The press this evening was represented by the editor of the Oakwood Register, Mr. Lance Winkler.

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1 CITY OF OAKWOOD STATE OF OHIO SEPTEMBER 19, 2011 The Council of the city of Oakwood, State of Ohio, met in a work session at 6:00 p.m. in the conference room of the city of Oakwood, 30 Park Avenue, Dayton, Ohio, Council then met in a regular session at 7:30 p.m., in the council chambers of the city of Oakwood. The Mayor, Mr. William Duncan, presided, and the Clerk of Council, Mrs. Cathy Gibson, recorded. Mayor Duncan opened the meeting by asking all present to participate in the Pledge of Allegiance. Upon call of the roll, the following members of council responded to their names: MR. WILLIAM D. DUNCAN... PRESENT MR. STEVEN BYINGTON... PRESENT MR. STANLEY CASTLEMAN... PRESENT MR. ROBERT P. STEPHENS... PRESENT MRS. ANNE S. HILTON... PRESENT Officers of the city present were the following: Mr. Norbert S. Klopsch, City Manager Mr. Robert F. Jacques, City Attorney Mr. Jay A. Weiskircher, Assistant City Manager Mrs. Cindy Stafford, Finance Director Chief Alex Bebris, Public Safety Director The press this evening was represented by the editor of the Oakwood Register, Mr. Lance Winkler. The following visitors registered: Public Safety Officer Sarah Martin & Family Millard Mier, 2518 Hillview Avenue Dr. Byron & Connie Epley, 568 Hathaway Road Chuck and Amea Bretz, 42 Beverly Place Tony Ruble Stefanie Campbell, DP&L Bruce Balsink & Marti Shapiro, 1300 Robert Dickey Anthony Canterbury, 1 Rue Royale Sheila & Robert Conard, 416 Irving Avenue Faye Wenner, 1900 Coolidge Drive Mrs. Hilton, Chair of the Council Committee on Minutes, advised council she had read the minutes of the regular and work sessions of council held August 1, 2011 and the joint work session held September 8, Mrs. Hilton reported she found the minutes correct and complete. Therefore, it was moved by Mrs. Hilton and seconded by Mr. Stephens that the minutes of the sessions of council aforementioned be approved as written and the reading thereof at this session be dispensed with. Upon a viva voce vote on the question of the motion, same passed unanimously and it was so ordered. STATUS REPORT 9/11 Remembrance. Mayor Duncan indicated this year s Oakwood High School Senior class was in second grade ten years ago on 9/11 when terrorists attacked the United States with two planes flying into the Trade Centers, one into the Pentagon and one crashing in a Pennsylvania field. He reviewed statistics of the 2,996 that died, including 411 emergency personnel. Mayor Duncan referenced a video slideshow memorializing the event. After the video, Mayor Duncan referenced a letter he received from Jim Lockwood, a civil engineer and 1978 Oakwood graduate, who lived in Manhattan at the time and spent seven months working on the site, in particular helping create a tieback system to repel infiltrating water. In that letter, Mr. Lockwood indicated he rarely talks about those events but in looking back, one of the positive impacts was the manner in which those in the USA and New York worked together on the site. Mr. Lockwood also indicated one of the overwhelming emotions was the children and families who lost loved ones, the greatest victims that will never be forgotten. VISITORS New Public Safety Officer. Mayor Duncan recognized new Public Safety Officer Sarah Martin and her family and administered the Oath of Office. Chief Bebris explained how Ms. Martin took personal initiative and enrolled in the Police Academy while working full-time at the Bellbrook Fire Department. He was pleased to announce that she was the first at Sinclair Police Academy to

2 graduate at the top of her class in in academics, firearms and physical fitness, an obvious passion for her profession. Chief Bebris welcomed her to the team. There were no other visitors with business. LEGISLATION ORDINANCE BY VICE MAYOR BYINGTON NO 4737 TO AMEND EXISTING SECTION 702.3, SPECIAL USES, AND TO ESTABLISH NEW SECTION , COFFEE SHOPS SELLING BEER AND WINE OF THE OAKWOOD ZONING ORDINANCE TO PERMIT SUCH SHOPS AS A SPECIAL USE WITHIN THE COMMUNITY BUSINESS DISTRICT AND TO ADOPT REASONABLE DESIGN AND PERFORMANCE STANDARDS FOR OPERATION OF THE SAME. A copy of the ordinance, having been placed on the desks of each member of council prior to introduction, was read by title. Mr. Stephens recused himself due to a potential business conflict. Mr. Byington explained this outlines the standards for a special use in the Community Business District (Far Hills). Thereupon, it was moved by Mr. Byington and seconded by Mrs. Hilton that the ordinance be passed and the second reading waived. Mayor Duncan noted this does not apply to the recent Routsong project. Mr. Byington confirmed since it applies only to the Neighborhood Business District. Mayor Duncan suggested