On the agenda: Piqua meeting — data center (Jul 30)

PIQUA CITY SPECIAL COMMISSION MEETING
TUESDAY, JULY 30, 2024
6 PM
COMMISSION CHAMBERS – 2nd FLOOR
201 WEST WATER STREET
PIQUA, OHIO 45356
CALL TO ORDER
THE PLEDGE OF ALLEGIANCE
ROLL CALL
SPECIAL PIQUA CITY COMMISSION MEETING
CONSENT AGENDA

1. APPROVAL OF MINUTES

Approval of the Minutes from the July 16, 2024, City Commission Meeting

OLD BUSINESS

2. ORDINANCE NO. O-9-24 (3rd Reading)

An ordinance allocating adult use cannabis marijuana excise tax revenue

3. ORDINANCE NO. O-11-24 (3rd Reading)

An ordinance permitting the Commission to remove appointed representatives from boards
created by the Commission

4. ORDINANCE NO. O-12-24 (2nd Reading)

An ordinance to repeal Piqua Code 30.15 in its entirety and to adopt new rules for Commission

5. ORDINANCE NO. O-13-24 (2nd Reading)

An ordinance to make appropriations for the City of Piqua, Ohio, for the year 2024

NEW BUSINESS
6. RESOLUTION NO. R-99-24
A resolution authorizing a purchase order to Strawser Construction, Inc. for a portion of the 2024
Pavement Preservation Program
CITY MANAGER’S REPORT
COMMISSIONERS COMMENTS
PIQUA CITY COMMISSION MEETING AGENDA | 1

PUBLIC COMMENT (This is an opportunity for citizens to address the City Commission on agenda
items. Comments are requested to be limited to five (5) minutes.)
ADJOURNMENT

PIQUA CITY COMMISSION MEETING AGENDA | 2

§ 30.15 RULES OF CONDUCT FOR MEETINGS.
(A) When adopting a resolution or ordinance, the following procedures shall be followed:
(1) The heading of the proposed resolution or ordinance shall be read by the City Clerk;
(2) The City Manager, or appropriate department head, shall briefly explain the proposed ordinance or resolution;
(3) The Commissioners shall have an opportunity to ask the department heads and City Manager questions regarding
the ordinance or resolution. No public comment will be permitted during the Commissions' inquiries;
(4) The Mayor shall ask the public for comments or questions about the ordinance or resolution. Comments and
questions regarding the ordinance or resolution shall be addressed to the Mayor and/or City Manager in a civil, respectful
manner and shall be limited to a five minute period per person. The Mayor shall notify any person commenting on an
ordinance or resolution as to when his five-minute period for comments is about to expire. The person commenting can
request additional time and it shall be within the Mayor's discretion to permit the person to comment longer than five
minutes. No person shall be permitted to comment twice on the same resolution or ordinance at the same meeting;
(5) Finally, the Commission shall have its final debate and complete its deliberation on the ordinance or resolution. No
comments from the public shall be permitted during said debate and/or deliberation.
(B) When conducting open forum at the end of the meeting, the following rules be followed:
(1) Comments and questions by the public shall be addressed to the Commission, Mayor and/or City Manager in a civil,
respectful manner and shall be limited to a five minute period per person. The Mayor shall notify any person commenting as
to when his five-minute period for comments is about to expire. The person commenting can request additional time and it
shall be within the Mayor's discretion to permit the person to comment longer. No person shall be permitted to comment
twice in open forum at the same meeting;
(2) Under no circumstances shall any member of the public address or ask questions, other than the City Manager, to
city staff members. If appropriate, the City Manager may direct a city staff member to answer questions or respond to
comments from the public.
(C) During the entire commission meeting, the following rules of conduct shall apply to any person attending the
Commission meeting:
(1) Persons shall conduct themselves in a civil, respectful manner;
(2) No one shall express himself or herself in a manner that interrupts the orderly conduct of the meeting, for example,
talking (other than when addressed by the Commission or City Manager), yelling, clapping, jeering or cheering;
(3) Any person violating any of the rules of conduct shall be warned by the Mayor to cease his or her violation of the
rule. If said person fails to comply with the Mayor's request to cease his or her conduct, the Mayor shall direct the person to
leave the city premises. Failure to leave the premises when directed to do so may result in criminal prosecution;
(4) If a person fails to cease commenting after his or her comment time has expired without extension, the public
microphone shall be cut off, the television camera shall not focus upon the person, and the person will be asked by the
Mayor to sit down. If the person fails to sit down, the Mayor shall direct the person to leave the city premises. Failure to
leave the premises when directed to do so may result in criminal prosecution;
(5) At any time during open forum, if any Commissioner believes that the public comment session no longer serves the
public's interest, he or she may make a motion to adjourn the meeting. If said motion is seconded, all public comments shall
cease and the Mayor shall direct the Clerk to call the roll to determine if the motion to adjourn shall pass. If the motion
passes, the meeting shall be adjourned;
(6) These Rules of Conduct shall be posted at the entrance of the City Commission Chambers.
(Ord. 24-06, passed 8-7-06; Am. Ord. 22-12, passed 10-16-12)

REGULAR PIQUA CITY COMMISSION MEETING MINUTES
TUESDAY, JULY 16, 2024
CALL TO ORDER
Piqua City Commission met at 6:00 p.m. in the Municipal Government Complex Commission Chambers
located at 201 W. Water Street, Piqua, Ohio.
ROLL CALL
Mayor Lee and Commissioners Simmons, DeBrosse, Hohman and Vetter were present.
PRESENTATION
Monthly Report from the Commissioners Committee on the Fire Training Facility
David Roth, Nancy Roof, and Joe Thompson thanked the City Manager for responding to their questions.
They said they have been researching outside legal counsel and would like to hire Dan Brown of Dayton
to advise them on the sunshine laws, public record requests, research and final report. The commission
asked them to provide a contract to the city manager and to start with 5 hours. The commissioners said
they would like to meet with him first and Nancy Roof requested that the committee be present when the
commissioners meet with Dan Brown. A discussion took place about whether the commission would
meet separately with him and who the attorney represents.
Commissioner Hohman asked for an update on the committee’s progress and if the tour of the old water
plant was helpful. Nancy and David said it was helpful to see the location they’ve been reading about in
the documents. Commissioner Hohman asked if they wore protective gear while at the site and they said
they did not. Commissioner Hohman said he has heard claims that the site is an ongoing danger and the
whole city is contaminated. He said it says a lot that you didn’t wear protective equipment. Nancy Roof
and David said they thought afterwards that maybe they should have. David mentioned an odor when
entering the chlorine room.
PRESENTATION
Quarterly Report from the Park Board
Natalie Young, chair of the Park Board said they have been inspecting parks regularly. She said at their
meetings that have discussed different topics to consider but knows there are still projects on the Parks
Master Plan from previous years that still haven’t been completed. Ms. Young said she’s glad to hear that
some tax revenue from recreational marijuana will filter back to the Parks. Natalie thanked the park
volunteers.
Terry Wright said that the Mote Park building lease says that if the building is not being used, citizens
should be able to rent it. He said it isn’t listed on our website as an option to rent. Mayor Lee asked Paul if
it could be rented, and Paul Oberdorfer said the restrooms are not ADA compliant.

PIQUA CITY COMMISSION MEETING MINUTES | 1

Commissioner DeBrosse said it is music to his ears that the parks are the committees labor of love. He
said he feels the recreational marijuana tax will pass and he would love to see the Parks Board wish list.
Mayor Lee said Goodrich Giles Park is being cleaned up on July 25th. He said the parks are important and
he appreciates the boards dedication. He asked Natalie and Terry to keep updating the commission.
Natalie Young said she wished there was more communication. She said all parks received new signage
except Shawnee park. She wondered why and said we all need to work together.
Commissioner Simmons said he and his wife have been on the Park Board. He thinks there is a good
future.
PRESENTATION
Finance Department Update – Jerry O’Brien
Jerry O’Brien gave a slide presentation on the procedures of the Finance Department.

