On Wednesday, July 5, 2017, at 6:00 p.m., the Dayton City Commission met in regular session in the Commission Chambers of City Hall.

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1 On Wednesday, July 5, 2017, at 6:00 p.m., the Dayton City Commission met in regular session in the Commission Chambers of City Hall. CALL TO ORDER Mayor Whaley called the meeting to order. INVOCATION Commissioner Shaw gave the invocation. PLEDGE OF ALLEGIANCE Mayor Whaley led the public in the Pledge of Allegiance. ROLL CALL Roll call was taken and Mayor Whaley, Commissioners Williams, Joseph, Mims and Shaw were present. The Acting Clerk of Commission, Mr. Kery Gray, and the City Manager, Ms. Shelley Dickstein, were also present. APPROVAL OF MINUTES Commissioner Mims made the motion to approve the minutes from the June 28, 2017, meeting. Commissioner Williams seconded the motion. The previous meeting minutes were unanimously approved. COMMUNICATIONS AND PETITIONS There were no communications or petitions. SPECIAL AWARDS/PRESENTATIONS Disability Awareness Month Mayor Whaley invited Ms. Wanda Sloan, Representative of Disability Awareness Month, to the podium to provide a community update. Ms. Sloan said she represents persons with disabilities everywhere to show them that just because you have a disability you can still enjoy life. The Acting Clerk of Commission Mr. Kery Gray, read a proclamation for Disability Awareness Month. ADDITIONS OR DELETIONS TO THE CALENDAR The Acting Clerk of Commission, Mr. Kery Gray, requested the addition of the legislation regarding the two public hearings at the pleasure of the City Commission. The City Manager, Ms. Shelley Dickstein, had no additions or deletions to the calendar. REPORTS: A. Purchase Orders, Price Agreements and Contracts: (All contracts are valid until delivery is complete or through December 31 st of the current year). 1. Purchase Orders: AVIATION A1. Cellco Prtnshp dba Verizon Wireless (additional wireless data communications devices) $31, A2. Saturn Electric, Inc. (trenching, underground boring and related services) 32, CENTRAL SERVICES B1. Greater Dayton Construction LTD dba Oberer Thompson Company (building repair services to repair or replace wood building lintel of load-bearing masonry wall at the Dayton Cultural and RTA Transit Center) 125, B2. CDW Government, Inc. (Barracuda Web Security Gateway 810 appliance, software, including maintenance and support agreement) 34, RECREATION & YOUTH SERVICES C1. BSN Sports, Inc. (twenty portable aluminum bleachers) 43,997.00

2 1. (Cont d) WATER D1. Rotork Controls, Inc. (Rotork brand actuator repair parts and services as needed through ) $60, Depts. of Aviation, Central Services, Recreation & Youth Services and Water. Total: $327, Conduent Government Systems, LLC Service Agreement to provide Remote Database Administration services and support of the Oracle Relational Database Management System Dept. of Central Services/Information Technology. $25, (Thru 03/31/18) 3. Montgomery County Engineer Service Agreement Cost Participation Agreement for Keowee Street Bridge Water Main Improvements Dept. of Water/Water Engineering. $76, (Thru 12/2019) 4. Montgomery County Land Reutilization Corporation Service Agreement to temporarily hold title to the real property commonly known as 40, 225, and 219 South Main Street and 22 West Fifth Street Dept. of Planning & Community Development. $200, (Thru 12/21) 5. Radio Satellite Integrators, Inc. Service Agreement to provide Global Position System and Automated Vehicle Tracking services Dept. of Public Works. $69, (Thru 6/30/18) CITIZENS COMMENTS ON CALENDAR ITEMS There were no citizens registered to speak on calendar items. DISCUSSION OF CALENDAR ITEMS Ordinance No Regarding the City s Risk Screening Process The City Manager, Ms. Shelley Dickstein, invited Ms. Michelle Simmons, Environmental Manager, to the podium for clarification of this Ordinance. Ms. Simmons said the Source Water Protection Program has developed a Ground Water Risk Screening Tool for businesses wishing to submit variances; however, no applications have been requested to-date. She said they are expanding their tools and partnerships by developing lunch learn topics, real estate record tools, and innovative technology demonstrations. APPROVAL OF CITY MANAGER S RECOMMENDATIONS Commissioner Williams made the motion to approve the City Manager s Reports. Commissioner Mims seconded the motion. The City Manager s Reports were approved with a 5-0 vote. Voting in the affirmative were Mayor Whaley, Commissioners Williams, Joseph, Mims and Shaw. LEGISLATION ORDINANCE FIRST READING Ordinance No Supplementing Section 53.01(C) of the Revised Code of General Ordinances to Add a Definition for the City s Risk Screening Process. ORDINANCE-SECOND READING Ordinance No Enacting Sections through of the Revised Code of General Ordinances Regarding Conversion Therapy. The question being shall Ordinance No be passed. A roll call vote was taken resulting in a 5-0 vote. Voting in the affirmative were Mayor Whaley, Commissioners Williams, Joseph, Mims, and Shaw. The Ordinance was passed.

