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AGENDA 10-18-2016

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Vivian Moon View Drop Down
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    Posted: Oct 13 2016 at 6:38pm

MIDDLETOWN CITY COUNCIL AGENDA

TUESDAY, October 18, 2016

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

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

2. ROLL CALL

3. PRESENTATION- Auditor of State Award with Distinction Joe Braden, Auditor of State’s Office

4. PUBLIC HEARINGS Zone Change Case #1-16: A request by applicant Jeff Faulkner, Trustee requesting approval to re-zone the property located at 2000 Germantown Road, Middletown, Ohio 45042, Parcel ID: Q6511070000021, approximately 14.5064 per the Butler County Auditor from I-1 (Industrial Park District) to C-2 (Roadside Commercial). Zone Change Case #2-16: A request by applicant Jeff Faulkner, Trustee requesting approval to re-zone the property located at 2400 Carmody Boulevard, Middletown, Ohio 45042, Parcel ID: Q6511061000006, approximately 1.9169 per the Butler County Auditor from I-1 (Industrial Park District) to C-2 (Roadside Commercial).

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: October 4, 2016

(b) Receive and File Board and Commission Minutes: Park Board- August 1, 2016 Library Board- August 16, 2016 Historic Commission- August 25, 2016 Board of Zoning Appeals- September 7, 2016

(c) Receive and File Oath of Office: Bradley Sorrell

(d) Approve the purchase of 12 sets of firefighting gear from Phoenix Safety Outfitters of Springfield, Ohio, in the amount of $32,328.

COUNCIL COMMENTS

 

LEGISLATION

1. Ordinance No. O2016-36, an ordinance repealing Chapter 418 (Automated Traffic Control Photographic System) of the Codified Ordinances of Middletown. (2nd Reading)

2. Ordinance No. O2016-37, an ordinance authorizing the City Manager to consent to the City of Middletown participating in the Ohio Department of Transportation Bridge Inspection Program. (2nd Reading)

3. Ordinance No. O2016-38, an ordinance establishing a procedure for and authorizing a contract with Civica CMI for public safety software. (2nd Reading)

4. Resolution No. R2016-38, a resolution authorizing the purchase of certain real property, approximately 3.9 acres located on Hook Dr., and declaring an emergency.

5. Ordinance No. O2016-39, an ordinance changing the zoning classification for approximately 14.5064 acres of land located at 2000 Germantown Road and approximately 1.9169 acres of land located at 2400 Carmody Boulevard to a C-2 (Roadside Commercial District). (1st Reading)

6. Ordinance No. O2016-40, an ordinance establishing pay ranges, pay policy and benefits for various salaried and hourly classifications within the service of the City. (1st Reading)

7. Ordinance NO. O2016-41, an ordinance establishing pay ranges and certain benefits for employee classifications in the Middletown Department of Health and Environment. (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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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: Oct 13 2016 at 7:08pm

RESOLUTION NO. R2016-38

A RESOLUTION AUTHORIZING THE PURCHASE OF CERTAIN REAL PROPERTY, APPROXIMATELY 3.9 ACRES LOCATED ON HOOK DR., AND DECLARING AN EMERGENCY.

WHEREAS, the City wishing to purchase certain real property for the development of infrastructure and support of the strategic development program for the airport; and

WHEREAS, an offer has been verbally accepted by the seller, DJP Enterprises;

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Middletown, Butler/Warren Counties, Ohio that: Section 1 The City Manager is authorized to enter into a contract to purchase property from DJP Enterprises identified as parcel number Q6511026000021 as listed by the County Auditor. The contract shall be in a form substantially similar to Exhibit “A”, attached hereto.

Section 2 For said purposes the Director of Finance is authorized and directed to expend a sum not to exceed $100,000.00 from the following funds:

Property Development Fund (Fund #499) in the amount of $50,000, which such sum is hereby appropriated to the accounts of 990 (499.990.52480);

and General CIP Fund (Fund #220) in the amount of $12,500, which such sum is hereby appropriated to the accounts of 671 (220.671.54540);

and Storm Water CIP Fund (Fund #415) in the amount of $12,500, which such sum is hereby appropriated to the accounts of 811 (415.811.54501);

and Water CIP Fund (Fund #494) in the amount of $12,500, which such sum is hereby appropriated to the accounts of 631 (494.631.54530);

and Sewer CIP Fund (Fund #495) in the amount of $12,500, which such sum is hereby appropriated to the accounts of 631 (495.631.54540).

