Council Agenda 8-21-2012

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    MIDDLETOWN CITY COUNCIL AGENDA , August 21, 2012 

I. BUSINESS MEETING – 5:30 p.m. – COUNCIL CHAMBERS – LOWER LEVEL 
1. MOMENT OF MEDITATION/PLEDGE OF ALLEGIANCE TO THE FLAG 
2. ROLL CALL 
3. PRESENTATION: Public Safety Levy Campaign Volunteers Certificate of Recognition 
4. CITIZEN COMMENTS 
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: August 7, 2012 
(b) Receive and File Board and Commission Minutes: 
Board of Health and Environment: July 10, 2012 
(c) Layoff/Recall: Timothy Gibson and Brian Lykins- Firefighters - Division of Fire 
(d) Approve Personnel Appointments: Justin McPhillips, Jordan McClellan, Ryan Pennekamp and Jeffrey Kren- Firefighters - Division of Fire 
(e) Accept Resignation: Merrell Wood from Park Board 
7. COUNCIL COMMENTS 

II. LEGISLATION 
1. Ordinance No. O2012-30, an ordinance authorizing the City Manager to enter into a Local Project Authority Agreement with the Ohio Department of Transportation for the widening and reconstruction of a portion of Yankee Road. (2nd Reading) 

2. Resolution No. R2012-23, a resolution authorizing the City Manager to accept a grant and enter into a grant agreement with the Federal Department of Homeland Security and declaring an emergency. 

3. Resolution No. R2012-24, a resolution to make adjustments to appropriations for current expenses and other expenditures of the City of Middletown, Counties of Butler and Warren, State of Ohio, for the period ending December 31, 2012, and declaring an emergency. (General Fund, Water Fund) 

4. Ordinance No. O2012-33, establishing a procedure for and authorizing an amendment to the contract with Demmy Sand and Gravel, LLC for improvements to Yankee Road and declaring an emergency. 

5. Receive and File the Fiscal Officers Certificate in connection with the proposed issue of not to exceed $223,317.83 principal amounts of bonds to pay the property owners portion, in anticipation of the collection of special assessments heretofore levied, of the cost of repairing certain sidewalks, curbs and gutters in the City of Middletown together with all necessary appurtenances(collectively, the Improvement), that the estimated life or period of usefulness of the Improvement is at least five years. 

6. Ordinance No. O2012-34, an ordinance providing for the issuance and sale of not to exceed $223,317.83 bonds to pay the property owners portion, in anticipation of the collection of special assessments heretofore levied, of the cost of repairing certain sidewalks, curbs and gutters in the City of Middletown, together with all necessary appurtenances, and declaring an emergency. 

III. 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) (2) To consider the purchase of property for public purposes, or for the sale of property at competitive bidding, if premature disclosure of information would give an unfair competitive or bargaining advantage; and under the authority of O.R.C. 121.22 (G) (4) Preparing for, conducting, or reviewing negotiations or bargaining sessions with public employees concerning their compensation or other terms and conditions of their employment.

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Vivian Moon Members Profile Send Private Message Find Members Posts Add to Buddy List MUSA Council Joined: May 16 2008 Location: Middletown, Ohi Status: Offline Points: 4187	Post Options Post Reply Quote Vivian Moon Report Post Thanks(0) Quote Reply Topic: Council Agenda 8-21-2012 Posted: Aug 18 2012 at 4:48am
	MIDDLETOWN CITY COUNCIL AGENDA , August 21, 2012 I. BUSINESS MEETING – 5:30 p.m. – COUNCIL CHAMBERS – LOWER LEVEL 1. MOMENT OF MEDITATION/PLEDGE OF ALLEGIANCE TO THE FLAG 2. ROLL CALL 3. PRESENTATION: Public Safety Levy Campaign Volunteers Certificate of Recognition 4. CITIZEN COMMENTS 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: August 7, 2012 (b) Receive and File Board and Commission Minutes: Board of Health and Environment: July 10, 2012 (c) Layoff/Recall: Timothy Gibson and Brian Lykins- Firefighters - Division of Fire (d) Approve Personnel Appointments: Justin McPhillips, Jordan McClellan, Ryan Pennekamp and Jeffrey Kren- Firefighters - Division of Fire (e) Accept Resignation: Merrell Wood from Park Board 7. COUNCIL COMMENTS II. LEGISLATION 1. Ordinance No. O2012-30, an ordinance authorizing the City Manager to enter into a Local Project Authority Agreement with the Ohio Department of Transportation for the widening and reconstruction of a portion of Yankee Road. (2nd Reading) 2. Resolution No. R2012-23, a resolution authorizing the City Manager to accept a grant and enter into a grant agreement with the Federal Department of Homeland Security and declaring an emergency. 3. Resolution No. R2012-24, a resolution to make adjustments to appropriations for current expenses and other expenditures of the City of Middletown, Counties of Butler and Warren, State of Ohio, for the period ending December 31, 2012, and declaring an emergency. (General Fund, Water Fund) 4. Ordinance No. O2012-33, establishing a procedure for and authorizing an amendment to the contract with Demmy Sand and Gravel, LLC for improvements to Yankee Road and declaring an emergency. 5. Receive and File the Fiscal Officers Certificate in connection with the proposed issue of not to exceed $223,317.83 principal amounts of bonds to pay the property owners portion, in anticipation of the collection of special assessments heretofore levied, of the cost of repairing certain sidewalks, curbs and gutters in the City of Middletown together with all necessary appurtenances(collectively, the Improvement), that the estimated life or period of usefulness of the Improvement is at least five years. 6. Ordinance No. O2012-34, an ordinance providing for the issuance and sale of not to exceed $223,317.83 bonds to pay the property owners portion, in anticipation of the collection of special assessments heretofore levied, of the cost of repairing certain sidewalks, curbs and gutters in the City of Middletown, together with all necessary appurtenances, and declaring an emergency. III. 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) (2) To consider the purchase of property for public purposes, or for the sale of property at competitive bidding, if premature disclosure of information would give an unfair competitive or bargaining advantage; and under the authority of O.R.C. 121.22 (G) (4) Preparing for, conducting, or reviewing negotiations or bargaining sessions with public employees concerning their compensation or other terms and conditions of their employment.

