Minutes 9-9-25

KETTERING CITY COUNCIL

REGULAR MEETING MINUTES

September 9, 2025

The Council of the City of Kettering, Ohio, met in regular session on Tuesday, September 9, 2025, at 7:30 p.m. in Council Chambers at the Kettering Government Center South Building, 3600 Shroyer Road. Mayor Lehner presided and the Clerk of Council, Amy J. Hayslip, recorded. This meeting was telecast live on the cable access channel and streamed live at mvcc.net.

Council Members Present: Lehner, Fisher, Sullivan, Scott, Duvall and Suddith

Council Members Absent:

Total Members Present: Six (6)

Mayor Lehner led the audience in the Pledge of Allegiance and gave the invocation.

AMENDMENT TO AGENDA

Mayor Lehner asked is there a motion to amend the agenda by adding an Executive Session for quasi-judicial deliberations after the City Council Report/Update. Vice Mayor Fisher made the motion and Mr. Sullivan seconded the motion and there being six (6) yea votes, and no (0) nay votes the motion declared carried by a roll call vote.

Mayor Lehner introduced the Miami Valley Communications Council TV Operator Evan Russell. She thanked him for his assistance.

APPROVAL OF MINUTES

August 26, 2025 – Council Meeting & Workshop Minutes

Mrs. Fisher reported that she reviewed the above minutes and moved the minutes be approved. Mr. Sullivan seconded the motion and there being six (6) yea votes, and no (0) nay votes for the August 26, 2025 Council Meeting & Workshop minutes the motion was declared carried followed by a roll call vote.

PROCLAMATIONS, SPECIAL PRESENTATIONS, AWARDS, SPECIAL RESOLUTIONS, APPOINTMENTS TO BOARDS AND COMMISSIONS

Special Presentation – Montgomery County Commissioner Mary A. McDonald introduced herself and commented she is pleased to be able to serve the City in this capacity as a County Commissioner and offered their services in any area that we may need support in.

PUBLIC HEARINGS

Appeal of the Board of Zoning Appeals decision in Case No. BZA-25-007

Mayor Lehner opened the public hearing and read the public hearing outline noting that the public hearing is being recorded and the recording will be the official record of the hearing. Mayor Lehner then asked for those who were going to speak during the public hearing to stand and take the oath.

Mr. Ryan Homsi, City Planner gave the presentation for city staff. Mr. Homsi gave a quick overview of the subject appeal and the pertinent evidence discussed at the Board of Zoning Appeal’s (BZA) meetings. City Council’s role is to determine if the BZA made an error in their written decision based upon the evidence discussed and presented at the meetings held on July 14, 2025 and August 11, 2025. Mr. Homsi stated what is not being decided tonight is whether or not the city should or should not permit the keeping of chickens. Mr. Homsi cited various sections of the Kettering Zoning Code (Zoning Code).

The appellant Mr. Combs then questioned Mr. Homsi if the BZA had the full entirety of the code to review during the BZA meetings. Mr. Homsi replied that the BZA had the pertinent code sections.

Mr. Suddith questioned Mr. Homsi if fowl would be considered a household pet. Mr. Homsi answered that it would depend on what definitions you look at and that we don’t define fowl in our code.

Appellant Mr. Todd Combs gave the presentation. Mr. Combs then played a video on the screen showing his chickens in the back yard. Mr. Combs stated that the Zoning Code as written, the errors that were made in applying the code show why this decision must be reversed. Mr. Combs spoke in length about the Zoning Code.

Mr. Combs commented that there was no discussion regarding Shelly Davis’s investigation or the city inspector Doug’s interpretation of pet fowl. Mr. Combs stated at no time did anyone from the city inspect his “pet fowl”. There is no definition anywhere in the code that excludes the wild chicken. If City Council wants to prohibit chickens it has the authority to amend the ordinance. Mr. Combs stated that his fowl meet the definition of household pets under 1159.02.

Mayor Lehner asked Mr. Homsi if he had any questions for Mr. Combs. Mr. Homsi asked how many chickens are kept on the property. Mr. Combs answered that he has zero chickens but have 18 household pet fowl.

