MIDDLETOWN CITY COUNCIL AGENDA

TUESDAY, June 17, 2014

BUSINESS MEETING- 5:30 pm – COUNCIL CHAMBERS – LOWER LEVEL

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

2. ROLL CALL

3. PRESENTATION- 125TH Anniversary of American Savings Bank

4. PUBLIC HEARINGS

Zoning Map Amendment

 2015 Tax Budget for the City of Middletown

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: June 3, 2014

(b) Receive and File Board & Commission Minutes:

Board of Health – April 8, 2014

MidPointe Library Board – April 15, 2014

Board of Zoning Appeals- May 7, 2014

(c) Receive and File Oaths of Office- Matthew Back, Matthew Romero, Mark Charles,

Rebecca Davidson and Matthew Kinder

(d) Receive and File Final Assessments for the Lefferson Road Improvements

8. MOTION AGENDA

 (a) Receive, File and Adopt the 2015 Tax Budget for the City of Middletown

 (b) Approve a Change Order #3 and appropriate the funds for the Miami Packaging

contract with Cardno ATC in the amount of $18,990.00.

 9. COUNCIL COMMENTS

LEGISLATION

1. Ordinance No. O2014-26, an ordinance establishing a procedure for and authorizing a

contract with Perfection Group, Inc. for capital repairs and upgrades at the Water

Treatment Plant and Wastewater Treatment Plant. (2nd

 Reading) 

2. Ordinance No. O2014-27, an ordinance providing for the issuance and sale of bonds in

the maximum aggregate principal amount of $950,000 for the purpose of paying the

costs of improving the waste water treatment system by renovating, installing,

furnishing, equipping and otherwise improving treatment facilities, including installing

energy efficiency improvements, together with any necessary appurtenances thereto.

(2nd Reading)

3. Ordinance No. O2014-28, an ordinance providing for the issuance and sale of bonds in

the maximum aggregate principal amount of $3,500,000 for the purpose of paying the

costs of improving the water treatment system by renovating, installing, furnishing,

equipping and otherwise improving treatment facilities, including installing energy

efficiency improvements, together with any necessary appurtenances thereto. (2nd

Reading)

4. Resolution No. R2014-18, a resolution authorizing an employment agreement with

Douglas D. Adkins to serve as City Manager of the City of Middletown and declaring an

emergency.

5. Resolution No. R2014-19, 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, 2014 and declaring an

emergency. (Wellfield Protection Fund)

6. Ordinance No. O2014-29, an ordinance levying special assessments for the

improvement of Lefferson Road and South Marshall Road east of Breiel Boulevard to

Cincinnati–Dayton Road and declaring an emergency. (No action requested until the July

1st meeting)

7. Ordinance No. O2014-30, an ordinance repealing Chapter 283 (Golf Course

Commission) of the Codified Ordinances. (1st Reading)

8. Ordinance No. O2014-31, an ordinance establishing a procedure for and authorizing a

third amendment to the contract with ATC Associates for remediation of the Miami

Packaging Building. (1st Reading)

9. Resolution No. R2014-20, a resolution confirming the recommendation of the Planning

Commission and denying a zoning classification change of two tracts of land located on

Carmody Boulevard from I-1 (Industrial Park District) to C-2 (Roadside Commercial

District). (1st Reading)

EXHIBIT “A”

EMPLOYMENT AGREEMENT

This Employment Agreement (hereinafter “Agreement” or “Contract”) is entered into this

_______ day of _______________, 2014 by and between the City of Middletown, One Donham Plaza, Middletown, Ohio 45042, a chartered municipal corporation organized under the laws of the State of Ohio, (hereinafter “City”) and Douglas D. Adkins (hereinafter “Adkins”).

WHEREAS, the Charter of the City vests the administrative powers of government in the position of City Manager; and

WHEREAS, the City desires to employ Adkins to serve as the City Manager of the City; and

WHEREAS, both parties desire to express their mutual intent to commit to a continuing employment relationship, in accordance with the parameters of the City Charter;

NOW, THEREFORE, the parties enter into this Agreement in exchange for and in consideration of the mutual promises and covenants contained herein.

SECTION I – EMPLOYMENT

A. The City employs Adkins on the terms and conditions stated below to act as City Manager for the City of Middletown. Adkins shall satisfactorily perform the duties of City Manager as more fully described in Article III, Section 3 of the Charter of the City of Middletown, Ohio. (“Powers and Duties of City Manager”).