3 PUBLIC HEARING Mayor Whaley opened the Public Hearing on Plan Board Case Z regarding the rezoning of four sites within the Sinclair College downtown campus. She asked Ms. Ann Schenking, Plan Board Secretary, to the podium to present. Ms. Schenking said this is Plan Board Case No. Z , which will correct omissions in the code, clarify terminology and provisions, make certain regulations consistent from one zoning district to another, and update regulations to reflect experience to date and emerging best practices. She said the zoning changes will improve the administration and enforcement of code. Ms. Schenking said during the Plan Board public hearing there was unanimous support for this case with a 6-0 vote. Ms. Schenking said the City Commission has three decision options, approve the Plan Board recommendation to amend the zoning code, deny the request to amend the zoning code, or remand the case back to the Plan Board if additional review is needed. CITIZENS COMMENTS ON THE PUBLIC HEARING Citizens comments on the public hearing were received from the following: 1. Ms. Laura Estandia, 417 Adams St. spoke in support of the zoning change. Mayor Whaley closed the hearing. The pleasure of the City Commission is to move forward. THIS ITEM WAS ADDED EMERGENCY ORDINANCE FIRST AND SECOND READING Emergency Ordinance No Amending, Enacting, or Repealing Various Sections of the Revised Code of General Ordinances Relating to the Zoning Code, and Declaring an Emergency. Commissioner Williams moved that this being an emergency measure for the immediate consideration of the Ordinance. Commissioner Mims seconded the motion. The motion was passed with a 5-0 vote. Voting in the affirmative were Mayor Whaley, Commissioners Williams, Joseph, Mims and Shaw. The question being shall Emergency Ordinance No be passed. A roll call vote was taken resulting in a 5-0 vote. Voting in the affirmative were Mayor Whaley, Commissioners Williams, Joseph, Mims and Shaw. The Emergency Ordinance was passed. PUBLIC HEARING Mayor Whaley opened the Public Hearing on Plan Board Case Z regarding the rezoning of portions of Welcome Park from MR-5 Mature Single- Family to I-1 Light Industrial and the remaining balance of Welcome Park to from MR-5 to OS Park/Open Space. She asked Ms. Ann Schenking, Plan Board Secretary, to the podium to present. Ms. Schenking said this is Plan Board Case No. Z , which will better accommodate current and proposed uses at Welcome Park. She said this request is consistent with the City s comprehensive plan and the intent and purpose of the zoning code. Ms. Schenking said the zoning changes are supported by West Priority Land Use Board and Bonbright Distributors. She said during the Plan Board public hearing no correspondence in opposition was received and there was unanimous support for this case with a 5-0 vote. Ms. Schenking said the City Commission has three decision options, approve the Plan Board recommendation to amend to rezone Welcome Park as proposed, deny the request to amend the zoning code, or remand the case back to the Plan Board for additional review. Mr. John White, Planner, Planning and Community Development, gave an overview of Welcome Park and the changes that will occur. Ms. Schenking invited Mr. David Treese, Vice President of Law, Logistics and Technology Bonbright Distributors, to the podium for comments. Mr. Treese spoke in support of the zoning change.