CONSENT AGENDA

REGULAR PIQUA CITY COMMISSION MEETING

APPROVAL OF MINUTES
Approval of the Minutes from the June 18, 2024 and June 25, 2024 City Commission Meetings
RESOLUTION NO. R-96-24
A resolution of appreciation for the first half of 2024 City of Piqua Volunteers
RESOLUTION NO. R-97-24
A resolution appointing a board member to the Diversity Committee
RESOLUTION NO. R-90-24
A resolution authorizing the city manager to enter into a contract with ClearGov for a Software solution to
aid in the annual budgeting process
Commissioner’s comments: Mayor Lee asked the clerk to name the person who was appointed to the
Diversity, and it was Jim Sheats. Commissioner Hohman thanked all of the volunteers.
A motion was made by Commissioner Hohman to approve the Consent Agenda, and Commissioner
Vetter seconded the motion. All were in favor and the motion was carried unanimously.
OLD BUSINESS
ORDINANCE NO. O-9-24 (2nd Reading)
An ordinance allocating adult use cannabis marijuana excise tax revenue
PIQUA CITY COMMISSION MEETING MINUTES | 2

Introduction: The State of Ohio is now taxing the sale of recreational marijuana, which is a 10% excise
tax. As a host community, the City of Piqua will receive a portion of that quarterly. This ordinance allows
for that revenue stream to go to the Parks Department to fund improvements in the park system of
Piqua. Frank Patrizio said this is a second reading
Commissioners Comments: Mayor Lee said there must be something in place before the state sets
legislation. It’s a big win.
Commissioner Simmons said he would like to see marijuana grown in our city parks although the State
would not go for it.
Public Comment: Nicholas Mahrt said that he is excited about the potential tax revenue, but he thought
he understood that the revenue will go to the county. Mayor Lee said this is for recreational. Nicholas
Mahrt suggested having a festival focused around recreational marijuana.
Jeff Grimes said the streets could use the funds as they need repair. Commissioner Hohman said the
parks need the money and the street repair can come from the budget.
Paul Oberdorfer said there is already a street levy.
ORDINANCE NO. O-11-24 (2nd Reading)
An ordinance to permitting the Commission to remove appointed representatives from Boards created
by the Commission
Introduction: Frank Patrizio stated this Ordinance was requested by the commission. Mr. Patrizio said
that currently there is no process in place in the city’s charter for the removal of board and committee
members. He said that questions have been raised recently, as some boards allow for removal of
members, but there is no process established.
Commissioners Comments: Commissioner DeBrosse asked if this addresses Planning Commission also
and Frank replied that it did.
Public Comment: None
NEW BUSINESS
ORDINANCE NO. O-12-24 (1st Reading)
An ordinance to repeal Piqua Code 30.15 in its entirety and to adopt new rules for commission
Introduction: Frank Patrizio said this ordinance is an update to the meeting rules. He said it modifies how
we handle the meeting. The first part is for business and the second part is for public comment.
Commissioners Comments: Commissioner Hohman moved to amend section 8 from 3 to 5 minutes.
Commissioner Simmons seconded the amendment, and the amendment was approved by all.
PIQUA CITY COMMISSION MEETING MINUTES | 3

Commissioner Hohman made a motion to amend rules of comment to add section .12 to allow that
citizens who didn’t fill out comment card can request one during public comment and Commissioner
Simmons seconded the motion. Commissioner Simmons seconded and the amendment was approved
by all.
Frank Patrizio said there will be a box for comment cards available during the entire meeting.
Commissioner Hohman said he doesn’t know if people will feel comfortable putting a comment card in
box during the meeting. Commissioner Simmons said it may be considered discrimination if someone
can’t write. Paul Oberdorfer said if anyone has a disability, they can just ask staff to help them fill it out.
Comments:
Commissioner Hohman explained that commissioners won’t interrupt the allotted 5 minutes for public
comment unless the speaker asks for an answer. Commissioner Simmons was concerned about the
length of time it may take to respond to a question. Frank Patrizio said the speaker could ask the
commissioners to hold their answers until the speaker was done with all of their questions.
Commissioner Hohman said he liked this proposal better than the first draft.
Public Comment: Kim Heisler asked for number 6 of the rules to be clarified and that number 7 be
changed from non-citizen to any person with a Piqua address. Ms. Heisler questioned why number 9
used the word “may” to allow public comment. She said, “we want to be heard”. She also didn’t believe
comment cards were necessary as we don’t need another layer. Ms. Heisler was concerned that there
was no video or minutes for the June 25, 2024 meeting. The clerk addressed the mayor and said the June
25th minutes were just approved at this meeting and would be uploaded after this meeting.
Jeff Grimes asked about commissioners not commenting until after the 5 minutes. He said it’s unfair. He
said he’s asked hundreds of questions, and they haven’t been answered. Mayor Lee said the questions
are answered in the next agenda packet.
Frank DeBrosse said the mayor holds office hours every Wednesday and all of the Commissioners
contact info is on the website. There are plenty of opportunity to ask questions besides at a business
meeting.
Nicholas Mahrt said he has seen the mayor extend time when needed. He said the charter specifies that
someone can ask for an extension. Frank Patrizio said there is case law where if you extend it for one
person but not for another it could be an issue. He said he appreciates the commissioners and thinks
they are doing a good job.
Frank DeBrosse again said that you don’t have to get everything out in 5 minutes. He said you can come
up after a meeting or go to the city manager’s office between 8-4 M-F. He said everyone is getting too
hung up on the 5-minute rule. Commissioner Hohman said he regularly gets phone calls. The mayor’s
office is open from 4:00 – 6:00 pm on Wednesday and there is no limit.

PIQUA CITY COMMISSION MEETING MINUTES | 4

ORDINANCE NO. O-13-24 (1st Reading)
An ordinance to make appropriations for the City of Piqua, Ohio for the year 2024
Introduction: Jerry O’Brien said the changes to the appropriations are due to changes in plans and
unforeseen circumstances at the time the 2024 budget was completed. He said that he highlighted the
lines that were changed.
Commissioners Comments: Commissioner Hohman thanked him for highlighting the changes as it
makes it easier to identify.
Public Comment: Kim Heiser asked if the $52,000 increase in Planning and Zoning meant the
Administrative Assistant would make that much. She felt that was over the average median for Piqua.
Kyle Hinkelman said the amount includes benefits.
RESOLUTION NO. R-94-24
A resolution authorizing the city manager to enter into a contract with GovWell for a permitting software
solution
Introduction: Kyle Hinkelman said the Community Services Department was created in January, 2024 in an
effort to find efficiencies within multiple departments of the City of Piqua. Over the last six months our
staff has worked to integrate and reduce redundancies along with providing more service to residents.
The new software will provide additional services to residents and businesses and make the permitting
experience better. The additional services include:
• External portal to see where the permit is in the approval process
• Online payment options within the system
• Faster approval / review times
• Public mapping and data reports
Staff demoed and received quotes from multiple vendors, and after substantial review is recommending
that the City of Piqua purchase GovWell to provide permitting services to the Community Services
Department. This includes, but is not limited to, the planning & zoning permits, engineering permits,
special use permits, contractor licensing, rental registration.

Commissioners Comments: Mayor Lee asked how many software programs were looked at and Kyle
responded that they looked at 7 but dove deeper with 4. Mayor Lee asked if this was the cheapest and
Kyle said this is the 2nd cheapest. Commissioner Hohman thanked Kyle for running through this with him
prior to the meeting. He feels it will be great if someone can use the portal at all hours and see the
history of the house. Commissioner Simmons said he thinks it will be a benefit when the office is closed
and open. He thought if there were a savings on foot traffic maybe we could pass that on to the citizens.
Paul Oberdorfer said that we are constantly looking at fees and the administrative costs are all baked in.
Kyle said that they have looked at fees and the City of Piqua is already substantially lower than
surrounding communities.
Public Comment: None

PIQUA CITY COMMISSION MEETING MINUTES | 5

A motion was made by Commissioner Hohman to approve the resolution, and Commissioner Vetter
seconded the motion. All were in favor and the motion was carried unanimously.
RESOLUTION NO. R-95-24
A resolution regarding the applied for liquor permit for Quick Mart, 538 McKinley Street, Piqua, Ohio,
45356
Introduction: Frank said the application was made to the State of Ohio and the staff has no objections.
Commissioners Comments: Commissioners discussed location.
Public Comment:
A motion was made by Commissioner Hohman to approve the resolution, and Mayor Lee seconded the
motion. Mayor Lee, Commissioners Hohman, Vetter and DeBrosse voted in favor of the resolution.
Commissioner Vetter voted Nay. The motion was carried.
RESOLUTION NO. R-98-24
Resolution delegating the number of assistants and other subordinates to be employed in the Piqua
Police Department from the commission to the city manager
Introduction: Rick Byron said this request is to delegate its authority outlined in Section 38 of the City of
Piqua Charter from the Commission to the City Manager concerning the City of Piqua Police Department.
This request to delegate authority to the City Manager to determine the number of such assistants and
subordinates in the police department is a desire to restructure our management staff by eliminating a
Deputy Chief promotional position and replacing it with a patrol officer entry level position. This
restructuring of the management rank would not only result in a financial savings to the City, but by
replacing the position with an entry level police officer this would put one more resource on the street
where it is most needed - serving the community. Authorized staffing levels previously approved by the
Commission would remain at 38 Sworn Officers and 3 Civilian employees.
If approved by the Commission the department structure would be as follows.
1 – Police Chief
2 – Deputy Chiefs
5 – Lieutenants
30 - Patrol Officers
3 – Civilian Employees
Commissioners Comments: Mayor Lee asked if the department was briefed, and Rick Byron said he has
discussed the direction he wants to go with some but not all. Commissioner Hohman said it is great to
get an extra patrol officer. Mayor Lee said he worked in the Police Department when there were only 2
Deputy Chiefs.
Public Comment:
PIQUA CITY COMMISSION MEETING MINUTES | 6

