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AGENDA 4/4/17

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whistlersmom View Drop Down
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    Posted: Apr 03 2017 at 12:21pm
MIDDLETOWN CITY COUNCIL AGENDA
TUESDAY, April 4, 2017
It is the policy of the City of Middletown to make all public hearings an meetings accessible to all persons, in accordance with state
and/or federal laws. If you have a disability which requires accommodation in order for you to attend and/or participate in this
meeting, please contact us at 425-7831 at least forty-eight hours prior to the time of the meeting to advise us of the need for
accommodation, and reasonable efforts shall be made to provide the same. This agenda may be accessed on the City of Middletown
website @ http://www.cityofmiddletown.org.
Revised 3-29-17
CITY COUNCIL BUSINESS MEETING – 5:30 pm – COUNCIL CHAMBERS – LOWER LEVEL
1. MOMENT OF MEDITATION/PLEDGE OF ALLEGIANCE TO THE FLAG
2. ROLL CALL
3. EXECUTIVE SESSION
Under the authority of O.R.C. 121.22 (G) (1) To consider the appointment, employment, dismissal, discipline, promotion, demotion, or compensation of a public employee or official; and under the authority of O.R.C. 121.22 (G) (3) Conferences with an attorney for the public body concerning disputes involving the public body that are the subject of pending or imminent court action.
4. CITIZEN COMMENTS, GUESTS, ORGANIZATIONS’ REPORTS
5. CITY MANAGER REPORTS
6. CONSENT AGENDA. . . Matters listed under the Consent Agenda are considered to be routine and will be enacted by one motion and one vote of consent. There will be no separate discussion of these items. If discussion is desired, that item will be removed and considered separately.
(a) Approve City Council Minutes: March 21, 2017
(b) Receive and File Board and Commission Minutes:
Airport Commission- October 20 & November 17, 2016
Planning Commission- December 14, 2016, & February 8, 2017
Board of Zoning Appeals- January 4 & February 1, 2017
Historic Commission- January 26, 2017
Board of Health- February 14, 2017
(c) Confirm Personnel Appointments:
Joe Collins and Bianca Griffin- Part-time Bus Drivers, Department of Community Revitalization, Division of Transit
Amanda Gaspara- Part-time Treatment Plant Assistant Lab Analyst, Department of Public Works, Division of Water Treatment
(d) Receive and File and Oath of Office for Paul Toth
(e) Proclamation: National Public Health Week- April 3-9, 2017
MIDDLETOWN CITY COUNCIL AGENDA
TUESDAY, April 4, 2017
It is the policy of the City of Middletown to make all public hearings an meetings accessible to all persons, in accordance with state
and/or federal laws. If you have a disability which requires accommodation in order for you to attend and/or participate in this
meeting, please contact us at 425-7831 at least forty-eight hours prior to the time of the meeting to advise us of the need for
accommodation, and reasonable efforts shall be made to provide the same. This agenda may be accessed on the City of Middletown
website @ http://www.cityofmiddletown.org.
MOTION AGENDA
(a) To approve the purchase of a Medix ambulance off the ODAS contract from Penn
Care, of Niles, OH, in the amount of $134,450
(b) To approve the purchase of four pickup trucks off the ODAS Cooperative
Purchasing Program from the Bob Ross Auto Group, Centerville, OH, in the
amount of $130,128
COUNCIL COMMENTS
LEGISLATION
1. Ordinance No. O2017-13, an ordinance authorizing a contract with Kelchner, Inc., for the
Yankee Road (Phase 3) Project and declaring an emergency.
2. Ordinance No. O2017-15, an ordinance authorizing the City Manager to enter into a contract
with the Ohio Department of Transportation for the replacement of a traffic signal controller,
and declaring an emergency.
3. Resolution No. R2017-07, a resolution authorizing an agreement granting tax abatement to
Lydia Montgomery and Richard Montgomery for redevelopment of 1201 Central Avenue in the
Downtown Middletown Community Reinvestment Area. (Second Reading)
4. Ordinance No. O2017-16, an ordinance vacating an alley adjacent to 1131 Central Avenue.
(First Reading)
5. Ordinance No. O2017-17, an ordinance vacating an alley adjacent to 1905 Columbia Avenue.
(First Reading)
6. Ordinance No. O2017-18, an ordinance vacating an alley adjacent to 1218 Central Avenue.
(First Reading)
"The only thing necessary for the triumph of evil, is for good men to do nothing" Edmond Burke
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Vivian Moon View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Vivian Moon Quote  Post ReplyReply Direct Link To This Post Posted: Apr 04 2017 at 10:50am

