City Council

City of Trotwood 3035 Olive Road Trotwood, Ohio 45426 937.837.7771 www.trotwood.org Meeting Minutes - Final Monday, February 6, 2023 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 6, 2023 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 Chris Conard, Deputy City Manager Stephanie Kellum, Finance Director Chris Peeples, Assistant Finance Director Julie Kilbarger, Fire Chief Richard Haacke, Deputy Fire Chief Chad McInturff, Police Chief Erik Wilson, Deputy Police Chief Mark Ecton, TCIC Executive Director Chad Downing, Marketing Coordinator Charles Wheeler, Income Tax Supervisor Sue Bowman, Assistant to the City Manager Cheryl Wheeler. VISITORS PRESENT: Shirley Banfill, Sherri House, Janet Repass, Yoonmee Hampson, Sister Mary Garke, Mary Garascia, Richard Eldridge, Janice Chinn, Steve Foote, Janet Foote, K. Merchant-Parrish, Mary Kimble, Waldo Littlejohn, Colleen Vollmer, Martha Bertke, Annette Ross-Gray, Dennis Turner, Roy Hinton, Phil Leppla, Maggie Thomas, Vivian Jordan, and Katrina Coleman. V. Approve the Agenda Mayor McDonald requested a Motion to remove Resolution No. R23-07 from the Agenda at the request of Chad Downing, Executive Director of the Trotwood Community Corporation. Councilmember Gales made a Motion, 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 Mayor McDonald requested a Motion to approve the Amended Agenda. A Motion was made by Vice Mayor Page, seconded by Councilmember Brown, and the motion CARRIED by the following vote: City of Trotwood Page 1 City Council Meeting Minutes - Final February 6, 2023 Aye: 7- Mayor McDonald, Councilmember Finley, Councilmember Kelley Jr., Councilmember Gales, Councilmember Brown, Councilmember Vaughn and Vice Mayor Page VI. 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. Ms. Shirley Banfill, 5445 Oakes Road, asked if Oakes Road is on the schedule for repairs since the road levy passed, and further, when the repairs will begin. Ms. Banfill also commented that the traffic is increasing due to the construction in Moss Creek, to include school buses. City Manager Pope shared that road repairs will begin this year and there is a method for which roads will be repaired and when. City Manager Pope referred Ms. Banill to Deputy City Manager Kellum for further discussion. Also, he will contact both school districts to discuss their routes. VII. Special Presentations and Recognitions PR06-23 Black History Month Expression Contest for Trotwood Students Presented by Charles Wheeler III, Marketing Coordinator Recreation Department Attachments: PR06-23 Attachment Marketing Coordinator Charles Wheeler explained that the City's Black History Month Expression Contest is for students in grades 3-12 who are Trotwood residents and that the contest runs through February 17. Mr. Wheeler then shared information about the showing of Claudine on Monday, February 27 at 5:00 p.m., to include a panel discussion afterwards hosted by Mayor McDonald. Mr. Wheeler also discussed the upcoming Community and Economic Development Ready, Set, Grow! Entrepreneur Toolkit interactive workshop series by Central State University Extension Community and Economic Development's Small Business Program. This program is designed to help aspiring start-up and existing businesses clarify their business model. City of Trotwood Page 2 City Council Meeting Minutes - Final February 6, 2023 VIII. Consent Agenda Mayor McDonald requested a Motion to approve the Consent Agenda. 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 SR23-03 Regular City Council Meeting Minutes from January 3, 2023. Attachments: 2023-01-03 Meeting Minutes DRAFT The meeting minutes were approved and will be filed according to the City's Retention Schedule. SR23-04 Special City Council Meeting Minutes from January 30, 2023. Attachments: 2023-01-30 Meeting Minutes DRAFT The meeting minutes were approved and will be filed according to the City's Retention Schedule. R23-10 A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING THE CITY-SPONSORED BLACK HISTORY MONTH EXPRESSION CONTEST TO SERVE THE PUBLIC PURPOSE OF PROMOTING STRONG COMMUNITY RELATIONS AND AUTHORIZING THE AWARD OF CASH PRIZES TO THE WINNERS, WITH EXPENDITURES NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00). Attachments: R23-10 R23-10 Attachment This Resolution was approved. 23-05 A Motion by the Trotwood City Council to schedule a Public Hearing and to authorize the Law Director to draft an Ordinance accepting the recommendation from the Trotwood Planning Commission to approve an amendment to the official Zoning Map of the City and the classification of 0.149 acres of vacant land located on Bloomfield Drive, Parcel No. H33 00514 0082, from Business Industrial (B-I) to Residential Single Family Medium Density (RSF-M). This Motion was approved and a Public Hearing will be scheduled. City of Trotwood Page 3 City Council Meeting Minutes - Final February 6, 2023 IX. 