A motion was made by Commissioner Vetter to approve the resolution, and Commissioner Hohman
seconded the motion. All were in favor and the motion was carried unanimously.
CITY MANAGER’S REPORT
Paul Oberdorfer thanked Natalie Young and said he will attend the next Parks Board meeting. Mr.
Oberdorfer also thanked her for mentioning the Lock 9 ribbon cutting this Thursday. Then on July 27th will
be the first event and is free to the public.
COMMISSIONERS COMMENT
Commissioner Vetter announced the Friends of Hance Pavilion meeting is Thursday at 7:00 pm at the
YMCA. The group has established a 501 C3 and they are getting closer to appointing a board. He said this
is the third year the citizens have not been able to use Mote Park and we need to re-access. He said he
had to use emergency services recently and feels very fortunate to live in a city where we have great
services.
Commissioner Simmons mentioned an idea for Lock 9 park. Also recognized his wife for being present.
Commissioner Hohman said there are a lot of ways to get in touch with the commissioners. He said he
gets phone calls all of the time and would meet with people individually if they wanted. He said he
received a call about a crime, and it was passed onto the Police Chief.
Commissioner DeBrosse thanked Chief Byron for handling the incident at Piqua High School. He said it
could have taken a different direction and he wanted to take a minute to give a shout out to the officers
for the outcome.
Mayor Lee thanked all of the volunteers that have helped in various ways. He named some of the groups
and gave a shout out to his children for being on a volunteer group. He extended an invite to the Lock 9
dedication at 4 on July 18 and to the first concert on the 27th. He thanked Chief Byron and the Police
Department for their response at the school. He said there are a lot of good officers.
PUBLIC COMMENT
Ruth Koon and Lorna Swisher congratulated the City for Lock 9 park and the outstanding mural of the
Mills Brothers. Ruth said the mural was started 5 weeks ago by artists out of Columbus. The artists are
very gracious for all of the friendly people they’ve met in Piqua. The unveiling will be August 1st at 5:00
pm. Ruth has been in contact with the granddaughter of the Mills Brothers who is 95. She is very proud of
the mural. Commissioner Hohman commented on what a great job Ruth and Lorna have done on finding
grants and getting donations for the project. He said it looks great from the trail bridge overlooking Lock
9.

PIQUA CITY COMMISSION MEETING MINUTES | 7

Melonie Walker said we have an awesome Police Department. She told of 2 dogs that almost got hit on
Main Street and 2 patrol cars came to help. She said the officers were great.
Nicholas Mahrt said the mural turned out well. He also recognized the commissioners for their
commitment. He said that Chief Byron, the Police Department and Fire Department are awesome. He
sees different events Piqua could plan and named several he had thought of.
Kim Heisler thanked the commissioners for allowing the committee to join them when they meet with the
attorney being hired to help investigate the Fire burn facility. She said #14 of the new rules being
proposed is not fair. (re: 9:00 ending time for meeting)
Thomas Beck thanked the Police, Fire and Power departments. He said he hasn’t received responses
from the emails he sent to commissioners/mayor and feels if you’re going to promote email, you should
respond. He said he loves the mayor’s meeting but suggests moving the time around to accommodate
those who work. Mr. Beck said he believes the rules are necessary but told the commissioners to be
careful not to go too far. He said the atmosphere that’s been at these meetings isn’t unique to Piqua. He
has seen progress in the last couple of months.
Jeff Grimes mentioned a symposium at Edison. Jeff asked multiple questions that will be asked in the next
agenda packet if not already answered. He said he takes offense to how the battery committee was
treated. He said we need a special prosecutor.
Commissioner Hohman responded to the attorney that’s going to be hired and said he is not limited to
the first 5-6 hours that were discussed tonight. He discussed that the attorney would be looking at the
environmental aspect of it and he feels it is safe. Commissioner Hohman said there has been a lot of talk
that it’s not safe and that’s why he asked the Fire Committee if they wore protective gear since they’ve
been doing all of the research. Nancy Roof responded that Commissioner Hohman was being
inappropriate, and he asked whether they work protection as a gotcha moment.
ADJOURNMENT was at 9:15 p.m.

PIQUA CITY COMMISSION MEETING MINUTES | 8

Q&A
July 16, 2024 Regular Commission Meeting
Public Comments July 16, 2024
Grimes
Q: How much money did the city collect in permit fees from the old water plant site 2020-2023?
A: under review
Q: What do code enforcement fines go to?
A: It is recorded as revenue in the Development Department and used to offset expenditures related to governmental
activity.
Q: How many fines were collected in 2020-2023?
A: under review
Q: Where did the $38,000 ($387,400) come from to demolish the hotel?
A: The demolition of the Red Roof Inn was a General Fund expenditure authorized by the City Commission.
Q: Who budgeted for the electric and water bills at the old water plant?
A: The Utilities Director.
Q: Who audited the payments, and who approved the payments?
A: The CPA firm Clark, Schaefer, Hackett audited the payments at year-end. The payments are approved through the Finance
Department.
Q: Why did the city hire an accounting firm if the State of Ohio will audit [it]?
A: The State of Ohio either performs the audits or provides audits through independent accounting firms. The Auditor of
State determines whether they will do the audit or an independent CPA. The State Auditor’s office also charges fees to do
audits.
Q: How much did it cost to hire the accounting firm?
A: $49,220 for the 2023 audit
Q: It was stated that $750,000 in state grants were received; where were they spent?
A: The question is overly broad and cannot be answered.
Q: How was TIF money used to purchase a hotel?
A: Tax Increment Financing (TIF) is not a fund but a source of tax revenue collected over time.
Q: How will Lock 9 be repaid to the Water Fund?
A: The City Commission can decide repayment options during the FY2025 Operating Budget.
Q: What happened to the grant money given to Mote Park?
A: Please consult with the agency that provided the outside funding source.
Q: Who approved the expenditure to test the water and soil at the old water plant?
A: The City Commission requested the soil and water testing.
July 24th Email Questions
Q: Deron Yingst asked what the total cost was for Lock 9
A: We will not have a total cost until the last pay application in August.

Item #O-9-24

Commission Agenda
Staff Report
MEETING DATE 7-30-2024
REPORT TITLE An ordinance allocating adult use cannabis marijuana excise tax
revenue
SUBMITTED BY Name & Title: Frank Patrizio
Department: Law
AGENDA CLASSIFICATION

Consent

Ordinance

City Manager
APPROVALS/REVIEWS
Asst. City
Manager/Development

Resolution

Asst. City Manager/Finance
Law Director

BACKGROUND Setting policy for a new tax from marijuana revenue
(Includes description, background,
and justification)
Budgeted $:
BUDGETING AND Expenditure $:
FINANCIAL IMPACT Source of
(Includes project costs and funding Funds:
sources) Narrative:
1.
Adopt the Ordinance
OPTIONS 2.
Amend the Ordinance
(Include Deny /Approval Option) 3.
Reject the Ordinance
PROJECT TIMELINE This is the 3rd Reading of this ordinance.
STAFF RECOMMENDATION Adopt the ordinance.
REASON FOR SELECTING N/A
CONSULTANT/COMPANY
ATTACHMENTS None

Regular

ORDINANCE NO. O-9-24
AN ORDINANCE ALLOCATING ADULT USE CANNABIS MARIJUANA EXCISE TAX
REVENUE
WHEREAS, the State of Ohio enacted Revised Code Sections 3780.22 and 3780.23,
which enacted an excise tax of 10% on the sale of adult use cannabis by adult use
dispensaries;
WHEREAS, the City of Piqua currently has medical dispensaries within its corporate
limits, and it is anticipated that the said dispensaries and potentially other
dispensaries may be permitted to sell cannabis products within the city limits to
adult use consumers in the near future;
WHEREAS, the above-referenced statutes provide that thirty-six (36) percent of the
adult use excise tax shall be transferred to the host community cannabis fund for
the benefit of the municipal corporation and said funds may be used for any
approved purpose;
WHEREAS, it is anticipated that the City of Piqua will receive quarterly distributions
of excise funds from the State of Ohio in the future.
NOW THEREFORE BE IT ORDAINED by the Commission of the City of Piqua, State of
Ohio, a majority of all members elected thereto concurring, that:
SECTION I:
The Finance Director shall establish a fund named “Cannabis
Fund” and the money deposited from the State of Ohio in said fund shall be used
for the benefit of the City of Piqua Park System;
SECTION II: The Finance Director shall contact the appropriate authorities
for the State of Ohio and complete all documents necessary to secure the transfer
of said excise tax funds to the City of Piqua;
SECTION III: This allocation of funds to the Park System shall be in addition
to the amount allocated to the City of Piqua Park System from the General Fund
income tax revenues; in short, said excise tax revenue shall not be included in the
calculation of the allocation of income tax from the General Funds to the City Park
System; and
SECTION IV:
by law.