Middletown council to vote on $5.9M road contract tonight

Ed Richter

Staff Writer

9:03 a.m. Tuesday, April 4, 2017  Middletown

 

MIDDLETOWN

Middletown City Council is expected to approve a road construction contract and a pair of development agreements at its meeting tonight.

Council is expected to approve a $5.97 million contract with Kelchner Inc. of Springboro for the construction of Phase 3 of the Yankee Road project between Lafayette Avenue and Oxford State Road.

MORE : Middletown ready for next phase of Yankee Road reconstruction

The project consists of a total reconstruction of the roadway, including widening, realignment, water main replacement, storm sewer improvements and traffic signal replacement. In addition, the roadway will have heavy-duty pavement to accommodate truck traffic, according to city officials.

The Yankee Road project will complement the $6.5 million two-mile widening and reconstruction of Oxford State Road from Yankee Road to Spurlino Materials, which is projected to be completed in late 2017.

Council is also expected to approve a tax abatement to redevelop a building in downtown Middletown.

Richard and Lydia Montgomery, who own three local small businesses in Middletown, are seeking a 12-year, 100 percent Community Reinvestment Area tax abatement for their project at 1201 Central Ave.

MORE: Local couple seeks tax break to redevelop Middletown building

The Montgomerys are proposing to redevelop the three-story building into a retail bicycle shop on the ground level to be called Spoken Bicycles LLC and will transform the upper level into a single family residence.

The total investment by the Montgomerys for the property and building improvements will be about $180,000, according to city documents.

Council is also expected to give final approval to sell a building on First Avenue for about $11.

The city received a proposal from Patrick Klancar, owner of MJK Management LLC of Middletown, who said he’d be willing to purchase the property at 1200-1204 First Ave. for $11.39.

MORE: Middletown considers $11 offer for vacant building

While selling this fixer-upper for $11.39 may seem to be a bargain, Klancar said the estimated cost to revitalize the building is about $50,000 with contingencies to create three market-rate apartments on the upper level and three small storefront businesses at the street level. One of those businesses would be his property management office.

City Manager Doug Adkins said Klancar came to the $11.39 amount after taking the Butler County Auditor’s last appraisal of the property and deducting the costs in bringing the building up to current building standards. Adkins said this was preliminary proposal and that a structured development agreement would be developed that would include credits for work done.

Council meets at 5:30 p.m. today at the Middletown City Building.

 

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whistlersmom View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote whistlersmom Quote  Post ReplyReply Direct Link To This Post Posted: Apr 04 2017 at 11:33am
According to the Journal-News, Monday, March 27,2017 there was a change in funding regarding:

Yankee Road (Phase 3) project for the total roadway reconstruction and widening, realignment, water main replacement, storm sewer improvements, and traffic signal replacement on Yankee Rd. between Lafayette Ave. and Oxford State Rd.

The Journal said: “City officials said the project will be funded by $3.77 million in OKI and Ohio Public Works Commission grants; $1.5 million from the city’s water capital reserve fund; and $700,000 from the city’s storm sewer capital fund. The local funds were included in the city’s 2017 Capital Improvement Budget.”

The $3.77 million in funds from OKI and Ohio Public Works Commission GRANTS replaced the previously proposed funding from Capital Improvement Fund (Fund # 220) in the amount of $3,770,934.91. This is the fund that ILLEGALLY RECEIVES its money TRANSFERED FROM the water, sewer and storm water sewer enterprise funds. That $3,770,934.91 is only a drop in the bucket of money regularly misappropriated from Water and Sewer Enterprise Funds. Why weren't those grants presented for funding initially instead of our Enterprise Funds? When were the grants received? & for what purpose?