Section 3 This resolution is declared to be an emergency measure necessary for the immediate preservation of the public health, safety and general welfare, to wit: to meet deadlines of the seller and shall take effect and be in force from and after its adoption.

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Post Options Post Options   Thanks (0) Thanks(0)   Quote Vivian Moon Quote  Post ReplyReply Direct Link To This Post Posted: Oct 18 2016 at 7:06am

S T A F F R E P O R T

For the Business Meeting of October 18, 2016 October 3, 2016

TO: Douglas Adkins, City Manager

FROM: Jennifer Ekey, Economic Development Director Prepared by Matt Eisenbraun, Economic Development Asst. Director

PURPOSE To authorize the City Manager to enter into a contract for the purchase of property owned by DJP Enterprises located on Hook Dr, and appropriate $100,000 from the following funds:

499.990.52480 ($50,000) Property Development

220.671.54520 ($12,500) General CIP

415.811.54501 ($12,500) Storm Water CIP

494.631.54530 ($12,500) Water CIP

495.631.54540 ($12,500) Sewer CIP

The assessed value of parcel number Q6511026000021 is listed by the County Auditor as $28,670.

BACKGROUND and FINDINGS The property purchase is being undertaken in order to provide a public entry point for employees, visitors, and underground utilities to the western areas of Middletown Regional Airport. Developing the western areas of the airport is part of the strategic development plan for the airport and also fits within the City’s plans for financially stability through job creation. A separate entry point for the companies that will locate on the western side of the airport fits within the security and safety protocols of the Federal Aviation Administration and will also support the development of Hook Business Park and properties along Carmody Dr. The property has received a Phase I Environmental Assessment and no potential environmental hazards were identified. The offer has been verbally accepted by the seller. The balance of the unused property can be sold, used as part of an incentive package, and or used by the City for internal needs.

Purchase of Property Hook Dr.

ALTERNATIVES The alternative would be to not approve the contract and appropriation of the funding. The site is currently vacant and is the on the market for development.

FINANCIAL IMPACT The purchase price of $100,000 will come from Economic Development Property Maintenance ($50,000) and Capital Improvement Plan ($50,000).

EMERGENCY/NON EMERGENCY Emergency – Current owner is leaving town for several months and would like to finalize before he departs. DEPARTMENTAL CLEARANCES Law Department Finance Department

ATTACHMENT Aerial View Term Sheet

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Post Options Post Options   Thanks (0) Thanks(0)   Quote What A City Quote  Post ReplyReply Direct Link To This Post Posted: Oct 18 2016 at 8:46am
This city continues to be involved in real estate transactions despite the on again/off again claims from city officials that they should get "out of the real estate business" How often have we heard that in the past?....and how often has it been dismissed?

If the airport were strictly a private endeavor with no city involvement, the development and money would obviously be from the private sector. Different scenario for downtown. It is a private sector development where the city, using taxpayer money, continues to be involved, buying buildings based on speculation, hoping they will produce a viable buyer to bolster their beloved downtown.

The city needs to turn around and back out of the airport scenario and downtown developments and turn it over to the private sector, supplying supporting regulations to help the fledgling businesses start-up and prosper as the only role played.

How much property has been purchased by the city, and of those properties purchased, how many have we seen no progress or actual development accomplished? The Rose building, the Manchester, most of the Thatcher package buildings, the Studio, the old Hobby Lobby, the old Journal building......we know where these stand as to completion. Not a great track record given the time that has transpired.

On the good side of news, I do like the recent article where the city manager has told the problem property owners to abide by the ordinances or "get out". My kind of language Mr. Adkins. Would apply to habitual problem children who are constantly breaking the law or medical help/repeat drug offenders here too IMO. The city has enough problems without taking time to cater to those who can't seem to get with the program on proper society behavior. Finally, a city manager who sees it right and actually wants to see action to correct it. How refreshing.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote spiderjohn Quote  Post ReplyReply Direct Link To This Post Posted: Oct 18 2016 at 10:21am
OK
Appraised @ $28k
"We" pay close to $100k and raid misc funds for that much?
And an entitled downtown enabler or "friend of council/admin" probably gets it for $1 + rehab $$$?

Things never change.....

When will admin hold accountable those with 5th/3rd, Rose, Manchester, old library etc?
Me.coon has yet to do anything for us IMO other than take property and $$
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Vivian Moon Quote  Post ReplyReply Direct Link To This Post Posted: Oct 18 2016 at 10:29am

IS IT LEGAL TO USE ENTERPRISE FUNDS TO PURCHASE PROPERTY?

