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Consent agenda - Middletown_ Ohio

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					                             MIDDLETOWN CITY COUNCIL AGENDA
                                    TUESDAY, March 15, 2011
I. BUSINESS MEETING – 6:00 p.m. – COUNCIL CHAMBERS – LOWER LEVEL
   1.    MOMENT OF MEDITATION/PLEDGE OF ALLEGIANCE TO THE FLAG
   2.    ROLL CALL
   3.    CITIZEN COMMENTS
   4.    CITY MANAGER REPORTS
         • Doug Bean to introduce new Middletown Public Library Director, Anita Carroll
         • Tax Incentive Review Update
   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 from the Consent Agenda and considered separately.
               (a) Approve: City Council Minutes March 1, 2011 Work Session and Business Meeting
               (b) Receive and File Board/Commission Minutes:
                     Board of Health and Environment – February 8, 2011
                     Middletown Cemetery Board – February 23, 2011
                     Tree Commission – February 24, 2011
                (c) Receive, File and Confirm Tax Incentive Review Council Minutes and
                         recommendations from the February 24, 2011 meeting
               (d) Receive and File Oath of Office: Jeff Phillabaum, Maintenance Worker
               (e) Authorize a contract with Life Alert Rescue, of Oakwood, OH (Paulding County), in the
                     amount of $64,303.20 to remount a Horton ambulance box on a City-owned chassis.

   6.   MOTION AGENDA
             (a) Authorize the purchase of two International 2012 4300 SBA LP 4 x 2 (MH025) chassis
                 from Center City International Trucks, of Columbus, OH, off the State of Ohio contract
                 in the amount of $158,003 for both chassis.

   7.    COUNCIL COMMENTS …
III. LEGISLATION
 1.      Resolution No. R2011-03, 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, 2011 and declaring an emergency. (East End Fund)
 2.      Ordinance No. O2011-11, an ordinance establishing a procedure for and authorizing a contract with
         Polydyne, Inc. for the purchase for polymer for use at the waste water treatment plant for the year 2011. (2nd
         Reading)
 3.      Ordinance No. O2011-12, an ordinance establishing a procedure for and authorizing a contract between
         the City and Miami Conservancy District for the transfer of city owned property. (2nd Reading)
 4.      Resolution No. R2011-04, a resolution to make adjustments to appropriations for current expenses and
         other expenditures of the City of Middletown, Ohio Counties of Butler and Warren State of Ohio, for the
         period ending December 31, 2011. (Community Development Act 1974 Fund) (1st Reading)
 5.      Ordinance No. O2011-13, an ordinance approving an amendment to an agreement with Pledger
         Orthopedic and Spine Center providing for the construction of a medical facility as a development project
         and tax exemption pursuant to the State Urban Jobs and Enterprise Zone Program and making
         determination in connection therewith. (1st Reading)
 6.      Ordinance No. O2011-14, an ordinance establishing a procedure for and authorizing a contract with Life
         Star Rescue, Inc. for the purchase and installation of an ambulance module. (1st Reading)


     It is the policy of the City of Middletown to make all public hearings and meetings accessible to all persons, in accordance with
state and/or federal laws. If you have a disability which requires accommodation in order for you to attend and/or participate in this
meeting, please contact us at 425-7831 at least forty-eight hours prior to the time of the meeting to advise us of the need for
accommodation, and reasonable efforts shall be made to provide the same. This agenda may be accessed on the City of Middletown
website @ http://www.cityofmiddletown.org
BUSINESS
MEETING
 CITIZEN
COMMENTS
  CITY
MANAGER
REPORTS
                                                                       STAFF REPORT
                                                     For the Business Meeting of March 15, 2011

March 7, 2011


TO:             Judy Gilleland, City Manager
FROM:           Denise Hamet, Acting Economic Development Director


                               Tax Incentive Review Council
                        Report of Annual Meeting, February 24, 2011

PURPOSE

The purpose of this report is to provide City Council with the recommendations of the Tax
Incentive Review Council (TIRC) regarding the performance of tax incentives during the 2010
calendar year.

BACKGROUND and FINDINGS

Ohio Revised Code Section 5709.85 requires that the legislative authority of a city that grants tax
exemptions shall create a TIRC. The purpose of this body is to review the status and
performance of all agreements granting exemption from property taxation, as well as all tax
increment financing (TIF) districts, as of the end of the previous year. On the basis of this
review, the TIRC must submit to City Council written recommendations for continuation,
modification, or cancellation of each agreement. The TIRC typically meets once a year to
perform these tasks. Its most recent meeting was February 24, 2011. The TIRC membership
includes County Auditors, representatives of affected school districts, City staff and elected
officials, and interested citizens.

During 2010, Middletown had 8 active Enterprise Zone agreements for tax exemption and 14
TIF districts (8 commercial and 6 residential). The City executed one (1) Enterprise Zone
Abatements during 2010 with Steam Systems, Inc. As indicated in the attached minutes of the
February 24th meeting, the TIRC reviewed annual performance information presented by
Economic Development Department staff for the 2010 calendar year. The receiving and filing of
the TIRC Report will be done by Motion. The State of Ohio requires Annual Report to be
submitted to the Ohio Department of Development by no later than March 31, 2011.

TIRC members reviewed the investment and employment status of each of the agreements.
Most of the companies reflected improved performance during 2010.

The TIRC voted for the following actions for Enterprise Zone Agreements:
• Continue the following agreements: Aeronca; Compartir/Pac National; Middletown Coke
   (Suncoke); Quaker Chemical; Steam Systems; Ventilex; and PayChex.
• Modify Pledger LLC agreement to lower the abatement to 35% and to require the company
   to maintain at least the current level of employment (nine) for the duration of the agreement.
   This modification is contingent upon Dr. Pledger accepting the modification.

TIRC members voted for the following actions for Tax Increment Financing Agreements:
• Continue all agreements.
ALTERNATIVES

Alternatives include the following:
    1) Accept the recommendations of the TIRC.
    2) Do not accept the recommendations of the TIRC. City Council must recommend to
       continue, amend, or terminate abatements and/or TIF districts.

OTHER CONSIDERATIONS

None.

FINANCIAL IMPACT

There is no financial impact from accepting the recommendations of the TIRC. The individual
agreements do have a financial impact and are reflected in each individual report.

RECOMMENDATION

Staff recommends acceptance of the TIRC recommendations as follows:

ENTERPRISE ZONES
Continue Aeronca, Compartir/Pac Worldwide; Middletown Coke, Quaker; Steam Systems,
Ventilex, and Paychex North America/Al Neyer, Inc
Modify Pedger LLC, and as stated above

TAX INCREMENT FINANCING DISTRICTS
Continue all TIF Districts.

CONFORMITY TO CITY POLICY

This project is consistent with the City’s 2005 Master Plan recommendation to obtain support
from local school districts for tax incentive policies, as representatives from all local school
districts are invited attend the TIRC meetings. This recommendation falls under Objective ED2:
“Establish an economic development entity with the authority and accountability to effectively
attract and retain jobs and businesses”.
EMERGENCY/NON EMERGENCY

Non-Emergency.
• The receiving and filing and acceptance of TIRC recommendations by City Council will be
   by motion.

• The ordinances modifying the Enterprise Zone agreement will be non-emergency.
DEPARTMENTAL CLEARANCES

Law

ATTACHMENTS

  Attachment (2): 2010 Enterprise Zone Agreement and Tax Increment Financing Agreement
                                    Project Status Report

                  Minutes from February 24, 2011 meeting of the TIRC
                                                      ATTACHMENT 1

2010 Enterprise Zone Agreement and Tax Increment Financing Agreement Project Status Report




 City of Middletown
 Enterprise Zone Agreements
 Project Status for Year Ending 12/31/10

                           Investment Investment
                           Committed    Actual        New        Retained Created      Total
                            (Millions) (Millions)    Payroll     Positions Positions Positions Comments
Butler County
                                                                                             Exceeds investment; 12/31 employment
                                                                                             reflects 2 open positions. 1/31/11
 Aeronca                      $4.4          $8.0     $80,000       116        2       118    employment is 124.
                                                                                             Exceeds investment and employment
 Compartir/Pac National      $15.1         $33.2    $2,337,774     157       71       228    commitments.
                                                                                             Under construction. Hiring underway.
 Middletown Coke, LLC        $354.1        $166.5   $615,000        0         5        5     Company had jobfair February 2011.
                                                                                             Meets investment commitment. Hiring
                                                                                             underway. Projected to reach commitment
 Quaker Chemical             $20.0         $20.0    $1,805,149     23        35        58    of 77 by 12/31/12.
                                                                                             Buildout expected first quarter of 2011.
 Steam Systems, Inc.          $0.2          $0.0       $0          16         0        16    Moved 2 PT to FT at 1/1/11.
                                                                                             Hired onsite GM 2010; filling 1 additional
 Ventilex                     $0.9          $0.9     $20,798        5         1        6     position 2011.