This ordinance shall be effective at the earliest time permitted

1st Reading – 6/18/2024
2nd Reading –7/16/2024
3rd Reading – 7/30/2024
_________________________________
KRIS LEE, MAYOR
PASSED: _____________________________
ATTEST: ______________________________
MELISSA KINNEY
CLERK OF COMMISSION
The Motion to adopt the foregoing Ordinance was offered by _______________________,
seconded by ____________________________, and on roll call the following vote ensued:

Mayor Kris Lee
Commissioner James Vetter
Commissioner Frank DeBrosse
Commissioner Thomas Hohman
Commissioner Paul Simmons

____________
____________
____________
____________
____________

Item # O-11-24

Commission Agenda
Staff Report
MEETING DATE 7-30-2024
REPORT TITLE An ordinance permitting the Commission to remove appointed
representatives from boards created by the Commission
Name & Title: Frank Patrizio
SUBMITTED BY Department: Law
AGENDA CLASSIFICATION

APPROVALS/REVIEWS
BACKGROUND
BUDGETING AND
FINANCIAL IMPACT
(Includes project costs and funding
sources)
OPTIONS
(Include Deny /Approval Option)
PROJECT TIMELINE
REASON FOR SELECTING
CONSULTANT/COMPANY
ATTACHMENTS

Consent

Ordinance

Resolution

Regular

City Manager
Asst. City Manager
Asst. City
Law Director
Manager/Development
Setting procedure for removal of board members
Budgeted $:
Expenditure $:
Source of
Funds:
Narrative:
1.
Adopt the Ordinance.
2.
Reject the Ordinance.
3.
Make amendments to this ordinance.

ORDINANCE NO. O-11-24
AN ORDINANCE PERMITTING THE COMMISSION TO REMOVE APPOINTED REPRESENTATIVES FROM
BOARDS CREATED BY THE COMMISSION
Whereas, the Commission has established several boards under Chapter 32 of the Piqua City Code;
Whereas, some of the boards created do not have provisions for the removal of members from said
board;
NOW THEREFORE, BE IT ORDAINED by the Commission of the City of Piqua, State of Ohio, a majority of all
members elected thereto concurring, that:
SECTION I:

The following removal provision shall be applicable to any and all boards created by
the City Commission under Chapter 32 of the Piqua City Code:
Any member of any board may be removed upon a majority vote of the Piqua City
Commission. Any board vacancy created by such action of the Commission shall be
filled by the Commission, and the Successor so duly appointed shall serve the
remaining term of the removed board member;

SECTION II:

This ordinance shall be in addition to any other reasons for removal
as set forth in any ordinance of Chapter 32 of the Piqua City Code;

SECTION III:

This ordinance shall be effective at the earliest time permitted by law.

1st Reading – 6/18/2024
2nd Reading –7/16/2024
3rd Reading – 7/30/2024
_________________________________
KRIS LEE, MAYOR
PASSED: _____________________________
ATTEST: ______________________________
MELISSA KINNEY
CLERK OF COMMISSION
The Motion to adopt the foregoing Ordinance was offered by _______________________, seconded by
____________________________, and on roll call the following vote ensued:

Mayor Kris Lee
Commissioner James Vetter
Commissioner Frank DeBrosse
Commissioner Thomas Hohman
Commissioner Paul Simmons

____________
____________
____________
____________
____________

Item #O-12-24

Commission Agenda
Staff Report
MEETING DATE 7-30-2024
REPORT TITLE An ordinance to repeal Piqua Code 30.15 in its entirety and to
adopt new rules for Commission
Name & Title: Frank Patrizio
SUBMITTED BY Department: Law
AGENDA CLASSIFICATION

APPROVALS/REVIEWS
BACKGROUND
(Includes description, background,
and justification)
BUDGETING AND
FINANCIAL IMPACT
(Includes project costs and funding
sources)
OPTIONS
(Include Deny /Approval Option)

PROJECT TIMELINE
STAFF RECOMMENDATION

Consent

Ordinance

Resolution

Regular

City Manager
Asst. City Manager/Finance
Asst. City
Law Director
Manager/Development
The rules for commission meetings have not been reviewed
and/or updated since 10-16-2012. With the changes in technology
and other factors, these rules need to be updated.
Budgeted $:
Expenditure $:
Source of
Funds:
Narrative:
1.
Adopt the new rules.
2.
Deny the new rules and keep the previous rules in effect
from 12 years ago.
3.
Amend the proposed new rules.
st
1 Reading 7-16-24
2nd Reading 7-30-24
3rd Reading 8-14-24
Adopt the new rules.

REASON FOR SELECTING N/A
CONSULTANT/COMPANY
ATTACHMENTS Rules of Conduct for Meetings

§ 30.15 RULES OF CONDUCT FOR MEETINGS.
(A) When adopting a resolution or ordinance, the following procedures shall be followed:
(1) The heading of the proposed resolution or ordinance shall be read by the City Clerk;
(2) The City Manager, or appropriate department head, shall briefly explain the proposed ordinance or resolution;
(3) The Commissioners shall have an opportunity to ask the department heads and City Manager questions regarding
the ordinance or resolution. No public comment will be permitted during the Commissions' inquiries;
(4) The Mayor shall ask the public for comments or questions about the ordinance or resolution. Comments and
questions regarding the ordinance or resolution shall be addressed to the Mayor and/or City Manager in a civil, respectful
manner and shall be limited to a five minute period per person. The Mayor shall notify any person commenting on an
ordinance or resolution as to when his five-minute period for comments is about to expire. The person commenting can
request additional time and it shall be within the Mayor's discretion to permit the person to comment longer than five
minutes. No person shall be permitted to comment twice on the same resolution or ordinance at the same meeting;
(5) Finally, the Commission shall have its final debate and complete its deliberation on the ordinance or resolution. No
comments from the public shall be permitted during said debate and/or deliberation.
(B) When conducting open forum at the end of the meeting, the following rules be followed:
(1) Comments and questions by the public shall be addressed to the Commission, Mayor and/or City Manager in a civil,
respectful manner and shall be limited to a five minute period per person. The Mayor shall notify any person commenting as
to when his five-minute period for comments is about to expire. The person commenting can request additional time and it
shall be within the Mayor's discretion to permit the person to comment longer. No person shall be permitted to comment
twice in open forum at the same meeting;
(2) Under no circumstances shall any member of the public address or ask questions, other than the City Manager, to
city staff members. If appropriate, the City Manager may direct a city staff member to answer questions or respond to
comments from the public.
(C) During the entire commission meeting, the following rules of conduct shall apply to any person attending the
Commission meeting:
(1) Persons shall conduct themselves in a civil, respectful manner;
(2) No one shall express himself or herself in a manner that interrupts the orderly conduct of the meeting, for example,
talking (other than when addressed by the Commission or City Manager), yelling, clapping, jeering or cheering;
(3) Any person violating any of the rules of conduct shall be warned by the Mayor to cease his or her violation of the
rule. If said person fails to comply with the Mayor's request to cease his or her conduct, the Mayor shall direct the person to
leave the city premises. Failure to leave the premises when directed to do so may result in criminal prosecution;
(4) If a person fails to cease commenting after his or her comment time has expired without extension, the public
microphone shall be cut off, the television camera shall not focus upon the person, and the person will be asked by the
Mayor to sit down. If the person fails to sit down, the Mayor shall direct the person to leave the city premises. Failure to
leave the premises when directed to do so may result in criminal prosecution;
(5) At any time during open forum, if any Commissioner believes that the public comment session no longer serves the
public's interest, he or she may make a motion to adjourn the meeting. If said motion is seconded, all public comments shall
cease and the Mayor shall direct the Clerk to call the roll to determine if the motion to adjourn shall pass. If the motion
passes, the meeting shall be adjourned;
(6) These Rules of Conduct shall be posted at the entrance of the City Commission Chambers.
(Ord. 24-06, passed 8-7-06; Am. Ord. 22-12, passed 10-16-12)

AMENDED
ORDINANCE NO. 12-24
AN ORDINANCE TO REPEAL PIQUA CODE 30.15 IN ITS ENTIRETY AND
TO ADOPT NEW RULES FOR COMMISSION
Whereas, the Piqua City Charter authorizes the Piqua City Commission to adopt
rules for its meetings;
Whereas the Piqua City Commission finds it necessary and in the best interest of
the City to create and adopt the rules attached as Exhibit A for the conduction of
its meeting along with a separate non-agenda public comment forum.
BE IT ORDAINED by the Commission of the City of Piqua, State of Ohio, a
majority of all members elected thereto concurring, that:
SECTION I: the Attached Exhibit A shall be adopted as the Rules for City

Commission Meetings;

SECTION II: the Commission may by resolution or majority vote adopt
additional rules as it desires from time to time as it is intended that the rules for
commission may be amended or repealed at any time by a majority of the
Commission; and
SECTION III: This ordinance shall be effective at the earliest time permitted by
law.