that the May through September language for outdoor seating be removed. Mr. Byington concurred, thereby making it clear that outdoor seating must be closed by 10 p.m. Mayor Duncan opened the public hearing. Dr. Byron Epley, 568 Hathaway, wondered why this is being done. Mr. Byington explained a business owner has requested the zoning ordinance be amended; the planning commission reviewed and recommended the language to council. Dr. Epley indicated Starbucks has turned into a hang-out for teenagers and questioned allowing beer and wine where teens are. Mayor Duncan explained this was not a request from Starbucks, teens are already permitted in businesses where liquor is served and noted liquor laws will be enforced. Dr. Epley believes this will turn into a bar rather than a coffee shop. Mr. Byington explained the standards stipulate that no more than 70% of gross revenues can come from alcohol sales. Dr. Epley noted the coffee shop has very few clients as is and he is disappointed that council would allow this to become a bar. Mr. Millard Mier, 2518 Hillview, explained he lives behind the business, is not thrilled about this request and was unable to attend the planning commission meeting. He explained he chose to live in Oakwood because it s family oriented, quiet, high quality of life but in the four years he has been there the business has changed from a bridal shop to a bar. He sees no distinction between this and a tavern and is concerned about music playing until midnight in his back yard. This is not what he expected in Oakwood. Mr. Bruce Balsink, 1300 Robert Dickey Way, explained he is part owner of the coffee shop and it s not their goal to have it as a bar. He explained they have different clientele than Starbucks, don t cater to teens, but a quiet place for adults to relax in a retreat away from home. He indicated they won t have beer on tap or buckets of beer; the band generally ends at 10 p.m. and noted they are trying to be a European style coffee shop that sells wine and beer. Mayor Duncan asked about live entertainment. Mr. Balsink explained they generally have a singer and guitarist. Mayor Duncan extended thanks for explaining the intent. Mr. Mier questioned the language in Section V relating to the number of band members. Mrs. Hilton noted this only relates to music within the interior of the building. There being no other comments, the hearing was closed. Mr. Castleman doesn t believe this is a bar which is generally where hard liquor is sold. Mr. Klopsch explained the city enforces its noise ordinance so a call could be made to the public safety dispatch if there is an issue. MR. ROBERT P. STEPHENS... RECUSED There being four (4) yea votes, one (1) recused and no (0) nay votes thereon, said ordinance was declared duly

3 ORDINANCE BY VICE MAYOR BYINGTON NO 4738 TO AMEND SECTIONS (B), PLANNING COMMISSION RECOMMENDATION, (B), PLANNING COMMISSION ACTION, AND (A) PLANNING COMMISSION ACTION OF THE OAKWOOD ZONING ORDINANCE TO CLARIFY PLANNING COMMISSION VOTING PROCEDURES AND HARMONIZE THE SAME WITH EXISTING SECTION , PLANNING COMMISSION ESTABLISHED. A copy of the ordinance, having been placed on the desks of each member of council prior to introduction, was read by title. Mr. Byington explained this is a housekeeping ordinance as it relates to conflicting language on planning commission votes. Thereupon, it was moved by Mr. Byington and seconded by Mr. Castleman that the ordinance be passed and the second reading waived. Mayor Duncan opened the public hearing. There being no comments, the hearing was closed. There being five (5) yea votes and no (0) nay votes thereon, said ordinance was declared duly BY VICE MAYOR BYINGTON NO 1741 TO IMPOSE A MORATORIUM FOR PERIOD OF ONE (1) YEAR ON THE ACCEPTANCE, PROCESSING, AND GRANTING OF ANY PERMITS THAT WOULD HAVE THE EFFECT OF ALLOWING THE OPERATION OF INTERNET/SWEEPSTAKES CAFES WITHIN THE CITY OF OAKWOOD. introduction, was read by title. Mr. Byington explained the internet/sweepstake cafes are a new type of business, there are a many questions and the state of Ohio is reviewing the legality and other issues. This resolution places a year moratorium until the state develops guidelines. Thereupon, it was moved by Mr. Byington seconded by Mrs. Hilton that the resolution be passed. There being five (5) yea votes and no (0) nay votes thereon, said resolution was declared duly BY MR. CASTLEMAN NO 1742 ACCEPTING THE AMOUNTS AND RATES AS DETERMINED BY THE BUDGET COMMISSION AND AUTHORIZING THE NECESSARY TAX LEVIES AND CERTIFYING THEM TO THE COUNTY AUDITOR. introduction, was read by title. Mr. Castleman reviewed the resolution and noted the outside 2.72 millage has no dollar amount since it expired the end of last year and is now up for renewal. Thereupon, it was moved by Mr. Castleman and seconded by Mr. Stephens that the resolution be passed.

