On Wednesday, February 8, 2012, at 8:30 a.m., the Dayton City Commission met in regular session in the Commission Chambers of City Hall.

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1 On Wednesday, February 8, 2012, at 8:30 a.m., the Dayton City Commission met in regular session in the Commission Chambers of City Hall. CALL TO ORDER Mayor Leitzell called the meeting to order. INVOCATION Commissioner Lovelace gave the invocation. PLEDGE OF ALLEGIANCE Mayor Leitzell led the public in the Pledge of Allegiance. ROLL CALL Roll call was taken and Mayor Leitzell, Commissioners Lovelace, Williams, Joseph and Whaley were present. The Clerk of Commission, Ms. Rashella Lavender, and the City Manager, Mr. Tim Riordan, were also present. APPROVAL OF MINUTES Commissioner Williams made the motion to approve the minutes from the February 1 st meeting. Commissioner Whaley seconded the motion. The previous meeting minutes were unanimously approved. COMMUNICATIONS AND PETITIONS Communication #20713 State of Ohio, Department of Liquor Control Permit Application D3 Permit # City of Dayton Ohio, DBA Madden Golf Course & Patio & Bsmt., 2100 Nicholas Road, Dayton, Ohio The Clerk of Commission reported receipt of Permit Application D3 Permit # City of Dayton Ohio, DBA Madden Golf Course & Patio & Bsmt., 2100 Nicholas Road, Dayton, Ohio The application was referred through the City for investigation. Communication #20714 A letter submitted by Ms. Ann O Brien at the City Commission meeting regarding the City Charter. Communication #20715 Pictures submitted by Ms. Earlene Pierce at the City Commission meeting regarding dumping in neighborhood. Communication #20716 Work Session handout regarding the 2012 Capital Improvement Plan SPECIAL AWARDS/PRESENTATIONS The Garden Club of Dayton Mayor Leitzell called Mr. John Gower to the podium to give a presentation regarding The Garden Club of Dayton. Mr. Gower said the City has worked with The Garden Club for many years. He said The Garden Club of Dayton played a key role during the greening of downtown Dayton in Mr. Gower invited Ms. Kim Zorniger, President of The Garden Club of Dayton, to the podium to discuss a current club project. Ms. Zorniger said The Garden Club of Dayton was established on June 29, The project the club is working on is called The DaVinci Tree Project. She said the club will be collaborating with the City of Dayton, neighborhood associations, and local organizations on a civic planting on the west side of North Keowee Street, north of State Route 4 in the McCook Field section of Dayton. Ms. Zorniger said the club s goal is to beautify the area and enhance the appeal for passing drivers. Commissioner Whaley thanked The Garden Club for their continued support of greening the City. The Clerk of Commission, Ms. Rashella Lavender, presented a Dayton Original Poster to Ms. Zorniger. Recycling Reward Bucks Mayor Leitzell asked Mr. Tim Riordan, City Manager, to proceed with his presentation on the Recycle Reward Bucks program. Mr. Riordan called Mr. Fred Stovall, Director of Public Works, to the podium to give a presentation on the Recycle Reward Bucks program.

2 Mr. Stovall asked Ms. Ann Schenking, Plan Board Secretary, to select four addresses which are randomly drawn from a database. Ms. Schenking drew addresses 1620 Catalpa Drive, 213 Huron Avenue, 817 Broadmoor Drive, and 218 N. Delmar Avenue. Mr. Stovall said the winners can come to 1736 E. Monument Avenue to receive their prize. ADDITIONS OR DELETIONS TO THE CALENDAR There were 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) Purchase Orders: AVIATION A1. Barrett Paving Materials, Inc. (asphalt paving material as needed through ) $13, (and for the period of through ) 30, CENTRAL SERVICES B1. ACS Government Systems (software maintenance and support services through ) 86, (and for the period of through ) 173, POLICE C1. A.E. David s Uniform Co. (uniforms and related items) 20, (and for the period of through ) 35, PUBLIC WORKS D1. Veterans Security Co. (security guard services as needed through ) 10, (and for the period of through ) 10, WATER E1. Dayton Power & Light Co. (electrical voltage upgrade services) 36, Depts. of Aviation, Central Services, Police, Public Works and Water. Total: $415, Atkins North America, Inc. Second Addendum to Master Professional Airport Services Agreement for professional airport services Dept. of Aviation. $2,000, Dayton Area Chamber of Commerce Education and Public Improvement Foundation Marketing Agreement for an Airline Co-Op Marketing Agreement to increase passenger and cargo services to and from the airport Dept. of Aviation. $440, Dayton Area Chamber of Commerce Education and Public Improvement Foundation Management Agreement for the operation and management of the Business Traveler Center at the Dayton International Airport Dept. of Aviation. $110, Triton Services Inc. Payment of Voucher for heating, ventilation and air conditioning HVAC work performed Dept. of Central Services. $15, B. Construction Contracts/Estimates of Cost: 6. Inland Waters Pollution Control, Inc. Change Order No. 1 to Contract CT for the Wagner Ford Sanitary Sewer Liner Installation Dept. of Water/Water Engineering. $69,372.15

