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Agenda 11-06-2012

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    Posted: Nov 06 2012 at 8:20am

MIDDLETOWN CITY COUNCIL AGENDA , November 6, 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. CITIZEN COMMENTS

4. CITY MANAGER REPORTS

Long Term Plan Update

 

5. 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: October 16, 2012

(b) Receive and File Board and Commission Minutes:

Airport Commission- September 5, 2012

Middletown Cemetery Board - September 19, 2012

Tree Commission-September 26, 2012 and October 25, 2012

Park Board- October 1, 2012

Middletown Public Housing Agency- October 16, 2012

(c) Confirm Personnel Transactions - Appointments:

Robert Blake - Maintenance Worker, Division of Sewer Maintenance

Janine Fitzpatrick - Part-time Building Cleaner in the Division of Police

(d) Receive and File Oaths of Office:

Kayla Carle

Kyle Daasch

Brandon Highley

(e) Proclamation: Veterans Day 2012

6. MOTION AGENDA

(a) Approve a settlement and mutual release between the City of Middletown and

Al Neyer, Inc. regarding contracts related to the development of portions of the City of Middletown east of Interstate 75.

(b) Receive and file a Maintenance Bond submitted by Fischer Development Co. II, Inc. guaranteeing public improvements constructed as part of Renaissance 2 Section 1 Subdivision.

7. COUNCIL COMMENTS

II. LEGISLATION

1. Ordinance No. O2012-42, an ordinance authorizing a contract with FYDA Freightliner, Inc., for the purchase of a truck chassis for a water maintenance truck. (2nd Reading)

 

2. Ordinance No. O2012-43, an ordinance establishing a procedure for and authorizing a contract with Ace Body, Inc. for the purchase of a truck body for a water maintenance truck. (2nd Reading)

Middletown City Council Agenda November 6, 2012

3. Ordinance No. O2012-44, an ordinance establishing a procedure for and authorizing an amendment to the contract with ATC Associates for remediation of the Miami Packaging Building, and declaring an emergency.

 

4. Ordinance No. O2012-45, an ordinance establishing a procedure for and authorizing an amendment to the contract with AST Environmental for remediation of the Miami Packaging Building, and declaring an emergency.

 

5. Ordinance No. O2012-46, an ordinance authorizing a collective bargaining agreement with the Fraternal Order of Police Lodge #36, (Patrol Officers) for the years November 1, 2012 through October 31, 2015, and declaring an emergency.

 

6. Ordinance No. O2012-47, an ordinance authorizing a collective bargaining agreement with the Fraternal Order of Police Lodge #36, (Sergeants & Lieutenants) for the years November 1, 2012 through October 31, 2015, and declaring an emergency.

 

7. Ordinance No. O2012-48, an ordinance establishing a procedure for and authorizing contract with Harrell’s for the purchase of golf course chemicals and declaring an emergency.

 

8. Ordinance No. O2012-49, an ordinance establishing a procedure for and authorizing a professional services contract with Brown and Caldwell for the purpose of providing engineering services related to the Long Term Control Plan and declaring an emergency. (No action requested until November 20, 2012)

 

9. Ordinance No. O2012-50, an ordinance establishing a procedure for and authorizing a contract with Building Crafts for improvements to the Wastewater Treatment Plant. (1st Reading)

 

10.Ordinance No. O2012-51, an ordinance establishing pay ranges and certain benefits for employee classifications in the Municipal Court. (1st Reading)

 

11.Ordinance No. O2012-52, an ordinance establishing pay ranges, pay policy and benefits for various salaried and hourly classifications within the service of the City. (1st Reading)

 

12.Ordinance No. O2012-53, an ordinance establishing a procedure for and authorizing a contract between the City and the Arts Central Foundation for the transfer of City owned property. (1st Reading)

 

13.Ordinance No. O2012-54, an ordinance establishing a procedure for and authorizing a contract with Thyssen Krupp Elevators for the modernization of the elevators in the City Building. (1st Reading)

 

14.Ordinance No. O2012-55, an ordinance to change the name of a portion of DuBois Ct. to Emell Way. (1st Reading)

 

15.Ordinance No. O2012-56, an ordinance authorizing a contract with Anthem for Administration of the City’s employee health coverage. (1st Reading)

Middletown City Council Agenda November 6, 2012

16.Ordinance No. O2012-57, an ordinance authorizing a contract with Eyemed for administration of the City’s employee eye care coverage. (1st Reading)

 

17.Ordinance No. O2012-58, an ordinance authorizing a contract with Metlife for administration of the City’s employee dental coverage. (1st Reading)

 

18.Resolution No. R2012-30, a resolution authorizing the City Manager to enter into a grant agreement with the Ohio Development Services Agency. (1st Reading)

 

