDonald requested a Motion to address an increase in compensation for City Manager Pope. A Motion was made by Councilmember Brown to grant City Manager Pope a 2.5% cost-of-living adjustment, a 3.5% merit increase, and a one-time bonus of $5,000 to reflect his exceptional service. The Motion was seconded by Councilmember Gales and the Motion CARRIED by the following vote: Aye: 6- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr., Councilmember Gales, Councilmember Brown and Vice Mayor Page Excused: 1- Councilmember Vaughn XV. Old and New Business There was no old or new business to discuss. XVI. 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 Kelley, Jr. shared that he was pleased Council addressed City Manager Pope's evaluation and that he deserves every bit of compensation, and even more. He also mentioned the income tax issue and said he plans to discuss it further in the near future. Councilmember Finley spoke about the risks associated with being in the sun, the importance of sunscreen, and covering your skin. She reminded residents to keep cool during extreme weather, eat healthy, move more and sit less, and to rethink what you drink; hydrate. Councilmember Gales asked citizens to call the office if they have any questions about the income tax issue so they can understand what is being asked of them. She stated that she understands it may not be her street that gets paved, but any street that is paved is an improvement to the community as a whole. Vice Mayor Page talked about COVID and asked residents to take precautions. She also asked residents to check on elderly neighbors or contact the Police. She reminded residents to be cognizant of the heat when having your children and pets outside. Councilwoman Brown reiterated that Council is one body that works together for the good of the Community and each Council Member strives to do what is necessary. She shared that Council works hard to ensure that all areas in the City get the needed attention; no area is left behind. City of Trotwood Page 10 City Council Meeting Minutes - Final July 5, 2022 B. City Manager: Reminder to visit the City of Trotwood's website at www.trotwood.org for updated information and events in our City. Deputy City Manager Kellum commented that the City will be holding their E-Waste Event August 8 - 13, 2022 in the parking lot of the old Salem Mall. The City sponsors this event so that residents can properly dispose of things like electronics, tires, etc. Shredding services will also be available. 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 announced that on Sunday, July 10, 2022 at 12:30 p.m. at Gateway Cathedral the City will recognize residents who lost their lives to COVID. She also advised residents that Council will be vacation during the month of August. D. Clerk of Council: Announcements There were no announcements. XVII. Adjourn Mayor McDonald requested a Motion to adjourn the meeting. VIce Mayor Page made a Motion, seconded by Councilmember Gales, and the meeting was adjourned at 7:25 p.m. City of Trotwood Page 11