3 C. Revenue to the City: 7. Aviation Facility Companies, Inc. Settlement for full and final settlement of matter Dept. of Aviation. $20, (Paid to the City) 8. Waterwheel Farm, Inc. Lease Agreement for 1, acres of farmable real property located on certain areas of Dayton International Airport and on certain adjacent property Dept. of Aviation. ($478,196.70) ($158, st yr./$159, yrs) (Paid to the City) E. Other Contributions, Enterprise Zone Agreements, Etc.: BY THE BOARD OF REVISION OF ASSESSMENTS 9. In the Matter of Declaring the Intention of the Commission to Vacate Mack Avenue from Baltimore Street to the East Terminus Recommendation to Proceed. DISCUSSION OF CALENDAR ITEMS Calendar Item Nos. 2, 3, 4& 8 Atkins North America, Inc. Second Addendum to Master Professional Airport Services Agreement, Dayton Area Chamber of Commerce Education and Public Improvement Foundation Marketing Agreement, Dayton Area Chamber of Commerce Education and Public Improvement Foundation Management Agreement and Waterwheel Farm, Inc. Lease Agreement The City Manager, Mr. Tim Riordan, highlighted these items and asked Mr. Gilbert Turner, Deputy Director of Aviation, to the podium to give an explanation on the items. Mr. Turner said Calendar Item number two is a professional service agreement with Atkins North America. He said the addendum will allow Aviation Department to contract with the company for an additional year. Mr. Turner said Calendar Item numbers three and four are agreements with the Dayton Area Chamber of Commerce. He said the Chamber of Commerce will provide marketing for the airport and management services for the Business Traveler Center located at the airport. Commissioner Whaley asked if the Chamber agreements are one year extensions. Commissioner Joseph asked if the Aviation Department is continuing to look at other companies to contract with for services and obtaining the best prices. Commissioner Lovelace asked if the Commission could receive a report evaluating the performance of those companies with whom the Aviation Department contracts. Mr. Turner said Calendar Item number eight is a three year lease agreement with the Waterwheel Farm Inc. Mr. Turner said the Federal Aviation Administration has mandated the airport to sell some of their noise abatement land. He said the Aviation Department would like to extend the lease agreement with the farming company until they can determine if the land is to be sold or kept. Mayor Leitzell asked if the Aviation Department could give the Commission an update on the Emery Freight building.