Warren County
  Paychex/Al Neyer, inc.      $6.9          $7.1       $0          82         0        82    Filling 2 open position 2011.
  Pledger Orthopedic          $2.0          $2.4                   10         5        15    Reduced employment in 2011
Total                        $403.6        $238.1   $4,858,721     409       119      528
BUTLER COUNTY

Aeronca Enterprise Zone Agreement
      Contact: Roger Rawe                 Date of Execution:    8/16/2000
      Length: 10-years                    Amendments:           2007, 2010
      Personal Property: 50% abatement    Real Property:        50% abatement
      PP taxes abated: $98,138            RP taxes abated:      $129,834
      Investment in PP: $3,980,142        Investment in RP:     $4,020,196
      Employment: 118*                    Jobs created:          2
      New Payroll: $80,000                Expiration:           2013

      Notes:
      *Employment at 12/31 reflects 6 open positions. At 1/31/11, employment was 124.
      Agreement was created in 2000 to retain jobs and to expand the facility. Construction is
      complete and investment exceeds expectations.

      Recommendation:       CONTINUE

Compartir/Pac National Enterprise Zone Agreement
     Contact: Ben McNary               Date of Execution:       5/7/2007
     Length: 10-years                  Amendments:              NO
     Personal Property: N/A            Real Property:           75% abatement
     PP Taxes Abated: N/A              RP Taxes Abated:         $273,357*
     Investment in PP: $18,750,000     Investment in RP:        $14,572,000
     Employment: 228                   Jobs Created:            71
     New Payroll: $2,337,724           Expiration:              2018

      Notes:
      *Abatement is in process.
      Agreement was created for construction of 350,000 square foot facility. Since the
      creation of agreement, additional division was moved to Middletown at the site.
      Exceeds investment and employment commitments.

      Recommendation:       CONTINUE
Middletown Coke Company, LLC
      Contact: Tim Wojtowicz              Date of Execution:     9/18/08
      Length: 10-years                    Amendments:            2010
      Personal Property: 50% abatement    Real Property:         50% abatement
      PP Abated: -$0-                     RP Taxes Abated:       $0
      Investment PP: -$0-                 Investment RP          $166,500,000
      Employment: -5-                     Jobs Created:          -5-
      New Payroll: $615,000               Expiration:            2022

      Notes:
      Hiring is underway. Agreement was modified in 2010 to reflect revised construction
      timeframe.

      Recommendation:       CONTINUE

Quaker Chemical Enterprise Zone Agreement
     Contact: Fred Sansom            Date of Execution:          10/11/2006
     Length: 10-years                Amendments:                 5/12/2008
     Personal Property: N/A          Real Property:              75%
     PP Abated: N/A                  RP Taxes Abated:            -$0-
     Investment PP: $17,400,000      Investment RP:              $2,600,000
     Employment: 58                  Jobs Created:               35
     New Payroll: $1,805,149         Expiration:                 2020

      Notes:
       Agreement was established to expand the existing facility. Construction is complete. The
      EZ agreement included a commitment of 77 jobs at full hiring. Although some of the
      initial jobs were deleted, new hiring is project to reach total employment of 77 in 2012.

      Recommendation:       CONTINUE
Steam Systems
      Contact: Mark Franks                Date of Execution:    12/31/10
      Length: 10-years                    Amendments:           NO
      Personal Property: N/A              Real Property:        75% abatement
      PP Taxes Abated: N/A                RP Taxes Abated:      $0
      Investment in PP: N/A               Investment in RP:     $0
      Employment: 16                      Jobs Created:         -0-
      New Payroll: $0                     Expiration:           2022

      Notes:
      Abatement will apply to a 5,000 square foot expansion of industrial building.
      Construction expected quarter to occur in the first quarter of 2011. The company moved
      two part-time people to full-time effective 1/1/11.

      Recommendation:      CONTINUE


Ventilex USA Enterprise Zone Agreement
       Contact: Jodi Lex               Date of Execution:       8/21/2007
       Length: 10-years                Amendments:              2010
       Personal Property: N/A          Real Property:           40%
       Investment PP: $64,443          Investment RP:           $790,660
       PP Abated: N/A                  RP Taxes Abated:         $5,224
       Employment: 6*                  Jobs Created:            -0-
       New Payroll: $20,798            Expiration:              2018

      Notes:
      *Ventilex hired a full-time, on-site general manager in 2010, and currently has one open
      position to fill.
      Agreement was created to construct 10,000 square foot building for international
      company to relocate to Middletown. Construction is complete and investment meets
      expectations. EZ abatement level was reduced to 40%in 2010 based on reduced hiring
      projections.

      Recommendation:      CONTINUE
WARREN COUNTY

Paychex North America and Neyer East Pointe 200 LLC

      Contact: David Martin                 Date of Execution:     2/26/08
      Length: 10-years                      Amendments:            2010
      Personal Property: N/A                Real Property:         75%
      PP Abated: N/A                        RP Taxes Abated:       $46,930
      Investment PP: -$0-                   Investment RP:         $7,056,766
      Employment: 82*                       Jobs Created:          -0-
      Expiration: 2019

      Notes:
      *There are 2 open positions at 12/13/10.
      Agreement was created jointly with the developer/builder (Al Neyer, Inc.) and Paychex
      North America to construct 50,000 square foot building. Construction is complete and
      investment meets expectations. In 2009, some employees were reclassified as part of
      Cleveland division. EZ abatement was evaluated at current employment level and it was
      determined abatement level of 75% remains appropriate based on investment, payroll,
      and number of employees.

      Recommendation:        CONTINUE.



Pledger Orthopedic LLC

      Contact: Jeanine Hoyer                Date of Execution:     5/19/2009
      Length: 10 years                      Amendments:            -0-
      Personal Property: N/A                Real Property:         75%
      PP Abated: N/A                        RP Taxes Abated:       -$0-
      Investment PP: $422,131               Investment RP:         $ 1,990,221
      Employment: 15*                       Jobs Created:          5*
      New Payroll: *                        Expiration:            12/31/2020

      Notes:
      *Company is downsizing. Employment at 2/18/11 reduced by 3 to a total of 12. New
      payroll in 2010 not available.

      The agreement was created to finish out a 10,000 square foot building. Agreement called
      for retaining 10 and hiring 13 full-time and 2 Part-time (total of 24 full-time equivalent).

      Recommendation: MODIFY. Reduce abatement to 35% and require minimum
      employment of 9 full-time equivalent.
                                          City of Middletown
                                Tax Increment Financing Agreements
                                Project Status for Year Ending 12/31/10




                                    Beginning                             Cumulative    Cumulative         Ending
                                    Balance at   Revenues    Expenses      Revenues      Expenses         Balance
County   TIF Fund                     1/1/10       2010        2010         12/31/10      12/31/10        12/31/10
Butler   DOWNTOWN                   $    1,228   $ 15,765    $ 3,651      $ 155,184     $ 141,842     $ 13,342
Butler   AERONCA                    $    1,294   $   2,409   $ 1,759      $     7,029   $     5,085   $ 1,944
Butler   AIRPORT/RIVERFRONT         $    1,051   $   1,613   $    -       $     4,546   $     1,882   $ 2,664
Butler   MADE                       $      -     $     287   $    -       $       287   $        -    $    287
Butler   MILLER RD NORTH RID        $ 12,441     $ 10,202    $    -       $    45,078   $    22,435   $ 22,643
Butler   MILLER RD SOUTH RID        $      -                              $        -    $        -    $    -
Butler   GREENTREE INDUSTRIAL       $      -     $     -   $     -        $        -    $        -    $    -
Butler   MIDDLETOWN COKE            $      -     $     -   $     -        $        -    $        -
Warren   E. END/S. TOWNE BLVD       $ 31,551     $ 251,506 $ 63,845       $ 1,488,258   $ 1,269,046   $   219,212
Warren   TOWNE MALL/HOSPITAL        $ 11,308     $ 385,557 $ 269,526      $ 758,328     $ 630,989     $   127,339
Warren   MANCHESTER ROAD RID        $      378   $     -   $     -        $     1,190   $       812   $       378
Warren   RENAISSANCE NORTH RID      $ 91,407     $ 96,615 $ 62,400        $ 320,874     $ 195,252     $   125,622
Warren   RENAISSANCE SOUTH RID      $ 10,151     $ 17,479 $ 11,593        $    49,979   $    33,942   $    16,037
Warren   SAWYER MILL RID            $      -     $     -   $     -        $        -    $        -    $       -
                                    $ 160,809 $ 781,433 $ 412,774         $ 2,830,753 $ 2,301,285     $ 529,468
                      TAX INCREMENT FINANCING DISTRICTS

BUTLER COUNTY
Downtown TIF District
     Description: Parcels north and south of Central from Main Street to University
     Boulevard.

