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whistlersmom View Drop Down
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Journal-News articles of interest concerning Kettering rezoning request … annotated in red:

Middletown planners deny Kettering Health Network’s rezoning request

Ed Richter Staff Writer Wed Sept. 13, 2017

MIDDLETOWN

UPDATE @ 9:14 p.m.: A request by Kettering Health Network to rezone two parcels in Middletown to develop a $30 million outpatient medical facility was unanimously denied by the city planning commission on Wednesday night.

The planning commission rejected the city planning department’s recommendation to approve the request, which would enable KHN to have eight to 20 inpatient beds and offer other hospital services.

The decision followed a 90-minute public hearing that included testimony from representatives of KHN, Atrium Medical Center and Premier Health.

The case will be forwarded Middletown City Council next month to uphold or reverse the planning commission’s decision concerning the two parcels off Ohio 122 at Union Road, less than a mile from the Atrium campus.

Richard Haas, KHN senior vice president, said the organization has spent more than $4 million on the nearly 13.7-acre site to demolish a motel that was filled with asbestos.

Haas, the only person to speak in favor of the request during the public hearing, said the request would allow KHN to admit patients overnight. He also said KHN did not intend to build an entire hospital.

When asked why the request was not made in May, when the planning commission approved the preliminary and final site development plans, Haas said, “it was in the back of our minds” but as the process has evolved, KHN officials decided to seek the rezoning.

Several Atrium representatives cited the 100-year relationship with Middletown, the $300 million investment to build the hospital as well as the city’s previous plans that Atrium would anchor a high-tech and healthcare corridor along Interstate 75.

We were concerned their plan entailed more than what they presented (in May),” said Robert Curry, an Atrium attorney.

Curry said the city’s master and comprehensive plans cited Atrium as the anchor for development and that other businesses would be diversified and complimentary to the hospital. He said KHN’s proposal would be duplicative and ignores the zoning distinctions in the city plans.

The city’s “master plan” authored mainly by Mr Adkins (who has been careful to remain behind the scenes during this controversy), was obviously written with extreme bias for the purpose of protecting Atrium from competition. No government has a legal or ethical right to favor or promote one competing business (of any sort) over another, but, shamefully, this seems a common practice. (Just another nail in the coffin of our democracy!) The restrictive zoning ordinances (if they exist) for the “high-tech and healthcare corridor along I-75” in Middletown’s Renaissance development, were also especially designed to support the desired, established bias with “hair-splitting” requirements for any unwanted competition for Atrium.

Dr. William Andrew said he was “angry” about KHN’s request because they are “someone from outside that’s coming in and hurting the institution that binds us.”

He said KHN’s request was duplicative and unnecessary and said he’d rather see that property be sold to someone else in keeping with the plan.

Andrew called this “a carefully crafted plan that was designed to inflict as much damage to Premier Health.”

Dr. Andrew is angrily accusing KHN of “a carefully crafted plan” while ignoring Middletown’s biased “carefully crafted” zoning ordinances which prevent healthy competition for Atrium. Anti-competition was pre-meditated and applied by the city to the detriment of Middletown citizens.

David Pearce, a former Middletown hospital board member, also cited the 100-year partnership with the city and noted the board’s decision to build the new hospital in Middletown was a way to “pay forward” for the community. He said the zoning was a key pillar to that decision and now that’s coming into question.

Early on, Atrium made every effort to dissociate itself from Middletown Regional Hospital, even demanding MRH’s demolition. Middletown was not Atrium’s first choice location. They agreed to stay only when Middletown gave them the land, provided all infrastructure (no charge) and sold $300 million in bonds for construction. (Does this look like bribery?) What has the community received in return for all these contributions??? Now, count the losses ... poor quality care and Atrium’s subsequent loss of local availability of major insurance coverage. Most of the insured population must go out of town for their healthcare … AK employees? Some city employees? Insured under Medicare supplement and so on! Due to this loss of market-share, Atrium/Premier is in a “fiscal pickle” of their own making!! Now they are falsely claiming that Atrium is an extension and continuation of MRH’s good reputation and 100 years of service to the community. REALLY?? Do you believe that Atrium’s supposed “partnership with the city” puts the best interest of the community above Atrium’s own? The people of Middletown do not owe them anything and it’s high time that city hall, Mr Adkins and city council recognize the fact.

Pearce also said a decision to approve the request would be fraught with “a number of unintended consequences.”

Michael Uhl, Atrium’s president, said Atrium gives a lot to the city in terms of contributions as well as a number of services and programs that benefit and support the community as well as bringing new partners to the city.

Planning commission member Todd Moore asked whether there was a maximum of eight beds approved for the request.

Michael Maiberger, Premier Health’s chief operating officer, said, “it would be a game-changer if overnight stays were allowed…. If that happened, we’d have to look at everything…. We don’t fear competition but when you have duplicative services, it will be hurtful.”

All their complaining and protest only serves to prove that their greatest fear is the competition which they are calling “duplicative services” that “will be hurtful.” Premier’s CEO, Michael Maiberger, claims (fears?) that “it would be a game-changer if overnight stays were allowed” and in the next sentence he says they don’t fear competition!?!? Which is it Mr Maiberger? True, it may be hurtful to Atrium but it would benefit the majority of Middletown’s citizens who must go out of town to get healthcare that Atrium can not provide!! This is in direct conflict with basic fair trade business practices in the USA. It screams an invitation to corruption!!!



UPDATE @ 12:35 p.m.

Middletown city officials said Kettering Health Network they were unaware of any plans to expand a proposed 63,000 square-foot facility from a planned outpatient clinic with an emergency department, diagnostic services and offices into a full-service hospital.

This was not in the plans that Kettering had shared with us initially,” said Jennifer Ekey, city economic development director. “Our first knowledge was when they made the application.”