spiderjohn Members Profile Send Private Message Find Members Posts Add to Buddy List Prominent MUSA Citizen Joined: Jul 01 2007 Location: United States Status: Offline Points: 2749	Post Options Post Reply Quote spiderjohn Report Post Thanks(0) Quote Reply Posted: Aug 19 2012 at 9:59am
	Looks as if the infamous S Main sidewalk lighting issue returns to center ring of the on-going municipal circus. Any opinions on how this will play out? Seems as if Council will need a 4-1 or 4-0 vote to get this issue decided. Might be hard to do with two Mulligans probably sitting it out. No doubt that the wife and mother will have something to say. Will the city chip in to subsidize the cost increase? If so, the door would be oowned for other neighborhoods to have similar costs subsidized. Since these residents are getting their street paved without cost to them, the burden of these sidewalk lamps should be squarely squarely on their shoulders. They petitioned for these lights, and souls be prepared to back up their request with their own $$. The city has a lot of demo costs forthcoming. Pretty hard to poor-mouth when funding this type of private property extravagance. So--two no votes kill municipal funding. I doubt that AJ will roll over, expecting the same from Josh. How will Anita go? Or will Admin see the writing on the wall, pull the vote, and do it all behind closed doors quietly?

409 Members Profile Send Private Message Find Members Posts Add to Buddy List Prominent MUSA Citizen Joined: Mar 27 2009 Status: Offline Points: 1014	Post Options Post Reply Quote 409 Report Post Thanks(0) Quote Reply Posted: Aug 20 2012 at 11:38pm
	Does anyone know which light fixture is being considered? Downtown there are both single and double fixtures atop the light poles. The doubles would use twice the electric. Gee, I hope I can help pay for this extravaganza! NOT !!!

Vivian Moon Members Profile Send Private Message Find Members Posts Add to Buddy List MUSA Council Joined: May 16 2008 Location: Middletown, Ohi Status: Offline Points: 4187	Post Options Post Reply Quote Vivian Moon Report Post Thanks(0) Quote Reply Posted: Aug 21 2012 at 5:55am
	S T A F F R E P O R T August 14th, 2012 TO: Judy Gilleland, City Manager FROM: Russell Carolus, Finance Director PURPOSE The purpose of this staff report is to explain the Special Assessment Bond Ordinance. This is the final piece of legislation in the special assessment legislative process. BACKGROUND and FINDINGS Each property owner is notified by letter giving them the option of paying their assessment or to finance this obligation thru the city over the next 5 years. The period for payment has passed, and it is now time to finish the special assessment process. The legislation being considered is for the 2011 Sidewalk, Curb, and Gutter program authorized by resolution R2011-05. The final levy for assessment was authorized by ordinance O2012-29. The total being financed will be under $223,317.83 BUDGETARY IMPACT The City is a pass through on this issue and there is no budgetary impact. The property owners will pay their annual assessments and the City will, in turn, pass these payments along to the bondholders. EMERGENCY/NON EMERGENCY This is an emergency ordinance because the assessments, which are prepared after the bonds are sold, must be registered with the Butler and Warren County Auditors by early September. The first assessments cannot be collected in 2013 if this legal deadline is missed. DEPARTMENTAL COPIES Clerk of the City Council Law Department Engineering Department

Vivian Moon Members Profile Send Private Message Find Members Posts Add to Buddy List MUSA Council Joined: May 16 2008 Location: Middletown, Ohi Status: Offline Points: 4187	Post Options Post Reply Quote Vivian Moon Report Post Thanks(0) Quote Reply Posted: Aug 21 2012 at 6:07am
	Please notice that this legislation is for the cost of the Bond for the property owners not to exceed $223,317.83 The last I heard Scott was going to rework the numbers and bring this project back before City Council for more discussion and to present the final cost. When did the final cost of the project go before City Council for a vote? Who will pick up the tab when this job like all the others runs into major problems and doubles in cost?

spiderjohn Members Profile Send Private Message Find Members Posts Add to Buddy List Prominent MUSA Citizen Joined: Jul 01 2007 Location: United States Status: Offline Points: 2749	Post Options Post Reply Quote spiderjohn Report Post Thanks(0) Quote Reply Posted: Aug 21 2012 at 7:36am
	common Council tactic:end discussion of an issue by promising to do reasearch, then return with more info for public + discussion followed up by the item re-surfacing as emergency legislation with no public discussion seen it happen frequently over the years

Vivian Moon Members Profile Send Private Message Find Members Posts Add to Buddy List MUSA Council Joined: May 16 2008 Location: Middletown, Ohi Status: Offline Points: 4187	Post Options Post Reply Quote Vivian Moon Report Post Thanks(0) Quote Reply Posted: Aug 21 2012 at 1:22pm
	Spider How can this legislation go before City Council tonight before the entire cost of this project is voted on by council? I will call council members and request that they address this entire issue before their vote tonight. P.S.....I have sent an email to all council members requesting they provide us with the final cost of this project and when this project was approved my city council.