Soooo . . . there is still NO funding coming from street funds, infrastructure funds nor Auto and Gas Funds. This is STILL a prime example of the misuse of Enterprise Funds. Remember the city drained the RESTRICTED water and sewer enterprise funds and funneled this money into the NON-RESTRICTED Capital Improvement Fund (and the 2017 Capital Improvement Budget). This fund is STILL getting rich off of our Water and Sewer Enterprise Funds!!!! ESSENTIALLY, THE CITY IS NOW LIVING OFF OF OUR OVER BLOWN WATER AND SEWER BILLS!! This also means that in the near future we will likely be forced by EPA to separate the combined sewers. Our city officials failed, for the last 40 years, to use the RESTRICTED Storm Water and Sewer ENTERPRISE Fund to separate the combined sewers. Our current city officials are just as culpable as those from earlier years for this failure.
"The only thing necessary for the triumph of evil, is for good men to do nothing" Edmond Burke
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Post Options Post Options   Thanks (0) Thanks(0)   Quote VietVet Quote  Post ReplyReply Direct Link To This Post Posted: Apr 04 2017 at 11:54am
Yankee Rd construction- 5.9 million- What is the money source that is funding this? Doesn't mention this in the story.


"Richard and Lydia Montgomery, who own three local small businesses in Middletown, are seeking a 12-year, 100 percent Community Reinvestment Area tax abatement for their project at 1201 Central Ave"

I will comment on this once again.......Why 12 years and not the standard 10? And, what happens if the city gives this couple a 12 year tax abatement and they back out before the 12 years are up? Is there, in the contract, a passage that addresses this to protect the city for giving the no tax years to the buyer? As a matter of fact, whenever the city gives any tax abatement, is there a clause in the contract that penalizes the buyer for opting out of the deal early?

"Council is also expected to give final approval to sell a building on First Avenue for about $11"

Seems to be a pattern here. City owns real estate that is in such poor shape they have to literally give it away and, in some cases, have had the property handed back to them with a "thanks, but no thanks" from the buyer. Seems the city has a large property inventory for one who's leaders have constantly mentioned that they need to get out of the real estate business.

Expect another bobble head nodding/rubber stamp event among the council members on this tonight. Let's save some time. Just pre-record the "yes motion" nodding process from each council member followed by the repetitive "yes", let them stay home for the meeting and accomplish the same thing via the big screen in council chambers. Why waste their time showing up for what is pre-determined? Just make it an absentee vote via pre-recording. There won't be any discussion, questions or dissention anyway. Programmed puppets and not one independent thinking individual occupying a council seat to be found. Imagine that.
I'm so proud of my hometown and what it has become. Recall 'em all. Let's start over.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote whistlersmom Quote  Post ReplyReply Direct Link To This Post Posted: Apr 05 2017 at 11:03am
CITY COUNCIL BUSINESS MEETING – 5:30 pm – COUNCIL CHAMBERS – LOWER LEVEL
1. MOMENT OF MEDITATION/PLEDGE OF ALLEGIANCE TO THE FLAG
2. ROLL CALL
3. EXECUTIVE SESSION
Under the authority of O.R.C. 121.22 (G) (1) To consider the appointment, employment, dismissal, discipline, promotion, demotion, or compensation of a public employee or official; and under the authority of O.R.C. 121.22 (G) (3) Conferences with an attorney for the public body concerning disputes involving the public body that are the subject of pending or imminent court action.

I have never seen an executive session as the first item on the agenda after roll call. The executive sessions were always at the end of the council meetings. Since the length of time of the session is an unknown, this appears to be a fine way to clear out in person visitors to the council meeting. More hiding of the governing process? The sunshine laws mean nothing to our council and our city manager.
P.S. I wonder how much this pending or imminent court action will cost us citizens?

Late this evening I watched the council meeting on YouTube. The first item, executive session, was approximately one hour!! No view of the audience was shown during the session. And when council finally returned from executive session nothing could be heard in the room other than a male voice saying with a snicker “Is it passed your bedtime?”