Kettering representatives filed the rezoning request on Aug. 18 and the city received a letter dated Aug. 23 from Richard Haas, KHN senior vice president, informing them of their plans concerning the rezoning, according to city planning department records.

Ekey did not think KHN was adding more employees as the structure remains the same as approved before.

She said Atrium was notified as were the other property owners in the area through the city’s normal notification process.

UPDATE (Sept. 13):

Atrium Medical Center officials will be attending tonight’s Middletown Planning Commission meeting to share their concerns about a proposed project by Kettering Health Network, according to an Atrium spokesperson.

Michael Uhl, president of Atrium Medical Center, expressed concerns about Kettering Health Network’s rezoning request to build a full hospital in Middletown, about one mile from Atrium.

“… we share the same concerns of many others in the community regarding the impact overbuilding may have on rising health care costs,” Uhl said in a statement.

MORE: Middletown approves new $30M medical facility

When the planning commission approved variances for Kettering Health Network’s first plans in May, City Planner Ashley Combs said the Law Department had no objections to the project.

Combs said that the city worked closely with Kettering Health Network throughout the process.

Staff believes this project will be a great addition to the East End,” Combs said in May.

Kettering Middletown’s preliminary and final development plans as approved in May were expected to create 110 new jobs, including registered nurses, respiratory therapists, imaging and lab technicians and support staff.

The city staff planning department, I believe, has no authority to make decisions for the city, but their recommendation was originally FOR REZONING for Kettering. An apparent insider, swohio75, posted the following quote on MUSA, giving an (informed?) opinion explaining the probable chain of events beginning with staff at city hall ...

Oct. 10, 2017

As I said, staff's recommendation was for approval.  Assumption is that the City's Planner ran this recommendation up through the chain of command (to Adkins likely) who didn't see an issue with the recommendation.  

The decision is now in Council's hands.  I can't say why Planning Commission denied, because the Admin has decided that Planning Commission meetings are not necessary to record and broadcast on their YouTube channel as had previously been done. 


If I were a sitting council member, I would vote to rezone.  Kettering would not be able to develop a full-fledged institution on the size of parcel they purchased, and there are some serious limitations with that parcel due to its topography, electrical lines, and with much of the land to the south owned by MCS and Grace, not sure there would be enough room to expand.  

Atrium is crying wolf, in my eyes.  It's not a real threat to their business, and the development does serve a population that cannot be served by Atrium due to insurance coverage.  


No brainer to me.”  



Take note of the underlined sentence above that says “Admin has found it unnecessary to record and broadcast on YouTube” the Planning Commission meetings. That, in effect puts a shroud over more city business decision making processes and further violates the Sunshine Laws.



FIRST REPORT (SEPT. 12)

Kettering Health Network wants to rezone its site in Middletown to allow for a full-service hospital, this news outlet has learned.

The rezoning would allow Kettering Health Network to provide overnight stays for patients and other hospital-based services, according to the request.

Middletown Planning Commission will consider the request at its meeting at 6 p.m. Wednesday at the Middletown City Building.

Kettering Health Network received approval May 10 from the Middletown Planning Commission to build a $30 million facility that included only an emergency department, outpatient clinic, and medical offices at the 3400 block of Union Road, south of Ohio 122 and just off the Interstate 75 interchange.

The Middletown facility will be the ninth hospital in the Kettering Health Network system, which also includes Fort Hamilton Hospital in Butler County, as well as an emergency center in Franklin, Kettering College and more than 120 outpatient facilities in southwest Ohio.

The new Kettering Health Network facility is planned less than one mile south of Atrium Medical Center, a hospital operated by Premier Health.

The underlined quote above should be considered a half truth. The rezoning request was to allow Kettering to provide overnight service for 8 to 20 beds which, by way of comparison to Atrium’s 300+ beds, does not a full service hospital make!! Atrium/Premier is intimidated by even this minimal competition!! Had the rezoning been approved, Atrium might have been forced to negotiate insurance contracts and actually provide healthcare to the community.

"The only thing necessary for the triumph of evil, is for good men to do nothing" Edmond Burke
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The following comments made on the digital Journal News are overwhelmingly in favor of KHN. But these and other opposing viewpoints are routinely well hidden or ignored and the opposition is never interviewed nor has an opportunity to have an opposing opinion published.

29 comments

Susan Hayes Christianfrom FacebookSep 13, 2017

As a former Atrium employee ( & MRH pre-Atrium, 1994-2008) who is insured through my husband's UHC policy via AK retirees' plan, I preferred to receive our healthcare locally whenever possible. I appreciated the feeling of receiving more personal care from coworkers & caregivers who were also neighbors. Unfortunately Premier/Atrium has decided NOT to accept our AK provided insurance. Their decision makes me welcome the possibility of receiving quality care from a nearby Kettering facility without having to travel outside my community. Rejecting the insurer of our town's largest employer makes Atrium/Premier more vulnerable to local competition from another healthcare provider.

Susan Hayes Christian from FacebookSep 13, 2017

We need easy healthcare access in our community for AK employees & retirees. If Atrium/Premier don't want our business/insurance coverage I'd appreciate a local Kettering option. Premier's choice to reject us.

FurlongGates Sep 14, 2017

Since the city has such a great 100+ year relationship with Atrium/Premier, maybe they can ask them to approve a contract with UMR so the Miami University employees can use Atrium instead of going to outside hospitals such as Kettering and Mercy.  If they're not willing to do that - then let Kettering build. What's more important people or money? THAT'S HYPOTHETICAL!!  

Rose Back from FacebookSep 14, 2017

Middletown shame on you. This summer my child got a ESR infection from swimming Swimmers ear but it was hurting her so bad I chose to take her to E.R .Atrium walked in the door to A Zoo a line and waiting room packed and shirt staffed ..we left went right up the road to Kettering health Network ..Went right in and in one hour walked with medication easy breezy Will continue to deal with them .Atrium us substandard and has always been.