4 There being five (5) yea votes and no (0) nay votes thereon, said resolution was declared duly BY MR. STEPHENS NO 1743 AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT BY AND AMONG THE MIAMI VALLEY COMMUNICATIONS COUNCIL AND THE CITIES OF CENTERVILLE, GERMANTOWN, KETTERING, MIAMISBURG, MORAINE, OAKWOOD, SPRINGBORO AND WEST CARROLLTON, FOR THE OPERATION OF A MULTI- JURISDICTIONAL TACTICAL CRIME SUPPRESSION UNIT. introduction, was read by title. Mr. Stephens explained this authorizes the city manager to enter into an agreement with MVCC for the multi-jurisdictional Tactical Crime Suppression Unit (TCSU). The city originally entered into this agreement in 1991, the police chiefs have reviewed and updated the agreement which provides services such as cooperative investigations of criminal activity, polygraphs, etc. Thereupon, it was moved by Mr. Stephens and seconded by Mrs. Hilton that the resolution be passed. There being five (5) yea votes and no (0) nay votes thereon, said resolution was declared duly Mayor Duncan indicated this is a good example of regional cooperation. BY MR. CASTLEMAN NO 1744 AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH BALSBAUGH EXCAVATING, INC., FOR THE INSTALLATION OF APPROXIMATELY 1,105 FEET OF SANITARY SEWER PIPE ALONG OLD RIVER TRAIL. introduction, was read by title. Mr. Castleman explained this relates to the public roadway, Old River Trail, and money already appropriated for the sanitary sewer. Thereupon, it was moved by Mr. Castleman and seconded by Mr. Byington that the resolution be passed. There being five (5) yea votes and no (0) nay votes thereon, said resolution was declared duly STAFF REPORT Finance Department Update. Mrs. Stafford indicated since her last report in March, they have been through the annual audit and was pleased to report they have an unqualified opinion on the financial statements and internal controls. She indicated this is the highest assurance that the city is following general accounting procedures and statutory requirements. As a CPA, she is pleased they received no comments and all went well. Mrs. Stafford indicated this is a testament to her staff and thanked Alice Young, Theresa Rushlow, Tracy Martin, Linda Merker, Sonya Goecke and Stacy Vreeland-Mathes. Mrs. Stafford reported they are two-thirds through the year and in the Non-Enterprise funds, they are at $7.9M, 7% ahead of what was budgeted. She indicated income tax collection was estimated at $5.8M and they have received $4.4M which is 70%. In regard to real estate tax collection, they have received $1.45M which is 85% of what they budgeted. Mrs. Stafford indicated investment yields are low and the city s policy is to preserve the principle first; earnings are less than 1%. In regard to estate tax, to date they ve received $157,000 and budgeted $1M with an average of

5 $2.6M. However, based on the state repealing the estate tax effective January, 2013 the city will need to work on cost reductions. Mrs. Stafford indicated another big impact is the Local Government Fund which will be cut 25% in 2012 and next year they will receive $47,000 less tax revenue which, in terms of income tax, is the equivalent of $19M taxable income. She noted since many residents pay very little income tax to Oakwood, that is a major impact. In regard to expenditures in the Non-Enterprise Funds, they budgeted $13.7M and are at $8.4M, 61% which she attributes to staff looking closely at expenses and equipment replacement. She explained the Non- Enterprise Funds impact the police, fire, parks, recreation, streets, refuse, etc. Mrs. Stafford indicated the Enterprise Funds (water/sewer) are on target. Mayor Duncan asked how sign-ups for electronic billing are going. Mrs. Stafford indicated they encourage citizens to do so and had a booth at the Ice Cream Social. This