       Date of Execution: 6/6/2000        Length:              20 years
       Schools Harmless: No               Amendments:          No
       Real Property: 50%                 Beginning Balance:   $1,228
       2010 Revenues: $15,765             2010 Expenses:       $3,651
       Revenues to Date: $155,184         Expenses to Date:    $141,842
       Ending Balance: $13,342

       Recommendation:        CONTINUE

Aeronca TIF Parcel
      Description: 18 acres of land adjacent to Aeronca (being remediated through Clean Ohio
      Revitalization Fund.)

       Date of Execution: 12/20/2005      Length:               30 years
       Schools Harmless: Yes              Amendments:          No
       Real Property:     100%            Beginning Balance:   $1,294
       2010 Revenues: $2,409              2010 Expenses:       $1,759
       Revenues to Date: $7,029           Expenses to Date:    $ 5,085
       Ending Balance: $1,994

       Recommendation:        CONTINUE

Airport/Riverfront TIF District
      Description: the area surrounding Middletown Regional Airport and also a portion of
      downtown west of Main Street including Wausau Paper.

       Date of Execution:   12/20/2005    Length:              30 years
       Schools Harmless:     Yes          Amendments:          No
       Real Property:       100%          Beginning Balance:   $1,051
       2010 Revenues:       $1,613        2010 Expenses:       $0
       Revenues to Date:    $4,546        Expenses to Date:    $1,882
       Ending Balance:       $2,664

       Recommendation:        CONTINUE
MADE TIF District

       Description: 2 Magnode farm land parcels (CAUF), City owned parcels, and excess
       land owned by Misa Metals.

       Date of Execution: 12/20/2005       Length:               30years
       Schools Harmless: Yes               Amendments:           No
       Real Property:      100%            Beginning Balance:    $-0-
       2010 Revenues: $287                 2009 Expenses:        $-0-
       Revenues to Date: $287              Expenses to Date:     $-0-

       Recommendation:       CONTINUE


Miller Road North RID District
       Description: residential area around northern portion of Miller Road.

       Date of Execution: 12/20/2005       Length:               30 years
        Schools Harmless : Yes             Amendments:           No
       Real Property:         100%         Beginning Balance:    $12,441
       2010 Revenues: $10,202              2010 Expenses:        $0
       Revenues to Date: $45,078           Expenses to Date:     $22,435
       Ending Balance: $22,643

       Recommendation:       CONTINUE


Miller Road South RID District
       Description: residential area around south Miller Road.

       Date of Execution: 12/20/2005       Length:               30 years
       Schools Harmless: Yes               Amendments:           No
       Real Property:     100%             Beginning Balance:    $-0-
       2010 Revenues:      $-0-            2010 Expenses         $-0-
       Revenues to Date: $-0-              Expenses to Date      $-0-
       Ending Balance: $-0-

       Recommendation:       CONTINUE
Greentree TIF District
      Description: a portion of Greentree Industrial Park including Pac Worldwide, and 3415
      Emerald Way undeveloped land.

      Date of Execution:   12/20/2005    Length:              30years
      Schools Harmless:    Yes           Amendments:          No
      Real Property:       100%          Beginning Balance:   $-0-
      2010 Revenues:       $-0-          2010Expenses:        $-0-
      Revenues to Date:    $-0-          Expenses to Date     $-0-

      Notes: We are submitting DTE's from new landowners; following processing we will
      receive TIF revenue from new development.

      Recommendation:        CONTINUE


Middletown Coke TIF District
      Decription: parcels along Yankee Road including Suncoke parcels, Quaker Chemical,
      Pilot Chemical.

      Date of Execution: 4/21/2009       Length:              30 years
      Schools Harmless: Yes              Amendments:          No
      Real Property:     100%            Beginning Balance:   $-0-
      2010 Revenues:     $-0-            2010 Expenses        $-0-
      Revenues to Date: $-0-             Expenses to Date     $-0-
      Ending Balance: $-0-

      Recommendation:        CONTINUE
WARREN COUNTY TIFS

East End (South Towne Boulevard)         TIF District
      Description: parcels along South Towne Blvd including Wal-Mart.

       Date of Execution: 6/6/2000        Length:              15 years
       Schools Harmless: No               Amendments:          No
       Real Property:       66%           Beginning Balance:   $31,551
       2010 Revenues:      $251,506       2010 Expenses        $63,844
       Revenues to Date: $1,488,258       Expenses to Date     $1,269,045
       Ending Balance:     $219,213

       Recommendation:      CONTINUE

Towne Mall/Hospital TIF District
     Decription: Towne Mall area and commercial/hospital development area in East
     Renaissance District;

       Date of Execution: 12/20/2005      Length:              30 years
       Schools Harmless: Yes              Amendments:           No
       Real Property:      100%           Beginning Balance:   $11,308
       2010 Revenues: $385,557            2010 Expenses:       $269,526
       Revenues to Date: $758,328         Expenses to Date:    $630,989
       Ending Balance: $127,339

       Recommendation:      CONTINUE

Manchester Road RID District
     Description: 55 acres of residential land south of Manchester at Autumn Road.

       Date of Execution: 12/20/2005      Length:              30years
        Schools Harmless: Yes             Amendments:          No
       Real Property:     100%            Beginning Balance:   $-378-
       2010 Revenues:      $0             2010 Expenses:       $-0-
       Revenues to Date: $1,190           Expenses to Date:    $812
       Ending Balance: $378

       Recommendation:      CONTINUE
Renaissance North RID District
      Description: Renaissance residential area south of SR 122.

       Date of Execution: 12/20/2005       Length:                 30 years
       Schools Harmless: Yes               Amendments:             No
       Real Property:     100%             Beginning Balance:      $91,407
       2010 Revenues:     $96,615          2010 Expenses:          $62,400
       Revenues to Date: $320,874          Expenses to Date:       $195,252
       Ending Balance: $125,662

       Recommendation:      CONTINUE


Renaissance South RID District
      Description: Renaissance residential area closest to Hendrickson Road;

       Date of Execution: 12/20/2005       Length:                 30years
       Schools Harmless: Yes               Amendments:             No
       Real Property:     100%             Beginning Balance       $10,151
       2010 Revenues: $17,749              2010 Expenses:          $11,593
       Revenues to Date: $49,979           Expenses to Date:       $33,942
       Ending Balance: $16,037

       Recommendation:      CONTINUE



Sawyer’s Mill RID District
      Description:Residential area west of Dixie Highway north of Manchester;

       Date of Execution: 12/20/2005       Length:                 30 years
       Schools Harmless: Yes               Amendments:             No
       Real Property:     100%             Beginning Balance:      $-0-
       2010 Revenues: $-0-                 2010 Expenses:          $-0-
       Revenues to Date: $-0-              Expenses to Date:       $-0-
       Ending Balance: $-0-

       Recommendation:      CONTINUE
                                             ATTACHMENT 2

                       TAX INCENTIVE REVIEW COUNCIL MEETING MINUTES


                                            City of Middletown
                            Annual Review of Enterprise Zone Agreements Granted
                                                    and
                                   Tax Increment Financing (TIF) Districts
                                Period Ending 12/31/2010


                                    THURSDAY, FEBRUARY 24, 2011
                                             2:00 P.M.
                                      CITY COUNCIL CHAMBER


 MEMBERS PRESENT
 JUDY GILLELAND, City of Middletown, CEO designee
 RUSS CAROLUS, Finance Director, City of Middletown
 BILL BECKER, City Council Representative
 JULIE JOYCE-SMITH, Butler County Deputy Auditor
 ED POKORA, CFO, Butler Tech
 ROBIN LONG for LISA FAHNCKE, Treasurer, Middletown City Schools
 ERIC SOTZING, Treasurer, Lebanon City Schools
 CHRIS FIORA, Citizen
 PETE DOBROZSI, Citizen

 MEMBERS ABSENT
 ROGER REYNOLDS, Butler County Auditor
 KAREN ROYER, Warren Co. Career Center
 JANA BELLAMY, Treasurer, Franklin City Schools
 NICK NELSON, Warren County Auditor

