AGENDA 10-18-2016

MIDDLETOWN CITY COUNCIL AGENDA

TUESDAY, October 18, 2016

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. PRESENTATION- Auditor of State Award with Distinction Joe Braden, Auditor of State’s Office

4. PUBLIC HEARINGS Zone Change Case #1-16: A request by applicant Jeff Faulkner, Trustee requesting approval to re-zone the property located at 2000 Germantown Road, Middletown, Ohio 45042, Parcel ID: Q6511070000021, approximately 14.5064 per the Butler County Auditor from I-1 (Industrial Park District) to C-2 (Roadside Commercial). Zone Change Case #2-16: A request by applicant Jeff Faulkner, Trustee requesting approval to re-zone the property located at 2400 Carmody Boulevard, Middletown, Ohio 45042, Parcel ID: Q6511061000006, approximately 1.9169 per the Butler County Auditor from I-1 (Industrial Park District) to C-2 (Roadside Commercial).

5. CITIZEN COMMENTS, GUESTS, ORGANIZATIONS’ REPORTS

6. CITY MANAGER REPORTS

7. 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 4, 2016

(b) Receive and File Board and Commission Minutes: Park Board- August 1, 2016 Library Board- August 16, 2016 Historic Commission- August 25, 2016 Board of Zoning Appeals- September 7, 2016

(c) Receive and File Oath of Office: Bradley Sorrell

(d) Approve the purchase of 12 sets of firefighting gear from Phoenix Safety Outfitters of Springfield, Ohio, in the amount of $32,328.

COUNCIL COMMENTS

 

LEGISLATION

1. Ordinance No. O2016-36, an ordinance repealing Chapter 418 (Automated Traffic Control Photographic System) of the Codified Ordinances of Middletown. (2nd Reading)

2. Ordinance No. O2016-37, an ordinance authorizing the City Manager to consent to the City of Middletown participating in the Ohio Department of Transportation Bridge Inspection Program. (2nd Reading)

3. Ordinance No. O2016-38, an ordinance establishing a procedure for and authorizing a contract with Civica CMI for public safety software. (2nd Reading)

4. Resolution No. R2016-38, a resolution authorizing the purchase of certain real property, approximately 3.9 acres located on Hook Dr., and declaring an emergency.

5. Ordinance No. O2016-39, an ordinance changing the zoning classification for approximately 14.5064 acres of land located at 2000 Germantown Road and approximately 1.9169 acres of land located at 2400 Carmody Boulevard to a C-2 (Roadside Commercial District). (1st Reading)

6. Ordinance No. O2016-40, an ordinance establishing pay ranges, pay policy and benefits for various salaried and hourly classifications within the service of the City. (1st Reading)

7. Ordinance NO. O2016-41, an ordinance establishing pay ranges and certain benefits for employee classifications in the Middletown Department of Health and Environment. (1st Reading)

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.

S T A F F R E P O R T

For the Business Meeting of October 18, 2016 October 3, 2016

TO: Douglas Adkins, City Manager

FROM: Jennifer Ekey, Economic Development Director Prepared by Matt Eisenbraun, Economic Development Asst. Director

PURPOSE To authorize the City Manager to enter into a contract for the purchase of property owned by DJP Enterprises located on Hook Dr, and appropriate $100,000 from the following funds:

499.990.52480 ($50,000) Property Development

220.671.54520 ($12,500) General CIP

415.811.54501 ($12,500) Storm Water CIP

494.631.54530 ($12,500) Water CIP

495.631.54540 ($12,500) Sewer CIP

The assessed value of parcel number Q6511026000021 is listed by the County Auditor as $28,670.

BACKGROUND and FINDINGS The property purchase is being undertaken in order to provide a public entry point for employees, visitors, and underground utilities to the western areas of Middletown Regional Airport. Developing the western areas of the airport is part of the strategic development plan for the airport and also fits within the City’s plans for financially stability through job creation. A separate entry point for the companies that will locate on the western side of the airport fits within the security and safety protocols of the Federal Aviation Administration and will also support the development of Hook Business Park and properties along Carmody Dr. The property has received a Phase I Environmental Assessment and no potential environmental hazards were identified. The offer has been verbally accepted by the seller. The balance of the unused property can be sold, used as part of an incentive package, and or used by the City for internal needs.

Purchase of Property Hook Dr.

ALTERNATIVES The alternative would be to not approve the contract and appropriation of the funding. The site is currently vacant and is the on the market for development.

FINANCIAL IMPACT The purchase price of $100,000 will come from Economic Development Property Maintenance ($50,000) and Capital Improvement Plan ($50,000).

EMERGENCY/NON EMERGENCY Emergency – Current owner is leaving town for several months and would like to finalize before he departs. DEPARTMENTAL CLEARANCES Law Department Finance Department

ATTACHMENT Aerial View Term Sheet

OK
Appraised @ $28k
"We" pay close to $100k and raid misc funds for that much?
And an entitled downtown enabler or "friend of council/admin" probably gets it for $1 + rehab $$$?

Things never change.....