Ratmandu Sep 14, 2017

This is straight out politics ! This is the city taking care Atrium ! I don't know why because Atrium sold the city out and joined the Dayton Miami Valley Hospital Atrium Network ! Kettering Hospitial Network is far better and would kill Atrium and the city knows it ! That's why they are going to prevent them from putting in a full service Hospital with patient stay rooms. An Emergency Care Center they could not prevent but a Hospital they think they can. Pathetic self serving political move to be sure !



John James rom FacebookSep 16, 2017

Why is atrium afraid to have some competition? They don't take my insurance so I can't use them anyway, however Kettering does honor my insurance

Karen Smith from FacebookSep 16, 2017

I don't know why atrium would have any say so in this, Middletown needs another hospital. When atrium won't take insurance from its own people then get someone who will. They are afarid they will lose money, they probably are now, not taking United health Care. Atrium has not had any competition it's time they should. maybe they would let our doctors work there again. It's a shame we get admitted to our hospital and can't have our doctors. I hope Kettering gets what they want or need. Stay out of it atrium it's none of your business. Wake up city of Middletown do the right thing. Kettering if. Middletown keeps go outside the city limits and build whatever you want, Trenton would be a good place to build.



Tyler Cheathan rom FacebookSep 14, 2017

Good! Shut that sh*thole across the street down!



PapawEarl Sep 14, 2017

Agree! Let's make it clear though that there is no Atrium Network. Atrium is just the name of the hospital once known as Middletown Regional Hospital and Middletown Hospital before that. It was almost as if they didn't want the new digs to be associated with a dying city. A dying city that at one time was the backbone of that hospital! Middletown Hospital made a lot of $$ from Armco, Aeronca, Black-Clawson and many other companies that have dwindled away over the past 30 - 40 years. So, while the city died Atrium moves on only to leave the city with the consloation of naming the grounds that the hospital sits on as the Middletown Regional campus.

BTW....the part about Atrium being in a network is correct only it is called the Premiere Network, not Atrium Network.

PapawEarl Sep 14, 2017

CONTRIBUTIONS??? Yeah, Mason and Franklin got carpet for their high schools' football fields but, outside of a lousy 4th of July fireworks display, which wasn't much more than a few sparklers being lit, what else have they done for Middletown? The only reason for the fireworks was to remind people of their 100 year existence. Council better think hard before they vote on this. Kettering is quite generous in giving back to the communities they serve. I'm sure that if Middletown was still like it was back in the 1950's and 60's, that Atrium would pony up more and still use the city's name in its' title. But the bottom line is that increased medical attention is always a staple in any community. The statement about 'overbuilding' is a joke. Has that guy ever been to West Chester or Liberty Twp.? Those residents are more than happy to have what they've got and I' m sure that folks around here would be more than grateful to have Kettering's full service even if it is on a smaller scale. As for Atrium, business will go on as usual. Adding Kettering to the mix is more of a brotherhood rather than a competition!

Kent Keller II from FacebookSep 13, 2017

Free market. Do whatever creates more jobs and competition. Lower prices and more options.

Wayne Hall from FacebookSep 13, 2017

Good! Atrium needs close competition plus Kettering accepts United Health Care.



Candy Bailes from FacebookSep 13, 2017

I hope it goes through! Atrium isn't going to take ANY Marketplace (Obamacare) insurance policies.....which means most all local doctors will not take it either.....yeah, serving the community....not.



Candy Bailes from FacebookSep 13, 2017

I lost my insurance policy, one I liked, Aetna several years ago because of Obamacare. Then I was forced to get a policy from the Marketplace. I went with Aetna, paid a lot more for an awful policy, but did so because of the doctors and facilities on the list because. I was going to have two surgeries. I WAS TOLD by the Marketplace employee out of the Chicago office I COULD receive the needed surgeries from my doctors in another state....total lies! Then the following year I had to pick again from the Marketplace, again another terrible high priced awful company and policy. They will not pay for medicines I've taken for decades, even through their same company. If it's a cheap med they will approve it, but more average cost mess they won't. Then one year, lost count, think it was last year, in August they up and cancelled coverage from all hospitals and doctors that were on the list and the ones in my contract. So, again this year I had to pick another insurance company and policy, which is one of if not the best Premier Insurance policies......all Premier facilities Atrium, Miami Valley, and such. Now, for this coming year those facilities and Premier Insurance will not be a choice on the Marketplace. As of right now only two companies are participating in Obamacare and Atrium does not take them, but to my knowledge Kettering does. Again, it's all about money, control, and politics and the ones that don't receive free government healthcare or work for a large Union controlled company, you slowly and sometimes rapidly die while playing the Obamacare guessing game struggle. Where's the, you can keep your doctor, your policy, and save about two grand a year plan?

Veteran 4817 Sep 12, 2017

Here we go again , Change the zoning now. Sounds to me the RIGHT palm did not get greased . Hey Kettering Health more $$$$$$ to the ZONING people !!!!

Robert State  from FacebookSep 13, 2017

obama care doesnt float,....i was going to get a much needed surgery on my feet at the same time the principle insurer pulled out,....NO SURGERY FOR ME,.....my knee is messed up and two busted rotor cuffs, they didnt want to cut on me, always some stretchin exercize....and if your above poverty level your screwed too, my sister owes a 12 thousand dollar deductible.....i did however get a umbilical surgery for my hernia.....obamacare sucks.....doctors and hospital charge too much.....well have to suffer and die en mass.....

"The only thing necessary for the triumph of evil, is for good men to do nothing" Edmond Burke
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Analytical Quote  Post ReplyReply Direct Link To This Post Posted: Oct 21 2017 at 12:40pm
Whistler'sMom -

Brace yourself for the usual outpouring of sarcastic comments/insults from the naive and One Donham Abbey sympathizers.  They're the ones who actually choke off reasonable dialogue/outreach while blaming others for any potential diminished participation.  And, thanks for resident comments that you've included.  That's the real barometer of average Middletonians.
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11 hours and counting.....no sympathy yet.  

