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Thoughts on the 4/21 council meeting

Printed From: MiddletownUSA.com
Category: Middletown City Government
Forum Name: City Council
Forum Description: Discuss individual members and council as a legislative body.
URL: http://www.middletownusa.com/forum/forum_posts.asp?TID=1233
Printed Date: Nov 22 2024 at 8:34am


Topic: Thoughts on the 4/21 council meeting
Posted By: Mike_Presta
Subject: Thoughts on the 4/21 council meeting
Date Posted: Apr 21 2009 at 8:37pm

At a party over the weekend, I had a short discussion with Tony Marconi.

(NOTE: this was NOT a “prearranged discussion of the public business” and there was not a “majority” of the city council in attendance--not even in the next booth, so we were not in violation of Ohio’s “Sunshine Law”!)
Mr. Marconi asked me: “When are you going to write something good about me?” I responded: “When are you going to do something good for me to write about?”

Well, here it is, just three days later, and I can report that Tony “done good!”

Marconi was right to ask question about the “land banking” of abandoned property.  He is certainly correct that the source of funding for such a venture is not clear, but did he go far enough???

Here is my concern on the subject:

Will WE, THE PEOPLE, pay to “clear up all the issues” (environmental, demolition, etc.) only to have Madcow and his pals at City Hall make some backroom, sweetheart deal with a buddy to buy the remediated land for a song???

And don’t say that it can’t happen!!! That is what appears to exactly what happened with the old hospital site.



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“Mulligan said he ... doesn’t believe they necessarily make the return on investment necessary to keep funding them.” …The Middletown Journal, January 30, 2012



Replies:
Posted By: Mike_Presta
Date Posted: Apr 21 2009 at 8:58pm
I found it intersting that Ms. Scott-Jones found it proper for her to recuse herself from discussions about the Time Warner/TVMiddletown legislation, since she sits on the TVMiddletown Board of Directors.  I applaud her for doing the right thing!!!  After all, City Council decides upon and appropriates the bulk of the funds for TVMiddletown.
 
However, isn't the situation exactly the same for every other municipal board and commission upon which city council members sit???  Aren't the parks, Weatherwax, the tree commission, the airport, and all of the other similar boards or commissions reliant on city council for funding to at least some degree (if not all) every year???
 
So why should City Council members be able to steer, and in some cases BULLY, these other municipal boards and commissions in the directions that they want, and then legislate, and lobby for the passage of appropriations and resolutions and ordinances at the City Council level??
 
As with the TVMiddletown/City council situation, these others are OBVIOUS, no-brainer conflicts of interest!!!


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“Mulligan said he ... doesn’t believe they necessarily make the return on investment necessary to keep funding them.” …The Middletown Journal, January 30, 2012


Posted By: Mike_Presta
Date Posted: Apr 21 2009 at 9:06pm
Yes, folks, it is time for Honest Dave to step down.
 
He tried to share his wisdom, and prove his careful oversight of our city's cash by trying to make sure that our fair city won't improve streets or roads in Monroe unless Monroe helps to pay for it.
 
Of course, Dave still has the mindset that he can do whatever he wants.
 
Here's a thought, Dave:  Middletown can no more go into the city limits of Monroe and start doing road work, than Monroe can come into Middletown and start doing roadwork!!!
 
YOU don't have any authority in Monroe, Dave!!! (Even if you did have that little business enterprise down there years ago.)


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“Mulligan said he ... doesn’t believe they necessarily make the return on investment necessary to keep funding them.” …The Middletown Journal, January 30, 2012


Posted By: Mike_Presta
Date Posted: Apr 21 2009 at 9:09pm
Did anyone else read the minutes of the Housing Subcommittee meeting that were included in tonight's council woorkbook?
 
Any comments, if you did?


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“Mulligan said he ... doesn’t believe they necessarily make the return on investment necessary to keep funding them.” …The Middletown Journal, January 30, 2012


Posted By: Pacman
Date Posted: Apr 21 2009 at 11:18pm
What did the City get themselves into and who the hell is running the program?  Appears Joseph and crew are calling the shots and Schiavone is sitting there with his mouth wide open..........saying huh?  It would appear the City has opened a whole new can of worms with Section 8. I wouldn't be surprised if we don't see any cuts in the 1662 as there has been very little mention of it anywhere.
 
"Mr. Joseph stated CONSOC will have a contract that will dictate that they will do the work that is defined in the Administrative Plan. That plan is a living document that can be amended or revised occasionally.  The policies are in that Administrative Plan. There are certain activities of the program that the city cannot change, such as rent reasonableness, etc. Then there are local policies that can be in the plan.  One huge local policy deals with residents have preference. There are things that can be tweaked by changing priorities in the policy. There are certain priorities for home ownership, if you want to focus on certain areas for housing, etc. You cannot steer where a person dwells, but you can select an area and focus on just code enforcement and target neighborhoods and areas to complement certain things being considered by the City."
 