 STAFF:
 DENISE HAMET, Acting Economic Development Director
 DEBBIE GARITSON, Administrative Assistant

 GUESTS:
 ROGER RAWE, Finance Manager, Aeronca, Inc.
BEN MCNARY, CPA Controller, PAC Worldwide
 ROBERT PARNELL, General Manager, Middletown Coke
 TRACEY TILLER, Accounting Manager, Quaker Chemical Corporation
 TINA HATFIELD, Accounting Manager, Steam Systems, Inc.
 MICHAEL HADJINIAN, President/ CEO, Ventilex USA
 JODI LEX, Business Manager, Ventilex USA
 DAN TENNITY, Client Services Supervisor, Paychex




                                            CALL TO ORDER
 The meeting was called to order by Ms. Hamet. She asked each of the members to introduce themselves. Quorum
 established.
                                                   MINUTES
                                                 March 1, 2010
The minutes had been sent via e-mail to all TIRC Members along with the meeting agenda. Hard copies were
distributed prior to the meeting along with the meeting agenda and TIRC information packets. Ms. Hamet noted
there were a few corrections made after the minutes had been sent. Page one, the City Manager’s name was
corrected; page two the motion was to cancel the Interscope agreement instead of continuing it; and page six,
change Mr. Roger Reynolds to Julie Joyce-Smith. Ms. Hamet asked for a motion to accept the minutes as corrected.
Mr. Carolus moved to accept the minutes as corrected. Mr. Dobrozsi seconded and the motion carried.

                                               INTRODUCTION
Before moving into the Tax Incentive Review, Ms. Hamet introduced Pete Langehorne. He was recently hired by
the City to research the Tax Increment Financing Districtsto be sure the City is getting the correct amount from each
TIF District. A meeting will be scheduled with the TIRC when the final report has been provided to the City. Mr.
Langehorne will attend the special meeting to present his findings and make suggestions regarding the individual
districts.


ANNUAL REVIEW OF ENTERPRISE ZONE AGREEMENTS GRANTED

Ms. Hamet described the status of Enterprise Zone tax abatement agreements within the City as of 12/31/10.

                                                  AERONCA
This agreement was created in 2000 to retain jobs and to expand the facility. Construction is complete and
investment exceeds expectations. After 9/11, employment dropped, and agreement was modified (abatement
percent was reduced to 50%) to account for lower than expected employment (155). Employment was maintained
at or near that level until 2010, during which time employment dropped to 118. Mr. Roger Rawe, Finance
Manager, said they average 125 full time employees. He said things have been slow but they are seeing continued
growth. The EZ abatement was evaluated at current employment level and it was determined abatement level of
50% remains appropriate based on investment, payroll, and number of employees.

Ms. Hamet recommended continuing. Mr. Carolus moved to continue the agreement. Mr. Dobrozsi seconded and
the motion carried.

                                    COMPARTIR/ PAC WORLDWIDE
Ms. Hamet reported that this new project was completed in 2008. Employment has increased to 228. The total
payroll new to Ohio is $2,337,724. The company has invested $14.6 million in real property and $18.7 million in
personal property. Ms. Hamet noted that this agreement will expire in 2018. This far exceeds investment and
employment commitments.

Mr. Ben McNary, Pac National, said they like the new facility and have created more jobs than expected for the
agreement. He said they often take in projects that have been outsourced and utilize the area temp agencies and
have 60-90 temporary employees at any given time to work on these additional projects.

A motion was made by Ms. Julie Joyce-Smith seconded by Mr. Chris Fiora to continue the agreement.
Motion carried.

                                             MIDDLETOWN COKE
Ms. Hamet reported that construction is well underway and the company held a job fair recently. Mr. Robert
Parnell, General Manager thanked everyone for their continued support. He said they had 2600 applicants at the job
fair and 200 applications via the internet. They will have 90 – 95 full time employees and anticipate production to
begin October 1, 2011.

Ms. Hamet recommends continuing the abatement. A motion was made by Mr. Bill Becker seconded by Mr. Ed
Pokora to continue the agreement. Motion carried.
                                            QUAKER CHEMICAL
Ms. Hamet reported the construction is complete to expand the existing facility. The company has exceeded
investment projections and is on target for new positions. Ms. Tracey Tiller, Accounting Manager, said the
company is a specialty chemical company that has its corporate office in Pennsylvania. The currently have a few
open positions. She invited those in attendance to take advantage of their volunteer program. Ms. Tiller said
Quaker pays their employees up to eight hours for volunteering in the community. She said this could be helping at
homeless shelters, food banks, etc.

Ms. Hamet recommended continuing the agreement. A motion was made by Mr. Chris Fiora and seconded by Mr.
Russ Carolus to continue the agreement. Motion carried.
                                                 STEAM SYSTEMS
Ms. Hamet reported this company was approved for their Enterprise Zone Tax Abatement late in 2010. Ms. Tina
Hatfield, Accounting Manager for Steam Systems was present to speak about the company. She said they do a lot of
work in paper mills. They make machines and sell parts for machines that make paper. In 2007, Steam Systems
opened a fabrication division in their shop that brought in six full time positions. Ms. Hatfield said the fabrication
division makes strainers, vessels, and a lot of code work for Wausau and Smurfit. They also have specialty teams
that travel across the country.

Ms. Hamet recommends continuing the agreement. Ms. Joyce-Smith moved to approve the recommendation. Mr.
Sotzing seconded and the motion carried.


                                                 VENTILEX USA
Ms. Hamet reported the construction is complete and investment exceeded expectations. She said Ventilex has a
new President/ CEO, Mr. Michael Hadjinian. Ms. Hamet introduced Mr. Handijian who said Ventilex builds fluid
bed dryers, very large piece of capital equipment for food and minerals processing. They currently are building a $1
million project for General Mills of Cincinnati who is making a cinnamon crisp cereal. They are an exclusive US
distributor, sales and service for Ventilex VE, Ventilex European, that builds the world’s finest food based energy
saving equipment.

Ms. Hamet recommended continuing the agreement. Mr. Pokora moved to continue the agreement. Ms. Gilleland
seconded and the motion carried.

                                         PAYCHEX/AL NEYER, INC.
Ms. Hamet exceeded commitment. Mr. Dan Tennity, Client Service Supervisor for Paychex, said they are unique in
the service industry compared to the rest of the companies represented. He said they are a payroll and human
resource service for small and medium sized businesses. He added they are happy to be stable this year.

Ms. Hamet recommended continuing the agreement. A motion was made by Mr. Sotzing and seconded by Mr.
Pokora to continue the agreement. Motion carried.

                                         PLEDGER ORTHOPAEDIC LLC
This agreement was created to finish out a 10,000 square foot building. Enterprise zone regulations limit the
abatement to the new investment above the purchase price of the existing building of $1.2 million. The agreement
was created to finish out a 10,000 square foot building. The agreement called for retaining 10 and hiring 13 full-time
and two part-time (total of 24 full-time equivalent). The company has downsized and the employment as of 2/18/11
had reduced by three to a total of 12 FTE.

Ms. Hamet mentioned the option of modifying the agreement to minimum levels to reflect the lower employment.
There would be a risk to Dr Pledger of continuing the agreement related to a potential clawback of abated taxes if
employment falls. Ms. Joyce-Smith said Butler County has done modifications with similar projects and it depends
if Warren County wants to do the paperwork. She continued this is a five-year agreement. If only five-years, it may
not present itself well enough to amend.
With no discussion, a motion was made by Mr. Carolus to amend the agreement to an abatement 35%, contingent
upon Pledger LLC agreement to maintain at least the current level of employment (nine) for the duration of the
agreement.. Ms. Joyce-Smith seconded and the motion carried.
                           STATUS OF TAX INCREMENT FINANCING IN 2010

                                     BUTLER COUNTY PROPERTIES

                              DOWNTOWN IMPROVEMENT TIF DISTRICT

Ms. Hamet reported that $15,765 was deposited into the TIF fund during 2010. The current balance is $13,342.
Ms. Hamet recommended continuing the agreement.

                                         AERONCA TIF DISTRICT

Ms. Hamet reported the following improvements: redevelopment of 18 acres (CORF project) and Sanitary Sewer
extension. $2,409 was deposited in the fund in 2010. Balance is $1,944. Ms. Hamet recommended continuing the
agreement.

                                 AIRPORT/RIVERFRONT TIF DISTRICT

Ms. Hamet reported the following improvements: Airport hangar upgrade, new hangar expansion, Sorg facility
demolition, purchase of property for economic development, Smith Park Sewer improvements; Carmody Boulevard
improvements, Boulevard resurfacing. $1,613 was deposited in 2010. The balance is $2,664. Ms. Hamet
recommended continuing the agreement.

