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AGENDA 4-01-2014

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Vivian Moon View Drop Down
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    Posted: Mar 31 2014 at 8:31am
MIDDLETOWN CITY COUNCIL AGENDA 
TUESDAY, April 1, 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- Arbor Day Proclamation 
 
4. CITIZEN COMMENTS, GUESTS, ORGANIZATIONS’ REPORTS 
 
5. CITY MANAGER REPORTS 
 
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) Receive and File Board & Commission Minutes: 
 Board of Health- February 11, 2014 
 (b) Confirm Personnel Appointments: 
 Jesse Brown and Terry Phipps to the position of part-time bus driver 
 
7. MOTION AGENDA 
(a) To approve the purchase of a crew cab pickup truck for the Division of Engineering 
from Bob Ross Buick, Inc., of Centerville, Ohio, in the amount of $27,177.50. 
 
8. COUNCIL COMMENTS 
 
EXECUTIVE SESSION 
 Under the authority of O.R.C. 121.22 (G) (2) To consider the purchase of property for 
public purposes, or for the sale of property at competitive bidding, if premature 
disclosure of information would give an unfair competitive or bargaining advantage to a 
person whose personal, private interest is adverse to the general public interest. 
 
LEGISLATION 
1. Ordinance No. O2014-14 an ordinance authorizing a contract with Rack & Ballauer 
Excavating Co., Inc. for improvements to Towne Boulevard and declaring an emergency. 
  
 
MIDDLETOWN CITY COUNCIL AGENDA 
TUESDAY, April 1, 2014 
2. Ordinance No. O2014-15, an ordinance authorizing an addendum to the agreement 
with the Board of Park Commissioners of Metroparks of Butler County, Ohio dated 
December 20, 2013 and declaring an emergency. 
 
3. Ordinance No. O2014-16, an ordinance establishing a procedure for and authorizing a 
contract between the City and Myron Bowling Auctioneers, Inc. DBA Weatherwax 
Holdings, LLC for the sale of City owned property and declaring an emergency. 
 
4. Ordinance No. O2014-17, an ordinance establishing a procedure for and authorizing a 
contract with Metropolitan Environmental Services Inc. for the completion of the 
remediation of the STM Wrenn Paper facility and declaring an emergency. 
 
5. Resolution No. R2014-12, a resolution endorsing the school bond issue for the 
Middletown City Schools and declaring an emergency. 
 
6. Ordinance No. O2014-18, to authorize the City Manager to enter into a contract to sell 
the Bank One building to Toast of the Town Events, LLC. and declaring an emergency. 
(No action requested until April 15, 2014) 

7. Ordinance No. O2014-19, to authorize the City Manager to enter into a Contract with 
the Ohio Department of Transportation (ODOT) for the 2014 Urban Paving Program and 
declaring an emergency. (No action requested until April 15, 2014) 

8. Ordinance No. O2014-20, to authorize the City Manager to enter into a professional 
services agreement with CH2M Hill Engineers, Inc. to identify the source and extent of 
remaining contamination of the former Aeronca property. (1st Reading) 

9. Ordinance No. O2014-21, to transfer a City parking lot located at 49 S. Main St. to the 
Sorg Opera Revitalization Group who is in the process of renovating the adjacent Sorg 
Opera House and Commercial Building at 63 S. Main St. (1st Reading) 

EXECUTIVE SESSION 
 Under the authority of O.R.C. 121.22 (G) (1) To consider the appointment, employment, 
dismissal, discipline, promotion, demotion, or compensation of a public employee or 
official. 

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acclaro View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote acclaro Quote  Post ReplyReply Direct Link To This Post Posted: Mar 31 2014 at 9:33am
Beam me up Scotty.

Since 1987, no city council entity has made any effort to rescind and put back in place what initially was about 5% of the dedicated road funds per ordinance to maintain simple street repair in Middletown.

And tomorrow this group, will vote to support taxes for a building having no effect on education?

I know why more FOR SALE signs dwarf the pre-mature placement of support signs for MCSD levy.

And they think more high income earners will come to Middletown?

Trainwreck.

______________________________

 

Updated: 3:42 p.m. Sunday, Jan. 30, 2011 | Posted: 2:26 a.m. Sunday, Jan. 30, 2011

Live on a street in need of repair?

