MIDDLETOWN CITY COUNCIL AGENDA
TUESDAY
 

I. , January 4, 2011
 

BUSINESS MEETING – 5:30p.m. – COUNCIL CHAMBERS, LOWER LEVEL
 

1. MOMENT OF MEDITATION/PLEDGE OF ALLEGIANCE TO THE FLAG
 

2. ROLL CALL
 

3. PRESENTATION –January 2011 – Homeless Awareness Month
 

4. PUBLIC HEARING – Recommendation from Planning Commission to approve a zone text amendment to correct language in the zoning ordinance to clarify the standards for enforcement of the provisions for removal of obsolete or abandoned signs.
 

5. CITIZEN COMMENTS
 

6. CITY MANAGER REPORTS
 

• Hope House 2011 Update
 

• Recycling Update- Keep Middletown Beautiful
 

• Southwest Ohio Brownfield Job Training Program, Calista Smith (Adult Workforce Education Supervisor, Butler Tech)
 

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 from the Consent Agenda and considered separately.
 

(a) Approve: City Council minutes December 21, 2010
 

(b) Receive and File Board/Commission Minutes:
 

Board of Health & Environment - November 9, 2010
 

Middletown Public Housing Agency - December 21, 2010
 

(c) Confirm Personnel Appointments:
Squadperson- Dustin Geiger
 

(d) Accept and Award Bid Tabulations:
Authorizing purchase of a cab and chassis for a dump truck to be used by the Street Division from Miami Valley International Trucks, in the amount of $71,800.
 

8. MOTION AGENDA
 

(a) To accept and award the bid tabulations authorizing purchases of a dump body from Ace
Truck Body, Inc. of Grove City, Ohio in the amount of $58,547.
 

(b) To authorize the City Manager to enter into a contract with Evans Landscaping (Evans) in the
amount not to exceed $609,550 to demolish and abate the Wrenn Papermill.
 

9. COUNCIL COMMENTS …

LEGISLATION
 

1. Ordinance No. O2010-92, an ordinance changing the zoning classification for a parcel of land located on the west side of Vanderveer Street north of Fifth Avenue to I-1 (Industrial Park District). (2nd Reading)
 

2. Ordinance No. O2011-01, an ordinance amending Section 1272.04(a) (9) of the codified ordinances. (Non-functional and abandoned signs) (1st Reading)
 

3. Resolution No. R2011-01, a resolution to make adjustments 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, 2011. (1st Reading)
 

• Under the authority of ORC 121.22 (G)(1) To consider the appointment, employment, dismissal, discipline, promotion, demotion, or compensation of a public employee or official; and
 

EXECUTIVE SESSION
 

• Under the authority of ORC 121.22 (G)(3) Conferences with an attorney for the public body concerning disputes involving the public body that are the subject of pending or imminent court action.
 

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 - http://www.cityofmiddletown.org

2. Ordinance No. O2011-01, an ordinance amending Section 1272.04(a) (9) of the codified ordinances. (Non-functional and abandoned signs) (1st Reading)

PURPOSE

To authorize the City Manager to enter into a contract with Evans Landscaping (Evans) in the amount not to exceed $609,550 to demolish and abate the Wrenn papermill.

BACKGROUND and FINDINGS

    In 2009, the City of Middletown received a CORF Grant in the amount of $1,606,817.00 to conduct remediation and demolition activities at the former Wrenn Papermill site at 810 First Avenue. Council appropriated funding for this project through Resolution R2010-16. The cost of the contract is funded through a Clean Ohio Revitalization Fund (CORF) grant except for 25% local match, a portion of which has already been funded through a USEPA grant.
    The property is located on 5.0644 acres approximately 1000 feet east of the Great Miami River. The scope of the work includes asbestos abatement, demolition, general waste removal, soil remediation, and groundwater remediation. The property will be cleaned up to meet a commercial/industrial land use standard. This project allows the City to continue to improve the downtown/riverfront area.

    The City hired ATC Associates, Inc. (ATC) as the environmental firm to oversee the project and to provide Certified Professional (CP) services. Bid specs for demolition and abatement services were distributed in November. The City requested bidders to provide an alternate bid estimate that would include re-using the concrete material onsite for fill material as a matter of cost effectiveness. A 90 day timeframe for project completion was included in the bid spec.

Bid Recommendation

Evans Landscaping, Inc.

    A legal notice was published (10-7217) and the bid spec was posted on the City’s Bidview webpage. On December 3 a pre-bid meeting was held. On December 16 ten bids were received. The bid from Cardinal Environmental was rejected because it was a stand-alone asbestos abatement bid rather than a demolition and asbestos bid as the bid spec required. Bid tab is attached. The lowest bidder was Evans.

    Evans been in business 29 years and has completed demolition and remediation on a variety of projects of a similar nature to the Wrenn Papermill. A project list is attached. Three clients were contacted for references. All provided good references.

    Once demolition and abatement is completed, a contractor will be hired to provide soil

excavation and remediation services as needed.