Even my 9-year-old can't defend the city on this one!
“Nothing in life is to be feared; it is only to be understood. Now is the time to understand more, so that we may fear less.” — Marie Curie
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Post Options Post Options   Thanks (1) Thanks(1)   Quote middletownscouter Quote  Post ReplyReply Direct Link To This Post Posted: Oct 23 2017 at 8:44am
Agreed.  As one of those nearly lifelong residents who now has to travel outside of Middletown for my healthcare because of insurance issues with Premier / Atrium, I'm looking forward to KHN opening a facility in town.

Even my PCP is out of network now since Premier bought out PriMed.  So for the moment I'm stuck going to the Little Clinic at Kroger for most of my healthcare while I search for a new family doc.
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This Journal-News article Wednesday. October 18, 2017 seems to contain “Richter-ized” propaganda to support Mr Adkins (unverified) claim that approval of Kettering rezoning required a super majority, 4 out of 5 council members, to reverse the planning commission’s disapproval. Comments in red.

Hospital zoning support battle waged by email

Kettering, Premier sent 300 missives over Middletown project.

By Ed Richter
Staff Writer

MIDDLETOWN — Before Kettering Health Network pulled its rezoning request to allow overnight patient stays at its $30 million facility under construction in Middletown, the healthcare organization and its main competitor in the region — Premier Health — each worked to sway Middletown City Council to support their opposite stances on the proposal.

More than 300 emails were sent to city leaders since Middletown Planning Commission denied Kettering Health’s rezoning request last month as both sides lobbied for council support of their side.

A super-majority of council members, four of the five members, was required to reverse the planning commission recommendation.

Mr Adkins, please tell us (if you can) exactly what ordinance contains the rule that a super majority is required to reverse any recommendation by a bureaucratic planning commission!!!! If this can not be demonstrated, then Kettering should be allowed to revisit their rezoning request, and win an approval with a simple majority of 3 votes.

City staff had recommended approving the request to the planning commission and city council.

During the required 30-day notice period between the planning commission meeting and next council meeting, Kettering Health officials met separately with council members to explain their desire to add as many as 20 beds for overnight patient stays at the 63,000-square-foot facility slated to open in mid-2018.

Kettering Health needed the two parcels off Ohio 122 at Union Road, about a mile south of Atrium Medical Center, to be rezoned as the current zoning code was written as part of the incentives to have the hospital, now Atrium Medical Center, built there. While other types of healthcare facilities were permitted uses, there was a specific category for hospitals for patient stays for 24 hours or more.

There would be no need for any of this controversy if the zoning code had been written without the preconceived, preplanned bias to unfairly insulate Atrium from competition. Why should Middletown’s citizens be limited to 1 hospital facility?? City hall had already bribed Atrium with free land, free installed infrastructure and $195 million in bonds to build the hospital. Taxpayer money paid the bribe!!! But that didn’t satisfy Atrium. By contrast, Kettering is asking for no assistance and is able to provide insured care. Read on to the next comment.

Kettering Health gave no reason for withdrawing the requests, which the city received about noon Monday from Richard Haas, Kettering Health senior vice president.

Our decision to withdraw our rezoning request has no impact on our original plans for the medical facility,” Elizabeth Long, Kettering Health spokeswoman, said in a statement. “Our services will include a freestanding Emergency Department; outpatient services such as Lab and Radiology; and a Physician Office Building. Construction is on track and we will be caring for patients by mid-2018. We are enjoying a great partnership with Middletown city leaders and we look forward to furthering our involvement in the Middletown community.

In a letter to Mayor Larry Mulligan urging for council to uphold the planning commission’s decision, David Pearce, a former Middletown Regional Hospital board member, said “the zoning was intentionally crafted with the $300 million hospital as the key centerpiece/ stakeholder.”

Take note!!!! “the zoning was intentionally crafted with the $300 million hospital as the key centerpiece/ stakeholder.” THE ZONING WAS INTENTIONALLY CRAFTED … and a virtual monopoly took over Middletown’s healthcare.

Pearce said that in the past 17 years “nothing has changed and the zoning remains critical to the hospital’s (and its partners’) success.”

Since when is it ethical for a government entity to use zoning ordinances to create a monopoly; especially one that has had such adverse effects on our city’s quality of healthcare and the loss of availability of health insurance. These are big changes in the last 17 years.

That zoning for the hospital was part of the city’s master plan adopted in 2005.

Where, in the 2005 master plan, does it say that the zoning for the parcels designated for healthcare facilities should be biased to favor one facility over another? Besides, in 2005, Atrium was not yet built and special zoning for them could not have been in the original master plan. And even if it was in the plan, it is unethical to arbitrarily limit competition in the healthcare marketplace. A monopoly usually results in higher prices and lower quality! That is exactly what our citizens are complaining about already!!!

Premier Health employees and other community supporters emailed dozens of letters to council members to uphold the planning commission’s decision. A number of the email letters contained the same paragraphs with Premier Health’s main points:

That they believe in providing quality health care to the Middletown community and proud of the hospital’s 100 years of service. At the outset, Atrium wanted to erase our memory of MRH. Now that Atrium is failing dismally they want to claim to be an extension of MRH’s proud 100 years of service.

That they want these high-quality services to continue and feel that the addition of unnecessary hospital beds would jeopardize Atrium’s ability to continue offering specialty services that benefit the community. Comments from the community do not describe Atrium’s hospital services as high quality. That’s why so many beds at Atrium are empty.

