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Middletown Schools Land Dispute with Franklin

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John Beagle View Drop Down
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    Posted: Oct 30 2008 at 9:47am
Mr. Elam was the former Monroe Schools Superintendent and is the current Franklin Schools Superintendent.
 
Arnie sent this to me today:
 

We are writing in response to the recent article about the land dispute between Middletown City Schools and the Franklin City Schools.  From the positions we sat in years ago when this began we found the struggle intriguing; one school system wanting land that had never been theirs, willing to go to court to take it from another.   Now that we are no longer Superintendent’s of neighboring districts but actually in the positions of the Superintendent and Business Manager of the Franklin City Schools we feel compelled to comment.  Franklin City Schools stands to lose millions of dollars in tax revenue if Middletown prevails. This lost revenue would most certainly be shifted onto the already over- burdened property owners in Franklin. Fortunately, for Franklin, the State Board of Education has decided in their favor.  Likewise, the Franklin County court has upheld the decision of the State board of Education.  In the words of one member of the State Board, “this is clearly a tax grab by the Middletown Board.”

The argument offered up by Middletown is that if land is in a city, children living in that area should attend the city school district regardless of long established school district boundaries.  The reality is that many school districts across the state have boundary lines that don’t follow municipal borders.  There are several local examples; there are areas in Trenton that residents attend Madison Schools rather than Edgewood. Hamilton residents attend Talawanda. There are areas of Monroe that attend Lakota. The list goes on. Cities grow, municipal lines change with that growth.

 In the recent article in the Middletown Journal there was a quote from Dr. Price saying that he believed it to be the right thing to do to fight for those students who live in the disputed area to attend the Middletown City Schools.  We want the readers to know that Middletown accepts open enrollment students from neighboring districts and if those students wanted to attend Middletown they could enroll as open enrollment students. Middletown would then get all state funding for those students. There are approximately 29 students in the disputed area.  On the other hand, there are about 55 Middletown students who choose to attend Madison through the Open-Enrollment Option, and about 123 Middletown students who choose to attend Monroe and about 38 Middletown students who choose to attend Franklin.  Approximately 225 students choose to attend those three school districts and take with them about $1.3 million in State funding. It makes us wonder why these students choose to attend neighboring schools rather than their home district.  Additionally it would appear that if protecting a student’s right to attend Middletown City Schools is the mission, the nearly $300,000 in legal fees spent by the Middletown Board would be better invested in trying to keep the kids already there.

This entire case is a sad commentary not only on The Middletown Schools and their leadership but also on the plight of public schools in Ohio.  Schools have been struggling for nearly 30 years to keep afloat without the need to go to voters repeatedly. We have tried to work together as districts though out the state to accomplish this. How credible is our effort to the observer when a district with much more in resources takes a “predator approach” to take away from another? The Franklin City Schools have struggled financially and remain in a tenuous position for much needed dollars. Yet with these struggles Franklin City Schools achieved the distinction of “EXCELLENT” on the State Report Card for the first time this year. During a time of economic hardship for everyone, the effort by Middletown Schools is simply disappointing .

Arnol Elam, Superintendent Franklin City Schools                                                             

Tom York Business Manager, Franklin City Schools

 

 

John Beagle

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Post Options Post Options   Thanks (0) Thanks(0)   Quote Middletown News Quote  Post ReplyReply Direct Link To This Post Posted: Oct 30 2008 at 11:54am
I think that Mr. Elam brought up some great points. Dr. Price why do you continue to pursue this issue at a cost to Middletown and Franklin taxpayers.
 
You are waisting our money.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote John Beagle Quote  Post ReplyReply Direct Link To This Post Posted: Oct 31 2008 at 3:40pm
Elam says: "..., the nearly $300,000 in legal fees spent by the Middletown Board would be better invested in trying to keep the kids already there..."
 
Wow, are the schools ever at war on this issue. This is the first time I have ever seen Mr. Elam communicate his feelings to the media. And I've know Arnol for about 8 years.
 
I say Kudos for taking a stand. I too am tired of my Middletown Tax dollars being waisted on a land grab they will never win.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote spiderjohn Quote  Post ReplyReply Direct Link To This Post Posted: Nov 02 2008 at 9:30am

Once again Ms.Andrews has talked down to the citizens of Middletown. Obviously she finds us too simple to understand the basics of the land/tax grab situation.