We have discussed this question several years ago during the Duncan Oil deal when Miss Judy purchased several properties with Downtown Funds and later transfer the Office Outfitters property to the Storm Water Fund so she could replenish the money {$100,000} into the Downtown Fund. The justification for this legal transfer was the property would later be used as a retention pond for storm water. This is one fund being used for the purchase one property…if the property is ever sold the entire amount should be returned to the Storm Water Fund.

This is not what is being proposed in the above legislation.
Why is City Hall purchasing this property?
What didn’t they just get a right of way for the road from the owner of this property?
Why are they using so many different funds to purchase this property?
The staff report states that “the balance of the unused property can be sold, used as part of an incentive package, and or used by the City for internal needs.
If the unused property is ever sold will these funds be reimbursed?

It is my opinion that this legislation needs to be removed from EMERGENCY LEGISLATION until the public and council members have time to do further research on this legislation.


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Post Options Post Options   Thanks (0) Thanks(0)   Quote Vivian Moon Quote  Post ReplyReply Direct Link To This Post Posted: Oct 18 2016 at 10:37am
PARID: Q6511026000021
DJP ENTERPRISES LLCHOOK DR

TaxyrLand ValueBuilding ValueTotal Appraised ValueLand (35%)Building (35%)35% Total AssessedCAUV
2015$81,900$0$81,900$28,670$0$28,670$0
2014$81,900$0$81,900$28,670$0$28,670$0
2013$81,900$0$81,900$28,670$0$28,670$0
2012$81,900$0$81,900$28,670$0$28,670$0
2011$81,900$0$81,900$28,670$0$28,670$0
2010$81,900$0$81,900$28,670$0$28,670$0
2009$81,900$0$81,900$28,670$0$28,670$0
2008$81,900$0$81,900$28,670$0$28,670$0
2007$81,900$0$81,900$28,670$0$28,670$0
2006$81,900$0$81,900$28,670$0$28,670$0
2005$81,900$0$81,900$28,670$0$28,670$0

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Post Options Post Options   Thanks (0) Thanks(0)   Quote Vivian Moon Quote  Post ReplyReply Direct Link To This Post Posted: Oct 18 2016 at 10:42am
PARID: Q6511026000021
DJP ENTERPRISES LLCHOOK DR
Sales

Sale DateSale TypeSale AmountTrans #SellerBuyer
27-OCT-08LAND$40,000.009940BSS REALTY CO INC ETALDJP ENTERPRISES LLC
22-SEP-00LAND & BUILDING$.00-3873WISE-BLAKE ENTERPRISESBSS REALTY CO INC ETAL
01-AUG-91LAND$1,000,000.00
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Vivian Moon Quote  Post ReplyReply Direct Link To This Post Posted: Oct 18 2016 at 10:42am
PARID: Q6511026000021
DJP ENTERPRISES LLCHOOK DR

Tax YearActionCodeDateProject #1st Half2nd halfPrior Year
2015PAYCHG15-AUG-160.00-1,063.00.00
2015PAYSAC15-AUG-16519000.00-70.96.00
2015PAYSAC15-AUG-16519020.00-23.22.00
2015PAYSAC15-AUG-16935650.00-212.46.00
2015PAYCHG02-MAR-16-1,063.000.00.00
2015PAYSAC02-MAR-1651900-70.960.00.00
2015PAYSAC02-MAR-1651902-23.220.00.00
2015PAYSAC02-MAR-1693565-212.460.00.00
2015DUPADJ13-JAN-161,063.001,063.00.00
2015DUPSAC13-JAN-165190070.9670.96.00
2015DUPSAC13-JAN-165190223.2223.22.00
2015DUPSAC13-JAN-1693565212.46212.46.00
Total:0.000.00.00

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spiderjohn View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote spiderjohn Quote  Post ReplyReply Direct Link To This Post Posted: Oct 18 2016 at 10:46am
Here we go again......
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Vivian Moon Quote  Post ReplyReply Direct Link To This Post Posted: Oct 18 2016 at 11:01am
Spider
The WATER BILL has become a SLUSH FUND.
City Hall wants to add $10 a month to our water bill so we can pay for the seperation of sewers and new water lines
while they raid the funds to purchase property...Oh we have heard this story before...
Remember in the old days we had cheap water bills because part of the income tax was used to keep these rates low.
Then they changed the water bill rates so we could put money away for the seperation of the sewers....OOOPS!