That adding a second hospital in Middletown will not create new jobs long term, but could cost the jobs of Middletown citizens who have worked there with pride for many years. Atrium has half the number of beds that MRH’s new section had which resulted in the loss of 1000 jobs. when Atrium opened.

Note that this entire article is biased in favor of Atrium. The claimed dozens of emails in show of support is limited to Premier employees and associates. The numerous expressions of opposition (such as the reader comment section which follows Journal articles in the digital copy) are totally ignored. They can be viewed in a previous post on this forum.

Atrium Medical Center is proud to be the City of Middletown’s hospital. As evidenced by our 100-year legacy serving the community, we are committed to continually improving health services for Middletown area residents. Our patients come first,” Michael Uhl, president of Atrium Medical Center, said in a statement. “As a stakeholder in the City of Middletown’s economic development efforts, Atrium will continue to work with the city and others to revise the master plan. By working collaboratively to update the master plan, it could benefit all parties and promote the overall economic viability of the city.”

Atrium and Michael Uhl should be ashamed of trying to take credit for the proud 100 year legacy of MRH. Atrium has continually reduced the quality of health services and they lack the necessary contracts to provide insured services to the majority of area residents (which makes patients their last consideration). The statement that the master plan will be revised/updated looks like it will be reworded to agree with all of Atrium’s pretenses to be a pillar of the community. A match stick might better describe that pillar.

Contact this reporter at 513-755-5067 or email Ed.Richter@coxinc.com.

"The only thing necessary for the triumph of evil, is for good men to do nothing" Edmond Burke
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The city is NOT in violation of Sunshine Laws by not broadcasting Planning Commission meetings on You Tube, as the meetings are held in an open and public setting--anyone can attend. 

I want you to prove that Atrium has half as many beds and has resulted in 1000 lost jobs.  You have never been able to substantiate these claims while continuing to broadcast them in a public forum. 


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See comments in red on Mr Adkins “explanation” of Kettering’s abandoned rezoning request which he posted on City of Middletown Manager’s blog.

Kettering Health Network Rezoning Request

October 17, 2017October 17, 2017City Manager Middletown 1 Comment

There’s been a lot of discussion around town on the benefits and pitfalls of allowing Kettering Health Network to add overnight beds to their facility at the old Reyton Inn site at the I-75 Interchange.

Kettering (KHN) originally came to the city with a plan to build a $30 million outpatient medical facility that offered an Emergency Room and outpatient services. As the project progressed, KHN revisited the original plan and inquired about adding 8-20 beds for overnight stays in space that wasn’t otherwise designated. As it stands now, an outpatient stay is anything less than 23 hours. In order to accommodate that request, a zone change would have to be sought and approved by Planning Commission and subsequently, City Council.

That’s right, our “leaders” have “intentionally crafted zoning ordinance” which split hairs and make it as difficult as possible for anyone to bring in good jobs and healthcare for a majority of the citizens. Every other nearby area would welcome the opportunity to have KHN’s jobs, services and professionals especially if, like Middletown, Atrium was their only choice for healthcare. It would be great to go to a local doctor or hospital that would accept our insurance.

The KHN application for a zoning change went to Planning Commission, and after a long public hearing, the Planning Commission recommended denial of KHN’s zoning request to allow the hospital beds for overnight stays. This had no impact on the original KHN plans for the facility.

The Planning Commission (even after staff recommended approval) recommended denial of KHN’s zoning request. I wonder why?

On the MUSA blog, blogger swohio75 (who seems to be in the know in the city building) says:

As I said, staff's recommendation was for approval. Assumption is that the City's Planner ran this recommendation up through the chain of command (to Adkins likely) who didn't see an issue with the recommendation.


The decision is now in Council's hands. I can't say why Planning Commission denied, because the Admin has decided that Planning Commission meetings are not necessary to record and broadcast on their YouTube channel as had previously been done.”

This sounds like a complaint from swohio75 that the Planning Commission meetings are no longer recorded or easily available for public view. We need more people to take note that our city government is becoming more unapproachable and unresponsive because more and more government processes are taking place out of public view. What an invitation to run a muck!!


Do you know why the Planning Commission meetings are no longer recorded and broad cast?Adkins’ directive to discontinue YouTube recording of the Planning Commission meetings conveniently keeps meetings and discussions hidden from the citizens. Mr Adkins, ... didn’t we lose about $360,000 which the cable company paid to Middletown annually for their cable TV monopoly, but was actually money to be used for the operation of Public Access Channel 24!!! That money (according to you) was just a gift to the city and if any funding went to Channel 24, it was just out of the goodness of your heart. In truth, that money did not belong to the city at all, but was only for the public access channel. Adkins closed Channel 24 down, citing their lack of funds to operate, funds which the city had confiscated. Because our city business is longer monitored by the public via broadcasting, our city government has become even more unresponsive to the citizens they were elected to serve. City council is oblivious to this just like they are oblivious to other city admin methods of circumventing the Sunshine Laws!!! “Little” things like the Sunshine Laws mean nothing to Adkins.


After Planning Commission votes on a proposed zoning change, the matter comes to City Council to affirm or deny the recommendation of Planning Commission.  Under City Ordinances, there must be a published notice of public hearing at least 30 days before the matter can come before City Council for consideration.   The notice was published and the 30 day notice period meant that the matter would not come to City Council at the October 3rd meeting, but rather on Tuesday’s meeting on October 17th.

The delay was not staff driven, Planning Commission driven, or at the request of either KHN or Atrium Medical Center.  It was simply a matter of Middletown law which requires that people know about the proposed change and have 30 days opportunity to express public opinion, both at the Public Hearing, and also to their City Council representatives.

Why did Mr Adkins’ Planning Commission recommend opposing Kettering’s request?? Mr Adkins may have had a lot to do with Planning Commission’s denial. It seems rather convenient that he brought up the zoning ordinance that “requires 4 affirmative votes to overturn Planning Commission’s recommendation. (He has total control over these boards and commissions! Remember when CVB didn’t do exactly as Adkins wanted?? So, he forced the entire board to resign and replaced them with his own puppets; even though requests for resignations and appointments to boards is a function of council).