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 Vaughn, 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 X. Ordinances OR08-23 AN ORDINANCE BY THE TROTWOOD CITY COUNCIL TRANSFERRING OWNERSHIP OF THE CITY-OWNED PROPERTY KNOWN AS 1549 COURTER STREET, PARCEL NO. H33 01212 0052, TO THE TROTWOOD COMMUNITY IMPROVEMENT CORPORATION AND DECLARING THE PROPERTY SURPLUS. Attachments: OR08-23 OR08-23 Map TCIC Executive Director Downing explained that the next three ordinances are regarding City-owned properties acquired through either tax foreclosure or were given to the City, or through the County Land Bank, and the goal is to get the properties ready for future development. Mayor McDonald requested a Motion to adopt OR08-23. A Motion was made by Councilmember Vaughn, 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 4 City Council Meeting Minutes - Final February 6, 2023 OR09-23 AN ORDINANCE BY THE TROTWOOD CITY COUNCIL TRANSFERRING OWNERSHIP OF THE CITY-OWNED PROPERTY KNOWN AS 4963 LIVE OAK DRIVE, PARCEL NO. H33 01212 0031, TO THE TROTWOOD COMMUNITY IMPROVEMENT CORPORATION AND DECLARING THE PROPERTY SURPLUS. Attachments: OR09-23 OR09-23 Map Mayor McDonald requested a Motion to adopt OR09-23. A Motion was made by Vice Mayor Page, 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 OR10-23 AN ORDINANCE BY THE TROTWOOD CITY COUNCIL TRANSFERRING OWNERSHIP OF THE CITY-OWNED PROPERTY KNOWN AS 1500 GUENTHER ROAD, PARCEL NO. H33 01121 0001, TO THE TROTWOOD COMMUNITY IMPROVEMENT CORPORATION AND DECLARING THE PROPERTY SURPLUS. Attachments: OR10-23 OR10-23 Map Mayor McDonald requested a Motion to adopt OR10-23. 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 OR11-23 AN ORDINANCE BY THE TROTWOOD CITY COUNCIL AMENDING THE 2023 WAGE SCALES ADOPTED BY ORDINANCE NO. OR33-22 TO CORRECT ERRORS ON SCHEDULE B, AND DECLARING AN EMERGENCY. Attachments: OR11-23 OR11-23 Exhibit A Assistant Finance Director Julie Kilbarger explained that these changes are necessary as some of the part-time, non-union wages on Schedule B of the Wage Scales were inadvertently overlooked when applying the 2.5% increase. Mayor McDonald requested a Motion to adopt OR11-23. A Motion was made by Vice Mayor Page, 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 City of Trotwood Page 5 City Council Meeting Minutes - Final February 6, 2023 XI. Aggregation Programs (Public Hearing 1 of 2) R23-08 A RESOLUTION BY THE TROTWOOD CITY COUNCIL APPROVING THE OPERATION AND GOVERNANCE PLAN DEVELOPED BY THE MIAMI VALLEY COMMUNICATIONS COUNCIL FOR THE PURPOSE OF JOINTLY ESTABLISHING AND IMPLEMENTING AN ELECTRIC AGGREGATION PROGRAM. Attachments: R23-08 R23-08 Exhibit A City Manager Pope reviewed how residents passed the issues of electric aggregation and natural gas aggregation in November 2022 and that before adopting a Plan, the City must hold two Public Hearings. He then introduced Amy Hoffman with Palmer Energy, energy consultants for the Miami Valley Communications Council (MVCC). Ms. Hoffman shared that the MVCC is working to create an Electric Aggregation Program for participating communities. She explained the timeline of the Aggregation Program, to include a Request for Proposals process. She commented that the contract will most likely be for a 2-3 year period and the whole reason in doing this is to lower pricing for those in the Program in order to provide protection from high rates. Mr. Waldo Littlejohn, 729 Chandler Drive, asked if seniors would receive a discount or if the price be the same across the board. Ms. Hoffman explained that the negotiated price would be for everyone who chooses to join the Aggregation Program. She further explained that should you want to leave the Program, there are no early termination fees. She also shared that participating communities have to go through a process, to include public hearings like this; however, many of the communities that are part of the MVCC have expressed their interest and given verbal commitments. She added that small businesses could join in the Program as well. Mayor McDonald asked Ms. Hoffman to explain why coming together is beneficial. Ms. Hoffman expressed that this is an option, not a requirement, and that with the Aggregation Program, you will always know the rate, the term, and the supplier. Further, when the contract ends, a new contract will be negotiated and you would receive the same details – rate, term, and supplier. She stated that this is simply bulk purchasing, like Sam’s Club or Costco. Ms. Hoffman clarified that Ohio is a deregulated state, meaning consumers have the opportunity to find their own supplier. However, the utility is regulated and governed by PUCO. She explained your supplier will show on the bill, along with how many kilowatt-hours were used, and the fixed rate; there will only be only one bill, separated out by utility and supplier. Ms. Hoffman commented that in this area, AES is the utility; aggregation is about the supplier. She encouraged residents to call her with any questions. She reiterated that for everyone who is currently with the utility and not under contract with another supplier, you will be automatically enrolled in the aggregation plan; you only need to notify them if want to opt-out. City