City rolls out program where residents can petition officials to fix their street sooner.

  •  0 0 0 New

By Jessica Heffner

Staff Writer

MIDDLETOWN — It can be a bumpy ride living in the city but officials are rolling out a program to help make it a little smoother.

Linden Avenue is a hard road to travel — figuratively and literally — according to Jo Ann Gibson.

Known for its gaping potholes — the largest of which is located right in front of her home — Gibson said she has watched the road deteriorate over the past 30 years.

Meanwhile, she’s seen other neighborhood streets get repaved or receive additional street lights while her block is reduced to a single lamp post.

“Our taxes keep going up and up but it’s other streets around here (that) are getting paved,” she said.

City leaders are hoping a petition program may help address some of the concerns regarding some of those neighborhood roads.

The Street Resurfacing Assessment Program — a simplified version of a current Ohio law — will allow residents to petition the city to make repairs on the street where they live.

If 60 percent of the property owners agree, the cost of any necessary repairs would be partially assessed to the homeowners’ taxes.

The hope of the program is residents will see faster results on repairs to their roads while knowing their tax dollars are being used to directly benefit their property, said Public Works Director Dave Duritsch.

“Instead of paying into a tax that may pay for repairs on your street at some point, people may be more willing to pay a tax now to get the work done sooner,” he said. “It’s just another tool for residents.”

Information on the program as well as sample petitions are available on Middletown’s website: cityofmiddletown.org.

Program gives residents more tools to fix streets

To say Michai Fletcher was mad watching her muffler fall off her car after hitting a bump on Oxford State Road would be an understatement.

“I think I used every word in the book,” she said with a laugh. “I’m tired of how bad them roads are.”

With only $800,000 budgeted for street improvements in 2011, city leaders have recognized local dollars can only stretch so far for repairs. The Street Resurfacing Assessment Program is meant to allow residents to petition the city to make road repairs on their street.

If 60 percent of the property owners agree and city council approves the repairs, the costs would be partially assessed to the local property owners via a tax set as either a lump sum or over a longer time frame, said Public Works Director Dave Duritsch.

The program is meant to give residents more tools to improving their roads while possibly speeding up the repair process, he said.

Why it’s offered

It’s a scary feeling waking up at 2 a.m. to the sound of your door being kicked in.

Councilman Dan Picard said that has happened three times while he was living on Kenridge Drive when there were no street lights.

As someone working professionally with real estate laws, Picard said he knew he could petition the city to add street lights if he could get 60 percent of his neighbors to agree to the assessment. After much leg work on his own, the petition was accepted and Kenridge Drive had street lights.

He knew the same process could be used for road work — the problem was most residents didn’t know how to do it.

“We know the city does not have a lot of money to pave all the streets. For some of the smaller projects, this program could help meet those needs,” he said.

Picard was among several city leaders and engineers who worked together to create a program for Middletown that would allow residents to “go around the red tape and have an idea of what is needed” to get road work completed through a petition, said City Manager Judy Gilleland.

“The beauty of it is citizens can target their dollars rather than pay a general tax and maybe not see their street paved in a 10-year period,” she said.

“I am very anxious to see how many citizens take advantage of the program,” Gilleland added.

How it works

Interested residents can contact the city about repairs. Duritsch said Middletown officials would do the engineering and present the cost estimates to the petitioner for consideration.

Then the petitioner would then have to have a majority of his neighbors sign the document agreeing to the work and the costs before it could be presented to city council for consideration.

From experience, Picard said the petitioning program “is going to take some effort.

“I had to put in some time and went to all the houses on my street twice and talked to every neighbor,” he said. “I had to introduce myself to a lot of my neighbors and ask for support. But in the end all but one neighbor agreed.”

There are requirements for the program, such as that the street must be at least 500 feet long to be considered. What work will be done and the cost will depend on the state of the road. For instance, smaller pothole repairs could be reported and repaired through the city’s “pothole patrol” with no assessment required, Duritsch said. And some roads may need a simpler, less expensive repaving option while others may need to be ripped out for a full remediation.

“We wouldn’t want to put good money after bad,” Duritsch said. “We want the improvements to last longer than the cost to pay them back.”