                                           MADE TIF DISTRICT

Ms. Hamet reported the following improvements: Yankee Road improvements, Yankee Road extension (to SR 63).
Roadway resurfacing. $287 was deposited in 2010. The balance is $287. Ms. Hamet recommended continuing the
agreement.

                         MILLER ROAD NORTH and SOUTH TIF DISTRICT


Ms. Hamet reported the Revenue of $10,202 was deposited in 2010.         The balance is $22,643.    Ms. Hamet
recommended continuing the agreement.

                                        GREENTREE TIF DISTRICT

Ms. Hamet reported this is a portion of Greentree Industrial Park including PAC Worldwide and 3415 Emerald Way
undeveloped land. Revenue is expected in 2010. Improvement include Oxford State Road extension, Cincinnati-
Dayton Road improvement and Boulevard resurfacing. Several recent construction projects will generate future TIF
dollars. Ms. Hamet recommended continuing the agreement.

                                   MIDDLETOWN COKE TIF DISTRICT

Ms. Hamet said these are parcels along Yankee Road including Suncoke parcels, Quaker Chemical, and Pilot
Chemical. No proceeds have been received to date. Ms. Hamet recommended continuing the agreement.
                                   WARREN COUNTY PROPERTIES

                              EAST END (S. TOWNE BLVD.) TIF DISTRICT

Ms. Hamet reported that $251,506 was deposited into the TIF fund in 2010. The current balance is $219,212. Ms.
Hamet noted that the balance includes funds from all Warren County TIFs, and excludes an allocation to schools.
Ms. Hamet recommended continuing the agreement.
                                 TOWNE MALL/HOSPITAL TIF DISTRICT

Ms. Hamet reported the revenue was $385,557 in 2010.          The ending balance is $127,339.      Ms. Hamet
recommended continuing the agreement.

                                 MANCHESTER RID DISTRICT (WARREN)


Ms. Hamet reported there was no revenue in 2010 and the balance is $378. Ms. Hamet recommended continuing
the agreement.

                           RENAISSANCE NORTH and SOUTH RID DISTRICT

Ms. Hamet noted that revenues for 2010 were $114,094 and the balance is $141,659.
Ms. Hamet recommended continuing the agreement.

                                     SAYWER'S MILL RID DISTRICT

Ms. Hamet noted there has been some recent construction activity and recommended continuing the agreement.

Ms. Hamet said she and Mr. Carolus would meet with the consultant regarding the TIF information when the study
is complete. She asked the board had questions or comments. Ms. Joyce-Smith commented it is beneficial to have a
second set of eyes to review the information. She said the City knows their community better than the county
auditors.

Ms. Hamet recommends continuing all TIF Districts and a follow-up meeting of the TIRC will be scheduled when
the information is received from the consultant. Mr. Carolus moved to continue the TIF Districts. Mr. Pokora
seconded and the motion carried.

With no further comments, Ms. Hamet adjourned the meeting and thanked everyone for attending.

Meeting Adjourned at 2.43 P.M.
CONSENT
AGENDA
                                                                                                           7106
______________________________________________________________________________________
                                MIDDLETOWN, OHIO                      March 1, 2011

WORK SESSION          ROLL CALL: Middletown City Council met this date in Conference Room “4C” on the
  fourth floor of the City Building, One Donham Plaza, Middletown. Mayor Mulligan called the meeting to
  order at 5:30 p.m. Council members present: Allen, Becker, Scott Jones, Laubach, Mulligan, Picard, and
  Smith. Staff present: Acting City Manager Landen, Clerk Parr, S. Tadych, C. Strayer, N. Begley, D.
  Adkins, D. Hamet and K. Back.

    Public Meeting – Doug Adkins explained that during the Neighborhood Stabilization Program the City has
    purchased and been renovating ten homes. Some have been sold, some are for sale and some are still
    under construction. He stated there are HUD procedures in place to begin the process to start selling the
    properties. A realtor was hired and is on the ground working to list the properties, including those still
    under construction. A City of Middletown Division of Police employee, Kelly Metzcar, contacted the realtor
    about purchasing the property at 2210 Arlington. She had gotten preapproval for a home loan from her
    lender. When the City found out she was a city employee, they contacted the City Manager and Law
    Director to see if there were any issues prohibiting the purchase. Mr. Landen will be writing an opinion to
    the effect there are no conflicts. One of the procedures in the HUD guidelines is to announce this at a
    public meeting that has been published. That is the purpose of the public meeting tonight. Mr. Adkins said
    if there were any concerns he would address them and include comments in his correspondence to HUD.

    Mr. Smith asked if the employee should have come directly to the Community Revitalization Department.

    Mr. Adkins responded that they would have sent her to the realtor.

    Mr. Mulligan asked if all the same procedures had been followed as the other sales. He also asked if the
    money from the sale would go back into the program.

    Mr. Adkins said yes, all procedures are the same. The money is being recycled into demolition programs.

    Hydraulic Canal – Les Landen advised that several years ago after the dam broke, water through the
    canal was disrupted. There have been many complaints from neighboring properties. Last year, some
    money was set aside in hopes to do at least a piece of the repairs where there is stagnant water. He
    advised that Mr. Duritsch was absent and under pain medication and not able to attend.

    Scott Tadych explained that council received a report and drawing that would move discharge water being
    discharged from Aeronca into the canal. Aeronca’s discharge is permitted by EPA. In the 2010 Capital
    Improvement Plan budget it included $200,000 for this project. The preliminary plan relocates the
    discharge to a downstream location. Extending the forced main would require upgrades and a preliminary
    cost for the project is over $400,000. Several other sources of water get into the canal as well as the
    discharge water. The canal is low in areas and would still hold some water and they could still have some
    of the nuisance issues. Staff is now looking at $450,000 to move the discharge location and he asked for
    council’s thoughts.

    Mr. Picard asked if Aeronca was participating in the costs and Mr. Tadych responded no.

    Mr. Landen said Aeronca has full EPA permits and any participation on their part would be voluntary.

    Mr. Picard asked about filling in the canal.

    Mr. Tadych replied there would have to be piping to allow the storm water discharge. In 2006, a feasibility
    study was prepared and the prices ranged from 7.5 to 25 million dollars to deal with the entire canal.

    Mr. Picard said we are looking at spending $450,000 to move the discharge downstream, but would still
    have water in the canal. He asked how far the discharge location is to the river.

    Discussion ensued and it was estimated that the river is a similar distance from the discharge site. There
    is a forced main on Germantown Road but it’s sanitary sewer and not designed to take peak amounts of
    water. Regardless of what is done with repositioning the discharge pipes, the net effect would be the
    same and there was still a possibility of water ponding.

    Mr. Landen advised that staff is not making a recommendation here tonight. They are trying to get a
    sense of whether council wants to pursue this further.

    Ms. Scott Jones said one issue is that no one really owns the property. If not the homeowners, that’s why
    the City was being asked to pay. Aeronca has a permit and is not interested in doing anything.

    Mr. Landen said there were some issues about ownership. The City knows some owners. They asked a
    local attorney to help with the title searches. He went from the head-gates all the way down and we have
    determined ownership in places. There were other areas that were owned by companies and businesses
    that no longer exist and there are still questions of ownership. Not much is owned by the city.
                                                                                                                  7107
    Mr. Smith said if it were owned by the city then it’s the city’s responsibility to fix it.

    Mr. Landen said money has been invested in trying to find out ownership. Andy Singer, a local attorney,
    did all the real estate searches and there are spots we know absolutely who owns and there are places
    where there is no definitive ownership. Someone would have to go to court and say they want to own or
    don’t want to own this property.

    Mr. Picard said that would be an extremely expensive procedure.

    Mr. Allen added right now we don’t know if we can fix it anyway.

    Mr. Landen said keep in mind this is just one piece of it and it could solve part of the issues.

    Mr. Picard asked if we were able to determine who owned it, how that would help resolve the issue.

    Ms. Scott Jones responded from her understanding they have no way of finding out. Mr. Barge did
    extensive research as well and that little stretch is the unknown variable.

    Mr. Mulligan added that council did receive correspondence from Mr. Barge and he has been invited to
    come to the work session in April.

    Mr. Laubach said this project for him is a non-starter.

    Mr. Becker asked when we put $200,000 in the budget for this project.

    Mr. Landen said last year. Staff didn’t know how much it would cost to do this and as more work has been
    done it is clear that $200,000 won’t get done as much as we thought.