method saves the city money. Mayor Duncan asked about the 2012 Budget process. Mrs. Stafford indicated she has been working on it. Mayor Duncan extended thanks to she and her staff on good controls and saving money by doing the audit report in-house. CITY MANAGER S REPORTS Mr. Klopsch extended accolades to Mrs. Stafford and her staff and referenced a certificate the city received last week from the Ohio State Auditor that will be framed and hung in the front entry. He was pleased to announce the city won the Ohio Auditor Award for the exemplary financial report in 2010, a new award based on a clean audit report with no findings. Budget Review. Mr. Klopsch reported on the recent Budget Review Committee meeting that Senator Peggy Lehner attended - a good mix from the seven voting precincts. They discussed tough questions on issues relating to major cuts to state-wide programs and repeal of the estate tax. He indicated Oakwood will have a 20% loss of revenue in 2013 which will impact the delivery of services. Mr. Klopsch is pleased they have such a committee to assist them. Routsong Project. Staff expects the demolition permit to be issued soon. Representative Jim Butler. Mr. Klopsch indicated that Representative Butler will be at council s October 3 meeting to make a presentation. COUNCIL COMMENTS Mrs. Hilton extended congratulations to Mrs. Stafford on the recent award, the city is lucky to have her. She attended the first annual British Car Show sponsored by the Oakwood Historical Society, a nice event put together by Mark Risley. Mrs. Hilton extended kudos to Ms. Collins and her staff for the Ice Cream Social. She referenced the newly opened Educational Center at Carillon Park which was a lot of fun. Mr. Stephens welcomed Sarah Martin to the Oakwood Safety Department and commended her on an impressive background. He indicated last week he attended the Hospice of Dayton event at Sinclair where his Mom was honored for 30 years of service. At that event, Mayor Duncan was one of the participating fashion models. Mayor Duncan indicated on September 10, 2011 former Presidents Bush and Clinton, Vice President Biden and Speaker of the House Boehner and others were in Pennsylvania for the dedication of the National Park Service Memorial to the heroes of Flight 93. Mr. Bush gave a Memorial Dedication speech that was not widely reported by the national news media. He was deeply moved by this speech and felt compelled to read it into the record. GEORGE W. BUSH, 43 RD PRESIDENT OF THE UNITED STATES: Mr. Secretary, thank you very much. Mr. Vice President, Dr. Biden, President Clinton, Mr. Speaker, members of Congress, my friends Tommy Franks and Tom Ridge, thank you for helping raise the money for this memorial. Members of the National Park Service and the National Park Foundation, all of those who supported this memorial, but most importantly, the families of Flight 93. Laura and I are honored to join you in dedicating this memorial to the heroes of Flight 93. When the sun rose in the Pennsylvania sky ten years ago tomorrow, it was a peaceful September morning. By the time it set nearly 3,000 people were gone. The most lives lost on American soil in a single day since the battle of Antietam. With the distance of a decade, 9/11 can feel like a part of a different era. But for the families of the men and women stolen, some of whom join us today, that day will never feel like history. The memory of that morning is fresh and so is the pain. America shares your grief. We pray for your comfort and we honor your loved ones. September 11, 2001, innocent men and women went to work at the World Trade Center. They reported for duty at the Pentagon. They boarded American Flights 11 and 77, United 93 and 175. They did nothing to provoke or deserve the deliberate act of murder that al Qaeda carried out.

