See
comments in red on Mr Adkins
“explanation” of Kettering’s abandoned rezoning request which
he posted on City of Middletown Manager’s blog.
Kettering Health Network Rezoning Request
https://citymanagermiddletown.com/2017/10/17/kettering-health-network-rezoning-request/" rel="nofollow - October
17, 2017October 17, 2017 https://citymanagermiddletown.com/author/middletowncm/" rel="nofollow - City
Manager Middletown https://citymanagermiddletown.com/2017/10/17/kettering-health-network-rezoning-request/#comments" rel="nofollow - 1
Comment
There’s
been a lot of discussion around town on the benefits and pitfalls of
allowing Kettering Health Network to add overnight beds to their
facility at the old Reyton Inn site at the I-75 Interchange.
Kettering
(KHN) originally came to the city with a plan to build a $30 million
outpatient medical facility that offered an Emergency Room and
outpatient services. As the
project progressed, KHN revisited the original plan and inquired
about adding 8-20 beds for overnight stays in space that wasn’t
otherwise designated. As it stands now, an outpatient stay is
anything less than 23 hours. In order to accommodate that request, a
zone change would have to be sought and approved by Planning
Commission and subsequently, City Council.
That’s right,
our “leaders” have
“intentionally crafted zoning ordinance”(according
to David
Pearce, a former Middletown Regional Hospital board member, said “the
zoning was intentionally crafted with the $300 million hospital as
the key centerpiece/ stakeholder.”)
which split
hairs and make it as difficult as possible for anyone to bring in
good jobs and healthcare for a majority of the citizens. Every other
nearby area would welcome
the opportunity
to have KHN’s jobs, services and
professionals especially
if, like Middletown, Atrium
was their only choice for healthcare.
It would be great to go to a local
doctor or hospital that would accept
our insurance.
The
KHN application for a zoning change went to Planning Commission, and
after a long public hearing, the Planning Commission recommended
denial of KHN’s zoning request to allow the hospital beds
for overnight stays. This had no impact
on the original KHN plans for the facility.
The Planning
Commission (even
after staff recommended approval)
recommended denial of KHN’s
zoning request. I wonder why?
On the MUSA
blog, blogger swohio75
(who seems to be in the know in the city building) says:
“As
I said, staff's recommendation was for approval. Assumption is that
the City's Planner ran this recommendation up through the chain of
command (to Adkins likely) who didn't see an issue with the
recommendation.
The
decision is now in Council's hands. I can't say why Planning
Commission denied, because the Admin has decided that Planning
Commission meetings are not necessary to record and broadcast on
their YouTube channel as had previously been done.”
This
sounds like a complaint from swohio75 that the Planning Commission
meetings are no longer recorded or
easily available for public view.
We need more people to take note that
our
city government is becoming more unapproachable and unresponsive
because more and more government processes are taking place out of
public view. What an invitation to run a muck!!
Do
you know why the Planning Commission meetings are no longer recorded
and broadcast?Adkins’ directive
to discontinue YouTube recording of the
Planning Commission meetings conveniently
keeps
meetings
and discussions hidden from the
citizens. Mr Adkins,
... didn’t
we lose
about
$360,000
which
the cable company paid to
Middletown annually
for their
cable TV monopoly, that
was actually money to
be used for the operation of
Public
Access
Channel
24!!! That
money (according to you) was just a gift
to the city and if any funding
went to Channel
24, it was just out of the goodness
of your heart. In
truth, that money did not belong to the city at all, but was only
for the public access channel.
Adkins closed Channel
24 down, citing
their lack of funds to operate,
funds which the city had confiscated.
Because our
city business is
longer monitored by the public via broadcasting, our
city government has
become even more
unresponsive to the
citizens they were elected to serve.
City council is oblivious to
this, just like they are oblivious to other
city admin methods
of circumventing the
Sunshine Laws!!! “Little”
things like the Sunshine
Laws
mean nothing to Adkins.
After
Planning Commission votes on a proposed zoning change, the matter
comes to City Council to affirm or deny the recommendation of
Planning Commission. Under City Ordinances, there must be a
published notice of public hearing at least 30 days before the matter
can come before City Council for consideration. The
notice was published and the 30 day notice
period meant that the matter would not
come to City Council at the October 3rd meeting, but rather on
Tuesday’s meeting on October 17th.