APPROVED: September___, 2024
____________________________
Kris E. Lee, Mayor
_____________________________
Clerk of Commission

PROCEDURAL RULES AND RULES OF CONDUCT FOR CITY COMMISSION MEETINGS
BUSINESS AGENDA
1.

Commission meetings shall be called to order by the Mayor or presiding officer of the
meeting. The clerk shall call the roll of the Commissioners.

2. The Mayor or presiding officer shall thereafter lead the commission in the pledge of
allegiance.
3. Upon roll call being completed, the Business Meeting of the Commission shall
commence.
4. The Commission shall, if necessary, add or remove items to the business agenda and
approve the agenda once it is established.
5. After approval of the agenda, the commission shall vote on approval of the minutes of
prior meetings.
6. After the establishment of the agenda, the Commission shall permit public comment by
the citizens of Piqua as required by Section 4 of the Piqua Charter on any approved
agenda item. Any person providing public comment shall provide his or her name and
street address prior to making any comments.
7. Any non-citizen may also participate in public comment if an ordinance or resolution
made part of the agenda affects his or her business located within the city of Piqua or
utility service they receive within the city of Piqua. Any non-citizen shall state his or her
name and either what business he or she operates that is being affected by an
ordinance or resolution, or what property address inside the city limits that he or she is
receiving utility service.
8. Any person providing public comment may speak once for up to a total of five minutes
on each resolutions and ordinances made part of the agenda. No person shall be
permitted to comment twice on an agenda item.
9. Once public comment is completed, the commission shall immediately begin debate and
deliberate on each agenda item. No public comments from the public shall be
permitted during the debate and/or deliberation of ordinances and resolutions by the
commission.

10. After deliberation on ordinances and resolutions, Votes on ordinances shall be recorded
by roll call and votes on resolutions may be recorded by voice vote; if a commissioner
wishes to have a roll call vote on a resolution, any commissioner may request the clerk
to call the roll to record the vote. The clerk of commission shall record the vote tally for
each ordinance and resolution.
11. During the business agenda, only city employees including department heads and guests
of department heads to discuss matters affecting the city, the Piqua Chamber Director,
the Main Street Piqua Director, may make presentations during the business agenda
part of the meeting.
12. At the completion of the business agenda, the Mayor may or may not permit
commissioners to address the community for the good of the city. Afterwards, the
commissioners shall call the business meeting of the commission to a close and city staff
may be excused.
NON AGENDA PUBLIC COMMENT
13. Non-Agenda public comment sessions may, upon the discretion of the commission,
commence after the regular business meeting of the commission adjourns.
14. Any Non-Agenda Public comment shall not begin after 9 p.m. and shall not continue
after 9 p.m.
15. Comments by the public shall be addressed to the Commission and Mayor and shall be
limited to a five-minute period per person.
Under no circumstances should the
Commission or Mayor interrupt any persons five-minute time period unless the
individual violates the rules of conduct or the individual commenting requests
interactive dialogue. Interactive dialogue shall not extend the five minute period. No
person may speak more than one time during any Non-Agenda public comment session.
16. All comments shall be related to city business or activities.
17. The clerk of commission shall not be under any obligation to keep minutes of the NonAgenda public comment session.
18. Public comment shall be only afforded to persons who live within the City of Piqua city
limits, own property within the city, or own a business within the city limits.
19. Any person providing public comment shall provide his or her name and street address
prior to making any comments.

RULES OF CONDUCT

Recognizing that the city has a compelling and significant interest in conducting its
meetings in an efficient manner, the following Rules of Conduct shall be enforced during
the Commission Business meeting and the Non-Agenda Public Comment session:
1.

Obscene comments, physically threatening remarks, and disruptive conduct are
prohibited;

2. Profanity that is disruptive is prohibited;
3. Racist and hate-filled epithets are prohibited;
4. Loud and boisterous conduct or comments are prohibited;
5. Cheering, jeering or clapping, unless for ceremonial purposes as determined by the
Mayor, are prohibited;
6. Signs and noisemakers are prohibited;
7. All persons shall remain seated during commission meetings unless they are leaving
the commission chambers or are addressing the commission from the podium;
8. Any person desiring to make a public comment shall complete a public comment
request card provided by the clerk of commission and shall deposit the card in the
public comment request box. The box will be monitored throughout public comment
sessions and cards will be given to the Mayor or presiding officer by the commission’s
designee during public comment sessions;
9. The mayor shall call the persons requesting to make public comment during the
appropriate public comment periods;
10. When called by the mayor to address the commission, the individual called shall
address the commission from the commission podium unless the person so called has
a medical condition that prevents the individual from doing so; in such case, the

Mayor will make every attempt to accommodate the individual so his or her
comments are heard by the public;
11. If during the non-agenda public comment session, the public comment cards have not
all been called prior to the end of the meeting, the individuals not called will be placed
at the top of the list for presenting comments at the next scheduled meeting;
12. If during the non-agenda public comment session, the public comment cards have
been exhausted and the meeting has not been concluded, individuals who have not
spoken may request to do so until the conclusion of the meeting.

Any individual violating a commission rule shall be warned by the Mayor or presiding officer
of the violation and if such individual does not cease the activity so warned, he or she shall
asked to leave city hall. If an individual refuses to comply with the Mayor or presiding
officers directive to leave city hall, the individual may be charged criminally for the his or her
conduct.

Item # O-13-24

Commission Agenda
Staff Report
MEETING DATE July 30, 2024
REPORT TITLE An amended ordinance to make appropriations for the City of Piqua, Ohio,
for the year 2024
SUBMITTED BY

AGENDA CLASSIFICATION

Name & Title: Jerald O’Brien, Finance Director
Department: Finance
Consent

Ordinance

Resolution

Regular

City Manager
APPROVALS/REVIEWS
Law Director
Department Director
The changes to the appropriations are due to changes in plans and
BACKGROUND
unforeseen circumstances at the time the 2024 budget was completed.
SECTION 1:
City Building – Funds in the amount of $22,000 were originally budgeted for
the Google room project. That project did not go forward this year so these
funds are being reallocated to the capital outlay line to purchase
equipment for the Commission Chambers.
Engineering and Planning and Zoning – The increases of $10,150 and
$18,850 which total $29,000 are to purchase a new permit processing
software. The Community Services Director will be providing more
information about this software to the Commission in Resolution 94-24.
Planning and Zoning – The need for an Administrative Assistant has been
identified in the Planning and Zoning Department. The increase of $26,000
is to pay for the salary of the new employee for the remainder of 2024.
General Government – $50,000 of this increase is to budget for investment
fees for the remainder of 2024. Now that we have a history of investment
activity, we are better able to estimate the amount of fees. $5,000 of this
increase is for the indigent burial program which is required by Ohio law.
Human Resources – The increase of $5,400 is for outside legal counsel,
including our labor attorney.
Transfers out – An increase in budgeted transfers is necessary to the Park
Fund to allow for an increase in the appropriations in that fund.

SECTION 2:
The increase in personal services is to allow for the hiring of a Program
Manager for parks and recreation events. In the operations and
maintenance line, $75,000 of the increase is for parks programming and
events in the parks. $16,650 of the increase is for security cameras at Lock
9 Park.
SECTION 3:
Fire Department – There were additional repairs that needed to be made to
the new fire truck that were identified while the truck was in the repair
shop. The additional repairs were $17,000 of the total. $12,000 of the
increase was for the concrete pad work at the fire training facility. $26,000
of the increase was for a new pump for the grass truck. The old pump
failed and needed costly repairs, so the decision was made to purchase a
new pump rather than pay for expensive repairs on an old pump that was
due to be replaced. $8,068 is being reallocated from operations &
maintenance for a net increase in appropriations to the capital line item of
$55,000.
Police Department – $13,200 of this increase is to the vehicle repair line
item. An insurance check in this amount was received in 2023 to pay for
the repair but the repair was not completed until 2024 due to parts being
on backorder. $10,500 of the increase is to purchase a K9 unit. This will be
funded by a grant of $10,500.
SECTION 4:
The Demolition Fund – This fund is used to collect insurance settlements on
buildings that have been damaged and are either being repaired or
demolished by the property owner. The checks are held by the city until
the project passes the City’s inspection process and has been determined
to meet City codes. The increase to the budget appropriates money that
has been received from the insurance company for a project that has met
City requirements and is eligible for release to the property owner.
SECTION 5:
Refuse Department – This $30,000 appropriation is to increase the vehicle
repair line item for estimated repairs for the remainder of 2024. $17,469 of
the repairs made from this line were for repairs to a damaged vehicle for
which the City received an insurance reimbursement for the repairs in that
amount.
SECTION 6:
City Health Insurance Fund – This fund was used when the City was fully
self-insured for healthcare costs. It currently has a fund balance of $1.2
million. In 2024, the City participated in a limited self-insurance program to
help save costs on healthcare insurance. At the time of the original budget,
the estimated costs were budgeted based on the information available at

the time. This increase is to budget for the city’s portion of estimated
healthcare costs for the remainder of 2024.
BUDGETING AND Appropriations $:
FINANCIAL IMPACT
Source of Funds:

$559,360 net increase to the budget

Narrative
OPTIONS

1.