When will admin hold accountable those with 5th/3rd, Rose, Manchester, old library etc?
Me.coon has yet to do anything for us IMO other than take property and $$

PARID: Q6511026000021 DJP ENTERPRISES LLC HOOK DR

Taxyr Land Value Building Value Total Appraised Value Land (35%) Building (35%) 35% Total Assessed CAUV 2015 $81,900 $0 $81,900 $28,670 $0 $28,670 $0 2014 $81,900 $0 $81,900 $28,670 $0 $28,670 $0 2013 $81,900 $0 $81,900 $28,670 $0 $28,670 $0 2012 $81,900 $0 $81,900 $28,670 $0 $28,670 $0 2011 $81,900 $0 $81,900 $28,670 $0 $28,670 $0 2010 $81,900 $0 $81,900 $28,670 $0 $28,670 $0 2009 $81,900 $0 $81,900 $28,670 $0 $28,670 $0 2008 $81,900 $0 $81,900 $28,670 $0 $28,670 $0 2007 $81,900 $0 $81,900 $28,670 $0 $28,670 $0 2006 $81,900 $0 $81,900 $28,670 $0 $28,670 $0 2005 $81,900 $0 $81,900 $28,670 $0 $28,670 $0

PARID: Q6511026000021 DJP ENTERPRISES LLC HOOK DR

Tax Year Action Code Date Project # 1st Half 2nd half Prior Year 2015 PAY CHG 15-AUG-16 0.00 -1,063.00 .00 2015 PAY SAC 15-AUG-16 51900 0.00 -70.96 .00 2015 PAY SAC 15-AUG-16 51902 0.00 -23.22 .00 2015 PAY SAC 15-AUG-16 93565 0.00 -212.46 .00 2015 PAY CHG 02-MAR-16 -1,063.00 0.00 .00 2015 PAY SAC 02-MAR-16 51900 -70.96 0.00 .00 2015 PAY SAC 02-MAR-16 51902 -23.22 0.00 .00 2015 PAY SAC 02-MAR-16 93565 -212.46 0.00 .00 2015 DUP ADJ 13-JAN-16 1,063.00 1,063.00 .00 2015 DUP SAC 13-JAN-16 51900 70.96 70.96 .00 2015 DUP SAC 13-JAN-16 51902 23.22 23.22 .00 2015 DUP SAC 13-JAN-16 93565 212.46 212.46 .00 Total: 0.00 0.00 .00

Spider
The WATER BILL has become a SLUSH FUND.
City Hall wants to add $10 a month to our water bill so we can pay for the seperation of sewers and new water lines

We are purchasing the property to get access to the west side of the airport for development of about 15 additional acres on the airport grounds. Right now it is landlocked and can't be developed.

The only reason it is being purchased is to provide access for road construction and the addition of water, sewer and storm water sewer infrastructure to the area. Because we are purchasing it for that purpose, it is completely appropriate to utilize those funds for that purchase.

I know you all are often looking for all the illegal things you think we are doing. Look at the presentation on tonight's agenda at number 3. The State Auditor is giving us an award with distinction because our books are so clean and well documented. No unauthorized or even questionable costs found after an extensive state audit.

If you want to make the argument that policy-wise, this is a bad idea, that is a logical argument. I disagree with that argument because I think we should be utilizing these funds for the addition of infrastructure that allows further development and new jobs in the city.

I'll remind you all again that every new business built at the airport and on the east end not only brings new jobs and income tax, but they also pay water and sewer fees that allows us to spread the coming large costs over more users.

We haven't hidden the ball here. City Council has been in the loop on this one for several months. This is consistent with economic development goals and the airport plan.

There's nothing illegal or unethical at all in this purchase. Again, if you believe it is a bad idea, that is different than being illegal or unethical.

Mr. Adkins
Please provide several examples where Enterprise Funds have been used to purchase property in recent years.

Doug I am more curious about the detail provide in the staff report on the Faulkner property which references a long term strategic plan for the airport to expand into Smith Park.

There are no lawsuits before the court regarding MPHA.

Being a watchdog is one thing. Stating false facts is another. When we saw that Moving Ohio Forward could not use HUD funds as a match, I looked for ways to get things done within the regulations of both programs. We were going to buy a fire engine that year with General Fund money. HUD funds may be used to purchase public safety equipment.

I called HUD and asked if I could buy the fire engine under the appropriate regulation and then told them that my intent was to free up general fund money for the match for Moving Ohio Forward. HUD said they were only responsible for the use of HUD funds and that as long as the HUD funds purchased the fire engine, which was a legal purchase, they considered the matter closed.

I then called Moving Ohio Forward and told them I was buying a fire engine with HUD funds to free up General Fund money to meet the match requirement for their grant. I asked if they had any concerns about that. They said as long as the match comes out of a non-HUD account, they weren't concerned with how the money got into the proper account.

We bought the fire engine with HUD funds, used the GF fire engine money as the match for Moving Ohio Forward and got on with life. Both programs have been audited and were found to be in compliance with the regulations and grant requirements.

I don't hide the ball. I tell you what I'm going to do up front. I told them what I was doing up front. Our budgets are online. Our quarterly reports are online. Our checkbook is online.

Ask yourself this question... do you think I would knowingly put the salary I am making and my law license in jeopardy by doing illegal, unethical or financially inappropriate things? What is the upside for me doing that? That is simply not going to happen.

If you don't like the policy or decision, that is a legitimate discussion. Intelligent people often disagree about a correct course of action. That's completely different from being illegal, unethical or financially inappropriate.

Mr.A, I like you, trust you and want to believe in your direction.