19.Resolution No. R2012-31, 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. (Employee Benefits Fund) (1st Reading)

 

20.Resolution No. R2012-32, 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. (Appropriations Transfer- Income Tax Fund and General Fund) (1st Reading)


21.Resolution No. R2012-33, a resolution to make 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, 2013. (Annual Budget – 2013) (1st
Reading)

 

22.Resolution No. R2012-34, a resolution authorizing the filing of an application with the Department of transportation, United States of America, for a grant under the Federal Transit Administration Act of 1991, as amended. (1st Reading)

 

23.Resolution No. R2012-35, a resolution authorizing the filing of applications for CY 2013 with the Ohio Department of Transportation for grants under the Ohio Public Transportation Grant Program. (1st Reading)

 

24.Resolution No. R2012-36, a resolution to release a performance bond submitted by Fischer Development Co. II, Inc. for public improvements as part of Renaissance 2 Section 1. (1st Reading)

 

III. EXECUTIVE SESSION

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.

It is the policy of the City of Middletown to make all public hearings and 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

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1. Ordinance No. O2012-42, an ordinance authorizing a contract with FYDA Freightliner, Inc., for the purchase of a truck chassis for a water maintenance truck. (2nd Reading)

2. Ordinance No. O2012-43, an ordinance establishing a procedure for and authorizing a contract with Ace Body, Inc. for the purchase of a truck body for a water maintenance truck. (2nd Reading)

7. Ordinance No. O2012-48, an ordinance establishing a procedure for and authorizing contract with Harrell’s for the purchase of golf course chemicals and declaring an emergency

8. Ordinance No. O2012-49, an ordinance establishing a procedure for and authorizing a professional services contract with Brown and Caldwell for the purpose of providing engineering services related to the Long Term Control Plan and declaring an emergency. (No action requested until November 20, 2012)

9. Ordinance No. O2012-50, an ordinance establishing a procedure for and authorizing a contract with Building Crafts for improvements to the Wastewater Treatment Plant. (1st Reading)

ANYONE KNOW HOW MANY BIDS THEY GET FOR THIS TYPE OF SITUATION OR DO THEY JUST ACCEPT THE FIRST SUPPLIER THEY CALL?

5. Ordinance No. O2012-46, an ordinance authorizing a collective bargaining agreement with the Fraternal Order of Police Lodge #36, (Patrol Officers) for the years November 1, 2012 through October 31, 2015, and declaring an emergency.

6. Ordinance No. O2012-47, an ordinance authorizing a collective bargaining agreement with the Fraternal Order of Police Lodge #36, (Sergeants & Lieutenants) for the years November 1, 2012 through October 31, 2015, and declaring an emergency

AHH, STATE BILL 5 DEFEAT IN ACTION. GET OUT THE WALLETS CITY OFFICIALS. IT'S A COMIN'. NEGOTIATIONS FOR THREE YEARS IN THE FUTURE, NOT ANNUALLY AFTER A PERFORMANCE APPRAISAL AND THE WORK HAS BEEN DONE. INCREDIBLE.
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 Mike_Presta Quote  Post ReplyReply Direct Link To This Post Posted: Nov 06 2012 at 5:37pm

Interesting stuff on the agenda tonight!!!  The City Manager is giving herself a 5% raise via Legislative Item 11:

“Upon obtaining her fifth anniversary, the City Manager will receive longevity pay each year in an amount equal to three percent (3%) of her base salary.”

“Upon obtaining five years of service, the City Manager will receive twenty-seven (27) days of vacation. Previously, this amount was twenty-two (22) days.”  (Up to five days of vacation each year can be “cashed in”.  Five days—one week—equals 2%.)

City will now be “paying” (via a “stipend”) employees (“fellows”) to live downtown, also via Legislative Item 11.  Someone will have to explain this to me.  According to City Hall, The Middletown Journal, and some of the posters on this forum downtown Middletown is so wonderful that people should be willing to pay a premium to live there!!!  Why should we taxpayers have to BRIBE them to do so???

We will be spending an extra $90,000 in wages and benefits on a study to prove that downtown needs a hotel and convention center:  via Legislative Item 20.  (It seems that there is a “lack of awareness of the demand”, or, in other words: “we just don’t realize that we need this, so we must pay someone to make up some excuses!”)
“Mulligan said he ... doesn’t believe they necessarily make the return on investment necessary to keep funding them.” …The Middletown Journal, January 30, 2012
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Post Options Post Options   Thanks (0) Thanks(0)   Quote VietVet Quote  Post ReplyReply Direct Link To This Post Posted: Nov 06 2012 at 7:33pm
Mercy, 27 days of vacation after only 5 years of service? Gotta work alot longer in private industry than that for 27 days off. Some places never give 27 days no matter how many years you have in. Most employers, for five years, will give you 10 days vacation. Gotta have 10 years in to get 15 days. Ahh, public service. The land of milk and honey as you ride that gravy train.
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 TonyB Quote  Post ReplyReply Direct Link To This Post Posted: Nov 06 2012 at 8:58pm
I got 30 days of vacation when I joined the Army. While the pay and benefits increased, my leave time never did; 30 days every year. Somehow, I didn't feel like I was riding the gravy train in the land of milk and honey while in public service.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Mike_Presta Quote  Post ReplyReply Direct Link To This Post Posted: Nov 06 2012 at 10:18pm
No one questioned the City Manager's 5% raise at all.
 