4 CITIZENS COMMENTS ON THE PUBLIC HEARING Citizens comments were received from the following: 1. Ms. Laura Estandia, 417 Adams St. spoke in support of the zoning change. Mayor Whaley closed the hearing. The pleasure of the City Commission is to move forward. THIS ITEM WAS ADDED EMERGENCY ORDINANCE FIRST AND SECOND READING Emergency Ordinance No Amending the Official Zoning Map to Rezone /- Acres of Welcome Park from Mr-5 to I-1 and Rezone the Balance of Welcome Park from MR-5 to OS; and Declaring an Emergency. Commissioner Joseph moved that this being an emergency measure for the immediate consideration of the Ordinance. Commissioner Shaw seconded the motion. The motion was passed with a 5-0 vote. Voting in the affirmative were Mayor Whaley, Commissioners Williams, Joseph, Mims and Shaw. The question being shall Emergency Ordinance No be passed. A roll call vote was taken resulting in a 5-0 vote. Voting in the affirmative were Mayor Whaley, Commissioners Williams, Joseph, Mims and Shaw. The Emergency Ordinance was passed. CITIZENS COMMENTS Citizens comments were received from the following: 1. Mr. Willie Feaster, 112 Lincoln St. made general comments regarding neighborhood concerns. COMMENTS BY THE CITY MANAGER The City Manager, Ms. Shelley Dickstein, commended staff for the festival of lights celebration. COMMENTS BY THE CLERK OF COMMISSION The Acting Clerk of Commission, Mr. Kery Gray, had no closing comments. COMMENTS BY CITY COMMISSION Commissioner Mims Commissioner Mims commended staff for the Festival of Lights celebration. He highlighted his attendance at the Freedom Schools Harambee. Commissioner Williams Commissioner Williams commended staff for the Festival of Lights celebration. Commissioner Joseph Commissioner Joseph commended staff for the Festival of Lights celebration. Commissioner Shaw Commissioner Shaw commended staff for the Festival of Lights celebration. He thanked police staff for handling the incident at the celebration. ADJOURNMENT There being no further business, the meeting was adjourned at 6:42 p.m. Mayor Nan Whaley Attest: Clerk of Commission

5 WORK SESSION A copy of prepared materials has been recorded as Communication and Petition Number 21230, dated July 5, The Dayton City Commission met in a Work Session on Wednesday, July 5, 2017, at 4:39 p.m., preceding the regularly scheduled City Commission meeting. The Work Session was held in the City Manager s Large Conference Room, located in City Hall. Mayor Nan Whaley and Commissioners Joey D. Williams, Matt Joseph, and Christopher Shaw were present. Mr. Kery Gray, Director of the City Commission Office, was also present. Ms. Shelley Dickstein, City Manager, Ms. Tammi Clements and Mr. Joe Parlette, Deputy City Managers were also present. Ms. Barbara LaBrier, Office of Management and Budget Director, and Ms. Diane Shannon, Office of Management and Budget Deputy Director, were the presenters for the Monthly Financial Briefing. Commissioner Jeffrey J. Mims, Jr. later joined the Work Session. Mayor Whaley opened the Work Session and asked Ms. Dickstein to proceed; Ms. Dickstein introduced Ms. LaBrier. REVENUE Ms. LaBrier reported that there were some preliminary warning signs which would be discussed during the presentation. Through May, total sources are up 3.3 percent ($2.3 million), which is less than forecast. Uses are up 14.8 percent ($9.8 million), approximately on target. She noted that absent the funds from Issue 9, we would have been down 2.4 percent ($1.7 million). Commissioner Williams noted that we are up slightly in Income Tax revenue and asked if we were down overall because of EMS Fees. Ms. LaBrier said that Income Tax is up less than expected and that EMS Fees are down due to write-offs that we are discussing with the vendor. Ms. Shannon added that there are concerns in a broad range of areas, which is the cause for the concern. Ms. Shannon reported that the job counts for Montgomery County are down slightly from March 2017 highs and are above January 2017 levels. Montgomery County is down 40,000 jobs compared to its 1990 peak and is up 28,000 jobs from its nadir during the Great Recession. Ms. Shannon summarized job growth in various sectors. Ms. LaBrier reported that baseline (non-issue 