    Ms. Scott Jones explained there was a figure over $600,000 at one time. This issue has been talked
    about for at least five years. No one wanted to claim ownership of this little piece of property. There are
    three persons not here that should be here for these discussions.

    Mr. Smith said you can’t put a band aid on a broken bone, it just doesn’t work. He said until we know who
    owns all the property he can’t see putting $200,000 into the project. He said when cemeteries become
    vacated by businesses they revert back to the city, why doesn’t this also?

    Ms. Scott Jones recommended tabling this issue at least one more month to allow Mr. Barge to be here.

    Mr. Mulligan said they weren’t looking to vote this evening but just to have a report presented.

    Mr. Picard said it looks like the houses are 100 to 200 feet away from the canal.

    Mr. Landen explained that when the property was subdivided, they didn’t include the canal area in the
    subdivided lots. So technically the sub-divider owns the property, but is long since gone.

    Mr. Picard asked if the complaints were regarding stagnant water and mosquitoes.

    Ms. Scott Jones said the actual complaint was it is the city’s property and it’s the city’s responsibility.

    Mr. Becker stated if this were the city’s property, he is not ready to support $200,000 much less $400,000
    for the same net effect.

    Mr. Laubach asked the significance of rerouting the water when there is still trash and still an issue of
    water ponding in places. He said this doesn’t solve anything, he asked if he was missing something.

    Mr. Landen said staff is not saying that it won’t resolve some issues. There is no certainty that this will
    solve the problem. The engineers are saying you may do this and still have a part of the problem.

    Mr. Mulligan told staff to let Mr. Barge know to come to the April work session and put this back on the
    agenda. Staff will also provide the title search report by the attorney and the feasibility study that was
    created in 2006.

RECESS TO BUSINESS MEETING:

At 6:00 P.M. the work session recessed to the business meeting at 6:30 P.M.

                                                                ______________________________
                                                                Lawrence P. Mulligan, Jr., Mayor


                               Attest: ________________________
                                       Clerk of Council
                                                                                                         7108
 ______________________________________________________________________________________
                                 MIDDLETOWN, OHIO                      March 1, 2011

ROLL CALL            Mayor Mulligan stated in the interest of time, he was shuffling the agenda to move
                     the executive session to the beginning of the meeting agenda. He called the
                     meeting to order at 6:10 P.M. in the City Council Chambers, One Donham Plaza,
                     Middletown, Ohio with a moment of meditation followed by the Pledge of Allegiance
                     to the Flag. Members present: Becker, Scott Jones, Laubach, Mulligan, Picard and
                     Smith. Staff Present: Acting City Manager Landen, Clerk Parr, N. Begley, R.
                     Dalton, S. Tadych, K. Back, C. Strayer, D. Burke, R. Carolus J. Phillips, D. Hamet,
                     and N. Wilson.

EXECUTIVE SESSION    At 6:10 p.m. Ms. Scott Jones moved to go into executive session under the authority
                     of ORC 121.22(G) (4) Preparing for, conducting or reviewing negotiations or
                     bargaining sessions with public employees concerning their compensation or other
                     terms and conditions of their employment. Mr. Smith seconded and the motion
                     carried. Ayes: Becker, Scott Jones, Laubach, Mulligan, Picard and Smith.

MEETING REOPENED     At 6: 36 p.m. the Mayor declared the meeting reopened with the following council
                     members present: Allen, Becker, Scott Jones, Laubach, Mulligan, Picard and Smith.

CITIZEN COMMENTS     There were no citizen comments.

MANAGER REPORTS      Mr. Landen reported the city does have a signed agreement for the purchase of the
                     Manchester Inn, the building beside it and the vacant lot. He advised the deal would
                     be closed later this week.

CONSENT AGENDA       The matters listed under the Consent Agenda were presented:

                        (a) Approve: City Council Minutes: February 8, 2011 and February 15, 2011
                        (b) Receive and File Board/Commission Minutes:
                               Park Board – November 1, 2010
                               Board of Health & Environment- December 14, 2010, January 11, 2011
                               Middletown Cemetery Board – February 9, 2011
                               Middletown Public Housing Agency – February 15, 2011
                               Tree Commission – February 16, 2011
                        (c) Accept Resignation: Jeff McMullen from Tree Commission
                        (d) Receive and File Oath of Office: Special Police Commission for Nelson
                            Cole Janney
                        (e) Proclamations: March as Purchasing Month
                                     March as American Red Cross Month

MOTION               Ms. Scott Jones moved to approve the issues and actions as listed on the consent
                     agenda. Mr. Smith seconded and the motion carried. Ayes: Allen, Becker, Scott
                     Jones, Laubach, Mulligan, Picard and Smith.

COUNCIL COMMENTS     Mr. Allen commented on the loss of Mr. McMullen from the Tree Commission. He
T. Allen             said Mr. McMullen volunteered numerous hours and invested his own money and
                     should be recognized for his work and dedication.

A. Scott Jones       Ms. Scott Jones sent condolences to Edgar Howard on the loss of his mother and to
                     Mary Jane Adams and Firefighter Adams who lost their mother and grandmother.
                     Shee too wished Mr. McMullen well stating it is our loss.

A. J. Smith          Mr. Smith announced his first District Dialogue is set for one week from tonight at 6
                     p.m. at the Robert Sonny Hill Community Center. He stated it is informal and invited
                     all to attend. He invited those individuals that take an interest in standing with the
                     middle class to a demonstration on Wednesday at Grand and Breiel in opposition to
                     Senate Bill 5. He said this bill directly attacks the rights of public workers to bargain
                     with their public employers.

L. Mulligan          Mr. Mulligan announced several events including the 1st Friday luncheon concerts at
                     noon at the First United Methodist Church; also 1st Friday in the evening there will be
                     an art walk sponsored by Beauverre and studios located there in anticipation of the
                     upcoming opening of the Pendleton. The art walk features some of our youth artists
                     from grade school through high school. He also announced a free concert by the
                     SW Ohio Symphonic Band performing this Sunday at MUM. There are great free
                     things going on here in Middletown as well as the Middletown Symphony performing
                     at MUM. Mr. Mulligan acknowledged work going on in the Second Ward with the
                     Health Center construction. It is a development project at a prominent entrance to
                     our City. He also mentioned the activity at SunCoke and his attendance at an
                     advisory panel meeting last week. They are employing over 800 with the
                                                                                                     7109
                    construction. The hiring process has begun for the facility with over 2000 applicants
                    for about 100 positions. He said he invited SunCoke officials to an upcoming council
                    meeting to make a presentation. He said he is finalizing the State of the City date
                    and location. He announced the State of the City address will be held on March 31st
                    with the location to be announced by the next meeting.

Res. No. R2011-03   Resolution No. R2011-03, a resolution to make adjustments to
App. Adjustment     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, 2011 and declaring an emergency. (East End Fund) No action
                    requested until March 15, 2011.

                         D. Hamet explained the appropriations request for the Greentree Health
                    Science Academy stating last year there were 5.1 million dollars in stimulus bonds
                    secured for the project. She explained the request for emergency action at the next
                    meeting for about $355,769 needed to pay bills. Ms. Hamet introduced John
                    McKinney for a presentation.

                           John McKinney explained the project is a very large partnership located at the
                    Atrium Health Campus. The nice thing about the proximity is access to the medical
                    center. He announced the members involved. What’s unique about this project is it’s
                    one of the first that has a high school and university on campus. Slides were shown
                    of entrances, floor plans, labs, rooms set up as patience rooms, and there will even
                    be a simulated patient used for training purposes. It’s a very exciting project.
                    Construction started in December and an aerial footprint of the building was shown.
                    It is 32,000 sq. ft., one-story building. It will house up to 313 students with 200
                    parking spaces. The building will be substantially complete on July 27th and
                    academy will be open for fall quarter 2011.

                           Mr. Mulligan appreciated the update and looks forward to the project coming to
                    fruition.

Ord. No. O2011-11   Ordinance No. O2011-11, an ordinance establishing a procedure for and
Polymer Purchase    authorizing a contract with Polydyne, Inc. for the purchase for polymer for use at the
                    waste water treatment plant for the year 2011.(1st Reading)

                          Ms. Strayer explained that polymer is used at the Waste Water Treatment
                    Plant and separates water from sludge in the system. It is not and EPA required
                    treatment, but our plant requires this process. Many different chemicals have been
                    used. Polydyne is the only company that provides this type of polymer. Funding is
                    covered in the budget.