I particulary like this one,  this comment followed the above by Joseph:

"Mr. Adkins said Mr. Joseph was right on the mark. The City has not used Section 8 to the best possible advantage."

I can see Schiavone's jaw hitting the floor on this one:
 
"Mr. Schiavone asked about legal fees and whether they are paid from the contract.

Mr. Joseph responded the City makes the policy. Under the new contract, the city has to provide a provision to hold CONSOC harmless or put them under the City’s insurance policy umbrella."

I still say Council should have taken Mr. Chapman's and the City Managers recommendation and dumped this whole mess onto Butler and Warren County.  But then we wouldn't have had Marconi so happy tonight that the City got a whole 2% more out of the Admin fee for the City.  Doesn't take much to make him happy.
 
Page 41 at the link below for te whole meeting minutes.
 
http://www.cityofmiddletown.org/docs/council/4212009_w.pdf - http://www.cityofmiddletown.org/docs/council/4212009_w.pdf

 



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When the people fear their government, there is tyranny; when the government fears the people, there is liberty.

Thomas Jefferson


Posted By: Mike_Presta
Date Posted: Apr 22 2009 at 2:57am

Pacman: I agree with your conclusions, both within and as stated at the end of your post.

However, I guess that I am more cynical than you are: This meeting took place on April 3rd, during the time that Ms. Gilleland was supposedly still in negotiations with CONSOC for a new contract. Although she wasn’t listed as an attendee, the minutes state that:

B. Section 8 updates – Ms. Gilleland reported on staff’s meeting this week with CONSOC.”

In fact, it appears that a good portion of the meeting was about the negotiations with CONSOC, and is just one more case of the council meddling in the City Manager’s business.  Also in attendance and participating, although not listed as attending, were Harrison Joseph, Sr., Harrison Joseph, Jr., and Sandra Joseph.

The other significant item, at least in my mind, is the myriad of items discussed. Just to name a few:

1) Paint and landscaping to refurbish the Community Center.

3) Abatement Fund legislation to Law Department for review. (Columbus has a very good model ordinance. They create a separate fund where all nuisance type complaints are listed. When court fines are assessed, those fines are rolled back into those funds. Discussion regarding fine structure and if we are competitive with other communities in the amount of fines levied)

4) Police gathering latest crime data by neighborhood.

5) Met with Middletown Board of Realtors – they are gathering latest real estate data by neighborhood.

6) Met with Dan Tracy – he is providing data he says is different than the numbers I have found in-house. Will compare and verify data.

11) Met with Transit and set goal of having $100,000 deficit for 2010.

12) Met with Weatherwax staff to discuss options and ways to increase the number or rounds played this season.

a. Golf Commission reviewing options/gathering information.

b. Rate survey of nearby courses.

13) Developing plan to have all existing Dollar Homes out of our inventory by year end. Plan is to demolish 4, rehab 2. (there are six in our inventory)

14) Working the process to demolish additional 12 existing condemned properties. Will demolish as soon as the proper procedures are finished.

15) Marie Edwards is working on Diversity training for entire city staff.

16) Attended “Flip This Town” premier with TV Middletown. Have been invited to speak on TV Middletown about City revitalization activities.

17) Attended Place Matters meeting Monday night to observe how their efforts may compliment city activities.

18) Met with Russ to review budgets and expenditures year to date.

22) Code Enforcement:

a. 2300 letters sent to properties in violation.

b. Phones busy but very little negative feedback. (Phone are rolling, there are up to five persons to answer phone calls)

c. List of Middletown partnering businesses on City website by mid-April.

d. FAQ being developed to add to Code Enforcement on website.

e. Obtaining 2009 IPMC for implementation in Middletown. Currently using 2003 Edition.

f. Concentration March to May – residential with minimal commercial. Dealing with 2300

letters and incoming nuisance complaints

g. Will take more active role in commercial in May – part time inspector and shift of existing inspectors time to commercial.

So, perhaps I am dense, but I fail to see how things like the transit budget, Weatherwax woes, crime data, the Community Center, diversity training for the entire city staff, the city budget, and commercial building inspections can be the proper subjects of discussion of this “HOUSING” subcommittee!

Also, there was not an ordinary citizen to be found anywhere near this meeting.

Lastly, there was the last item in the meeting minutes:

OLD BUSINESS

Review of City and HUD discussions regarding a former employee’s ongoing emails. Review prior discussions with Councilman Marconi. Mr. Marconi was not in attendance and this discussion was postponed.

Well, let’s see. We know that Mr. Schiavone, Ms. Scott-Jones, and Mr. Lawrence P. Mulligan, Jr. were all listed as attendees, and now we know that Mr. Marconi, (who is listed as a member of this subcommittee) was absent. Well, that makes FOUR council members!!!

That means that this was intended to be a “prearranged discussion of the public business with a majority of the city council in attendance.”, and just like all of the other “subcommittee meetings” when there are FOUR council members in attendance, these are the VERY DEFINITION of a “council meeting”, and therefore IN VIOLATION of the Ohio Sunshine Law unless they are held as council meetings and advertised as such!!!