The KHN zoning request was set to come to City Council today.  Under Middletown Ordinances, if City Council wishes to reverse the recommendation of Planning Commission, it takes an affirmative vote of four of the five Council members to overturn Planning Commission’s recommendation.  Four out of five City Council members would need to vote yes to allow the KHN zoning to be changed to permit hospital beds at the new facility.  City staff recommended to City Council that the zoning be changed to allow the beds as requested by KHN.

This is a misquote … the zoning ordinance amendment does not describe the total number of council members as 5.

Here’s the amendment found under Middletown zoning ordinance which addresses Council’s voting requirements to overturn a Planning Commission recommendation:

1284.01 of the Middletown Ordinances
http://library.amlegal.com/nxt/gateway.dll/Ohio/middletown_oh/parttwelveplanningandzoningcode/titlefourzoning/chapter1284amendments?f=templates$fn=default.htm$3.0$vid=amlegal:middletown_oh$anc=JD_1284.01


CHAPTER 1284:  AMENDMENTS

Section

1284.01   Amendment to text and map.

1284.02   Procedure for amendment.

1284.03   Application fee.

CROSS REFERENCES

   Fee for zone change - see P. & Z. 1286.02

Bookmark § 1284.01  AMENDMENT OF TEXT AND MAP.

   Whenever the public necessity, convenience, general welfare or good zoning practice require, the City Council may, by ordinance, after recommendation by the Planning Commission and subject to the procedures set forth in this chapter, amend, supplement or change the regulations, district boundaries or classifications of property, now or hereafter established by this Zoning Ordinance or any amendments thereto. No such action shall be taken until the proposed amendment or change has been submitted to the Planning Commission for approval, disapproval or suggestions. The Planning Commission shall be allowed at least 30 days for consideration and report. Any ordinance which violates, differs from or departs from the recommendation of the Planning Commission, shall not take effect unless passed by the affirmative vote of at least four members of the City Council.

(Ord. 4886, passed 12-27-1968)

This amendment was in effect prior to 2014. The number of council members was reduced (in 2014) to 5 of the original 7. That means that prior to 2014, the required 4 out of 7 votes (54%) was a simple majority vote, not a super majority vote. A simple majority vote by our current 5 member council would be 3 out of 5, … not 4 out of 5 … which would require an unheard of 80% majority.

Apparently Kettering’s rezoning request would have (should have) been approved.

Mr Adkins prides himself on being a lawyer, so it’s difficult to believe that he wasn’t aware of the truth of this matter. Not to mention that it appears our law director, Les Landen was also unaware??? And perhaps our (lawyer) council member Dan Picard didn’t know either? If any of them were aware … well … what would you conclude????

On Monday, October 16, 2017, around noon, KHN submitted a letter to me formally withdrawing their application to rezone the two parcels in question, thereby abandoning their request to add hospital beds to the new facility.  The KHN zoning requests have been removed from today’s City Council agenda and they are no longer under consideration by the City at the request of KHN.

Again, this does not change the original designs of the facility to offer Emergency Room services and outpatient services.

There have been discussions in the community that the city supported or didn’t support the KHN plan and that the matter was somehow subjectively being manipulated by City government to get a particular outcome.   This one is by the books folks.  Planning Commission made their recommendation.  The city followed the law and standard procedure to publish notice and offer time for comment.  KHN withdrew their request completely with no input from  City staff.    I do not know their business reasons for withdrawing their request.

So KHN withdrew their zoning request, probably thinking that they were going lose the council vote. Mr Adkins, if this one is by the books” then we want to see and read the book. Is it Adkins’ little book of hide the facts, discussions, and meetings? Adkins claims not to know the reasons that KHN withdrew their request completely. Kettering, at this point had talked directly to council members and was aware of their positions and thought that the 3 of 5 votes in their favorsupposedly, would not be enough. … Mr Adkins, you knew this!! Reportedly, Mulligan and Moon were against the request. KHN didn’t know that a simple majority, 3 of 5 votes, was all they needed.

If city hall insists on preventing KHN and others to bring in new much needed enterprise which will promote growth and prosperity in Middletown, then our city will continue to fail while everyone around us is thriving. This is rejecting a gift horse that was a positive in every way. KHN has ask for no money or tax breaks from the city. If all of council, the city manager and city staff have to be replaced to save Middletown, so be it. January of 2018 may see petitions circulating to recall council, followed by hiring a new city manager and staff.

There will be no public hearing on this item or a vote of council tonight.  The request is withdrawn and done.

I hope this explains the process and time-line so people can understand what happened and why.

Yes, Mr Adkins, we do understand what happened and why! Unfortunately, with your help Middletown is losing jobs, tax dollars, residents and self respect. Allowing the good old boys mind set to keep destroying our city should no longer be tolerated by the citizens.



Hard to believe that Mr Adkins has not edited out the only comment made.

One thought on “Kettering Health Network Rezoning Request

  1. Dan jones

    October 17, 2017 at 5:12 pm

    This is a huge loss to the people of middletown!! Most who live in this city cannot afford transportation so they’re forced to go to atrium for their medical needs. As everyone in this town knows and as any medical professional will tell you atrium is the worst hospital in southwest Ohio! It doesn’t effect me I drive to UC west Chester or Kettering but it hurts the tens of thousands of poor residents of our city! What would’ve been the big deal of just giving them the permit? It would’ve meant more tax dollars for the city and improve the city overall! Thanks for taking the time to read! Let’s make middletown great again!!!