The
delay was not staff driven, Planning Commission driven, or at the
request of either KHN or Atrium Medical Center. It was simply a
matter of Middletown law which requires that people know about the
proposed change and have 30 days opportunity to express public
opinion, both at the Public Hearing, and also to their City Council
representatives.
Why
did Mr Adkins’ Planning Commission recommend opposing Kettering’s
request?? Mr Adkins
may have had
a lot to do with Planning Commission’s
denial. It seems rather
convenient that he brought up the zoning ordinance amendment
below that requires 4
affirmative votes to overturn Planning
Commission’s recommendation. (He
has total control over these boards and commissions! Remember when
CVB didn’t do exactly as
Adkins wanted??
So, he
forced the entire
board to resign and replaced them with his own puppets; even though
requests
for resignations and appointments
to boards is a function of
council).
The
KHN zoning request was set to come to City Council today. Under
Middletown Ordinances, if City
Council wishes to reverse the recommendation of Planning Commission,
it takes an affirmative vote of four of the five Council members to
overturn Planning Commission’s recommendation.
Four out of five City Council members would need to vote yes to allow
the KHN zoning to be changed to permit hospital beds at the new
facility. City staff recommended to City Council that the
zoning be changed to allow the beds as requested by KHN.
This
is a misquote … the
zoning ordinance amendment does not describe the total number of
council members as 5.
Here’s
the amendment found under
Middletown zoning ordinance which addresses Council’s voting
requirements to overturn a Planning Commission recommendation:
1284.01
of the Middletown
Ordinances
http://library.amlegal.com/nxt/gateway.dll/Ohio/middletown_oh/parttwelveplanningandzoningcode/titlefourzoning/chapter1284amendments?f=templates$fn=default.htm$3.0$vid=amlegal:middletown_oh$anc=JD_1284.01" rel="nofollow - -
CHAPTER
1284: AMENDMENTS
Section
http://library.amlegal.com/nxt/gateway.dll?f=jumplink$jumplink_x=Advanced$jumplink_vpc=first$jumplink_xsl=querylink.xsl$jumplink_sel=title;path;content-type;home-title;item-bookmark$jumplink_d=ohio%28middletown_oh%29$jumplink_q=%5bfield%20folio-destination-name:1284.01%5d$jumplink_md=target-id=JD_1284.01" rel="nofollow - 1284.01 Amendment
to text and map.
http://library.amlegal.com/nxt/gateway.dll?f=jumplink$jumplink_x=Advanced$jumplink_vpc=first$jumplink_xsl=querylink.xsl$jumplink_sel=title;path;content-type;home-title;item-bookmark$jumplink_d=ohio%28middletown_oh%29$jumplink_q=%5bfield%20folio-destination-name:1284.02%5d$jumplink_md=target-id=JD_1284.02" rel="nofollow - 1284.02 Procedure
for amendment.
http://library.amlegal.com/nxt/gateway.dll?f=jumplink$jumplink_x=Advanced$jumplink_vpc=first$jumplink_xsl=querylink.xsl$jumplink_sel=title;path;content-type;home-title;item-bookmark$jumplink_d=ohio%28middletown_oh%29$jumplink_q=%5bfield%20folio-destination-name:1284.03%5d$jumplink_md=target-id=JD_1284.03" rel="nofollow - 1284.03 Application
fee.
CROSS
REFERENCES
Fee
for zone change - see P. & Z. http://library.amlegal.com/nxt/gateway.dll?f=jumplink$jumplink_x=Advanced$jumplink_vpc=first$jumplink_xsl=querylink.xsl$jumplink_sel=title;path;content-type;home-title;item-bookmark$jumplink_d=ohio%28middletown_oh%29$jumplink_q=%5bfield%20folio-destination-name:1286.02%5d$jumplink_md=target-id=JD_1286.02" rel="nofollow - 1286.02
§
1284.01 AMENDMENT OF TEXT AND MAP.
Whenever
the public necessity, convenience, general welfare or good zoning
practice require, the City Council may, by ordinance, after
recommendation by the Planning Commission and subject to the
procedures set forth in this chapter, amend, supplement or change the
regulations, district boundaries or classifications of property, now
or hereafter established by this Zoning Ordinance or any amendments
thereto. No such action shall be taken until the proposed amendment
or change has been submitted to the Planning Commission for approval,
disapproval or suggestions. The Planning Commission shall be allowed
at least 30 days for consideration and report. Any
ordinance which violates, differs from or departs from the
recommendation of the Planning Commission, shall not take effect
unless passed by the
affirmative vote of at least four members
of the City Council.