Approve Ordinance No. O-13-24 accepting the Amended Ordinance to
make Appropriations for the City of Piqua for the Year 2024.

2.

Approve Ordinance No. O-13-24 accepting the Amended Ordinance to
make Appropriations for the City of Piqua for the Year 2024 with
changes being made to the amounts requested.

PROJECT TIMELINE
STAFF We are requesting approval of Ordinance No. O-13-24 to make
RECOMMENDATION appropriations for the City of Piqua for the year 2024.
REASON FOR SELECTING N/A
CONSULTANT/COMPANY
ATTACHMENTS

ORDINANCE NO. O-13-24

AN ORDINANCE TO MAKE APPROPRIATIONS FOR THE
CITY OF PIQUA, OHIO, FOR THE YEAR 2024
BE IT ORDAINED by the Commission of the City of Piqua, Miami County,
Ohio, the majority of all members elected or appointed thereto concurring:
SEC. 1:

That there be appropriated from the GENERAL FUND (001)

ACCOUNT

2024
BUDGET

INCREASE
(DECREASE)

2024 REVISED
BUDGET

City Building
Operation and Maintenance
Capital Outlay (including labor)
Allocated Expenses

$269,509
$90,460
($20,430)

($22,000)
$22,000

$247,509
$112,460
($20,430)

TOTAL

$339,539

$0

$339,539

City Commission
Personal Services/Administrative Support
Operation and Maintenance

$61,737
$40,681

TOTAL

$102,418

City Manager
Personal Services/Administrative Support
Operation and Maintenance
Allocated Expenses

$302,063
$34,431
($246,213)

$61,737
$40,681
$0

$102,418
$302,063
$34,431
($246,213)

TOTAL

$90,281

Civil Service
Operation and Maintenance

$38,870

TOTAL

$38,870

$0

$38,870

Engineering
Personal Services/Administrative Support
Operation and Maintenance
Allocated Expenses

$372,019
$207,624
($469,340)

$10,150

$372,019
$217,774
($469,340)

TOTAL

$110,303

$10,150

$120,453

Finance
Personal Services/Administrative Support
Operation and Maintenance
Allocated Expenses

$746,836
$90,374
($569,497)

TOTAL

$267,713

Law
Personal Services/Administrative Support
Operation and Maintenance
Allocated Expenses

$0
$128,984
($76,805)

TOTAL

$52,179

Income Tax
Personal Services/Administrative Support
Operation and Maintenance

$62,016
$460,770

TOTAL

$522,786

$0

$522,786

Planning & Zoning
Personal Services/Administrative Support
Operation and Maintenance

$430,295
$83,436

$26,000
$18,850

$456,295
$102,286

TOTAL

$513,731

$44,850

$558,581

General Government
Operation and Maintenance
Capital Outlay (including labor)

$735,715
$500,000

$55,000

$790,715
$500,000

$1,235,715

$55,000

$1,290,715

TOTAL

$0

$90,281
$38,870

$746,836
$90,374
($569,497)
$0

$267,713
$0
$128,984
($76,805)

$0

$52,179
$62,016
$460,770

Human Resources
Personal Services/Administrative Support
Operation and Maintenance
Allocated Expenses
TOTAL

$371,751
$81,878
($384,741)

$5,400

$371,751
$87,278
($384,741)

$68,888

$5,400

$74,288

Public Relations
Personal Services/Administrative Support
Operation and Maintenance
Allocated Expenses

$238,908
$90,708
($194,191)

TOTAL

$135,425

Facilities
Personal Services/Administrative Support
Operation and Maintenance
Allocated Expenses

$126,289
$1,500
($127,789)

TOTAL

$0

Purchasing
Personal Services/Administrative Support
Operation and Maintenance
Allocated Expenses
TOTAL

$238,908
$90,708
($194,191)
$0

$135,425
$126,289
$1,500
($127,789)

$0

$251,840
$19,758
($259,592)

$0
$251,840
$19,758
($259,592)

$12,006

$0

$12,006

Transfers
Transfer to Parks Fund 105
Transfer to Safety Fund 106
Transfer to Forest Hill Mausoleum Fund 110
Transfer to Pro Piqua Fund 128
Transfer to Golf 409
Transfer to Fort Piqua Plaza 410

$1,000,000
$3,550,000
$25,000
$60,000
$225,000
$425,000

$50,130

$1,050,130
$3,550,000
$25,000
$60,000
$225,000
$425,000

TOTAL

$5,285,000

$50,130

$5,335,130

TOTAL GENERAL FUND

$8,774,854

$165,530

$8,940,384

$768,536
$620,619
$122,000

$58,500
$91,630

$827,036
$712,249
$122,000

$1,511,155

$150,130

$1,661,285

009 Fire Department
Personal Services/Administrative Support
Operation and Maintenance
Capital Outlay (including labor)

$4,945,636
$987,421
$318,432

($8,068)
$63,068

$4,945,636
$979,353
$381,500

TOTAL

$6,251,489

$55,000

$6,306,489

014 Police Department
Personal Services/Administrative Support
Operation and Maintenance
Capital Outlay (including labor)

$5,863,299
$924,764
$210,757

$23,700

$5,863,299
$948,464
$210,757

TOTAL

$6,998,820

$23,700

$7,022,520

TOTAL PUBLIC SAFETY

$13,250,309

$78,700

$13,329,009

Operation & Maintenance

$100,000

$40,000

$140,000

TOTAL

$100,000

$40,000

$140,000

Personal Services/Administrative Support
Operation and Maintenance

$860,048
$1,391,251

$30,000

$860,048
$1,421,251

TOTAL

$2,251,299

$30,000

$2,281,299

SEC. 2:
That there be appropriated from the PARK AND RECREATION FUND (105)
Personal Services/Administrative Support
Operation and Maintenance
Capital Outlay (including labor)
TOTAL
SEC. 3:

SEC. 4:

SEC. 5:

That there be appropriated from the PUBLIC SAFETY FUND (106)

That there be appropriated from the DEMOLITION DEFENSE FUND (126)

That there be appropriated from the GARBAGE AND REFUSE FUND (405)

SEC. 6:

That there be appropriated from the CITY HEALTH INSURANCE
FUND (614)

Personal Services/Administrative Support
Operation and Maintenance

$0
$155,000

$240,000
($145,000)

$240,000
$10,000

TOTAL

$155,000

$95,000

$250,000

SEC. 7:
That the sum appropriated are actual expenditures for goods and services or other government
functions performed in the calendar year 2024. Future commitments representing encumbrances of fund balance or
future receipts will be appropriated in the future year when those services or goods are rendered to the city.
SEC. 8:
That the sums expended from the appropriations and which are proper charges against any other
department or against any person, firm or corporation which are repaid with the period covered by such appropriations
shall be considered reappropriated for such original purposes; provided, that the net total of expenditures under any
item of said appropriations shall not exceed the amount of the item.
SEC. 9:
That the Director of Finance is hereby authorized and directed to draw her warrant upon the City
Treasury for the amounts appropriated in this order when claims are properly presented and approved, the same to be
chargeable to the appropriations for the year 2024 when passed and legally contracted for in conformity by law.
SEC. 10:
That the Finance Director at the discretion of the City Manager make temporary advances from the
General Fund to any Fund to cover temporary shortages of cash until revenues or permanent transfers become
available to repay that temporary advance. That these advances may not exceed $1,000,000 in the aggregate nor
extend past December 31, 2024; except those that are to be reimbursed by federal, state or other grant programs that
were previously approved by this Commission.
SEC. 11:
repealed.

That all ordinances, or parts of ordinances, inconsistent with this ordinance be and they are hereby

KRIS LEE, MAYOR
PASSED:

ATTEST:

CLERK OF COMMISSION

The Motion to adopt the foregoing Ordinance was offered by _____________________________________,
seconded by _____________________________________, and on roll call the following vote ensued:
Mayor Kris Lee

________________

Commissioner Thomas Hohman

________________

Commissioner James Vetter

________________

Commissioner Paul Simmons

________________

Commissioner Frank DeBrosse

________________

Item # R-99-24

Commission Agenda
Staff Report
MEETING DATE
REPORT TITLE

SUBMITTED BY

July 30, 2024
A resolution authorizing a purchase order to Strawser Construction Inc. for
a portion of the 2024 Pavement Preservation Program
Name & Title: Kyle Hinkelman, Community Services Director
Department: Community Services

AGENDA CLASSIFICATION

Consent

City Manager
Asst. City Manager/Development
Department Director

APPROVALS/REVIEWS

BACKGROUND

Ordinance

Resolution

Regular

Asst. City Manager/Finance
Law Director
Other:

On June 26th, 2024, a proposal was received from Strawser Construction
Inc. (Exhibit A) with the approval to use the ODOT Cooperative Bid Process
for 101G-25 (R-62-23). ODOT authorized the City of Piqua to use the
contract for 101G-25 on July 18th via OhioBuys.
The streets in this portion of the 2024 Pavement Preservation Program are
shown on the attached map (Exhibit B). The streets were selected based on
their Pavement Condition Index (PCI) and applying the appropriate
treatment to the road in the area selected for this year.
This portion of the program will consist of streets being crack sealed and
microsurfaced. The project will also include the placement of all new paint
pavement markings on the streets worked on.