6 One of lessons of 9/11 is that evil is real, and so is courage. When the planes struck the World Trade Center, firefighters and police officer charged up the stairs into the flames. As the towers neared collapse, they continued the rescue efforts. Ultimately, more than 400 police officers and firefighters gave their lives. Among them was the chief of the New York City Fire Department Peter Gancy. As a colleague put it, he would never ask anyone to do something he didn t do himself. The Pentagon service members and civilians pulled friends and strangers from burning rubble. One special forces soldier recalls reaching through a cloud of smoke in search of the wounded. As he entered one room, he prayed to find someone alive. He discovered a severely burned woman and carried her to safety. Later, in the hospital, where she explained she s been praying for rescue. She called him her guardian angel. And then there s the extraordinary story we commemorate here. Aboard United Airlines Flight 93 were college students from California, an iron worker from New Jersey, veterans of the Korean War and World War II, citizens of Germany and Japan, a pilot who had rearranged his schedule so that he could take his wife on a vacation to celebrate their anniversary. When the passengers and crew realized the plane had been hijacked, the reported the news calmly. When they learned that the terrorists had crashed other planes into targets on the ground, the accepted greater responsibilities. In the back of the cabin, the passengers gathered to devise a strategy. At the moment America s democracy was under attack, our citizens defied their captors by holding a vote. The choice they made would cost them their lives, and they knew it. Many passengers called their loved ones to say goodbye, then hung up to perform their final act. One said, They re getting ready to break into the cockpit. I have to go. I love you. Another said, It s up to us. I think we can do it. In one of the most stirring accounts, Todd Beamer, a father of two with a pregnant wife with a home in New Jersey, asked the air operator to join him in reciting the Lord s Prayer. Then he helped lead the charged with the words Let s roll. With their selfless act, the men and women who stormed the cockpit lived out the words, Greater love hath no man than this, that a man lay down his life for his friends. And with their brave decision, they launched the first counter offensive of the war on terror. The most likely target of the hijacked plane was the United States Capitol. We ll never know how many innocent people might have been lost, but we do know this, Americans are alive today because the passengers and crew of Flight 93 chose to act, and our nation will be forever grateful. The 40 souls who perished on the plane left a great deal behind. They left spouses and children and grandchildren who miss them dearly. The left successful businesses and promising careers and a lifetime of dreams they will never have the chance to fulfill. They left something else a legacy of bravery and selflessness that will always inspire America. For generations people will study the flight, the story of Flight 93. They will learn that individual choices make a difference, that love and sacrifice can triumph over evil and hate, and that what happened above this Pennsylvania field ranks among the most courageous acts in American history. At the memorial we dedicate today we will ensure our nation always remembers those lost here on 9/11. But we have a duty beyond memory. We have a duty beyond honoring. We have a duty to live our lives in a way that upholds the ideals for which the men and women gave their lives, to build a living memorial to their courage and sacrifice. We have a duty to find common purpose as a nation. In the days after 9/11, the response came like a single hand over a single heart. Members of Congress from both sides of the aisle gathered on the steps of the capital to sing God Bless America. Neighbors reached out to neighbors of all backgrounds and beliefs. This past decade, our country has been tested by natural disaster, economic turmoil, anxieties and challenges here at home and abroad. There have been spirited debates along the way. It s the essence of democracy. But Americans have never been defined by our disagreements. Whatever challenges we face today and in the future, we must never lose faith in our ability to meet them together. We must never allow our differences to harden into divisions. Secondly, we have a duty to remain engage in the world as 9/11 proved that the conditions in the country on the other side of the world can have an impact on our own streets. It may be tempting to think it doesn t matter what happens to a villager in Afghanistan or a child in Africa, but the temptation of isolation in deadly wrong. World repression, anger and resentment will be a never ending source of violence and threats. A world of dignity and liberty and hope will be safer and better for all. The surest way to move toward that vision is for the United States of America to lead the cause of freedom. Finally, we each have a duty to serve a cause larger than ourselves. The passengers aboard Flight 93 set an example that inspires us all. Many have followed their path of service by donating blood or mentoring a child or volunteering in desperate corners of the earth. Some have devoted their careers to analyzing intelligence or protecting our borders and securing our skies. Others have made the noble choice to defend our nation in battle. For 10 years, our troops have risked and given their lives to prevent our enemies from attacking American again. They ve kept us safe, they have made us proud, and they have upheld the spirit of service shown by the passengers on Flight 93. Many years ago, in 1863, another president came to dedicate a memorial site in this state. He told his audience that, In a larger sense we cannot dedicate, we cannot consecrate, we cannot hallow this ground. For the brave souls who struggled there, it consecrated it far above our poor power to add or detract. He added The world will little note, nor long remember what we say here, but it can never forget what they did here.

7 So it is with Flight 93. For a long as this memorial stands, we will remember what the men and women aboard the plane did here. We ll pay tribute to the courage they showed, the sacrifice they made, and the lives they spared. The United States will never forget. May God bless you all. Council adjourned. The public meeting concluded at 8:56 p.m. ATTEST: MAYOR CLERK OF COUNCIL