9) income tax is up 0.4 percent, short of the 2.3 percent increase forecast and total income tax is up 8.6 percent. She reported that withholding is up 11 percent ($4.5 million), business profits are down 9 percent ($513,000), individual payments are up $86,000 and refunds are down $59,000. The forecast was for a 10.7 percent increase (5.2 million) and the actual result is about $1 million below the forecast. Ms. LaBrier reported that Property Tax is at the estimate and there is little change since we are between reappraisals. She reported that timing changes resulted in a temporary increase in the Hotel/Motel tax and that it is believed to be a timing issue only. Ms. LaBrier reported that Waste Collection revenue is up two percent to $4.2 million and EMS fees are down 34 percent ($600,000). It was explained that gross revenue is down 40 percent ($800,000) and cash collections are up 12 percent ($213,000). It was also noted that billable runs are up 12 percent. Ms. LaShea Lofton, Finance Department Director, reported that gross billings are up and contractual write-offs and bad debt write-offs are up significantly. She stated that more research is ongoing to understand these actions. There is a concern that future cash collections will be lower because the write-offs have increased. Research is on-going as to why write-offs have increased. It is possible that an increase in opioid related transports has affected the write-offs, but this is not confirmed yet. Ms. LaBrier reported that Other Charges are down 11 percent ($600,000) from the forecast and down 13 percent ($700,000) from last year s actual. Decreased Convention Center charges and Indirect Cost reimbursement are two areas with significant declines. The Local Government Fund is down $100,000 from the forecast. The new State Budget will eliminate the municipal allocation, which was dramatically reduced in the last budget. This will result in less funds coming to Dayton. Mayor Whaley noted that mayors from around Ohio called Governor Kasich s office about this; however Governor Kasich allowed this measure to remain in the final budget bill. Dayton forecast $7.3 million for the Local Government Fund and expected to receive $6.9 million; with the new budget bill in place, we now expect to receive no more than $6.5 million.

6 Other Intergovernmental, Fines & Forfeitures, License & Permits, and Other Revenue all have dropped compared to 2017 forecasts. Commissioner Williams asked how staff estimates License & Permit revenue. Ms. Shannon said that the staff uses trend analysis. EXPENDITURES Ms. LaBrier reported that Personnel expense is down 3.5 percent from forecasted levels, and are up 2.6 percent ($1.1 million) compared to Ms. LaBrier noted that 2016 s costs included retroactive pay for the Fire Department, which reduced the level of increase between 2016 and She noted Personnel costs will go up later in 2017 when a Police Recruit class begins. Ms. LaBrier reported that Contracts & Materials are up 2.4 percent ($335,000) as compared to Ms. LaBrier reported that 71 percent of planned Capital Funds have been expended or encumbered. STATE BUDGET It was reported that Governor Kasich vetoed 47 line items in the State budget bill. Some of these will be overridden by the Ohio General Assembly. Vetoes of the Medicare and Managed Care Organizations (MCO) are not expected to be over-ridden. FEDERAL BUDGET Ms. LaBrier reported that federal budget cuts are still anticipated and may be less draconian than originally thought. KEY TAKEAWAYS Ms. LaBrier summarized the presentation with these take-aways: Revenues are under forecast and a cause for concern Issue 9 receipts are below targets The General Fund continues to experience stress The State and Federal budgets continue to offer challenges to the City Commissioner Joseph asked if we had information about the experience of other communities with their revenue. Ms. LaBrier indicated that this will be gathered in the future. Mayor Whaley noted that Akron is planning to request voters increase the tax rate; this will mean nearly every large and medium sized city has gone for a rate increase. Mayor Whaley thanked everyone for a full discussion. The Work Session concluded at 5:05 p.m.