It also means that it is the DUTY of the city’s Law Director as follows:

733.58 Writ of mandamus.

In case an officer or board of a municipal corporation fails to perform any duty expressly enjoined by law or ordinance, the village solicitor or city director of law shall apply to a court of competent jurisdiction for a writ of mandamus to compel the performance of the duty.

The council members have a “duty expressly enjoined” by Ohio’s Sunshine Law to REFRAIN from holding illegal meetings. Therefore, under ORC 766.58, the City Law Director has an obligation and “shall apply to a court of competent jurisdiction for a writ of mandamus to compel the performance of the duty.”

Of course, in our case, this is a bit of a sticky wicket, since our City Law Director is often in attendance at these illegal meetings, and has told council that they are not illegal.



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“Mulligan said he ... doesn’t believe they necessarily make the return on investment necessary to keep funding them.” …The Middletown Journal, January 30, 2012


Posted By: Mike_Presta
Date Posted: Apr 22 2009 at 3:38am
Oh, I almost forgot!!!
 
Jim "This town is a joke...I’d get the hell out of here quick" Armbruster turned in his usual performance.  He woke up long enough to tell a long-winded, boring  story about how wonderful our city is and how excited he is about all the good things.


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“Mulligan said he ... doesn’t believe they necessarily make the return on investment necessary to keep funding them.” …The Middletown Journal, January 30, 2012


Posted By: Pacman
Date Posted: Apr 22 2009 at 6:56am
Mike My first thought when I saw who attended the meeting was that it was an unscheduled Council Meeting, but I didn't give it much more of a thought as this is the norm for these types of meetings.   Then you look at the topics discussed that just led more credence to the fact that it was.
 
I fail to see the need for this committee as it is basically Council Members and City employees, all who should already be involved in the Housing issues anyways.  I don't see anyone representing the Business Community, The Chamber, No one representing the neighborhoods that have the bulk of Section 8 housing in them.....just City Employees and Council.......hmmmmmmm a clever disguise for a Mini Council Session without out all of us pesky citizens and business owners.Shocked


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When the people fear their government, there is tyranny; when the government fears the people, there is liberty.

Thomas Jefferson


Posted By: Vivian Moon
Date Posted: Apr 22 2009 at 7:28am

Hey Mike

Isn't that mandamus stuff that contagious disease that seems to be spreading all over City Hall?

 



Posted By: spiderjohn
Date Posted: Apr 22 2009 at 9:26am

Is anyone besides me beginning to think that it is all a ruse and smokescreen, and there really will be no changes to the Section 8 program?

CONSOC seems to be calling all of the shots, while Admin/Council gives a false impression that they are changing things, shrinking the glut, and assuming more control. What is CONSOC holding over their heads?
 
jmo
 


Posted By: Pacman
Date Posted: Apr 22 2009 at 11:23am
But Spider you forget Marconi's constant imitation of AL Haig, as Marconi looks sternly at the camera and says "We are in Charge" referring to the Middletown Housing Board that Council is supposedly resurrecting after years of laying dormant.LOL
 
I agree CONSOC is calling the shots and has the City right where they want them.  More money and less work.....hmmmmmmmm.  Like I said it wouldn't surprise me if there is no reduction in Section 8 vouchers.


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When the people fear their government, there is tyranny; when the government fears the people, there is liberty.

Thomas Jefferson


Posted By: makeadifference
Date Posted: Apr 22 2009 at 11:32am
There use to be citizens that would attend the meeting, however whenever they brought up a question, they were never able to get an answer.  Just a long winded response, and never an answer.  I am sure Consoc has there issues - but the city really needs to look inside and see what they failed to do on there end before they expect anything to work right.  Just so you know city management does not want citizens on these committees. 


Posted By: Perplexed
Date Posted: Apr 22 2009 at 12:21pm
Secrecy and arrogance prevails once again!


Posted By: Pacman
Date Posted: Apr 22 2009 at 12:23pm
If CONSOC had such a hard time with the City they hung around for so many years.....WHY?  I don't think they had such a hard time as they saw the City as a Gravy Train.  Then they see their Gravy Train possibly drying up now, which is still up in the air from what I see.

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When the people fear their government, there is tyranny; when the government fears the people, there is liberty.

Thomas Jefferson


Posted By: makeadifference
Date Posted: Apr 22 2009 at 5:23pm
The part about the dollar homes is odd - when you purchase a dollar home you are not allowed to demolish it.  Not to mention they probably would not have had to be torn down if they would have done the work when they bought them back on 2004 - 2006.  Maybe they should be sent citations on these properties.  Or better yet - lets put billboards up showing who owns these properites.


Posted By: Mike_Presta
Date Posted: Apr 23 2009 at 6:55am
We can't put up billboards, as they are tacky and offend the senses of some of our more refined residents.  City Council will be outlawing them shortly from our "business friendly" city.

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“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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