of Trotwood Page 6 City Council Meeting Minutes - Final February 6, 2023 Ms. Janice Chinn, Progressive Citizens of Trotwood, mentioned that the City of Dayton had something similar to this in the 90s when the gas and electric utilities broke apart. Ms. Hoffman explained that this is when Ohio became a deregulated state. Ms. Chinn asked if the supplier could sell a person’s account to another company or if they change their name, owners, etc. would the rate change. Ms. Hoffman explained that the rate will not change once the contract is executed; however, should the supplier default, consumers would go back to the utility as their supplier. Ms. Chinn asked about the length of the contract. Ms. Hoffman explained that they recommend no longer than a 3 year contract because no one knows what the market will be like that far out. She also reiterated that consumers would still call the utility when they have an issue, like wires down; aggregation is simply a savings on the supply, it does not affect service from the utility. Mr. Richard Eldridge, 4737 Pierpont Drive, asked how communication via U.S. Mail will be marked so residents are certain not to mistake the information as junk mail. Ms. Hoffman believes communication will be marked with the City of Trotwood branding. She also shared that other marketing tools will be used to advise residents when information is being sent. A female (unknown name/address) stated she came from Florida; Ms. Hoffman stated Florida is not deregulated. The unknown female stated she is currently with AES and asked if she will need to do anything. Ms. Hoffman explained that she will be included in the Aggregation Program so she would only need to opt-out if she doesn’t want to join. Ms. Hoffman advised residents who are with another supplier to inquire about having to pay an early termination fee in order to switch to the Aggregation Program. R23-09 A RESOLUTION BY THE TROTWOOD CITY COUNCIL APPROVING THE OPERATION AND GOVERNANCE PLAN DEVELOPED BY THE MIAMI VALLEY COMMUNICATIONS COUNCIL FOR THE PURPOSE OF JOINTLY ESTABLISHING AND IMPLEMENTING A NATURAL GAS AGGREGATION PROGRAM. Attachments: R23-09 R23-09 Exhibit A Ms. Hoffman explained that everything she said about electric aggregation applies to natural gas aggregation. The natural gas aggregation program will most like start in the fall, which is the beginning of the next gas season. Ms. Janice Chinn, Progressive Citizens of Trotwood, asked if the cost of natural gas will vary. Ms. Hoffman explained that the RFP will ask for both a fixed rate and a variable rate. A fixed rate would apply for the duration of the contract. Ms. Chinn asked if Centerpoint would still be the utility and Ms. Huffman confirmed they would. Ms. Vivian Jordan, 5513 Woodcreek Drive, Apt. D, asked if you have to participate in both programs. Ms. Hoffman stated that you do not have to participate in both programs. She further explained that the plans will not go into effect at the same time so the information will be delivered at different times. Councilmember Finley asked about the number of communities joining the City of Trotwood Page 7 City Council Meeting Minutes - Final February 6, 2023 Aggregation Program. Ms. Hoffman explained that the number is very fluid because of the process that has to be followed and where each community is in that process. However, they are not waiting for all of the member communities to join before doing the RFP. Other communities can join once they have completed the required steps, but they would have a shorter contract that would end when the original contract ends. This will allow for the highest number of consumers for the next RFP and negotiated rate. Vice Mayor Page asked if there will be a level billing option. Ms. Hoffman stated yes; however, the budget billing only applies to the supplier portion of your bill, not the utility. Councilmember Gales asked about staying with AES. Ms. Hoffman explained that if she is with AES, she will receive the opt-out letter. If she can secure a lower rate before the Aggregation Program begins, be sure to ask about early termination fees if she would like to participate in the Aggregation Program. Councilmember Brown asked about the opt-out notice and the 21-day time period. Ms. Hoffman explained that once the opt-out letter is mailed, consumers will have 21 days to contact the supplier to opt-out before their new supplier goes into effect. City Manager Pope mentioned the members of the MVCC, explaining that there are some full member communities and there are some affiliate members. He also explained that the MVCC will create a Board of Directors from their member communities so each community will have representation when voting on the details of the Aggregation Program. XII. Close Public Hearings Mayor McDonald requested a Motion to close the Public Hearings. A Motion was made by Councilmember Brown, 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 XIII. Resolutions R23-06 A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE OHIO DEPARTMENT OF TRANSPORTATION TO PERFORM BRIDGE REPAIRS, PROJECT ID NO. 108092, IN THE CITY OF TROTWOOD. Attachments: R23-06 R23-06 Map City Manager Pope explained that this project by the Ohio Department of Transportation is for bridge repairs to a small bridge on State Route 49, south of Westbrook Road and North of Olive Road. The State is only asking for the City's approval to work in the City; they cover 100% of the cost. The project is slated to begin in July. City of Trotwood Page 8 City Council Meeting Minutes - Final February 6, 2023 Mayor McDonald requested a Motion to approve R23-06. 