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AGENDA 3-15-2016

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Vivian Moon View Drop Down
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    Posted: Mar 13 2016 at 4:36pm

MIDDLETOWN CITY COUNCIL AGENDA

TUESDAY, March 15, 2016

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

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

2. ROLL CALL

3. CITIZEN COMMENTS, GUESTS, ORGANIZATIONS’ REPORTS Tim Abbott, Duke Energy

4. CITY MANAGER REPORTS

5. 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: March 1, 2016

(b) Confirm Personnel Appointments: Gerry Burris- Part-time Wastewater Treatment Plant Manager Omer Hurlburt, Shawn McIntosh, Christopher Butler, Michael Mieczykowski- Firefighter

(c) Receive and File Oaths of Office: Barbara Bradley, Deborah Lindsey

(d) To request approval of a contract for the maintenance of the Gateway project, located at the intersection of I-75 and SR 122, from Grounds Elite, LLC, of Hamilton, OH, in the total amount of $56,133.

COUNCIL COMMENTS

 LEGISLATION

1. Resolution No. R2016-06, a resolution authorizing an agreement granting tax abatement to Liberty Spirits, LLC for redevelopment of 1357 Central Avenue in the Downtown Middletown Community Reinvestment Area. (2nd Reading)

2. Ordinance No. O2016-06, an ordinance establishing a procedure for and authorizing an amendment to the contract with Burch Hydro, Inc. for the disposal of biosolids from the Waste Water Treatment Plant and declaring an emergency.

3. Ordinance No. O2016-07, an ordinance authorizing contracts for grounds maintenance for the three year period from 2016 through 2018 and declaring an emergency.

4. Ordinance No. O2016-08, an ordinance authorizing a Development Agreement with BSM Middletown, LLC and waiving water and sewer tap-in fees, and declaring an emergency.

5. Ordinance No. O2016-09, an ordinance amending the pay and benefits ordinance, Ordinance No. O2015-62, and declaring an emergency.

6. Ordinance No. O2016-10, an ordinance authorizing a contract with Milcon Concrete, Inc. for the BUT-Oxford State Road project and declaring an emergency. (No action requested until April 5, 2016)

7. Resolution No. R2016-07, 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, 2016. (General Fund) (1st Reading)

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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 13 2016 at 5:08pm

S T A F F R E P O R T    

For the Business Meeting of March 15, 2016

March 9, 2016 TO: Doug Adkins, City Manager

FROM: Cindy Strayer, Purchasing Agent

CONTRACT MOWING FOR 2016-2018

PURPOSE To request authorization to enter into a contract with three different companies for mowing of various city properties for the three year period of 2016-2018. BACKGROUND and FINDINGS The City has various properties that need to be mowed throughout the mowing season that are bid every three years. This includes the City Building, City parks, medians, as well as other City-owned properties. Bids were taken for a three year contract (2016-2018), with six vendors responding. The bids were based on 25 cuts per year, although the number of cuts per year varies, depending on the weather and various other conditions. The properties were grouped into six different groupings, and bidders were invited to bid on one or all groups. The low bid for each group is being recommended as the best bid. Following is the three year total for each grouping:

Group I Western & Co. – Middletown, OH $179,595

Group II Dailey’s Lawn & Landscaping – Dayton, OH $ 8,850

Group III Western & Co. – Middletown, OH $ 97,125

Group IV Western & Co. – Middletown, OH $144,825

Group V Grounds Elite, LLC – Hamilton, OH $142,575

Group VI Western & Co. – Middletown, OH $401,625

Western & Co. and Grounds Elite have both successfully worked for the City in the past. Dailey’s is a new company, however references have been very positive.

ALTERNATIVES The alternative would be to either not award the contracts, or to reduce the number of cuttings, which would impact the overall appearance of the areas. CONTRACT MOWING FOR 2016-2018

FINANCIAL IMPACT The three year total for all of the projects is $974,595.

