By William Tellmoor

The March 19, 2013 City Council meeting opened on a rather poignant note with Citizens’ Comments when Charles Byrd asked for an “act of humanity to save his home.”  He explained that he bought a home a few weeks ago which he was expeditiously repairing.  He said that after he had put in brand new carpet and was in the process of bringing it up to code standards, someone from the city kicked in the brand new front door with its brand new lockset.  He further explained that he had been a master craftsman prior to a career-ending injury and that he had the knowledge and credentials to supervise the renovation.  He added that he also had the money, due to a recent settlement from the injury.  Sheree Byrd said that when she spoke with Community Revitalization Director Doug Adkins about the situation, he told her that “she didn’t need to worry about it; she didn’t have enough money because it was going to be in the thousands. “  Adkins wouldn’t provide a list of what needed to be done, according to Ms. Byrd, and told her that it would be demolished.

Community Revitalization Director Doug Adkins responded that “it is possible that the Byrds had a fraud committed against them” by the previous owners in California, who seem to have sold them a house without disclosing that there was a demolition order in effect.  The consensus of Council was that the city had advised the Byrds how to find legal counsel through Legal Aid and housing assistance through agencies for the homeless, and that demolition should proceed.

During City Manager Reports, Ohioans Against Illegal Gambling (OAIL) representative Patrick Maloney gave a brief presentation in support of House Bill 7 to regulate internet cafes, which the OAIL feels are illegal gambling parlors.

Tom Carroll, City Manager of Loveland Ohio, and representing the Ohio City/County Managers Association presented an award recognizing the partnership that put together the Greentree Health Sciences Academy.  Mayor Mulligan accepted the award on behalf of all involved.  Everyone was excited.

Council received, filed, and approved the recommendations of the Economic Development Department’s Tax Incentive Review Council Report of Annual Meeting, March 4, 2013.

During Council Comments:

• Dan Picard expressed regret regarding the situation with the Byrds.  He said that it appears the City did everything they were supposed to do, and there is nothing left to do but move forward.  He might change his decision if the situation were different.  The City must move forward.
• Josh Laubach once again cautioned the City to avoid getting involved in acquiring real estate. He is of the mindset that we are in such situations not because of the free market, but because this and previous councils have been heavily involved in real estate and subsidized housing.  He feels it has changed the make-up of our city for the worse.  His heart goes out to the Byrds, and he does not think that the right thing to do is to move forward on this property.
• Anita Scott-Jones mentioned the George Nock exhibit coming to the Middletown Art Center.  Mr. Nock is an artist, sculptor and former NFL running back.  She also reminded the public of her “Meet-and-Greet” on Thursday, March 28 from 5 to 6 pm, at the Council Chambers.  She said that she did not understand the hastiness in the case of the Byrds.  She felt there were more than enough properties to demolish, and why we couldn’t put it at the back of the list.  We see things from different perspectives.   She doesn’t see what the rush to judgment was in this particular situation.  At the completion of her comments, Ms. Scott-Jones left the room and did not return for the duration of the meeting.  No explanation was given for her departure.
• Ann Mort complimented the participants in the Chamber’s Business Expo this past week.  She thought it was very well done and she enjoyed the performance by the Middletown High School’s “Purple Pizazz” show choir.  She mentioned that the Week of April first, there will be two artists in town from Cuba.  They are trying to arrange interpreters.   She also mentioned that April 20 is Keep Middletown Beautiful’s Earth Day.  She added that it is a “big deal.”
• Joe Mulligan had no comments.
• AJ Smith said that he didn’t think we should proceed with the demolition of the Byrd property at this time.  There are 300 other properties that are on the demolition list.  He compared this case with the recent decorative lighting case on South Main Street, and the amount of time and help that Council gave them to work things out.
• Mayor Mulligan announced that SunCoke will have a maintenance shutdown the week of April 8.  The Southwest Ohio Air Quality Agency has a 24 hour hotline that can be used for any air quality concerns, questions or complaints.  The number is 513 946-7777 or toll free at 800 889-0474.  He extended his thanks and appreciation to School Superintendent Greg Rasmussen.  He acknowledged Middletown Christian School’s 40th Anniversary.  He said that he had heartfelt concern for the Byrds, but he encouraged folks to do their due diligence to avoid frauds and scams.  He stated that he would “respectfully disagree with some of my Council members who think we should pause-- it would’ve been easier to pause-- and create tougher challenges—than having the insight to go with an easier decision, in my opinion, to take up their case.  However, we have a process that is on the books and we need to proceed carefully through that.  It does open up challenges for future situations.”  He added “In working with Ms. Gilleland and Mr. Adkins through this and their updates, they did keep council up-to-date on this.  I appreciate that.  This doesn’t come as a surprise.  We were fully informed and worked through the process and verified things.  That’s what our obligation is to the broader community.”

Regarding legislation, City Council:

• Passed by a vote of 6-0, ORDINANCE No. O2013-16, granting an access easement to the Fischer Family Foundation from the end of Atrium Boulevard to their property.
• Passed as an emergency, by a vote of 6-0, ORDINANCE No. O2013-17, authorizing a contract with Hickman Lawn Care for grounds maintenance.
• Passed by a vote of 5-1, RESOLUTION No. R2013-04, authorizing a contract for the purchase of real property at 42 North Main Street for the sum of $20,000.00.   Prior to the vote, Mr. Laubach again urged his colleagues to exercise restraint in dealing in real property.  Mr. Laubach was the sole dissenting vote.
• Passed by a vote of 6-0, RESOLUTION No. R2013-05, releasing a performance bond submitted by Sawyers Mill, LLC., for public improvements as part of Sawyers Mill Subdivision.
• Heard the first reading of RESOLUTION No. R2013-07, making adjustments to appropriations of the Downtown Fund for the costs associated with the remodeling of the City Building fourth floor in preparations for lease to the Middletown City School District.
• Heard the first reading of ORDINANCE No. O2013-18, approving an amendment to a tax abatement agreement with Steam Systems, Inc.
• Heard the first reading of ORDINANCE No. O2013-19, approving an amendment to a tax abatement agreement with Pilot Chemical Company.

Council then moved into an executive session.

Watch the entire City Council Meeting below.

Video Source Blip.tv/tv-Middletown