"The only thing necessary for the triumph of evil, is for good men to do nothing" Edmond Burke
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Post Options Post Options   Thanks (1) Thanks(1)   Quote RoyG Quote  Post ReplyReply Direct Link To This Post Posted: Oct 27 2017 at 2:20am
Someone passed on some information to me about this rezoning bid. The size of the Kettering Hospital had never changed, it was still going remain the same . It all came down to over night beds. In my opinion I guess this was going to cost Atrium to much money. Atrium having to compete with another hospital. In regards to the city of Middletown they have their own publicist in the form of the Journal news and Ed. It is time for the people of Middletown to wake up. The poverty level has doubled in Middletown from 2010 it was 12.7% in 2017 it is 24.9% so it has doubled. One of the biggest things to combat poverty is jobs. We have a chance to bring in more but no was the answer. Time to wake up and elect people not connected and not a bobble head. Thanks for you time Roy Gordon  
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Post Options Post Options   Thanks (1) Thanks(1)   Quote whistlersmom Quote  Post ReplyReply Direct Link To This Post Posted: Nov 02 2017 at 5:51pm

WCPO, Channel 9 TV news, has been doing investigative reporting on local police departments. (You can see it on WCPO.com) Three days in a row, their reports included a segment about specific complaints on Middletown police officers (three officers to be exact). The reports exposed records of misconduct from excessive and unnecessary use of force to sexual harassment.

Perhaps the most scandalous of these reports was the numerous filings against Lieutenant James Cunningham by fellow police officers (both male and female) concerning sexual harassment. Many of the complaints were made BEFORE he was promoted to lieutenant! There was minimal disciplinary action taken by Major Hoffman (who maybe should be held complicit?) for Cunningham’s numerous and serious violations. Cunningham, as a police officer, was doing the very things for which he could arrest others. It’s shameful that good officers have been subjected to such working conditions.

Were there many other incidents that went unreported or ignored? This investigation encompasses only the last 3 years. But what other violations and suspensions have occurred and been condoned by the police department and municipal court over the other 25 years of Cunningham’s tenure?

Since our city manager, Mr Adkins, has requested Cunningham for some of his “special” projects unrelated to policing, such as locating blight for the city to seize (or buy … like Bar Boca for $35,000) and tear down. It would appear that Adkins is also complicit!. Adkins had to know about Cunningham’s record, in fact, Mr Adkins was Prosecutor for the city when Cunningham was a patrolman and sergeant.

Cunningham has been allowed to retire rather than be fired or held responsible for his actions, thus continuing to be rewarded for bad behavior and Middletown residents are paying for it. He has demoralized our police department, maligned our residents and been the source of deep embarrassment to the city. NOW OUR TAX DOLLARS WILL PAY FOR HIS RETIREMENT!! One more financial nail in the city’s coffin.

Where was council when all this corruption was taking place? Were they waiting for instructions from Mr. Adkins or were they just oblivious as usual? Shouldn’t council have some questions for Mr Adkins at the next council meeting? Oh, they’re still waiting for instructions.

Wonder if the group of people who have been abused or maligned by Cunningham have thought of going for a civil suit?

"The only thing necessary for the triumph of evil, is for good men to do nothing" Edmond Burke
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Post Options Post Options   Thanks (1) Thanks(1)   Quote whistlersmom Quote  Post ReplyReply Direct Link To This Post Posted: Nov 07 2017 at 7:57pm

More demolition. More demolition.More demolition. Less Middletown. Lost Middletown.

Here’s some slightly stale news that may be worth another look.


Journal News Friday, October 27, 2017

Butler students set for big transition

By Michael D. Clark
Staff Writer

MIDDLETOWN — In less than a year, Middletown Middle School will go from the oldest school in Butler County to the newest.

Warren G. Harding was president of the United States when the doors of the then-Middletown High School were first opened to students in 1923.

In the early 1970s the old school was converted into a middle school for the Butler County district, and at the end of the current school year, the final class bell will be the last to ring forever at the school campus at 1415 Girard Ave.

Starting in August 2018 the city’s middle school students will be the first class to learn in the new 135,000-square-foot middle school that will be attached to an equally new, 2,200-seat arena joined to a renovated Middletown High School.

Plans for commemorating the old school building are already underway, with special ceremonies scheduled in December to say a formal goodbye to the basketball court that saw the legendary NBA Hall Of Famer Jerry Lucas, Butch and Chris Carter, Archie Aldridge and so many other notable players compete.

Current plans call for the old school to be demolished, said school district officials.

While we might be saying goodbye to a building that certainly means a lot to the entire community, we are not saying goodbye to the history, successes, traditions, and memories created at the (old school),” said Middletown City Schools Superintendent Marlon Styles Jr.

Honoring our rich traditions will help make the transition to the new state-of-the-art building more special for our students, teachers, and community. The new Middletown Middle School building will provide our students the opportunity to continue to build on the rich culture of success laid by previous alumni,” said Styles.

George Long, business manager for the city schools, said students will be taking a classroom leap of 94 years when they enter the radically modernized Middletown Middle School at the start of the 2018-2019 school year.

There are approximately 50 learning spaces in the new building, not including the breakout (learning) spaces in each wing. What’s great about the new Middle School is we’re building extra wide hallways and utilizing them as classrooms outside the classroom,” said Long. “We don’t want to keep students at their desks when they can meet in the middle to collaborate and explore new learning tools.”

It will be a busy weekend of Dec. 8 because on that Friday the district will say goodbye to the Miller Gym at the Middletown Middle School and on Saturday they will herald in a new era at the High School Arena.

On Dec. 8, the Middies will host the Hamilton Big Blue in the Miller Gym along with Middie Legends, throwback jerseys, and dedicated fans. On Dec. 9, the Middies will welcome Lima Senior High School and the Middie Faithful to the brand new Middletown High School Arena.

The excitement around the new Middletown High School and Middle School is palpable around this town and I am excited to finally share one part of the new construction with our district,” said Styles.