Ord. No. O2011-12   Ordinance No. O2011-12, an ordinance establishing a procedure for and
Miami Con. Dist.    authorizing a contract between the City and Miami Conservancy District for the
Contract Transfer   transfer of city owned property. (1st Reading)
Of Property
                          Mr. Tadych explained the City has approached the Miami Conversancy District
                    to transfer approximately 8.5 acres of land that does not serve any municipal
                    service. An aerial was shown of the location. The transfer will reduce our mowing
                    costs about $1500 annually. The city will maintain easements for the bike path. Staff
                    is recommending transfer of the property to MCD.

ADJOURNMENT         At 7:09 p.m. the meeting adjourned.

                                                     ______________________________
                                                     Lawrence P. Mulligan, Jr., Mayor


                       Attest: ________________________
                               Clerk of Council
                          BOARD OF HEALTH AND ENVIRONMENT
                                       MINUTES
                                   February 8, 2011

The Middletown City Board of Health & Environment met in regular session at 7:33 a.m. on February 8,
2011.

Members Present                                          Health Department Staff Present
Lawrence Mulligan, Jr. President                         Jackie Phillips, MPH, BSN, R.N.
Leslie Ford, President Pro tem                           Carla Ealy, R.S.
Sally Kash, M.S., R.N.                                   Paul Jennewine, M.D.
Margie M. Davis, R.N.,                                   Melissa Grooms
Ken Patrick D.V.M.
Mark Spaulding
David Schul
Charlene Kurtz, BSN, R.N.

Absent and Excused

Visitors
Brittany Pinter-Miami University student

Sally Kash introduced visitor Brittany Pinter from Miami University. She is pursuing her Bachelor’s Degree
in Nursing and is conducting her practicum with Sally.

ROLL CALL
Meeting was called to order by President Lawrence Mulligan Jr. at 7:33 am on February 8, 2011.
Motion: Spaulding moved, seconded by Schul to excuse absent board member Charlene Kurtz. Roll call
vote: Yes-6; (Ford, Kash, Patrick, Davis, Spaulding and Schul); No-0. Motion passed.
Charlene arrived 7:40 a.m.

CITIZENS COMMENTS
None

APPROVAL OF MINUTES –January 11, 2011
Motion: Patrick moved seconded by Davis to approve the minutes of January 11, 2011.
Roll call vote: Yes-6; (Ford, Kash, Patrick, Davis, Spaulding and Schul); No-0. Motion passed.

RECEIVE AND FILE FINANCIAL REPORT –January 2011
Motion: Schul moved, seconded by Kash to receive and file the January financial report.
Roll call vote: Yes-6; (Ford, Kash, Patrick, Davis, Spaulding and Schul); No-0. Motion passed.

Included on the Health Administration expense report is an unemployment expense. This was not budgeted
Will look into appropriating money from “Other Professional Services” line item.

The budget for 2012 will be a challenge. City Council has requested all departments to prepare a budget
with a 20% reduction. Mulligan stated that City Council wanted to see what departments could do in case
the public safety levy fails or local government funding decreases or if there are any other decreases in
state funding.

The Health Department is scheduled to see a fifty thousand dollar reduction in city subsidy for 2012. This
reduction along with the correction of “real” generated revenue and a 20% requested reduction from City
Council will result in a severely decreased budget for this department.
I will speak with city council to see if the city subsidy can increase. We will continue to focus on enhancing
revenue possibilities and collaborating with other health departments. I will also check the possibility of a
public health levy. This would need approval by the City Council.

The Board requested a list of all health department activities especially those that are mandated.

I have spoken with the City Manager about a health levy. It would support the Health Department without
need for city subsidy revenue. A health levy option would put the fate of a public health department in the
hands of the residents. Another option is to combine with public safety’s levy. The last option is to reduce
staff. The office consists of 4 full time employees paid from Health Administration. Staff reduction will result
in reduced hours of operation and would directly inconvenience residents and the organization.

Sally Kash asked what would be the likelihood of passing a Health Department levy or passing the public
safety levy. Mulligan stated that there are studies that can be done to see if it would pass. We need to look
very closely at different ways to save money and to increase revenue.



OLD BUSINESS


NEW BUSINESS
1. Approval of 2011 IAP (Immunization Action Plan) Grant
   Motion: Kash moved, seconded by Spaulding to approve the grant for the Immunization Action Plan.
   Roll call vote: Yes-7; (Ford, Kash, Patrick, Davis, Spaulding, Kurtz and Schul); No-0. Motion passed.
   Last year the city received $30,000 from the IAP Grant. This year the amount will be $38,293.

2. Adopt Sewer Connection Policy
   Motion: Schul moved, seconded by Kash to approve the Sewer Connection Policy.
   Roll call vote: Yes-7; (Ford, Kash, Patrick, Davis, Spaulding, Kurtz and Schul); No-0. Motion passed.
   This is the policy regarding the sewer connection process.
   There has not been a decision regarding the legacy systems or the Lefferson Road project.

3. 2010 Annual Report
   Ohio Rev Code mandates that the Annual Report be submitted to the Ohio Department of Health by
             th
   January 15 . They only require statistics but we were able to include a brief narrative for each program
   area.


REPORTS

HEALTH COMMISSIONER-Jackie Phillips
   Included in your packet is the work plan activity report that was submitted to the Ohio Department of
   Health for the final payment of the state subsidy.

    Our department worked with the Butler County Health Department preparing a press release regarding
    the fire in Madison Township.

    There was a correction needed for the article regarding state wide issuance of birth records. In almost
    all cases, records are issued the same day within 5 minutes.

    I worked closely with the Fire and Police chief during the ice incident. A lot of evening hours were
    spent on the phone between the fire, police and the EOC with Butler County. The Health department is
    responsible for shelters. The schools will be used as shelters since they have backup generators. The
    Community Center is listed as a shelter but it does not have a generator. The city manager received
    reports from EMA of how well City staff worked together during this incident.
There is a SunCoke Job Fair February 19, from 10a-2p held at Miami University Middletown.
                                                                                th
A Health Fair will be held at the Community Center 10-1 on Saturday, February 19 .


MEDICAL DIRECTOR-Dr. Paul Jennewine
I will have STD report at the next Board of Health meeting.


ENVIRONMENTAL HEALTH DIRECTOR-Carla Ealy
Jackie and I conducted a pre-administrative hearing with Close to Home regarding repeated violations.
Included in your packet are the actions they intend to follow. They have assured us they will maintain
compliance otherwise they will be required to attend the Board of Health meeting for an administrative
hearing.

We have been reviewing the contract with Terraine for computerized inspections. They have not
provided us with the technical support that we were anticipating as per the contract. Terraine
anticipated obtaining state contract but were unsuccessful. They have offered to assist us in making a
transition to another company or create another type of interface that requires less maintenance for
another system.

There was an inquiry regarding public notification or a grade scale for the inspections of restaurants.
This was discussed in the past but it was explained that this could be misleading. Columbus has a
color coded system which is dependent upon types of violations and inspections. Warren County uses
a sticker which indicates the date of last inspection. We can look into this idea further. We are
reviewing the process of putting inspections on the website for public access. The level one food
safety certificates are being displayed in some restaurant facilities.


ADJOURNMENT

The meeting was adjourned at 8:50 a.m. The next meeting will be held on March 8, 2011 at 7:30 a.m.




Jackie Phillips, MPH, BSN, R.N.                               Lawerence Mulligan, Jr.
Commissioner of Health and Environment                        President
Board Secretary                                               Board of Health and Environment
                              MIDDLETOWN CEMETERY BOARD
                                       MINUTES
                                   FEBRUARY 23, 2011

CEMETERY BOARD:            Mitchell Ballard, Steve Bohannon, Michael McNeil, Deb Morrison, Josh Toms

COUNCIL
REPRESENTATIVE:            Dan Picard

STAFF:                    Dave Duritsch, Director of Public Works & Utilities
                          Ron Phelps, Superintendent of Public Works – Streets, Parks & Grounds
                          Valerie Hamilton, Executive Assistant – Public Works & Utilities
                          Donna Beauregard, Public Works Parks Leader – Parks & Grounds

MEETING:                  Called to order at 5:00 p.m.

Roberts Rules of Order - Discussion regarding implementing Simplified Roberts Rules. Michael McNeil
motioned to approve the use of the Simplified Roberts Rules, Steve Bohannon seconded, motion passed.

Rules for Members/Statement of Commitment – Handout was distributed to the Board


ROLL CALL

Present: Mitchell Ballard, Steve Bohannon, Michael McNeil, Deb Morrison, Josh Toms

Absent:

Also present was City Staff Representatives Dave Duritsch, Ron Phelps, Valerie Hamilton & Donna
Beauregard (Cemetery Board Secretary)

APPROVAL OF MINUTES

Deb Morrison motioned to approve the February 9th Minutes, Steve Bohannon seconded, motion passed.