There was a brief discussion about the "fellows' stipend" to live downtown, but not why it was necessary.  The discussion was to limit it to $500 per month.  Why must we taxpayers BRIBE these "fellows" to the tune of $500 per month to get them to live in what City Hall consistently describes as the most desirable, booming part of our city???
“Mulligan said he ... doesn’t believe they necessarily make the return on investment necessary to keep funding them.” …The Middletown Journal, January 30, 2012
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Post Options Post Options   Thanks (0) Thanks(0)   Quote digger-2 Quote  Post ReplyReply Direct Link To This Post Posted: Nov 06 2012 at 10:54pm
Now that it appears Hussein Obama has been re-elected, it's more doubtful that HUD will take Doug Atkins plans to reduce S8 seriously.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote VietVet Quote  Post ReplyReply Direct Link To This Post Posted: Nov 07 2012 at 5:58am
Originally posted by TonyB TonyB wrote:

I got 30 days of vacation when I joined the Army. While the pay and benefits increased, my leave time never did; 30 days every year. Somehow, I didn't feel like I was riding the gravy train in the land of milk and honey while in public service.



I also received 30 days right out of the gate in the 4 years I was in the service. Seemed a tad bit generous when I was in to get a month off just for serving 11 months. Fast forward from 1972 when I got out and, Tony B, I still think it's a bit overboard to give someone a month off after working 11 months. Ya just don't accrue vacation days that fast out here in civilian land......except, perhaps, with the city manager at One Donham Plaza, that is. Yeah, still stand by my comment on the gravy train/milk and honey thing Tony.
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 VietVet Quote  Post ReplyReply Direct Link To This Post Posted: Nov 07 2012 at 6:06am
Originally posted by Mike_Presta Mike_Presta wrote:



No one questioned the City Manager's 5% raise at all.
 
There was a brief discussion about the "fellows' stipend" to live downtown, but not why it was necessary.  The discussion was to limit it to $500 per month.  Why must we taxpayers BRIBE these "fellows" to the tune of $500 per month to get them to live in what City Hall consistently describes as the most desirable, booming part of our city???


It just ain't right Mike. It's bad enough that we taxpayers have to be insulted footing the bill for the bloated salaries we pay some of these public sector clowns. Now, we get hit in the mouth again by potentially footing the bill for these same clowns to live in the downtown area? Public lynchings are justified if this is put into place.
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 Pacman Quote  Post ReplyReply Direct Link To This Post Posted: Nov 07 2012 at 7:27pm
Mike,

When the East end was hot and heavy with developers, I talked to some of them on a regular basis and one of them wanted to build a hotel with a convention/meeting center attached. Also wanted a gas station on the property.  They were hot and heavy about it for quite awhile until they became soo tire of working with the city they gave up on it.

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Post Options Post Options   Thanks (0) Thanks(0)   Quote Pacman Quote  Post ReplyReply Direct Link To This Post Posted: Nov 07 2012 at 7:36pm
Folks the only way this is going to change is if some of us on this board take the time effort and some money to address the most important agenda items from each council meeting and explain these issues from a taxpayers point of view. 

the majority of the citizens of Middletown are not informed and won't be unless someone informs them.  This can be done via email for a reasonable amount of $$ the first month and for a lesser amount of $$ each month after that.   This would also mean that some of us who wish to express their points of view tone down the reteric.  All this will take team work from posters on this board, but at this time we can not even get more than 2 people to agree to put forth the effort.

You will not change the city's ideas without a serious change in city coucil and city management.  This will take money on the part of the citizens interested in a change.

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Post Options Post Options   Thanks (0) Thanks(0)   Quote Stanky Quote  Post ReplyReply Direct Link To This Post Posted: Nov 07 2012 at 7:43pm
The obvious grand plan is to somehow turn this newfound "demand" for downtown living into a plan to renovate the Manchester into lofts/condos.

As for a convention center, if it isn't right off I-75 near Atrium then it will be an abysmal failure.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Pacman Quote  Post ReplyReply Direct Link To This Post Posted: Nov 07 2012 at 7:45pm
Stanky,

Did you read my post above??

The developer I spoke to wanted to build a convention center off I75 feeding off Atrium.  He grew tired of waiting on the City.