Ms. Duvall asked Mr. Combs if the Board of Zoning Appeals ask you questions about where the fowl live, do they live inside the house or outside the house. Mr. Combs answered that the BZA did not ask him any questions. Did BZA talk about the definition of a kennel. Mr. Combs answered yes. Ms. Duvall stated that one of the conditions to have a pet is that they are not maintained in such numbers to constitute a kennel, and 18 seem to fall above that threshold.

Mayor Lehner asked when Mr. Combs first see the picture depicting a chicken, hen or rooster in the Zoning Code. Mr. Combs answered April 2024.

Public Comments in Opposition of the BZA decision

Emily Kyne, 641 Peach Orchard Road
Tyler Scott, 2319 Rockwood Court
Kahlie Hake, 816 Kenosha Road

Public Comments in Favor of the BZA decision

Constance Myers, 809 Rockhill Avenue

The Public Hearing was then closed by Mayor Lehner.

PUBLIC COMMENT ON LEGISLATION

ORDINANCES IN SECOND READING

AN ORDINANCE

NO: 4433-25

BY: MRS. FISHER AND MR. SULLIVAN

TO ENACT SECTION 606.27 OF THE CODIFIED ORDINANCES REGARDING FAILURE TO COMPLY

Mrs. Fisher read the above ordinance and moved for approval. Mr. Sullivan seconded the motion.

Mr. Hamer, Law Director gave a brief description of the ordinance.

The following votes were recorded: Mrs. Fisher, Yea; Mr. Sullivan, Yea; Mr. Scott, Yea; Ms. Duvall, Yea; Mr. Suddith, Yea; Mayor Lehner, Yea. There being six (6) Yea votes and no (0) Nay votes, the motion was declared carried and the ordinance was duly adopted.

AN ORDINANCE

NO: 4434-25

BY: MR. SULLIVAN AND MR. SCOTT

REPEALING CHAPTER 705 OF PART SEVEN OF THE CODIFIED ORDINANCES OF THE CITY OF KETTERING

Mr. Sullivan read the above ordinance and moved for approval. Mr. Scott seconded the motion.

Mr. Hamer, Law Director gave a brief description of the ordinance.

RESOLUTIONS

A RESOLUTION

NO: 11330-25

BY: MR. SCOTT AND MS. DUVALL

ACCEPTING THE RATES AS DETERMINED BY THE BUDGET COMMISSION AND AUTHORIZING THE NECESSARY TAX LEVIES AND CERTIFYING SAME TO THE MONTGOMERY COUNTY AND GREENE COUNTY AUDITORS

Mr. Scott read the above resolution and moved for approval. Ms. Duvall seconded the motion.

Mr. Greeson, City Manager gave a brief description of the resolution.

A RESOLUTION

NO: 11331-25

BY: MS. DUVALL AND MR. SUDDITH

ACCEPTING NATIONAL OPIOID LITIGATION SETTLEMENTS WITH EIGHT OPIOID MANUFACTURERS AS NEGOTIATED THROUGH THE ONE OHIO MEMORANDUM OF UNDERSTANDING

Ms. Duvall read the above resolution and moved for approval. Mr. Suddith seconded the motion.

Mr. Greeson, City Manager gave a brief description of the resolution.

A RESOLUTION

NO: 11332-25

BY: MR. SUDDITH AND MRS. FISHER

ADOPTING A CYBERSECURITY PROGRAM

Mr. Suddith read the above resolution and moved for approval. Mrs. Fisher seconded the motion.

Mr. Bergstresser, Assistant City Manager gave a brief description of the resolution.

A RESOLUTION

NO: 11333-25

BY: MRS. FISHER AND MR. SULLIVAN

AUTHORIZING AN ADDITIONAL EXPENDITURE OF FUNDS FOR STREET LIGHT MAINTENANCE

Mrs. Fisher read the above resolution and moved for approval. Mr. Sullivan seconded the motion.

Mr. Bergstresser, Assistant City Manager gave a brief description of the resolution.