B. Except as otherwise provided herein, Adkins shall devote his full time to conducting the business of the City and shall not directly or indirectly, during his employment, engage in any activity adverse to the City’s business or welfare, whether alone or as a partner, officer, director, manager, advisor, agent, or investor in any corporation, partnership, joint venture, association or other entity. Adkins shall act in compliance with the reasonable and lawful direction of City Council and in accordance with the City Charter.

C. Adkins’ hours of work shall be governed by the applicable provisions of City ordinance governing hours of work and the Policy and Procedure Manual of the City.

SECTION II – TERM OF EMPLOYMENT

The term of employment shall begin on July 22, 2014, and shall continue until terminated by: 1) the mutual agreement of the parties; or, 2) action by City Council in accordance with Article III, Section 4 of the Charter of the City of Middletown (“Removal of City Manager”); or, 3) written notice from Adkins of his intent to terminate this Agreement given not less than sixty (60) days, of which no more than thirty (30) days may be vacation or holidays; or, 4) Adkins’ death or disability, rendering him unable to perform his duties under this contract for a period of one hundred and twenty (120) consecutive calendar days (subject to the applicable state and federal laws).

If Adkins is terminated in accordance with subsection 2 above, the City will continue coverage under the City health insurance plan for three (3) months following the adoption of the preliminary resolution for his removal so long as Adkins pays the employee contribution required by City ordinance, in addition to the compensation required by the City Charter.

SECTION III – COMPENSATION

In consideration of the services rendered under this Agreement, the City shall pay Adkins as follows:

a). Effective July 22, 2014, a base salary of one hundred and fifteen thousand dollars ($115,000.00). Effective July 22, 2015, a base salary of one hundred and twenty-five thousand dollars ($125,000.00). Effective July 22, 2016, and each year after, Adkins shall be eligible for a merit based salary increase, at the sole discretion of City Council, based on completion of performance objectives as set by City Council.

b). In addition to this base salary, the City shall, during the term of this Agreement, pay an amount equal to two percent (2%) of Adkins’ base salary into the Ohio Public Employees Deferred Compensation Program.

SECTION IV- BENEFITS

During the term of this Agreement, Adkins shall be entitled to such benefits as are provided by the applicable ordinances of the City of Middletown and the Policy and Procedure Manual, except as specifically provided herein.

a). Car allowance. In lieu of the allowance provided in the City ordinance, the City shall pay Adkins a monthly car allowance of four hundred and fifty dollars ($450.00) to be used to purchase, lease, own, operate and maintain a personal vehicle. Adkins shall be responsible for all expenses for such vehicle, including, but not limited to, maintenance and insurance. The City reserves the right to require Adkins to drive a City-owned

vehicle in lieu of this allowance.

b). Moving Expenses. The City will pay Adkins the amount of Twelve thousand dollars ($12,000.00) for expenses incurred in relocating his residence to Middletown.

Adkins shall begin to reside within the City on or before December 1, 2014 and shall continue to reside within the City during his tenure of office, as required by Article III, Section 2 of the Charter of the City of Middletown (“Qualifications of City Manager”).

SECTION V – ENTIRE AGREEMENT

This contract constitutes the entire agreement between the parties. The parties agree that no other promises or inducements have been made unless contained in writing, attached or incorporated by reference into this Agreement.

SECTION VI – APPLICABLE LAW

This Agreement and any amendments hereto shall be governed by and construed in accordance with the laws of the State of Ohio.

IN WITNESS WHEREOF, the parties have executed this Agreement on the date first written above.

CITY OF MIDDLETOWN

By: __________________________ ___________________________

Lawrence Mulligan, Jr. Mayor Douglas D. Adkins

___________________________

Joseph Mulligan, Vice Mayor

_____________________________

Anita Scott-Jones, Council Member

___________________________

Dora Bronston, Council Member

___________________________

Dan Picard, Council Member

ATTEST:

______________________________

Amy Schenck, Clerk of City Council

APPROVED AS TO FORM:

______________________________

Leslie S. Landen, Law Director

8. MOTION AGENDA

 (a) Receive, File and Adopt the 2015 Tax Budget for the City of Middletown

Why are we approving the 2015  Budget of Miss Judy when we are going to have a new City Manager?
Has Mr. Adkin's approved this budget and does he agree with this plan?