The cost will be shared between four different funds as follows:

General Fund 43% $419,076

Auto & Gas Tax Fund 47% $458,059

Water Fund 4% $ 38,984

Stormwater Fund 6% $ 58,476

EMERGENCY/NON EMERGENCY

Emergency legislation is requested so the companies can begin to prepare for the mowing (hiring employees, etc.) which should start in April. cc: Les Landen, Director of Law Scott Tadych, Director of Public Works and Utilities Jacob Burton, Director of Finance Ron Phelps, Public Works Supt. Amy Schenck, Clerk of Council File k:\CITY MANAGER-March 15, 2016\Contract Mowing

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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 13 2016 at 5:22pm

How can City Hall legally use money from the WATER FUND and the STORMWATER FUND to mow grass?

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Post Options Post Options   Thanks (0) Thanks(0)   Quote middielover Quote  Post ReplyReply Direct Link To This Post Posted: Mar 14 2016 at 6:45am
They do it just to give you something else to gripe about Vivian.
Everything thing they do is illegal. Right?
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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 14 2016 at 9:44am

Middielover: They do it just to give you something else to gripe about Vivian.
Everything thing they do is illegal. Right?

Middielover
Maybe you can explain to me how we became “Slumville USA”?
Oh, I forgot..”they were asleep at the wheel”.
Maybe you can explain to me where all the money from various funds has disappeared over the past 30 years and yet we have still not seen any improvements in these areas of the budget?
Oh, I forgot again..”we don’t talk about the past”.

However I’m sure that you and them boys down at City Hall can tell me the definition of “Slush Fund”. Right?

 

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Post Options Post Options   Thanks (0) Thanks(0)   Quote spiderjohn Quote  Post ReplyReply Direct Link To This Post Posted: Mar 14 2016 at 10:02am
interesting how the admin enablers like middielover go negative with their cyber-bullying and attempted insults/intimidation---

so middielover:
do you live in middletown?
do you own a business in middletown?
if so, have you recieved any granted funding arranged by admin or the state/feds?
what do you do to contribute to the community?

side note:
any talk on the school board member photographed actively disrupting the Trump rally over the weekend?
hardly the conduct you might expect from someone "promoting peace" imo

lol--we love our drama!
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processor View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote processor Quote  Post ReplyReply Direct Link To This Post Posted: Mar 14 2016 at 10:05am
Spider,
Which School Board member?
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Analytical Quote  Post ReplyReply Direct Link To This Post Posted: Mar 14 2016 at 10:48am
What's the city's additional negative fiscal impact if 100+ more planned residential structures are demolished over the next three years?  Is it legally permissible to use certain dedicated city funds for this purpose?
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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 14 2016 at 11:00am

Processor:

Michelle Novak, a Middletown school board member, was one of the organizers of the protest. She said the goal of the protest was to speak their opinions and promote peace and love, and “that’s not his message at all,” she said of Trump.

“I feel like he’s trying to use scapegoats, the weakest people in our community,” she said. “Putting the spotlight on them and telling people they’re the problem.”

Novak, an American Muslim and first-year board member, said Trump never addresses issues or presents fresh ideas.

She said social issues have been “brought to the surface” throughout Trump’s campaign. Now, she said, it’s the country’s responsibility to fix the problems or leave them for the next generation.

“We knew it and now the whole world knows it,” she said.

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Post Options Post Options   Thanks (0) Thanks(0)   Quote acclaro Quote  Post ReplyReply Direct Link To This Post Posted: Mar 14 2016 at 11:18am
Wow, how disgraceful. Novak should be protesting the anemic performance of Middletown school district than following the pockets of George Soros and moveon.org.

I disdain the GOP establishment, which Butler Cty epitomizes. I know Trump is the only running candidate that can bring down the GOP corruption and restore America. Predictions- Trump over Gov K. Mulligan wins state rep. Park passes. The dairy farmer wins Boehner's seat easily.

America has gone to hell, and Middletown was 20 years ahead, setting the curve.

Novak is an unsettling example of how far Middletown has fallen, and the leadership. We would assume Bernie is her guy.

Roll Trump, roll.
'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 VietVet Quote  Post ReplyReply Direct Link To This Post Posted: Mar 14 2016 at 12:06pm
Novak. something you should learn.