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 R23-07 A RESOLUTION BY THE TROTWOOD CITY COUNCIL AUTHORIZING THE CITY MANAGER TO ACCEPT AN EASEMENT AND ENTER INTO A PERPETUAL MAINTENANCE AGREEMENT WITH GATED PROPERTIES GLOBAL II, LLC, TO MAINTAIN AN EASEMENT AREA AND THE RETENTION POND IN THE EASEMENT AREA. Attachments: R23-07 R23-07 Exhibit 1 Resolution No. R23-07 was removed from the Agenda by voice vote at the beginning of the meeting at the request of Chad Downing, Executive Director of the Trotwood Community Improvement Corporation. XIV. Staff Reports SR23-05 New Liquor Permit Request from Latherly Pizza LLC, DBA New York Pizzeria, 498 East Main Street, Trotwood, Ohio 45426. Attachments: SR23-05 Attachment Police Chief Erik Wilson stated that the Police Department has no objections with this request and recommends that Council approve the request with no comment. Chief Wilson noted that this is the first time a company has contacted the department prior to their request being received from the State. Mayor McDonald asked if this permit would allow the business to serve alcohol with a meal or to simply sell alcohol. Chief Wilson answered stating that these permit classes would allow the business to serve alcohol with a meal, and to sell alcohol. Mayor McDonald requested a Motion to approve SR23-05 without comment. A Motion was made by Councilmember Vaughn, 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. Old and New Business City of Trotwood Page 9 City Council Meeting Minutes - Final February 6, 2023 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 Brown stated that she felt the information on aggregation was very informative and she appreciated Ms. Hoffman attending the meeting and explaining the process. Mayor McDonald suggested that Ms. Hoffman bring a bill to the next public hearing scheduled for the March Regular Meeting. Councilmember Gales expressed her appreciation to Central State and all of the programs they sponsor in the community and she encouraged everyone to participate and support them. Councilmember Vaughn thanked Ms. Hoffman for the aggregation information. He also explained that City-owned land is mowed by the City so when it is taken over by the TCIC it reduces a considerable expense for the City. Councilmember Vaughn commented on Black History Month, sharing his personal feelings about history. Councilmember Finley has received several calls about a new bus stop at Olive Road and Bradfield Drive and is asking City Manager to review the location in regards to safety issues. She also shared that every Friday is free-lunch Friday from 11:30 a.m. to 1:00 p.m. at Mt. Calvary Baptist Church. Lastly, she thanked all of the residents who came out to the meeting. Vice Mayor Page stated that the aggregation discussion was very important; she is still unclear on the topic and plans to do her own research. She shared that she was excited to see so many people in the audience as the aggregation issue affects everyone. Vice Mayor page encouraged everyone to come to the Council meetings. Councilmember Kelley shared his appreciation for the information on aggregation. He expressed his excitement about the expression contest for Black History Month as he is very moved to see and hear about young people learning about and wanting to understand who they are. B. City Manager City Manager Pope had no comments. C. Mayor Mayor McDonald thanked everyone for coming to the Meeting. She also shared that she met with the Sisters of the Precious Blood and how much she enjoyed meeting with them to share things going on in the community. Mayor McDonald commented that last week was National Catholic School week and she had an opportunity to visit Mother Brunner School and share with students; she thanked them for honoring the City of Trotwood. Mayor McDonald mentioned that she attended a virtual meeting to talk with City of Trotwood Page 10 City Council Meeting Minutes - Final February 6, 2023 students who attend the Trotwood Virtual School Academy. She witnessed a different way of learning, which was very encouraging knowing some of the concerns with the school and their state report card. Mayor McDonald mentioned the upcoming Grand Opening of the West Campus of Goodwill Easterseals on February 28 and the opening of the Courthouse on March 10. She also commented that the Senior Lofts will be opening soon after. 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 and the meeting was adjourned at 8:00 p.m. City of Trotwood Page 11