Well, Ms.A--we DO understand the situation, and find the extended legal actions to be a stab, and probable continuation of wasting public $$. WE wish that you would accomplish something within the framework of improving our educational system, and at least show SOME improvement in test scores and curriculum during your tenure.

I recently toured the locker rooms at the Wade E Miller gym, and found conditions to be absolutely embarrassing and beyond acceptable. Barnitz conditions are no better.  To send our kids to the other GMC venues and experience their conditions and to bring these visiting teams to our squalor is reason alone to spread the word about our community conditions. Our admin denied Atrium-funded improvements, instead holding out for the play towards new east end facilities to go along with a new high school and middle school. Those levys are supposedly coming up next year, with two renewals to follow. Well--you won't get your new schools.

Dr.Kabithe saw the light and resigned(albeit in unacceptable timing to allow Rev.Tyus to be appointed--would he have done the same IF AJ Smith had been next in line?). Ms.Andrews came on board with Dr.Kabithe, and should probably make an early exit also. Her thinking and actions(or lack of) are not in line with the general public. She has offered no improvements, and has accomplished very litte of a positive nature. She could just leave now, or wait until her term expires, as she would have no shot of being re-elected.

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Post Options Post Options   Thanks (0) Thanks(0)   Quote spiderjohn Quote  Post ReplyReply Direct Link To This Post Posted: Nov 02 2008 at 5:11pm

The urgency of the litigation could possibly be as justification for the building of the Miller Ridge school, since many of the affected students would probably be enrolled there. The Miller Ridge building came about after a levy victory and following surprise disclosure that Rosedale school would be shut down. This after-the-fact decision shocked and enraged parents, and no significant levys have passed since.

jmo

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Post Options Post Options   Thanks (0) Thanks(0)   Quote VietVet Quote  Post ReplyReply Direct Link To This Post Posted: Nov 02 2008 at 6:49pm
Spider- I remember years ago, when the school district purchased the Miller Ridge land. Rumors at that time were that a new high school would be built on that site. The land sat vacant for years and it seemed that "all of a sudden", up sprouted a new elementary school. Then, as you say, the Rosedale area residents were lied to and changes were made that angered many Rosedale parents. I have always thought that the Rosedale area was chocked full of people that always supported the school levys(club members) and went along with anything that Price and the board wanted to do. Perhaps the actions of Price and the school board have been so devious that even this area may have it's share of no voters on future levys although the people would never admit they voted against the schools as it is socially unacceptable to voice your true feelings around other club members. The distinguished/high- falutin' folks in Manchester Manor, Divinci Drive and the Oaks would not approve of such "deviant" behavior, don't 'cha know!
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Pacman Quote  Post ReplyReply Direct Link To This Post Posted: Nov 03 2008 at 4:11am

Marcia Andrew: Middletown wants fair solution to land dispute

By Marcia Andrew

Sunday, November 02, 2008

It is misleading for the Franklin City School District to continually paint itself as the victim in the dispute over Middletown City School District's request to redraw the school district boundaries to include the land around the Atrium Medical Center. Ask yourself:

• When one city expands into vacant land of another city, spurring economic development subsidized by the taxpayers of the first city, who should reap the benefits of the expanded tax base? Middletown taxpayers contributed millions of dollars to allow the building of the new hospital, and the city's economic development efforts — also funded by Middletown taxpayers — have focused on this area by the interstate. Before the land was annexed to the city of Middletown, it was an empty field full of buried tires. Is Franklin entitled to a windfall from Middletown's investment?

• Is it reasonable to spend $156,647 to secure potential future revenues in the tens of millions? The amount spent, spread over three years, although large, is still a tiny fraction of our $70 million annual budget. Student learning was not impacted. Plus, the old adage is true — you have to spend money to make money.

As new businesses locate near the hospital, and existing businesses migrate there from downtown, the tax value of the land will increase dramatically. Over the next several decades, tens of millions of dollars of new tax revenue is at stake. From this perspective, it would be irresponsible for Middletown not to pursue the land transfer.

• Did the Middletown school board follow a reasonable process in making its decisions? From the initial decision in 2005 to file the petition for the land transfer, through the most recent decision to appeal the denial of the transfer to the Court of Appeals, a total of 10 different school board members have been briefed on the matter. Board members asked hard questions of the superintendent, treasurer and legal counsel.