A RESOLUTION

NO: 11334-25

BY: MR. SULLIVAN AND MR. SCOTT

AUTHORIZING THE CITY MANAGER TO CONTRACT WITH STERTIL-KONI USA, INC. FOR REPLACEMENT OF A HEAVY-DUTY LIFT LOCATED AT THE VEHICLE MAINTENANCE CENTER

Mr. Sullivan read the above resolution and moved for approval. Mr. Scott seconded the motion.

Mr. Bergstresser, Assistant City Manager gave a brief description of the resolution.

A RESOLUTION

NO: 11335-25

BY: MR. SCOTT AND MS. DUVALL

TO MAKE SUPPLEMENTAL APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES OF THE CITY OF KETTERING, STATE OF OHIO, DURING THE FISCAL YEAR ENDING DECEMBER 31, 2025

Mr. Scott read the above resolution and moved for approval. Ms. Duvall seconded the motion.

Mr. Greeson, City Manager gave a brief description of the resolution.

Ms. Duvall read the above ordinance.

Mr. Bergstresser, Assistant City Manager gave a brief description of the ordinance.

CERTIFICATIONS AND PETITIONS

MANAGER’S REPORT/COMMUNITY UPDATE

Mr. Greeson, City Manager updated Council on upcoming and community events.

Future Focus: Kettering – open house on Thursday, September 11 from 6 to 8 pm at the Lathrem Senior Center.
2025 Hispanic Heritage Art and Poster Contest for kindergarten through 12^th Submission deadline is October 10, 2025.
EcoFEST 2025 – “The Change Begins With Us”: September 20 from 11:00-3:00 at Lincoln Park Civic Commons.
Fall Into Fitness – September 22 – 28; pass members can bring a friend to try a class for FREE.
Shred Day & Recycling Event, October 11 from 9 a.m. to noon, new location at 950 Forrer Blvd.
Lead Safe Ohio Grant Program – to check for eligibility call 937-296-3308.

OTHER BUSINESS NOT ON WRITTEN AGENDA

Audience Participation (5 Minute Limit per Speaker)

Mr. Ralph Haynes, 2949 E. Cunnington Lane discussed the ongoing condition of his neighbor’s property at 2901 Cunnington Lane.

Mr. Nevin Smith, 2416 Vale Drive, he submitted his petition to run for City Council to the Montgomery County Board of Elections; however has been told that some signatures are not valid; he is appealing to the Board but wanted to make City Council aware of how he has been treated.

COUNCIL COMMITTEE REPORTS

Vice Mayor Fisher reported:

Holiday at Home was wonderful and weather was perfect.
Expecting warmer temperatures ahead, time to use Splash Pad located near Polen Farm is open until September 21^st.

Mr. Sullivan reported:

Jennifer Hart, Holiday at Home President sent a letter thanking the Fire Department, Parks Department and Police Department for their assistance. It was very well attended this year.
Fairmont High School marching band placed 2^nd out of 15 local programs.
Keep supporting Fairmont Football.

Mr. Scott reported:

Attended the Italian Fall Festa, a great celebration since 1978.
Celebrate Hispanic Heritage Month.

Ms. Duvall reported:

Excited to be appointed to the board of the new Miami Valley Technology and Communications Group.
Kettering Leadership Academy will have their annual retreat this Thursday and Friday.

Mr. Suddith had no report.

Mayor Lehner reported:

Congratulations to the Holiday at Home committee.
Attended Ribbon Cutting for the new improvements at the Charles I. Lathrem Senior Center. Doug Lathrem attended and was thanked for their generous $1 million dollar gift.
Parents make attendance in school for their children a priority.

At 9:32 City Council recessed into Executive Session for quasi-judicial deliberations. Executive Session ended at 10:32 pm and went back on the record.

There being no further business to come before this meeting of the Kettering City Council; Mayor Lehner adjourned the City Council Meeting at 10:32 p.m.

ATTEST:

______________________________

PEGGY LEHNER, MAYOR

Amy J. Hayslip

Clerk of Council