PacmanCool
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Post Options Post Options   Thanks (0) Thanks(0)   Quote middleman Quote  Post ReplyReply Direct Link To This Post Posted: Nov 07 2012 at 8:44pm
I know for a fact that at 5 years a regular joe that works for the city gets 10 days off;  12 days from 5-10 years.  Way to lead by example Judy, tell your employees that the city has to tighten the belt for the good of the city.  Some folks in the city have not had a pay raise since 08.  Do as I say, not as I do.  Complete lack of leadership.   27 days off.  Wow
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Pacman Quote  Post ReplyReply Direct Link To This Post Posted: Nov 07 2012 at 8:58pm
That's our leadership
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Post Options Post Options   Thanks (0) Thanks(0)   Quote rngrmed Quote  Post ReplyReply Direct Link To This Post Posted: Nov 07 2012 at 9:14pm
well at least we know why we can't afford to have our roads paved, sewers and drainage fixed and police and fire protection.

Good to know that paying someone to live in downtown apts is more important.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Mike_Presta Quote  Post ReplyReply Direct Link To This Post Posted: Nov 07 2012 at 11:27pm
Here's something else to consider:  Exactly where will these "fellows" find places to live "downtown"???
 
Preppy-type "fellows" will likely want up-scale digs.  Where will they find them downtown???
 
Could it be that a "friend of City Hall" is considering some sort of trendy development in our artsy, booming, former downtown area, and City Hall is trying to guarantee that there will be artsy young professionals anxious to rent a trendy pad using their $500 taxpayer SUBSIDY to offset the high rent???
 
 
“Mulligan said he ... doesn’t believe they necessarily make the return on investment necessary to keep funding them.” …The Middletown Journal, January 30, 2012
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Post Options Post Options   Thanks (0) Thanks(0)   Quote VietVet Quote  Post ReplyReply Direct Link To This Post Posted: Nov 08 2012 at 6:39am
Wow, the culture team really has made some progress. Coffee shops, finger food, specialty sandwich shops, an arts mecca, the PAC, Beau Verre anchor, new facades, possibly a renovated Sorg Opera House, new trendy, preppie, professionals only housing WITH a $500 lure to boot! It's all coming together for them down there. Might need to move the Weds. Bash up towards the railroad tracks and train station though. Draws regular people listening to raucous, uncultured, renegade type music and we can't have that contaminating the cultural environment. String quartets only, similar to the group playing on the deck of the Titanic.

If we can just keep the commoners from entering the Culture Zone, creating a headache for the S. Main St. people and threatening their property protecting program (PPP). We need to also maintain a safe perimeter from a Section 8 invasion down there. Wouldn't like to see your average working people down there either, nor those not considered "culturally sound". Why, that would ruin the image of this city if we let just anyone in this area.

Yessir. They are on the way from taking this town (at least this area) from a blue collar, lower middle to middle class town and going upscale Broadway. Great planning, vision and execution city leaders. Bright past.....brighter future. Don't need to go to Times Square when you will have a scaled-down version of it right here when they are finished. And just think. Most of what you see, you paid for! The PAC purchase. The Thatcher/CS buildings, the loan to Beau Verre. The vacant buildings, the buildings purchased and given away. The $65,000 given to the MMF'ers for the Sorg at one time. Isn't that great?
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 Vivian Moon Quote  Post ReplyReply Direct Link To This Post Posted: Nov 08 2012 at 9:24am
The $65,000 given to the MMF'ers for the Sorg at one time. Isn't that great?
Vet
I heard that the MMF's offered to give the money back since they could not purchase the Sorg but Miss Judy told them to keep it.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote VietVet Quote  Post ReplyReply Direct Link To This Post Posted: Nov 08 2012 at 9:55am
Originally posted by Vivian Moon Vivian Moon wrote:

The $65,000 given to the MMF'ers for the Sorg at one time. Isn't that great?
Vet
I heard that the MMF's offered to give the money back since they could not purchase the Sorg but Miss Judy told them to keep it.


That's funny Viv. Seems I read a story this morning in the Journal where the fire/police negotiations were for 0% raise amounts for the first two years of a three year contract because of the financial condition of the city. Now, you hear where Gilleland told the MMF'ers to keep the $65,000 of taxpayer money given to them???? What?

Now.....if the city can tell them to keep the money, the city must not be hurting for cash. If that's the case, we all ought to quit paying our water bill and our income taxes, right.....you know.....'cause they've indicated they are not cash poor anymore.
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 Vivian Moon Quote  Post ReplyReply Direct Link To This Post Posted: Nov 08 2012 at 3:15pm
Vet
It was just one year ago that Bill Becker told us that the city was going broke however the money just keeps flowing into "THEIR DOWNTOWN" with more spending again next year on this area.
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