With so few dollars set aside for street repairs citywide, Duritsch said how the improvements would be funded may vary. While at least a portion of the work would be funded eventually through a property tax assessment, he said the city would have to have money to pay upfront contracting costs.

That’s part of what city council will have to consider when it reviews the petitions, Gilleland said.

As a renter on Wilson Street, Fletcher can’t participate in the program, but she said she thinks it is a good idea.

“If it frees up the city to focus on main roads because we pay for our neighborhood streets, then I think it is a good thing,” she said.

For more information on the program, visit cityofmiddletown.org. To contact the “pothole patrol,” call (513) 727-3691 and select option 2.

Contact this reporter at (513) 705-2843 or jheffner@coxohio.com.

'An appeaser is one who feeds a crocodile, hoping it will eat him last.' - Winston Churchill
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Vivian Moon View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Vivian Moon Quote  Post ReplyReply Direct Link To This Post Posted: Mar 31 2014 at 10:35am

ORDINANCE NO. O2014-19

AN ORDINANCE ESTABLISHING A PROCEDURE FOR AND AUTHORIZING A
PROFESSIONAL SERVICES CONTRACT WITH CH2MHILL FOR THE PURPOSE
OF PROVIDING SERVICES TO REMEDIATE CONTAMINATION OF THE FORMER
AERONCA PROPERTY.


WHEREAS, the City entered into an agreement with Aeronca for the purpose
of transferring certain property and remediating contamination issues; and

WHEREAS, that process is moving towards completion, but additional work is
necessary to obtain a “no further action” letter; and

WHEREAS, it is necessary for the City to seek assistance from environmental
professionals; and

WHEREAS, CH2MHILL has been assisting the City with this project in recent
years;

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 a professional services contract
with CH2MHILL for the purpose of providing services in the remediation of
groundwater contamination at the former Aeronca property.

Section 2

For said purpose the Director of Finance is hereby authorized and directed to
pay a sum not to exceed $209,151.00 from the Wellfield Protection Fund (#546).

Section 3

This 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, Ohio Revised Code, shall not be
applicable to the award and execution of the aforesaid contract.

Section 4

It is hereby determined that the subject matter of this legislation is not of a
general and permanent nature, does not provide for a public improvement, and does
not assess a tax or payment. 

Section 5  

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

_______________________________ 

 Lawrence P. Mulligan, Jr., Mayor 

 

1st Reading:_____________ 

2nd Reading:____________ 

Adopted: ______________ 

Effective:_______________ 

 

 

Attest: _______________________ 

 Clerk of City Council 

 H:/Law/leg/2014 Leg/O CH2MHILL Remediation at Aeronca.doc

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Post Options Post Options   Thanks (0) Thanks(0)   Quote VietVet Quote  Post ReplyReply Direct Link To This Post Posted: Mar 31 2014 at 11:15am
YOU ARE KIDDING ME, RIGHT?.......

"The Street Resurfacing Assessment Program — a simplified version of a current Ohio law — will allow residents to petition the city to make repairs on the street where they live.

If 60 percent of the property owners agree, the cost of any necessary repairs would be partially assessed to the homeowners’ taxes."

THE SAME THING WAS PROPOSED A FEW YEARS AGO BY CITY LEADERS WITH NO TAKERS. NOW WAIT A MINUTE HERE. WHY DO THE PROPERTY OWNERS HAVE TO HAVE THE NEEDED STREET REPAIRS ASSESSED TO THEIR PROPERTY TAXES WHEN THE CITY ISN'T LIVING UP TO THEIR RESPONSIBILITIES BY REPLACING THE DAM MONEY STOLEN FROM THE STREET REPAIR FUND IN THE 80'S? THE CITY WANTS THE HOMEOWNER TO FOOT THE ENTIRE REPAIR BILL? LET ME GUESS, STILL NO TAKERS THE SECOND TIME AROUND, RIGHT?

"With only $800,000 budgeted for street improvements in 2011, city leaders have recognized local dollars can only stretch so far for repairs. The Street Resurfacing Assessment Program is meant to allow residents to petition the city to make road repairs on their street"

HORESCRAP! THE "STREET RESURFACING ASSESSMENT PROGRAM" IS A CONCOCTED COPOUT FOR THE CITY NOT PLACING THE MONEY BACK IN THE CORRECT FUND THAT THEY TOOK IT FROM DECADES AGO.