BUDGETING AND
FINANCIAL IMPACT

OPTIONS

Budgeted $:

$1,000,000 (for the entire Pavement Preservation
Program, including the ADA Curb Ramp Project)

Expenditure $:

$106,500 (includes 10% contingency)

Source of
Funds:

Street Income Tax (103 Fund)

Narrative:

This resolution includes a 10% contingency for items
of work which may be required which are not included
in the original plans and specifications. This also
accounts for any overages that may occur.

1.

Approve the resolution and complete this portion of the 2024
Pavement Preservation Program.

2.

Do not approve the resolution and do not complete this portion of the
2024 Pavement Preservation Program.

PROJECT TIMELINE The 2024 Pavement Preservation Program will occur throughout the
summer into fall. This portion of the program will hopefully take place late
summer/early fall.
STAFF Approve the resolution to allow for the completion of this portion of the
RECOMMENDATION 2024 Pavement Preservation Program.
REASON FOR SELECTING Utilizing the ODOT Cooperative Bid Process
CONSULTANT/COMPANY
ATTACHMENTS Proposal (Exhibit A), Area Map (Exhibit B)

Exhibit "A"

PROPOSAL
6.26.2024
Kenton Kiser
City of Piqua
201 W Water St
Piqua, OH 45356
937.778.2044
[email protected]
Project: 2024 Crack Seal & Microsurface
Dear Mr Kiser,
Strawser Construction Inc. (“Strawser”) is pleased to present the following proposal for your review.
We will furnish all labor, equipment, and materials to complete the following scope of work:

Type of Work 1
Micro @ 24LB/SY

Quantity
12,695.00

Unit of
Measure
SY

Unit Price
$5.89

Extension
$74,773.55

Type of Work 2
Crack Seal Type II

Quantity
12,695.00

Unit of
Measure
SY

Unit Price
$1.00

Extension
$12,695.00

Type of Work 3
Removal of Pavment Markings

Quantity
471.00

Unit of
Measure
LF

Unit Price
$8.86

Extension
$4,173.06

Type of Work 4
Item 642 12" Crosswalk Line

Quantity
441.00

Unit of
Measure
LF

Unit Price
$9.45

Extension
$4,167.45

Type of Work 5
Item 642 24" Stop Line

Quantity
110.00

Unit of
Measure
LF

Unit Price
$10.10

Extension
$1,111.00

Total

$96,920.06

Strawser Construction Inc. is an equal opportunity/affirmative action employer.
Page 1 of 7

PROPOSAL
(continued)

PROPOSAL SPECIFIC CONDITIONS:
•
•
•
•

•
•
•

Pricing valid for 30 days from date of Proposal on page 1. If Proposal has not been accepted and returned
within 30 days, Strawser has the right to adjust pricing.
By signing this Proposal, you are agreeing to Strawser’s Standard Terms and Conditions for Projects, attached
hereto.
Proposed quantities are based on site conditions as of the date of this Proposal.
This proposal is limited to the scope of work listed on page 1. Any alteration or deviation from this scope of
work may result in additional costs and must be contracted for in writing and signed by an authorized
representative of Strawser.
Prices are based on 1 mobilization. SCI CANNOT guarantee a 2024 completion date. May carryover to 2025
Unit Price items will be billed per installed quantities.
Prices include sales tax if project is not tax exempt.

Exclusions:
•
Per ODOT specifications.
•
Performance and payment bond. Bonding, if required, can be provided @ 1%.
•
Water source, if required.
Notes:
•
•
•
•
•
•

Pricing is based on assumption that existing pavement will support the weight of normal construction loads.
Strawser is not responsible for damage to finished surface by others including humans, animals or vehicles
tracking fresh material.
Upon the awarding of the proposal, please supply Strawser with an Ohio Department of Taxation
Construction Contract Exemption Certificate, if applicable.
Pavement to be clean of all debris before our arrival.
Does not include any asphalt repairs and based on being able to close down side streets during microsurface
City to presweep streets prior to SCI arrival

Please call with any questions.
Thank you,

Dominic Caminiti
Strawser Construction Inc.
614.203.8089
[email protected]

Strawser Construction Inc. is an equal opportunity/affirmative action employer.
Page 2 of 7

APPROVAL AND ACCEPTANCE
We hereby propose to furnish material and labor – complete in accordance with above specifications, for the sum of:
$96,920.06
Payment terms:

Net 30 Days

This offer is subject to credit approval from our credit department This account is subjected to a finance charge
computed at an annual percentage rate of 18% on the total past due balance.
Strawser Construction Inc. Authorized Signatures:
_________________________________________________
Timothy W. Amling, Senior Estimator

Date: _________________________

_________________________________________________
Douglas C. Perry, Senior Estimator

Date: _________________________

***********************************************************************************************
Acceptance of Proposal – The above prices, specifications and conditions are satisfactory and are hereby accepted.
You are authorized to perform the work as specified. Funds are available and payment will be made as outlined above.

Please Print Name: ____________________________________________
Title: ________________________________________________________
Email Address: _________________________________________________
Date of Acceptance: _____________________________________________
Authorized Signature: ___________________________________________

Page 3 of 7

Strawser Construction Inc.’s Standard Terms and Conditions
1.

2.

3.

4.

Applicability. The accompanying proposal/quotation/confirmation of work order/invoice and these terms (collectively, the “Proposal ”)
comprise the entire agreement between the parties, and supersede all prior or contemporaneous communications, understandings,
agreements, negotiations, representations, and warranties. The terms and conditions herein supersede and nullify, and Strawser
hereby expressly rejects, any other terms or conditions found in any other agreements or documents, including but not limited to
Customer’s website, Customer’s construction contracts, purchase order forms, and any contract between Customer and any third
party. All sales for work and materials pursuant to this Proposal are subject to Strawser’s approval of Customer’s credit application
and assignment to Customer of a credit limit.
Pricing. Unless otherwise stated in this Proposal or the quote provided herewith, prices quoted shall be good for a period of 30 days.
Strawser reserves the right to adjust any prices for Proposals that are not complete within one hundred eighty (180) days from the
date of the Proposal. Pricing includes overhead, profit, insurance, burdens, fringe benefits, consumables, small tools, standard PPE,
labor, equipment, and material. Prices in the Proposal are based upon estimated quantities and digital measurements ONLY and
based upon plans and specifications provided by Customer. Payment shall be based upon actual field measurements and load
tickets. Billing will be based upon measured quantities at the unit rates provided within. In the event of any deviations from the
plans and specifications provided by Customer, including depths, Strawser will need to re-price and will require the parties to execute
an amended Proposal. If applicable, Strawser is to be included in negotiations with Owner on all modifications/change orders that will
have an impact on Strawser’s scope of work under this Proposal.
Payment. Payment terms are net 30 days from date of Strawser’s invoice or sooner as may be required by applicable law. Late
payments shall accrue a finance charge computed at an annual percentage rate of 18% or the highest rate allowable by law, whichever
is less. Strawser shall be entitled to recover all costs and expenses, including reasonable attorneys’ fees, arising out of Customer’s
failure to make all payments due under this Proposal in a timely manner. In the event payment is not received within 30 days,
Strawser has the right to stop work under the Proposal until such time as payment is received.
Taxes. Customer is responsible for payment of all taxes and duties of any nature whatsoever, including any local, state and federal
taxes. Customer agrees to indemnify and hold Strawser harmless from any and all costs and expenses associated with any levy or
attempted levy of any such taxes on Strawser. Any taxes that are or may be levied by the United States Government or any State or
political subdivision thereof, on the material quoted herein, or on the sale or purchase thereof, or on incidental transportation charges,
when same are paid or required to be paid or collected by the Seller shall be added to the prices named, unless otherwise stated.

5.

Suspension; Termination. In addition to any other remedies available to Strawser, Strawser may suspend or terminate this Proposal
with immediate effect upon written notice to Customer, if Customer: (a) fails to pay any amount when due under this Proposal (or any
other agreement Customer has with Strawser); (b) has not otherwise performed or complied with any of these terms (or complied with
the terms of any other agreement Customer has with Strawser); (c) becomes insolvent, files a petition for bankruptcy or commences or
has commenced against it proceedings relating to bankruptcy, receivership, reorganization or assignment for the benefit of creditors;
or (d) exhibits other adverse credit conditions that are unsatisfactory to Strawser, as determined by Strawser in its sole discretion.