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Post Options Post Options   Thanks (0) Thanks(0)   Quote Douglas Adkins Quote  Post ReplyReply Direct Link To This Post Posted: Oct 18 2016 at 11:06am
I'll see if I can unpack these and answer some of these questions. If you look at the workbook, the $28K was the Auditor's 35% taxable amount. Not well stated in the staff report. If you look at the term sheet, we had Gem Real Estate perform a commercial appraisal which valued the property at $115K as is. We are purchasing it for $15 under appraisal.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Douglas Adkins Quote  Post ReplyReply Direct Link To This Post Posted: Oct 18 2016 at 11:17am
We are purchasing the property to get access to the west side of the airport for development of about 15 additional acres on the airport grounds. Right now it is landlocked and can't be developed.

The only reason it is being purchased is to provide access for road construction and the addition of water, sewer and storm water sewer infrastructure to the area. Because we are purchasing it for that purpose, it is completely appropriate to utilize those funds for that purchase.

I know you all are often looking for all the illegal things you think we are doing. Look at the presentation on tonight's agenda at number 3. The State Auditor is giving us an award with distinction because our books are so clean and well documented. No unauthorized or even questionable costs found after an extensive state audit.

If you want to make the argument that policy-wise, this is a bad idea, that is a logical argument. I disagree with that argument because I think we should be utilizing these funds for the addition of infrastructure that allows further development and new jobs in the city.

I'll remind you all again that every new business built at the airport and on the east end not only brings new jobs and income tax, but they also pay water and sewer fees that allows us to spread the coming large costs over more users.

We haven't hidden the ball here. City Council has been in the loop on this one for several months. This is consistent with economic development goals and the airport plan.

There's nothing illegal or unethical at all in this purchase. Again, if you believe it is a bad idea, that is different than being illegal or unethical.

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Post Options Post Options   Thanks (0) Thanks(0)   Quote Douglas Adkins Quote  Post ReplyReply Direct Link To This Post Posted: Oct 18 2016 at 11:18am
$15,000, not $15 ....
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Vivian Moon Quote  Post ReplyReply Direct Link To This Post Posted: Oct 18 2016 at 11:29am
Mr. Adkins
Please provide several examples where Enterprise Funds have been used to purchase property in recent years.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Analytical Quote  Post ReplyReply Direct Link To This Post Posted: Oct 18 2016 at 12:29pm
It seems so very convenient to blame everything on Judy G. now!  Of course, the former Community Revitalization Director had little input regarding the numerous boondoggles going back 7.5 years?  Go figure!
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Post Options Post Options   Thanks (0) Thanks(0)   Quote swohio75 Quote  Post ReplyReply Direct Link To This Post Posted: Oct 18 2016 at 1:43pm
Doug I am more curious about the detail provide in the staff report on the Faulkner property which references a long term strategic plan for the airport to expand into Smith Park.

Does that mean the potential loss of public park land in the future?

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Post Options Post Options   Thanks (0) Thanks(0)   Quote Vivian Moon Quote  Post ReplyReply Direct Link To This Post Posted: Oct 20 2016 at 7:04am
I have just finished watching this week’s council meeting and was surprised that Mr. Adkins spoke out so strongly to council members about my comment about using Enterprise Funds to purchase the property on Hook Drive. He stated that this is the same method that they use to acquire right-of-way. Yep, and that is why I ask the question about using these funds to purchase property. I do not remember City Hall ever using Enterprise Funds before to purchase property using this method.

Then Mr. Adkins went on to say that this was the same person [that be me] that called HUD on several occasions to make complaints against the city. However he implied that these were petty complaints without merit. Yes, I have contacted HUD on several occasions concerning the Section 8 Program and local landlords. The complaints must have had some merit because HUD moved the program to Butler County. The lawsuits concerning these complaints are still before the courts.

The last time I called HUD concerned the Ohio Moving Forward Grant. In the council workbook Mr. Adkins was going to submit legislation the next day to council members using HUD Funds as matching money for the Ohio Moving Forward Grant.
This was an illegal transaction. HUD notified the city and the legislation was removed from the agenda that week and later rewritten using a different matching funding source.


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Post Options Post Options   Thanks (0) Thanks(0)   Quote Douglas Adkins Quote  Post ReplyReply Direct Link To This Post Posted: Oct 20 2016 at 8:05am
There are no lawsuits before the court regarding MPHA.

Being a watchdog is one thing. Stating false facts is another. When we saw that Moving Ohio Forward could not use HUD funds as a match, I looked for ways to get things done within the regulations of both programs. We were going to buy a fire engine that year with General Fund money. HUD funds may be used to purchase public safety equipment.