AND JUST HOW MANY LANE MILES DID THEY EXPECT TO PAVE WITH $800,000 WHEN IT WILL TAKE MILLIONS TO FIX THE STREET PROBLEM THEY CAUSED BY FINDING EVERY REASON IN THE BOOK NOT TO FOCUS THE MONIES, OVER THE YEARS, BACK INTO THE STREETS.

AND WHAT HAS HAPPENED TO THE GAS TAX ALL THESE YEARS THAT WAS DESIGNATED TO THE ROADS? LET ME GUESS....IT WAS REDIRECTED TO THEIR FAVORITE PROJECTS THAT NO ONE GIVES A DAM ABOUT.

AND NOW DANNY PICARD SPEAKS......

"As someone working professionally with real estate laws, Picard said he knew he could petition the city to add street lights if he could get 60 percent of his neighbors to agree to the assessment. After much leg work on his own, the petition was accepted and Kenridge Drive had street lights."

"He knew the same process could be used for road work — the problem was most residents didn’t know how to do it"

NO DANNY, THE STREET LIGHTS WERE NOT ACTED ON, NOR THE STREET REPAIRS DONE, BECAUSE THEY COULDN'T AFFORD THEM, NOT BECAUSE THEY DIDN'T KNOW ABOUT THE PROGRAM. DO YOU REALLY THINK THIS POOR COMMUNITY CAN AFFORD TO BE TAXED MORE THAN IT IS CURRENTLY TAXED? HOW OUT OF TOUCH ARE YOU BUD?

“I am very anxious to see how many citizens take advantage of the program,” Gilleland added

YOU MAY HAVE A LONG WAIT GILLELAND.

WAS THIS PROGRAM USED BY THE S. MAIN ST PEOPLE OR DID THEY GET "SPECIAL TREATEMENT" BY THEIR CITY FRIENDS? ARE THEY PAYING ADDITIONAL PROPERTY TAXES FOR THE NEW PAVEMENT? IF NOT, WHY DO SOME PEOPLE HAVE TO PAY FOR THEIR OWN PAVING/LIGHTS WHILE OTHERS GET IT DONE WITHOUT AN ASSESSMENT ON THE OLD PROPERTY TAXES? WHY ARE ALL THE CITIZENS PAYING FOR THE S. MAIN ST LIGHTS IF THIS PROGRAM IS SUPPOSE TO BE ABOUT PETITIONING THE PEOPLE ON THE BLOCK?

“We wouldn’t want to put good money after bad,” Duritsch said

COMMENT OF THE DAY DAVY. GREAT COMEDY.

That’s part of what city council will have to consider when it reviews the petitions, Gilleland said.

As a renter on Wilson Street, Fletcher can’t participate in the program, but she said she thinks it is a good idea.

“If it frees up the city to focus on main roads because we pay for our neighborhood streets, then I think it is a good thing,” she said

ARE YOU KIDDING ME FLETCHER? PLEASE DON"T BE A FOOL FOR THE CITY. THEY AREN'T GOING TO DO ANYTHING WITH THE MAIN STREETS IF THE PEOPLE TAKE CARE OF THE NEIGHBORHOOD STREETS FOR THEM. IT'S THE CITY'S RESPONSIBILITY AND THEY'RE TRYING THE PASS THE BUCK ONTO THE PEOPLE.....AGAIN. WE PAY SOME OF THE HIGHEST TAXES IN BUTLER COUNTY. DON'T NEED THEM ANY HIGHER.


I'm so proud of my hometown and what it has become. Recall 'em all. Let's start over.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote acclaro Quote  Post ReplyReply Direct Link To This Post Posted: Mar 31 2014 at 12:13pm
Apparently MCSD petitioned the city leaders to have tax payers pay for a school building when the city won 't fund its roads since 1987.

So the high income resident in waiting to  move to Middletown inherits higher property taxes for a building having no effect on school performance and MCSD goes to council to get a quaisi petition of support, when the city doesn't even fund, nor is willing to, its streets it has a duty.

Is there a requirement to be "uninformed" and "in need of guardianship" to reside in Middletown.