4 Calendar Item No. 15 Resolution Number Chuck Whalen Lane Commissioner Joseph highlighted this item and urged his colleagues to vote for renaming L Street as Chuck Whalen Lane. Calendar Item No. 10 Emergency Resolution Number Grant Award Criminal Justice Services Commissioner Williams highlighted this item and asked the City Manager if he could give additional information about the grant. Mr. Riordan called Mr. Aaron Sorrell, Director of Planning and Community Development, to the podium. Mr. Sorrell said the grant is from the Office of Criminal Justice Services. He said the grant supports the Dayton Mediation Center and the programs it provides for mediation pertaining to small claims, victim/offenders, and civil mediations. He said the City has received the grant for many years and the programs the grant helps fund are very successful. Commissioner Williams said he is pleased with the success of the Dayton Mediation Center. CITIZENS COMMENTS ON CALENDAR ITEMS During citizens comments, the City Commission heard from the following: 1. Ms. Wanda Wiedman, 124 Fernwood Drive provided comments on her support of the honorarily naming L Street as Chuck Whalen Lane. APPROVAL OF CITY MANAGER S RECOMMENDATIONS Commissioner Lovelace made the motion to approve the nine (9) City Manager s Reports. Commissioner Joseph seconded the motion. The City Manager s Reports were approved with a 5-0 vote. Voting in the affirmative were Mayor Leitzell, Commissioners Lovelace, Williams, Joseph and Whaley. LEGISLATION EMERGENCY RESOLUTION FIRST AND SECOND READING Emergency Resolution No Accepting a Grant Award from the Office of Criminal Justice Services (OCJS) in the Amount of Thirty-Four Thousand One Hundred Eleven Dollars and Eighty-Seven Cents ($34,111.87) on Behalf of the City of Dayton, and Declaring an Emergency. Commissioner Joseph moved that this being an emergency measure for the immediate consideration of the resolution. Commissioner Lovelace seconded the motion. The motion passed with a 5-0 vote. Voting in the affirmative were Mayor Leitzell, Commissioners Lovelace, Williams, Joseph and Whaley. The question being shall Emergency Resolution No be adopted. A roll call vote was taken resulting in a 5-0 vote. Voting in the affirmative were Mayor Leitzell, Commissioners Lovelace, Williams, Joseph and Whaley. The Emergency Resolution was adopted. EMERGENCY ORDINANCES SECOND READING Emergency Ordinance No Authorizing the City Manager to Enter into a Memorandum of Understanding with the Montgomery County Land Reutilization Corporation, and Declaring an Emergency. Commissioner Whaley moved that this being an emergency measure for the immediate consideration of the ordinance. Commissioner Williams seconded the motion. The motion passed with a 5-0 vote. Voting in the affirmative were Mayor Leitzell, Commissioners Lovelace, Williams, Joseph and Whaley. 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 Leitzell, Commissioners Lovelace, Williams, Joseph and Whaley. The Emergency Ordinance was passed. Emergency Ordinance No Authorizing the Expenditure of Funds for Certain Police Operations and Declaring an Emergency. Commissioner Lovelace moved that this being an emergency measure for the immediate consideration of the ordinance. Commissioner Joseph seconded the motion. The motion passed with a 5-0 vote. Voting in the affirmative were Mayor Leitzell, Commissioners Lovelace, Williams, Joseph and Whaley. 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 Leitzell, Commissioners Lovelace, Williams, Joseph and Whaley. The Emergency Ordinance was passed.

5 ORDINANCES FIRST READING Ordinance No Consenting to the Improvement of Broadway Street, Harvard Boulevard, Richmond Avenue, and Homewood Avenue within the City of Dayton and Agreeing to Cooperate in Matters Incidental Thereto, Including the Execution of Agreements Necessary to Implement this Ordinance. Ordinance No Vacating Mack Avenue from Baltimore Street to the East Terminus. RESOLUTION FIRST READING Resolution No Honorarily Naming L Street as Chuck Whalen Lane. PUBLIC HEARING First Hearing Annual Appropriation Mayor Leitzell opened the first Public Hearing regarding the 2012 Annual Appropriation. The City Manager, Mr. Tim Riordan, called Ms. Barbara LaBrier, Director of the Office of Management & Budget, to the podium to report on the 2012 budget. Ms. LaBrier said this was the first of two hearings in accordance with the Charter. She said citizens input in the budget process started in May, 2011 with the Citizens Financial Review Group. The appropriation encompasses the 2012 budget for all Funds for a total of $496 million; the General Fund appropriation is $162 million of this total. CITIZENS COMMENTS ON PUBLIC HEARING There were no citizens comments on the public hearing. Mayor Leitzell closed the public hearing. CITIZENS COMMENTS During citizens comments, the City Commission heard from the following: 1. Ms. Earlene Pierce, 1526 Lexington Ave provided comments on the cleanup of trash on city streets. 2. Ms. Anne O Brien, 3915 E. 5 th St provided comments on the City Charter. COMMENTS BY THE CITY MANAGER The City Manager, Mr. Tim Riordan, had no closing comments. COMMENTS BY THE CLERK OF COMMISSION The Clerk of Commission, Ms. Rashella Lavender, said there will be a Work Session immediately following the City Commission Meeting regarding the City s 2012 Capital Investment Program. COMMENTS BY CITY COMMISSION Commissioner Williams Commissioner Williams congratulated students who participated in the Dayton Public Schools Science Fair held at Thurgood Marshall High School on February 1, He said it was nice to see students recognized for their academics. Commissioner Lovelace Commissioner Lovelace said the Super Refund event kicked off on Saturday February 4 th. He said in 2011 volunteers filed over 1,200 tax returns at the Montgomery County Job Center for free. Commissioner Lovelace thanked KeyBank, Montgomery County Job Center, and all of the volunteers who helped prepare citizens tax return. Commissioner Lovelace said citizens can schedule an appointment to get their free tax preparation by calling United Way s HelpLink at Commissioner Whaley Commissioner Whaley thanked Mr. Stovall and his staff on the cleanup on Wisconsin Boulevard. She asked Mr. Riordan if he could suggest to Ms. Earlene Pierce someone she can talk to regarding the dumping issue on Grand Avenue. Mr. Riordan asked Ms. Pierce to speak to Mr. Fred Stovall, Director of Public Works, at the conclusion of the meeting.