6.

Commencement of Work. Customer shall provide Strawser a construction schedule and appropriate notice prior to the
commencement of Strawser’s work under this Proposal. The Proposal assumes unimpeded access and egress to the site to perform
Strawser’s Work.

7.

Warranty. Strawser warrants that the goods herein will conform to the specifications provided to Strawser prior to manufacture,
shipment or placement of the materials. All work will be completed in a workmanlike manner according to standard industry practices.
Strawser’s obligation to meet the applicable specifications supersedes any and all other warranties. Strawser does not warrant design
surfaces with less than 1% drainage. THE EXPRESS WARRANTY PROVIDED IN THIS SECTION 7 IS THE SOLE AND EXCLUSIVE WARRANTY
PROVIDED BY STRAWSER TO BUYER.

Page 4 of 7

Strawser Construction Inc.’s Standard Terms and Conditions (continued)
7.
(cont.)

8.

9.

STRAWSER DISCLAIMS AND CUSTOMER WAIVES ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO
ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTY FROM
COURSE OF DEALING OR USAGE OF TRADE. Customer shall verify that Strawser’s proposed work and materials comply with the plans
and specifications prior to installation. The express limited warranty set forth herein shall be void if Customer fails to pay Strawser in
full for the work and materials provided by Strawser pursuant to this Proposal.

Time. Strawser shall make reasonable efforts to deliver materials and perform work by the specified delivery date. Strawser is not
responsible for any delays in work or supply of materials due to labor disputes, pandemics, repairs to machinery, fire, flood, adverse
weather conditions, inability to obtain transportation, fuel, electric power, or operating materials or machinery at reasonable cost; or
by reason of any other cause beyond its control, including the inability to produce materials meeting any applicable specification or
requirement. The period specified for delivery of goods or performance of work hereunder shall be extended by the period of delay
occasioned by any such circumstance.
Disclaimer for Work of Others. Strawser assumes no responsibility for work performed by others outside of the scope of this contract,
and denies all liability for items not included in the contract, nor is Strawser responsible for any design deficiencies unless such are
provided by Strawser.

10.

Modification. No amendment or modification of this Proposal shall be valid or enforceable unless in writing and signed by the party
sought to be charged, and no prior or current course of dealing between the parties, or any usage of trade or custom of the industry
shall modify or supplement the terms and conditions of this Proposal.

11.

No Waiver. The failure of Strawser to exercise any right granted hereunder shall not impair or waive Strawser’s privilege of exercising
such right to any subsequent time or times.

12.

Damages. Strawser’s liability for any and all damages, including claims for damages by third parties, related to this Proposal shall be
limited to replacement of work in place. IN NO EVENT SHALL STRAWSER BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WITH REGARD TO ANY CLAIM ARISING OUT OF OR RELATING TO THIS PROPOSAL.

13.

Indemnity. To the fullest extent permitted by law, Customer shall defend, indemnify and hold Strawser, its officers, employees, agents,
insurers, sureties, and affiliates, harmless from any and all losses, damages, costs, expenses (including attorneys' fees), claims, suits,
liabilities, and fines arising out of or in any way related to: (i) Customer’s breach of this Proposal or (ii) any act or omission by or on
behalf of Customer, its employees, and agents.

14.

Insurance. Owner to carry fire, tornado and other necessary insurance.

15.

Applicable Law. This Proposal, and the rights, duties, obligations, and remedies of the parties shall be governed by or construed in
accordance with the laws of the state where the project is located. Any disputes under this agreement shall be decided under
arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect,
unless the parties mutually agree otherwise. Each party to bear its own costs.

16.

Miscellaneous. Safety Data Sheets (SDS) prepared in accordance with OSHA’s Hazard Communication Standard are available to ensure
chemical safety in the workplace. Please contact Strawser at the phone number or address set forth on the attached page to obtain
copies. All employers with hazardous chemicals in their workplaces must have labels and safety data sheets for their exposed workers
and train them to handle hazardous chemicals appropriately. Customer agrees to draw to the attention of any persons handling or
using the materials or having access to the materials while in Customer’s possession or to whom Customer sells or provides the
materials or any part thereof any warning, information of suggestions which are contained or referred to in the Safety Data sheets or
label information, or any other literature or packaging relating to the materials.

Page 5 of 7

Ohio

STEC CC
Rev. 11/14

Department of
Taxation
tax.ohio.gov

Sales and Use Tax
Construction Contract Exemption Certificate
Identification of Contract:

Contractee's (owner's) name
Exact location of job/project
Name of job/project as it appears
on contract documentation

City of Piqua
Various Roads
2024 Crack Seal & Microsurface

The undersigned hereby certifies that the tangible personal property purchased under this exemption certificate was purchased
for incorporation into:
A building used exclusively for charitable purposes
by a nonprofit organization operated exclusively for
charitable purposes as define in Ohio Revised Code

(R.C.) section 5739.02 (8)(12);
Real property under a construction contract with the
United States government, its agencies, the State of
Ohio or an Ohio political subdivision;
A horticulture structure of livestock structure for person
engaged in business of horticulture or producing
livestock;
A house of public worship or religious education;
The original construction of a sports facility under
R.C. section 307.696;
Real property outside this state if such materials and
services, when sold to a construction contractor in the
state in which the real property is located for incorporation into real property in that state, would be
exempt from a tax on sales levied by that state;

Real Property that is owned, or will be accepted for
ownership at the time of completion, by the United
States government, its agencies, the state of Ohio or
an Ohio political subdivision;
A computer data center entitled to exemption under
R.C. 122.175;
A building under a construction contract with an
organization exempt from taxation under section
501(C)(3) of the Internal Revenue Code of 1986
when the building is to be used exclusively for the
organization's exempt purposes;
A hospital facility entitled to exemption under R.C.
section 140.08;
Building and construction materials and services sold
for incorporation into real property comprising a
convention center that qualifies for property tax
exemption under R.C. 5709.084 (until one calendar
year after the construction is completed).

The original of this certificate must be signed by the owner/contractee and/or government official and must be retained by the prime
contractor. Copies must be maintained by the owner/contractee and all subcontractors. When copies are issued to suppliers
when purchasing materials, each copy must be signed by the contractor or subcontractor making the purchase.
Prime Contractor
Name Strawser Construction Inc.
Signed by
Title
Street address 1392 Dublin Road
City, state, ZIP Columbus, OH 43215
Date

Owner/Contractee
Name
Signed by
Title
Street address
City, state, ZIP
Date

Subcontractor
Name
Signed by
Title
Street address
City, state, ZIP
Date

Political Subdivision
Name
Signed by
Title
Street address
City, state, ZIP
Date
Page 6 of 7

Road Name
Jean St
Peters Dr
Janet Dr
Edge St

Limits
Start
N Sunset Dr
N Sunset Dr
Cul de Sac
Beverly Dr

End
Sharon Dr
Janet St
Jean St
McKinley Ave

Total Square Yards

Square Yards
2919
1512
2907
5354

12692

Page 7 of 7

Exhibit "B"

RESOLUTION NO. R-99-24
A RESOLUTION AUTHORIZING A PURCHASE ORDER
TO STRAWSER CONSTRUCTION, INC. FOR A PORTION
OF THE 2024 PAVEMENT PRESERVATION PROGRAM
WHEREAS, on April 18, 2023, this Commission passed Resolution No.
R-62-23 authorizing the City of Piqua to utilize the ODOT Cooperative Bid Process;
and
WHEREAS, the purchase will be made utilizing the ODOT Cooperative Bid
Process with Strawser Construction Inc.; proposal being shown in Exhibit “A”
attached hereto;
NOW, THEREFORE, BE IT RESOLVED by the Commission of the City of Piqua,
Miami County, Ohio, the majority of all members elected thereto concurring, that:
SEC. 1: A purchase order is hereby authorized with Strawser
Construction, Inc. via an ODOT cooperative bid as a portion of the
2024 Pavement Preservation Program and the City Manager is hereby
authorized to execute a contract with said contractor pursuant to
contract specifications.
SEC. 2: The Finance Director certifies that funds are available and is
hereby authorized to draw her warrants from time to time on the
appropriate account of the city treasury in payment according to
contract terms, not exceeding a total of $106,500.
SEC. 3: This Resolution shall take effect and be in force from and after
the earliest period allowed by law.
____________________________
KRIS LEE, MAYOR
PASSED: _______________________
ATTEST:

_______________________
MELISSA KINNEY
CLERK OF COMMISSION

The Motion to adopt the foregoing resolution was offered by___________________________,
seconded by__________________________________, and on roll call the following vote ensued:
Mayor Kris Lee
_____________________
Commissioner Frank DeBrosse _____________________
Commissioner Jim Vetter
_____________________
Commissioner Paul Simmons
_____________________
Commissioner Thomas Hohman _____________________