I called HUD and asked if I could buy the fire engine under the appropriate regulation and then told them that my intent was to free up general fund money for the match for Moving Ohio Forward. HUD said they were only responsible for the use of HUD funds and that as long as the HUD funds purchased the fire engine, which was a legal purchase, they considered the matter closed.

I then called Moving Ohio Forward and told them I was buying a fire engine with HUD funds to free up General Fund money to meet the match requirement for their grant. I asked if they had any concerns about that. They said as long as the match comes out of a non-HUD account, they weren't concerned with how the money got into the proper account.

We bought the fire engine with HUD funds, used the GF fire engine money as the match for Moving Ohio Forward and got on with life. Both programs have been audited and were found to be in compliance with the regulations and grant requirements.

I don't hide the ball. I tell you what I'm going to do up front. I told them what I was doing up front. Our budgets are online. Our quarterly reports are online. Our checkbook is online.

Ask yourself this question... do you think I would knowingly put the salary I am making and my law license in jeopardy by doing illegal, unethical or financially inappropriate things? What is the upside for me doing that? That is simply not going to happen.

If you don't like the policy or decision, that is a legitimate discussion. Intelligent people often disagree about a correct course of action. That's completely different from being illegal, unethical or financially inappropriate.

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Post Options Post Options   Thanks (0) Thanks(0)   Quote Douglas Adkins Quote  Post ReplyReply Direct Link To This Post Posted: Oct 20 2016 at 8:13am
swohio75 -

I know just enough about this to be dangerous. I have seen two different sets of drawings regarding the airport and the Smith Park area. One had them clearly separated and one had Smith Park carved out as part of the airport property.

When I was up in Detroit visiting the FAA about a year ago, they raised this discrepancy and said at some point, we all needed to determine what was legally correct and clean up the process.

As we are in the early stages of updating our Airport Layout Plan with FAA, this issue should get more attention next year some time.

I don't know if there is a problem or not at this point. We'll keep the public informed as we learn more.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Analytical Quote  Post ReplyReply Direct Link To This Post Posted: Oct 20 2016 at 10:45am
Middletonians should be ever grateful for having a governmental watchdog such as Vivian Moon.  She seeks only good, open, honest and cost-effective governance, not personal monetary gain or enhanced prominence.  She is her own person. She is not on a quest for power and is thorough in her research of issues/problems .

The money-shuffling associated with the Ohio Moving Forward devastation of portions of Ward 2 says so much.  It will take many years for the remaining housing stock and its' moderate-income population to see any appreciable improvement.

Vivian Moon also has voiced concerns after researching wasteful HUD spending policies for downtown re-vi-tal-za-tion boondoggles.  I remember two plus years ago when she aptly forecasted that this mess would be obliquely attributed mostly to Judy Gilleland.

Vivian Moon is an asset to the people of Middletown.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Vivian Moon Quote  Post ReplyReply Direct Link To This Post Posted: Oct 20 2016 at 10:47am
"There are no lawsuits before the court regarding MPHA."

Mr. Adkins I believe the MPHA case before the Federal Appeals Court is still pending.

Then we have the lawsuit against the City by Jeff Faulkner that still has not been settled. 


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Post Options Post Options   Thanks (0) Thanks(0)   Quote spiderjohn Quote  Post ReplyReply Direct Link To This Post Posted: Oct 20 2016 at 4:53pm
Mr.A, I like you, trust you and want to believe in your direction.
However--I thought that you took a very cheap shot at Ms.Moon in front of Council, the audience, the camera and the internet world(not unlike council members, past council members, admin staff and the internet sniper trolls like middiemom)

I know Ms.Moon and have read years of her posts and info along with many conversations. I find her honest, informative  and truly caring about this community. I trust her findings far more than I trust what I have been fed for years by Concils and admin staffers. Former staffers and their comments/statements have been very misleading and basically incorrect/borderline(?) dishonest over the last few decades. Donham has largely created the predicament of bureaucratic distrust--not the musa posters.

Reminds me of Obama's backhand way of twisting facts to take a vicious shot at those not in his favor.

Youcan do much better, my friend 

jmo
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Post Options Post Options   Thanks (0) Thanks(0)   Quote over the hill Quote  Post ReplyReply Direct Link To This Post Posted: Oct 20 2016 at 6:59pm
Well it does make you wonder why HUD did the investigation and why they were told to move the vouchers to Butler and Warren county or face prosecution. It was all spelled out in the memorandum of understanding and voluntary compliance that stated the noncompliance and charges they could face if they did not comply.
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