For the record, the article was 2011; not much petitioning ongoing for the alternative to the city's ordinance responsibility for road repair. Believe me....99.99% of affluent individuals don't want to petition their neighbors to have their taxes assessed for the neighborhood to have asphalt maintained. They expect it to be done by the city.

New school building? Fewer high income earners.

Circuitous route to decline for this reason.

Lebanon or West Chester harken, or Hyde Park.         
'An appeaser is one who feeds a crocodile, hoping it will eat him last.' - Winston Churchill
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Post Options Post Options   Thanks (1) Thanks(1)   Quote Miss Kitty Quote  Post ReplyReply Direct Link To This Post Posted: Mar 31 2014 at 1:54pm
6. Ordinance No. O2014-18, to authorize the City Manager to enter into a contract to sell

the Bank One building to Toast of the Town Events, LLC. and declaring an emergency.

(No action requested until April 15, 2014)

Does anyone know who are these people are? How much the city is selling it for? What Toast of the Town Events will use the property for? Why are they declaring this an emergency?
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Post Options Post Options   Thanks (0) Thanks(0)   Quote John Beagle Quote  Post ReplyReply Direct Link To This Post Posted: Apr 02 2014 at 3:58pm
Does anyone know who are these people are? How much the city is selling it for? What Toast of the Town Events will use the property for? Why are they declaring this an emergency?

No Smile
John Beagle

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News of, for and by the people of Middletown, Ohio.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote FmrMide81 Quote  Post ReplyReply Direct Link To This Post Posted: Apr 02 2014 at 4:20pm
It's Chris Walden, the artist. Plans to use it for a studio/gallery and "education space".
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Post Options Post Options   Thanks (0) Thanks(0)   Quote acclaro Quote  Post ReplyReply Direct Link To This Post Posted: Apr 02 2014 at 4:23pm
Event Planner. Dayton. Former wine and spirits marketing.

Corporation Details
   
Corporation Details
Entity Number2269303
Business NameTOAST OF THE TOWN EVENTS LLC
Filing TypeDOMESTIC LIMITED LIABILITY COMPANY
StatusActive
Original Filing Date02/18/2014
Expiry Date 
Location: County: State:
Agent / Registrant Information
MICA GLASER
6160 EDNA OAKS CT.
DAYTON,OH 45459
Effective Date: 02/18/2014
Contact Status: Active
Incorporator Information
THERON J JONES
Filings
Filing TypeDate of FilingDocument Number/Image
ARTICLES OF ORGNZTN/DOM. PROFIT LIM.LIAB. CO.02/18/2014201404501517

'An appeaser is one who feeds a crocodile, hoping it will eat him last.' - Winston Churchill
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Vivian Moon Quote  Post ReplyReply Direct Link To This Post Posted: Apr 02 2014 at 5:18pm
Acclaro

The selling of the Bank One building to Chris Walden is all
about special deals to special friends of THEIR DOWNTOWN.

William Barnitz Oglesby came to
Middletown twice over the past three years to talk with City Hall about purchasing the Bank One Building that his grandfather built. He was told that the Bank One Building was NOT FOR SELL because of the current lease with Miami Research. Mr. Oglesby was going to donate the building to the Middletown Historical Society or establish an Industrial Museum. City Hall told him they would contact him if the building became available.

On Mr. Oglesby last trip to
Middletown he toured the bank building with Sam Ashworth and Jeff Diver of the Middletown Historical Society to see the current condition of the building along with his attorney.

Mr. Oglesby and his wife also had dinner with the Mulligan Family on
Main Street during this same visit.

And yet none of the above insiders or Mr. Adkins picked up the phone or emailed Mr. Oglesby that the
Bank One Building was now going to be sold.

On what date did City Hall decide to sell the Bank One Building?

Once again Mr Adkins has stood before City Council with another of his half truths.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote acclaro Quote  Post ReplyReply Direct Link To This Post Posted: Apr 02 2014 at 5:23pm
That doesn't surprise me, as disappointing it is to say. Maybe the event planner will schedule meals at Murphy's Landing and the micro brewery at the Manchester once its due diligence has been completed.  
'An appeaser is one who feeds a crocodile, hoping it will eat him last.' - Winston Churchill
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