I noticed that every council member had something to report or make comments when called upon except for Mr. Picard. Was part (maybe most) of their executive session spent staging comments so that everyone “looks involved”? Or, are they really having trouble keeping under wraps the pending or imminent court action? The courts allow public body disputes to be dragged out indefinitely, appealed all the way to federal court, and all the while totally hidden from public view. Council and Adkins know how to use the system to their advantage and to the citizens disadvantage.
"The only thing necessary for the triumph of evil, is for good men to do nothing" Edmond Burke
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Analytical Quote  Post ReplyReply Direct Link To This Post Posted: Apr 05 2017 at 1:35pm
There's one imminent court action involving the city that hopefully has the plaintiff prevailing.  If so, I know of one senior level bureaucrat defendant who will have much explaining to do.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote VietVet Quote  Post ReplyReply Direct Link To This Post Posted: Apr 05 2017 at 1:56pm
whismom:

"Or, are they really having trouble keeping under wraps the pending or imminent court action? The courts allow public body disputes to be dragged out indefinitely, appealed all the way to federal court, and all the while totally hidden from public view"

And, to bring us up to date, specifically, what are the imminent court actions pending at this time against the city? Anyone know?

Sounds like the same situation that we are all reading about with New Miami spending all their money to contest the illegal speeding fines at every court level they can including multiple appeals. By the figures given with the New Miami situation, Middletown, if they follow in New Miami's footsteps, may incur a monumental legal bill as well.

"The sunshine laws mean nothing to our council and our city manager."

The Executive Sessions are legal under the Sunshine Law but there have been other instances where there have been alleged "gatherings" off the record to discuss city business which is illegal under the Sunshine Law. Recently, the city manager told us that they "interact" outside council chambers to provide additional information before an official council meeting is conducted to "better inform" councilmembers before they officially vote. Gotta align themselves with the game plan. That was construed as a violation of the Sunshine Law by many of us here but was countered by, I believe, swohio75 at one time, as a non-violation.

Interesting that the council members had something to say during a council meeting. Not the normal mode of operation as there need not be any verbalizing other than a "yea" or "nay" on their part. Puppets usually don't need to talk, just nod the heads as they are instructed to do by the real people who run the city.    
I'm so proud of my hometown and what it has become. Recall 'em all. Let's start over.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote whistlersmom Quote  Post ReplyReply Direct Link To This Post Posted: Apr 05 2017 at 3:20pm
MIDDLETOWN CITY COUNCIL AGENDA
TUESDAY, April 4, 2017
. . . . .....skip to agenda

CITY COUNCIL BUSINESS MEETING – 5:30 pm – COUNCIL CHAMBERS – LOWER LEVEL
1. MOMENT OF MEDITATION/PLEDGE OF ALLEGIANCE TO THE FLAG
2. ROLL CALL
3. EXECUTIVE SESSION
Under the authority of O.R.C. 121.22 (G) (1) To consider the appointment, employment, dismissal, discipline, promotion, demotion, or compensation of a public employee or official; and under the authority of O.R.C. 121.22 (G) (3) Conferences with an attorney for the public body concerning disputes involving the public body that are the subject of pending or imminent court action.

VietVet:
Oh, glad you asked !!! How we all wish that we could know the number of and substance of the pending or imminent court actions mentioned above (in red) as an item for the executive session!! This is THE Achilles heel which Adkins and Council NEVER mentions in public and only discusses behind closed doors.

Probably they have successfully protected themselves while the city pays for all court costs and proceedings. Most likely several years have passed in who knows how many disputes.

Someday when something is finally resolved in the courts, unfortunately, only then will we know what the dispute was about.   Hopefully that someday is coming soon !!!!   And hopefully the city can recover the cost of all the litigation.   Isn't the guilty party of litigation responsible for court costs? Wonder who the attorney was with whom they conferred in executive session and how much did that cost !!??
"The only thing necessary for the triumph of evil, is for good men to do nothing" Edmond Burke
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