Ina public roll by running and winning an elected office, you are always in the spotlight as to the choices you make, be they school board decisions or decisions made in your personal life. You don't have to be an office holder or have run for office to know that.

You put on some Muslim clothes, adopt the Muslim faith and that's fine, UNTIL, you intertwine your faith with the role of a public servant who is suppose to be representing ALL of your constituents, be they Muslim or of another faith. You need to learn to remain neutral while on the school board. When you are voted off, hopefully in the next election, you can wear your religion on your sleeve as a private citizen. It is a shame you haven't shown us that you have as much enthusiasm for improving the lousy Middletown schools as you seem to have at protesting what you believe to be wrong and being the leader of the protest as well. Perhaps you could take your performance up a notch or two on school board before hammering on people like Trump.

Now that I know your true self, I am sorry I gave you my vote last election. I did that for all new people on the board as I wanted people like Katie McNeil and the Tyus's of the world off in lieu of new blood. My vote won't be coming your way again. I hope others will join me as well in keeping you off the board in the future.
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 Factguy Quote  Post ReplyReply Direct Link To This Post Posted: Mar 14 2016 at 1:43pm
On the contrary, Ms. Novak will be great for MCSD. She'll round up 10,000 Syrian refuges to come to Middletown to fill the school and increase federal and state funding.  
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Post Options Post Options   Thanks (0) Thanks(0)   Quote VietVet Quote  Post ReplyReply Direct Link To This Post Posted: Mar 14 2016 at 2:05pm
Originally posted by Factguy Factguy wrote:

On the contrary, Ms. Novak will be great for MCSD. She'll round up 10,000 Syrian refuges to come to Middletown to fill the school and increase federal and state funding.  



Watta ya want me to tell you Factguy......The European nations and others don't want the Syrian refugees and Middletown can ill afford the take care of them either. Too late anyway. All the Section 8 overload beat them to this town. It would be the poor low income people of Middletown coupled with this cash starved city trying to fund the care of people who have even less. What a situation to behold. The last thing this school system needs is more dumbing down.

No, the woman's got to go. We can see now what is important to her.   
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 spiderjohn Quote  Post ReplyReply Direct Link To This Post Posted: Mar 14 2016 at 3:19pm
Well-- we have plenty of low end housing and vouchers available + it would probably up our school test scores
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Post Options Post Options   Thanks (0) Thanks(0)   Quote processor Quote  Post ReplyReply Direct Link To This Post Posted: Mar 14 2016 at 4:04pm
Acclaro,
I agree that it's a disgrace that an elected official not only participated but was one of the organizers of the protest.  She is to represent all of her constituents and not just the 30% of so who may believe that Trump is evil incarnate.  This does not bode well for any substantial changes that will improve the District's performance.

Acclaro,
The only thing I disagree with you on is that I think that Cruz would also be a good disruptor to the Republicans.  I'm hoping that Cruz pulls it out since I'm just not sure what Trump's positions really are.  I know what Cruz wants to do and I agree with 90% of it.  Regardless, it's time that the Republican establishment is brought down as they are nothing other than Democrat lite.

I'm hoping that the Dairy farmer is not our rep, but I would be surprised if he is not elected.  I'm hoping that its Davidson...but I'm probably in the minority.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote spiderjohn Quote  Post ReplyReply Direct Link To This Post Posted: Mar 14 2016 at 5:23pm
hey--the school board lady was probably off the clock when she was screaming for the cameras
no issue with her extracurricular activity--I don't like Trump either
imo he belongs on the same Dem ticket with Hilary--they are already cronies and on the other's payroll/service lists
she sells it--he buys it--all to line their pockets at our expense
people SHOULD be rioting in the streets over the reality that these two bsers are the option
if the school board lady acts similar at Clinton rallies, then I agree with her