There goes another landmark in the DOWNTOWN area to be replaced with a blank, a black hole and an empty lot to mow. We can only hope that education will become the focus of our school system now that all the expensive construction is soon coming to an end. There was never any excuse for failing to meet the most basic academic standards. Now there will be nothing to draw attention away from academic failure.

The former Middletown High School has to be in good (if not excellent) condition in order to continue to be used as our Middle School! Why should an historic building, including the Wade E. Miller Gymnasium, be razed when it could be put to excellent use by the school system or the city or the combination, as administrative offices, meeting rooms, small convention center, DOWNTOWN gym for the Middletown YMCA or a private fitness center, a cafeteria for senior citizens, a soup kitchen, drug rehab center or the base for a Middfest celebration?

There are so many good things the city could do for the 95% of Middletown’s population who are less fortunate than the downtowners and other insider friends of city hall. The city is currently renting space in empty buildings from “supposed investors” who have failed to make any investment in buildings which were largely given to them.

Shameful, thoughtless, self centered … and that’s being kind because there are much more derogatory terms that would describe people in a city government who have no regard for what 95% of it’s residents think or feel.

City hall will say to this … ‘Why don’t some of this 95% make their opinions known?’ Well … so few people bother to take their complaints to council meetings because they are met with so much resistance, ... three minute restrictions to speak IF YOU ARE ALLOWED TO SPEAK AT ALL. If you are granted what council considers the privilege of speaking, council members are too busy shuffling papers to listen or make eye contact. Usually no questions are answered and at the end of your three minutes the only comment is an imperious “We’ll get back to you” or “Thank you for your comment”.

And if they really don’t like what you say, the following week a notice may be in the mail that you will have to paint your second story gutters because there’s a speck of peeling paint up there! And you’ve got two weeks to do that or they will have a contractor do it (do you think there was any bidding for this sort of contracting?) and charge you three times the cost. Then, if you don’t pay the city, the charges are added to your property taxes!!! Yep, it’s the ‘ole rule by intimidation.

"The only thing necessary for the triumph of evil, is for good men to do nothing" Edmond Burke
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Post Options Post Options   Thanks (0) Thanks(0)   Quote buddhalite Quote  Post ReplyReply Direct Link To This Post Posted: Nov 07 2017 at 11:32pm
I was at city hall tonight.  You weren't.

I got up and voiced my opinion - you didn't.

I had productive conversations with members of council.  You didn't.

I got to meet some great men of valor (Purple Heart Society presented the colors).  I shook their hands almost in tears trying to convey my thanks to them for their service.  You didn't.

And that goes for the rest of you.  Sitting out here complaining doesn't change anything.  They read - they forget - they just don't care.  At least you are visible and in their minds if you show up and actually challenge them.

I did.  You didn't.

Bob
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Post Options Post Options   Thanks (0) Thanks(0)   Quote buddhalite Quote  Post ReplyReply Direct Link To This Post Posted: Nov 07 2017 at 11:38pm
Oh yeah - and for what it's worth - I got the sideways stare down when Adkins saw me turn in my card.

But - not one council member did ANYTHING other than pay me rapt attention during my comments.  And, no one gave me any time limit - no one did anything untoward.

I already know it had some impact.  Sometimes, a calm cool head and rational arguments work.  Will council go ahead and pass the legislation in two weeks?  I don't know - but I am following up with each councilperson to try to get them to stand up to Adkins' blatant unnecessary give aways.....we shall see.

I'm doing my part - all I can do for the next two years - then we shall see where we go from there.

Bob
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Post Options Post Options   Thanks (1) Thanks(1)   Quote whistlersmom Quote  Post ReplyReply Direct Link To This Post Posted: Nov 08 2017 at 9:03am

More demolition. More demolition.More demolition. Less Middletown. Lost Middletown.

Here’s some slightly stale news that may be worth another look.


Journal News Friday, October 27, 2017

Butler students set for big transition

By Michael D. Clark
Staff Writer

MIDDLETOWN — In less than a year, Middletown Middle School will go from the oldest school in Butler County to the newest.

Warren G. Harding was president of the United States when the doors of the then-Middletown High School were first opened to students in 1923.

In the early 1970s the old school was converted into a middle school for the Butler County district, and at the end of the current school year, the final class bell will be the last to ring forever at the school campus at 1415 Girard Ave.

Starting in August 2018 the city’s middle school students will be the first class to learn in the new 135,000-square-foot middle school that will be attached to an equally new, 2,200-seat arena joined to a renovated Middletown High School.

Plans for commemorating the old school building are already underway, with special ceremonies scheduled in December to say a formal goodbye to the basketball court that saw the legendary NBA Hall Of Famer Jerry Lucas, Butch and Chris Carter, Archie Aldridge and so many other notable players compete.

Current plans call for the old school to be demolished, said school district officials.

While we might be saying goodbye to a building that certainly means a lot to the entire community, we are not saying goodbye to the history, successes, traditions, and memories created at the (old school),” said Middletown City Schools Superintendent Marlon Styles Jr.

There goes another landmark in the DOWNTOWN area to be replaced with a blank, a black hole and an empty lot to mow. We can only hope that education will become the focus of our school system now that all the expensive construction is soon coming to an end. There was never any excuse for failing to meet the most basic academic standards. Now there will be nothing to draw attention away from academic failure.

There are so many good things the city could do for the 95% of Middletown’s population who are less fortunate than the downtowners and other insider friends of city hall. The city is currently renting space in empty buildings from “supposed investors” who have failed to make any investment in buildings which were largely given to them.

Shameful, thoughtless, self centered … and that’s being kind because there are much more derogatory terms that would describe people in a city government who have no regard for what 95% of it’s residents think or feel.



"The only thing necessary for the triumph of evil, is for good men to do nothing" Edmond Burke
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