At every stage, each of the then-current board members agreed that it was in the best interests of the Middletown School District and Middletown taxpayers to attempt to redraw the school district boundaries to match the city boundaries. The right to appeal is a basic part of the judicial system, providing a means to correct the errors of lower courts. Is Middletown wrong for refusing to concede the game before the fourth quarter has been played?

• Why does the law require an all-or-nothing outcome? The way the law is written, one district or the other will receive 100 percent of the tax revenues from the disputed area. From the beginning, Middletown has preferred a compromise in which Franklin would keep all of the tax revenue from the existing taxable value of the land, and the new tax revenue generated by the expected increase in land values would be shared fairly between the two districts.

Middletown has repeatedly tried to reach a win-win solution, but Franklin apparently prefers to gamble on grabbing all of the tax windfall for itself.

Marcia Andrew is a member of the Middletown Board of Education.

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Post Options Post Options   Thanks (0) Thanks(0)   Quote Middletown News Quote  Post ReplyReply Direct Link To This Post Posted: Nov 03 2008 at 11:08am

"Is it reasonable to spend $156,647 to secure potential future revenues in the tens of millions?" Ms. Andrew

Not if you have tried and tried, and the court system has denied two times. At some point, its like paying someone big money to beat a dead horse.
 
I have to say at this point, it doesn't make sense. Thanks for asking.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote John Beagle Quote  Post ReplyReply Direct Link To This Post Posted: Nov 03 2008 at 5:14pm

Edited

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Post Options Post Options   Thanks (0) Thanks(0)   Quote Pacman Quote  Post ReplyReply Direct Link To This Post Posted: Nov 03 2008 at 5:20pm
Don't feel bad John he never replied to my email either and I still have an issue with the MCSD that is unresolved.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote John Beagle Quote  Post ReplyReply Direct Link To This Post Posted: Nov 20 2008 at 2:06pm
Perhaps Middletown wins this dispute. One could argue that Dr. Price and the school board acted prudently for Middletown. Not so prudent with Franklin however.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Pacman Quote  Post ReplyReply Direct Link To This Post Posted: Nov 20 2008 at 7:31pm
It is not up to the Middletown BOE to act Prudently as far as Franklins School District is concerned, that is the Franklin BOE's job.  Is it prudent for Middletown to develope this area of their City much with Tax Payer funds to only fund Franklins School System, personally I think not.  This section of land was annexed by Middletown.  Middletown is developing it, Middletown and Middletowns schools should reap the benefit.  In my opinion Ohios Laws are antiquated in this instance and need to be revised, hopefully that will happen.
 
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Mike_Presta Quote  Post ReplyReply Direct Link To This Post Posted: Nov 21 2008 at 6:47am
Pacman:
I would agree with you except for one major point!
 
The relavent laws and regulations were in place BEFORE Middletown spent the time, trouble, and expense of annexation and development.  Unfortunately, Middletown officials have a track record of assuming that they can do whatever they want, regardless of the law.
 
Can a neighbor build a wall on YOUR side of the property line, ASSUMING that you will sell the strip of land (or grant him an easement) later?
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Pacman Quote  Post ReplyReply Direct Link To This Post Posted: Nov 21 2008 at 8:18am
Mike you know as well as I do that many laws or regulations are changed as circumstances change.   How many laws that have been on the books for years are changed by the courts each year.  Simply because that is the way it has been done for years doesn't mean it doesn't need to be changed or that it is right.
 
Whether Middletowns BOE eventually wins this case or not, the move to annex this land was a good move for the City.  Being basically land locked I would say for Middletown to Annex any and all land they can get their hands on at this time.
 
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Mike_Presta Quote  Post ReplyReply Direct Link To This Post Posted: Nov 21 2008 at 8:45am
Pacman:
I absolutely agree with what you say in your 8:18 post.
 
I was simply trying to amicably disagree with your view that:
"This section of land was annexed by Middletown.  Middletown is developing it, Middletown and Middletowns schools should reap the benefit."
The fact is that Middletown knew (or at least should have known) that for Franklin School District to prevail was a possible, even probable, outcome and so should have been prepared to face this result.
 
All of that having been said, I do agree that the annexation was a good move.  I am concerned, however, about the length of time required before we realize a return on investment, and I have a differing view on what would have been the best zoning approach and architectural standards.
 
 
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