MIDDLETOWN CITY COUNCIL AGENDA

TUESDAY, October 20, 2015

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

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

2. ROLL CALL

3. PRESENTATION- Sister City Proclamation

4. CITIZEN COMMENTS, GUESTS, ORGANIZATIONS’ REPORTS

5. CITY MANAGER REPORTS 2016 Budget Presentation – Public Safety 6. 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 6, 2015

(b) Receive and File Board & Commission Minutes: Library Board- April 21, May 19, June 16 & July 21, 2015 Historic Commission- July 23, 2015

(c) Confirm Personnel Appointments: Terry Phipps- Part-time Bus Driver Joseph Rose- Mechanic

(d) Receive and File Oath of Office: Timothy Sorrell

(e) To approve the purchase of a liquid phosphate (Sodium Hexametaphosphate) for use at the Water Treatment Plant from Bonded Chemicals, Inc., of Columbus, OH, in the amount of $5.52/gallon for the estimated usage of 7,400 gallons (approximately $40,848).

(f) To approve the purchase of Ferric Sulfate from Kemira Water Solutions, Inc., of Lawrence, KS, for use at the Wastewater Treatment Plant in the amount of $1.32/gal. for the estimated usage of 53,000 gallons ($70,000).

COUNCIL COMMENTS

 LEGISLATION

1. Resolution No. R2015-36, 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, 2015 (General Fund) (2nd Reading)

2. Resolution No. R2015-37, 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, 2015 (UDAG Fund). (2nd Reading)

3. Ordinance No. O2015-53, an ordinance authorizing the City Manager to enter into a contract with the Ohio Department of Transportation for the 2016 Urban Paving Program. (2nd Reading)

4. Ordinance No. O2015-54, an ordinance establishing a procedure for and authorizing an extension of the contract with ABL Management, Inc. for jail food service. (2nd Reading) 5. Ordinance No. O2015-55, an ordinance dedicating right-of-way and accepting the dedication of right-of-way. (2nd Reading)

6. Ordinance No. O2015-56, an ordinance establishing a procedure for and authorizing an addendum to a contract with Environmental Field Services for environmental work to be performed at former Aeronca property and declaring an emergency.

7. Ordinance No. O2015-57, an ordinance authorizing a collective bargaining agreement with the International Association of Firefighters, Local #336 for the years January 1, 2015 through December 31, 2017 and declaring an emergency. (No action requested until November 3, 2015)

8. Ordinance No. O2015-58, an ordinance establishing a procedure for and authorizing a contract with Polydyne, Inc. for the purchase of polymer for use at the Waste Water Treatment Plant for the year 2016. (1st Reading)

LEGISLATION ITEM 6

ORDINANCE NO. O2015-56

AN ORDINANCE ESTABLISHING A PROCEDURE FOR AND AUTHORIZING AN ADDENDUM TO A CONTRACT WITH ENVIRONMENTAL FIELD SERVICES FOR ENVIRONMENTAL WORK TO BE PERFORMED AT THE FORMER AERONCA PROPERTY AND DECLARING AN EMERGENCY.

WHEREAS, the City of Middletown entered into a OEPA Voluntary Action Program on the former Aeronca property; and

WHEREAS, City Council authorized a contract with Environmental Field Services for installing new monitoring wells and bollards by consent on January 6, 2015; and WHEREAS, during the installation it was determined that additional work was necessary, which included the installation of 18 bollards, 31 feet of well materials and 23 55 gallon drums for disposal of soil cuttings; and

WHEREAS, this additional work has created additional costs in completing the project; NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Middletown, Butler/Warren Counties, Ohio that: Section 1 The City Manager, without complying with the procedures of Chapter 735 of the Ohio Revised Code is hereby authorized to enter into an addendum to the contract with Environmental Field Services to pay the additional costs of the labor and materials needed to complete the project. Section 2 For said purpose the Director of Finance is hereby authorized and directed to pay a sum not to exceed $2,515.00 from the Wellfield Protection Fund (Fund # 546). Section 3 City Council hereby determines that the procedure to be followed in the award and execution of the aforesaid contract shall consist solely of the procedure set forth in this ordinance and the provisions of Chapter 735 of the Ohio Revised Code shall not be applicable to the award and execution of the aforesaid contract. Section 4 This ordinance is declared to be an emergency measure necessary for the immediate preservation of the public health, safety and general welfare, to wit: to allow the contractor to be promptly paid for the work which has been completed, and shall take effect and be in force from and after its adoption. _____________________________ Lawrence P. Mulligan, Jr., Mayor Adopted:__________________

Attest: _________________________ Clerk of the City Council H:/Law/Leg/2015 Leg/O Environmental Field Services Change Order 1.doc

S T A F F R E P O R T

For Business Meeting of October 20th, 2015 DATE: October 7, 2015

TO: Douglas Adkins, City Manager

FROM: Scott Tadych, Public Works and Utilities Director

Prepared by: Scott Belcher, Treatment Plant Manager

PURPOSE To modify the contract with Environmental Field Services, Inc. for additional work performed during installation of the new monitoring wells and bollards.

BACKGROUND and FINDINGS Environmental Field Services, Inc. (EFS) was awarded a contract in the amount of $56,184 by Consent Agenda at the January 6th, 2015 City Council Meeting to install 20 new monitoring wells that are needed as part of the OEPA Voluntary Action Program for the former Aeronca property now owned by the City of Middletown. It was determined during installation that 18 additional bollards were needed to protect the monitoring wells. Also, 31 feet of additional well materials were necessary during installation and 23 additional 55 gallon drums were needed for proper disposal of soil cuttings. All additional work was performed at unit prices in the original bid.

ALTERNATIVES N/A FINANCIAL IMPACT The cost of the additional work totals $2,515.00. Funds are available and appropriated in the Wellfield Protection (546.990.52480). EMERGANCY/NON-EMERGENCY Emergency legislation is requested to pay the contractor immediately for work already performed.

Why are we still paying for the EPA clean up of this property?

When is City Hall going to start cleaning up the Hydraulic Canal with the $250,000 in funds that Miss Judy promised several years ago?