6 Commissioner Whaley said dumping has become a large issue. She said the City has applied for grants to purchase cameras and place them in areas with high dumping levels. Commissioner Whaley said the City is working with Montgomery County to solve the tire dumping issue. Mayor Leitzell Mayor Leitzell said last Friday was First Friday. He said he was impressed to see all of the parking lots in the Oregon District full. He said three pop-up shops opened their businesses in downtown Dayton during the month of December. He said of those three shops, two remain and another business is expected to fill the void of the current vacant space. Mayor Leitzell encouraged citizens to visit the pop-up shops in the Oregon District. ADJOURNMENT There being no further business, the meeting was adjourned at 9:00 a.m. Mayor Gary D. Leitzell Attest: Clerk of Commission WORK SESSION A copy of prepared material has been recorded as Communication & Petition Number dated February 8, The Dayton City Commission met in a Work Session on Wednesday, February 8, 2012, at 9:12 a.m., following the regularly scheduled City Commission meeting. The meeting was held in the City Manager s Large Conference Room, located in City Hall. Mayor Leitzell, Commissioners Lovelace, Williams, Joseph and Whaley were present. Mr. Kery Gray, Executive Assistant to Commission, Ms. Rashella Lavender, Clerk of Commission, Mr. Timothy Riordan, City Manager; Mr. Stanley Earley, Deputy City Manager, and Ms. Shelley Dickstein, Assistant City Manager for Strategic Development, were also in attendance. Mr. Steve Finke, Deputy Director of Public Works, Mr. Timothy Downs, Deputy Director of Economic Development, Ms. Dianne Shannon, Economist, and Ms. Romona Carver, Facilities Manager, were the presenters. The Work Session included an update about the Capital Investment Plan. Mr. Earley said City-owned infrastructure, facilities and other improvements that provide services to the public, usually with benefits to the community at-large as well as the direct user, are the City s capital assets. He said capital budgets are necessary for the planning and financing of long-term fixed assets and capital facilities. The capital budget covers assets with a useful life of 20 years or more. Ms. Shannon reported on the value of City-owned capital assets, general capital investments and the infrastructure uses. She said the ability to receive federal funds is a major resource. Mr. Finke highlighted major infrastructure projects in 2011 and provided an overview on the planned projects for Ms. Carver highlighted the City facilities projects in 2011 and provided an overview on the planned projects for Mr. Downs highlighted the development projects in 2011 and provided an overview on the planned projects for Mr. Riordan asked about the number of bridges the City is responsible for. Mr. Finke said 17. He said 12 of the 17 bridges have been either repaired or replaced.

7 Commissioner Whaley said she is glad to see that spray parks made the CIP list for improvements in She stressed the importance of the spray parks being safe for the children and the community. Commissioner Whaley expressed her concern with the loss of federal and state funding impacting the City s budget. She commended staff for their efforts to seek federal funds to use on important and necessary projects. Commissioner Joseph asked about the percent of streets and alleys in need of resurfacing. Mr. Finke said about 20 percent of the streets and alleys throughout the City are in need of resurfacing. Mr. Riordan said 2013 will be a difficult year. The Work Session concluded at 9:55 a.m.