ALTERNATIVES

    The alternative would be to award the bid to another contractor, or to do nothing, causing the project not to move forward.

OTHER CONSIDERATIONS

None

FINANCIAL IMPACT

City of Middletown

    The cost of the project is being funded through a CORF grant. We won’t pay the contractor until we receive the funds. The City will fund a 25% match based on total cost of the project. A portion of the match as already been paid. Remainder of the match is funded through the wellfields fund.

RECOMMENDATION

Staff recommends that City Council authorize the City Manager to enter into a contract with Evans Landscaping in the amount not to exceed $ 609,550.

CONFORMITY TO CITY POLICY

This project is consistent with the City’s 2005 Master Plan and falls under Objective ED2: “Establish an economic development entity with the authority and accountability to effectively attract and retain jobs and businesses”.

EMERGENCY/NON EMERGENCY

Approval is requested on the Motion Agenda.

DEPARTMENTAL CLEARANCES

Law Department

Finance Department

Bid Tab

ATTACHMENTS

Evans Landscaping, Inc. project list

RESOLUTION NO. R2011- 01

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, 2011.
 (WELLFIELD PROTECTION FUND)

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of

Middletown, Butler/Warren Counties, Ohio that:

Section 1

The following sums are hereby appropriated from the Wellfield Protection Fund of the City to accounts of the City for the purposes herein described as follows:

FROM: Unappropriated Wellfield Protection Fund (Fund #546) $1,274,685.00

TOTAL EMPLOYEE BENEFIT FUND $1,274,685.00

TO: Accounts of 990 (546.990.54502) $1,274,685.00

Section 2

The Director of Finance is hereby authorized to draw his warrants on the City Treasurer for payments from any of the foregoing appropriations upon receiving proper certificates and vouchers therefore, approved by the Board of Officers authorized by law to approve the same, or an ordinance or resolution of the City Council to make expenditures provided that no warrants shall be drawn or paid for salaries or wages except to persons employed by authority of and in accordance with law or ordinance.

Section 3

All legislation inconsistent herewith is hereby repealed.

Section 4

This resolution shall take effect and be in force at the earliest date permitted by law.

__________________________________

Lawrence P. Mulligan, Jr., Mayor

1st reading

2nd reading: _________________________

: _January 4, 2011

Adopted: ___________________________

Effective: ___________________________

Attest: _________________________________

Clerk of the City Council

H:/law/leg/r Approp Wellfield Protection Fund.doc

For the Business Meeting of January 4, 2011

S T A F F R E P O R T

December 28, 2010

TO: Judith A. Gilleland, City Manager

FROM: Mike Robinette, Economic Development Director

Prepared by: Denise Hamet, Economic Development Program Manager

PURPOSE

To re-appropriate $1,274,685 from the wellfields account number 546.990.54502 for the

completion of the Wrenn papermill remediation project funded through a Clean Ohio Remediation Grant (CORF).

BACKGROUND and FINDINGS

The funds ($2,002,817) for the grant implementation were appropriated in 2010. The grant funding cycle is typically two years. Last year, the City contracted with ATC Associates for environmental services, and staff is currently proposing a contract with Evans Landscaping, Inc. for asbestos abatement and demolition (requested as a separate agenda item). After deducting the encumbered amounts for ATC Associates, Inc. ($118,582.50) and for Evans Landscaping, Inc. ($609,550) the grant amount is $1,274,685. This provides for soil excavation and remediation, City match, and additional remediation and site improvement as needed. The property is located on 5.0644 acres approximately 1000 feet east of the Great Miami River.

The scope of the work funded by the grant includes asbestos abatement, demolition, general waste removal, soil remediation, and groundwater remediation. The property will be cleaned up to meet a commercial/industrial land use standard. This project allows the City to continue to improve the downtown/riverfront area. We will have a clean site for redevelopment or green space.

ALTERNATIVES

• The alternative would be to not authorize the appropriation from the Wellfield fund for

the remainder of services needed to finish the grant.

Appropriations Request

STM CORF GRANT

OTHER CONSIDERATIONS

None

FINANCIAL IMPACT

There is a 25% matching cost for this project and it will require staff time to administer the project. A portion of the match has been previously covered; the remaining share estimated for the entire project is $396,000. It could be less if the total cost of the project is less. Future impact to the City would be income tax revenue and capital investment if the site is built out for commercial use. The size of the site would support a building of approximately 50,000 square feet.

RECOMMENDATION

Staff recommends that City Council authorize the appropriation of $1,274,685 from the Wellfield Protection Fund account number 546.990.54502 for the remainder of services needed for CORF grant implementation.

CONFORMITY TO CITY POLICY

This project is consistent with the City’s 2005 Master Plan and falls under Objective ED2: “Establish an economic development entity with the authority and accountability to effectively attract and retain jobs and businesses”.

EMERGENCY/NON EMERGENCY

Non-Emergency.

DEPARTMENTAL CLEARANCES

Law Department

Finance Department

ATTACHMENTS

CORF STM Award Letter