(Ord.
4886, passed 12-27-1968)
This
amendment was in effect
prior to 2014.
The
number of council members was
reduced (in
2014) to 5
of the
original
7. That
means
that prior to 2014,
the required 4
out of 7 votes (54%)
was a simple majority vote,
not a super majority vote. A
simple majority vote by our current 5 member council would be 3 out
of 5, … not 4 out of 5 …
which would
require an
unheard of 80% majority.
Apparently
Kettering’s rezoning request would have (should
have) been approved.
Mr
Adkins prides himself on being a lawyer, so it’s difficult to
believe that he wasn’t
aware of the
truth of this matter. Not to mention that it appears our law
director, Les Landen was also unaware??? And perhaps our (lawyer)
council member Dan Picard didn’t know either? If
any of them were aware … well … what
would you conclude????
On
Monday, October 16, 2017, around noon, KHN submitted a letter to me
formally withdrawing
their application to rezone the two parcels in question, thereby
abandoning their request to add hospital beds to the new facility.
The KHN zoning requests have been removed from today’s
City Council agenda and they are no
longer under consideration by the City at the request of KHN.
Again,
this does not change the original designs of the facility to offer
Emergency Room services and outpatient services.
There have been
discussions in the community that the city supported or didn’t
support the KHN plan and that the matter was somehow subjectively
being manipulated by City government to get a particular outcome.
This one is by the books folks. Planning Commission made
their recommendation. The city followed the law and standard
procedure to publish notice and offer time for comment. KHN
withdrew their request completely with no input from City
staff. I do not know their business reasons for
withdrawing their request.
So
KHN withdrew their zoning
request, probably thinking
that they were going
lose the council vote. Mr Adkins, if
“this
one is by the books” then we want to
see and read the book. Is it Adkins’
little book of hide the facts, discussions, and meetings? The
city followed a misquote of the Middletown law concerning the 4 votes
required to allow Kettering’s rezoning. Was
that standard procedure too?.
Adkins claims not to know the reasons
that KHN withdrew their request
completely. Kettering, at this point
had talked directly to council members and was
aware of their positions and thought
that the 3
of 5 votes in their favor…supposedly,
would not be enough. …
Mr Adkins, you knew this!! Reportedly,
Mulligan and Moon were against the
request. KHN didn’t know that a
simple majority, 3 of 5 votes,
was all they needed.
If
city hall
insists on
preventing
KHN and
others to bring in
new much needed enterprise which will
promote growth and prosperity in
Middletown, then our
city will
continue to fail while everyone around
us is thriving.
This is rejecting a gift horse that was
a positive in every way. KHN has
ask for no money or tax breaks from the city. If
all of council, the city manager and city staff have to be replaced
to save Middletown, so be it. January
of 2018 may see petitions circulating to recall council, followed
by hiring a new city manager and staff.
There
will be no public hearing on this item or a vote of council tonight.
The request is withdrawn
and done.
I
hope this explains the process and time-line so people can understand
what happened and why.
Yes, Mr Adkins,
we do understand what happened and why! Unfortunately, with your
help Middletown is losing jobs, tax dollars, residents and self
respect. Allowing the good old boys mind set to keep destroying our
city should no longer be tolerated by the citizens.
Hard
to believe that Mr Adkins has not edited out the only comment made.
This and other comments made to Journal News articles indicate
citizen dissatisfaction even to the point of disgust.
One
thought on “Kettering
Health Network Rezoning Request”
-
Dan
jones
https://citymanagermiddletown.com/2017/10/17/kettering-health-network-rezoning-request/#comment-1087" rel="nofollow - October
17, 2017 at 5:12 pm
This
is a huge loss to the people of middletown!! Most who live in this
city cannot afford transportation so they’re forced to go to
atrium for their medical needs. As everyone in this town knows and
as any medical professional will tell you atrium is the worst
hospital in southwest Ohio! It doesn’t effect me I drive to UC
west Chester or Kettering but it hurts the tens of thousands of poor
residents of our city! What would’ve been the big deal of just
giving them the permit? It would’ve meant more tax dollars for the
city and improve the city overall! Thanks for taking the time to
read! Let’s make middletown great again!!!
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------------- "The only thing necessary for the triumph of evil, is for good men to do nothing" Edmond Burke
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