jmo

https://youtu.be/tPzUiHxvut8
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Post Options Post Options   Thanks (1) Thanks(1)   Quote whistlersmom Quote  Post ReplyReply Direct Link To This Post Posted: Mar 14 2016 at 9:44pm
I don't believe that water fund or storm water fund can legally be used for mowing. Since these are the only funds council can raise rates without a vote of the citizens, they use them illegally as slush funds. Remember last year when they used water and sewer funds to pave streets. I don't believe that the Auto and Gas Fund, that can only mow medians and shoulders of roads, would be 47% of the mowing in Middletown. Remember that the last council voted not to use the Auto and Gas Fund for street repair (the only legal use for the fund). Since the Auto and Gas Fund has been misused for the last eight years, council should be forced to repay the $4m a year out of their pockets. At $4m per year times 8 years would be $32m and with council's 2.5 times reimbursement would be $80 million. That would be enough to start on our streets, especially if they used the future Auto and Gas Fund ($4m per year) for our streets (as legally required). Can we expect the last council to pay the $80m within the next 30 days? Also council billing for street lights that the citizens have been paying for the last 100 years, is out of the question. Saying that the city government pays now is untrue, since the money they are using IS OUR TAX DOLLARS. If this is incorrect please show us your personal cancelled check. Of course council wants us to pay twice or three times for everything. Look at our streets, (half of the income tax was earmarked for streets, the Auto and Gas Fund can only be used for streets and one mill of our property tax can only be used for street repair) yet if you want your street repaired, you'll have to get together with your neighbors and pay out of your pockets.
Remember that none of the income tax is being used for its original purpose.
We are overpaying for water, sewer and trash and these enterprise funds are being misappropriated.
Where was all the money spent and for what? It certainly didn't improve the city.
Remember the safety levy that guaranteed no layoffs. Once it was made permanent the layoffs began. Thanks council for making Middletown the highest crime area in the state and some of the lowest performing schools. Just what people and businesses are looking for in a new place to locate.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote processor Quote  Post ReplyReply Direct Link To This Post Posted: Mar 15 2016 at 9:38am
Hi Spider,
I gotta disagree.  The lady is never off the clock and represents the Middletown City School district everywhere she goes.
Whether you personally like, or dislike, Trump is irrelevant.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote spiderjohn Quote  Post ReplyReply Direct Link To This Post Posted: Mar 15 2016 at 11:15am
ok ok jmo

prediction:

after arm twisting, threats and intimidation, the fix is in
admin and enablers get their way again--they play we pay for it
more taxes not to be paid in an area draining the community

probably 4-1----maybe 3-2 or 5-0

the song remains the same
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Post Options Post Options   Thanks (0) Thanks(0)   Quote processor Quote  Post ReplyReply Direct Link To This Post Posted: Mar 15 2016 at 11:38am
Spider,
Looks like some good concerts this spring/summer.  Tommy Castro at the 20th Century.  Bob Dylan at the Fraze and Bonnie Raitt at the Fraze.  Hopefully this is just a start as last year was a bit lean on the music front.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote spiderjohn Quote  Post ReplyReply Direct Link To This Post Posted: Mar 15 2016 at 11:45am
DO NOT miss the free show this coming Monday 6-8pm at verity lodge
This duo is as good as it gets--they made one cd which was up fir a Grammy this year.
The 22yo is going to be huge
I called it with Chris Stapleton when he could have been booked for $5000(now $75000)

Also a super lineup this Friday at Finkleman
As cool as middietown will ever get
Support the arts!
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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 15 2016 at 11:47am
I contacted Jake Burton, director of finance concerning the use of Enterprise Funds for the mowing contract.

Ms. Moon,

The Water Fund is used because there will be mowing of the Water Treatment Plant and wellfields.

The Stormwater Fund is used because there will be mowing of the detention and retention basins as well as the storm water outfalls. 

Thank you,

Jake Burton

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Post Options Post Options   Thanks (0) Thanks(0)   Quote VietVet Quote  Post ReplyReply Direct Link To This Post Posted: Mar 15 2016 at 12:49pm
"Tommy Castro at the 20th Century"

Hey, I like electric blues music. Listen to Tommy Castro on You Tube all the time. Wish I could go but other things take priority.
I'm so proud of my hometown and what it has become. Recall 'em all. Let's start over.
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