OLD BUSINESS

Sub-Committee Update: Steve Bohannon of the Publicity Committee reported that an article was
published in the Middletown Journal and that he had gave an interview with Channel 12. The citizen
comment link on the city website has been established and will stay active until March 4th. The Board will
prioritize the emails at the next meeting.

Deb Morrison of the Veterans Committee obtained a list of the veterans buried in the cemetery. In addition,
she contacted the VFW and the DAV for possible funding sources.

Michael McNeil and Mitchell Ballard of the Grant Committee met with the Middletown Community
Foundation to receive clarification of the Vault Restoration Grant. The application for the grant to repair the
tombstones is still being held by the Middletown Community Foundation. MCF is requesting the Board
make a commitment to publish a pamphlet and a walking tour in honor of the veterans who are buried at
the cemetery.

Michael McNeil motioned to resubmit the MCF grant, including a letter of commitment, for the repair of the
tombstones, Josh Toms seconded, motion passed.

Mitchell Ballard talked with AK Steel Foundation in regards to donating money for the vault rehabilitation.
The Board needs to submit the project including the requested amount for consideration by the foundation.

Michael McNeil motioned to reapply for a grant in the amount of $10,000 from the Miriam G. Knoll
Foundation for vault rehabilitation, Mitchell Ballard seconded, motion passed.

Michael McNeil motioned to resubmit the grant in the amount of $10,000 from Chase Bank for vault
rehabilitation, Mitchell Ballard seconded, motion passed.

Michael McNeil motioned to pursue a donation in the amount of $50,000 from the AK Steel Foundation,
Josh Toms seconded, motion passed.

Dave Duritsch raised a concern of whether the requested amounts would be enough to complete the work
as indicated in the grant. The commitment must be that we will raise the funds requested and that they
would be sufficient to complete the work. A 2009 memo prepared by the Department of Public Works &
Utilities regarding costs to restore the vault was distributed to the board members.


                                                       1
A draft of Rules & Regulations for cemetery were distributed for review.


OHIO CEMETERY FOUNDATION PRESENTATION

Presentation was given by David Schanteau, President of the OCF, in regards to their services in creating
a master plan and implementing fundraising for the cemetery. Mr. Schanteau stressed the importance of
developing the plan before you start soliciting funding.


NEW BUSINESS

Discussion was held in regards to the funds that are currently held by the city available for the cemetery.


OTHER

Michael McNeil requested Dave Duritsch bring a copy of the Ordinance declaring vault a historic structure.


ADJOURN

Michael McNeil motioned to adjourn the meeting, Josh Toms seconded, motion passed. Middletown
Cemetery Board adjourned at 7:15 p.m.



______________________________                              ______________________________
Mike McNeil, Chair                                          Donna Beauregard, Secretary




                                                      2
                             MIDDLETOWN TREE COMMISSION
                                       MINUTES
                               REORGANIZATION MEETING
                                    February 24, 2011

Present:                                    Staff Present:
Steve Lewis                                 Doris Baden
Jay Evans
Carolyn Keiffer
Tawna Leap

Steve asks for a special meeting to talk about restructure of the Tree Commission after Jeff
McMullen resigned. After a discussion it was decided to draft something for council
recommending that the Tree Commission add another voting member to the board and have the
three liaisons from other Commissions (Park Board, KMB and Bulls Run) be non-voting
affiliates and to change the ordinance to reflect this. This is because we have had such trouble in
the last five years filling those liaison posts and it has hampered the ability of the Tree
Commission to function as a voting body. Steve motioned that we follow through on this and
Tawna seconded. It passed unanimously. Steve said he would get something together and get
with Dave to start the process.

After a brief report and discussion Jay motioned and Tawna seconded that we go with the Arbor
Day Proclamation Doris had sent to Betsy. Steve will attend the Council meeting of April 19th to
accept.

It was decided to go ahead and hold the election of officers at this meeting since we had a
quorum. Carolyn nominated Steve as Chair, seconded by Jay. Steve nominated Jay as Vice-
Chair, seconded by Tawna. Carolyn motioned that the nominations be closed and to accept the
slate of officers as posed. Tawna seconded and it was unanimously approved.

Since Tawna has a conflict with the March meeting and her absence would mean there would be
no quorum it was decided that the next meeting be in April. If something comes up in the
meantime any votes will be done by e-mail.

The meeting was adjourned
                                      OATH OF OFFICE




        I, Jeff Phillabaum, do solemnly swear that I will support the Constitution and

laws of the United States and of the State of Ohio, and the Charter and Ordinances of the City

of Middletown; that I will not make or authorize expenditures of public money other than for

adequate consideration and efficient service; and that I will in all respects faithfully discharge

the duties of my employment or office for the City of Middletown, Butler / Warren Counties,

Ohio.


                                              \s Jeff Phillabaum


               Sworn to before me and subscribed in my presence this 23rd day of February, 2011


                                              \s     Karen L. Caverly
                                                     Notary Public, State of Ohio
                                                     My Commission Expires April 12, 2014


Position:       Maintenance Worker
For Meeting of: 1st Meeting of March
                                                                    STAFF REPORT
                                                            For the Business Meeting of March 15, 2011



March 10, 2011


TO:            Judy Gilleland, City Manager
FROM:          David Duritsch, Director of Public Works
               Cindy Strayer, Purchasing Agent


            Purchase and Installation of Ambulance Module, LN 11-7238-03


PURPOSE

       To request the authorization of a contract with Life Alert Rescue, of Oakwood, OH
(Paulding County), in the amount of $64,303.20 ($67,803.20 less $3,500 trade-in) to remount a
Horton ambulance box on a City-owned chassis.

BACKGROUND and FINDINGS

         As stated previously, the Division of Fire had four Horton ambulances that were in
serious need of replacement – three were on truck chassis, and one was a van chassis. We
determined that although the boxes were still in good shape, the chassis on these vehicles needed
to be replaced. The two remounts completed last year were on truck chassis. Last year’s
successful bidder (Life Star) has agreed to extend last year’s price for this year’s remount of the
truck chassis. We bid the fourth and final remount for the van chassis replacement. This report
is to request the authorization to award the lowest and best bid for the van chassis remount.

ALTERNATIVES

       The alternatives are to keep the current ambulances and continue with the escalating
maintenance costs, or to purchase new ambulances. We do not have the funds available for the
purchase of two new ambulances.

OTHER CONSIDERATIONS

       Bids were taken, with two bidders responding:

                      Company                         Remount         Trade-in         Total
       Life Alert Rescue – Oakwood, OH               $67,803.20        $3,500        $64,303.20
       Life Star Rescue, Inc. – Van Wert, OH         $79,500.00        $1,500        $78,000.00

        We have determined it would be better to trade-in the chassis, since there will only be a
specific use for the old chassis, due to the destruction of the cab during the original mounting
process. The cabs on the old chassis were cut away to mount the original box. For us to resell
the chassis on our own, we would have to purchase a kit to build up the back before we could
sell it.

FINANCIAL IMPACT

        The final cost for the remount project (chassis and remount for both vehicles in the 2011
budget) will be $269,161. There is $284,320 allocated in the 2011 budget for this project, so we
will realize savings of approximately $15,159.

RECOMMENDATION

        It is recommended the contract be awarded to Life Alert Rescue, of Oakwood, OH, in the
amount of $64,303.20 for the remounting of the Horton ambulance box onto a new International
chassis.

CONFORMITY TO CITY POLICY

          This purchase conforms to all City Purchasing policies and procedures.

EMERGENCY/NON EMERGENCY

          N/A

DEPARTMENTAL CLEARANCES

          Municipal Garage
          Division of Fire

cc:       Russ Carolus, Director of Finance
          Steve Botts, Fire Chief
          Les Landen, Director of Law
          Keith Back, Municipal Garage Supt.
          Brent Dominy, Fire Division
          Betsy Parr, Clerk of Council
          File

k:\agenda\staffrep\Ambulance Remount Bid
MOTION
AGENDA
                                                                    STAFF REPORT
                                                            For the Business Meeting of March 15, 2011



March 10, 2011


TO:            Judy Gilleland, City Manager
FROM:          Steve Botts, Fire Chief
               Cindy Strayer, Purchasing Agent

               Request for Purchase of Two Chassis off State Contract


PURPOSE

       To request authorization to purchase two International 2012 4300 SBA LP 4 x 2
(MH025) chassis from Center City International Trucks, of Columbus, OH, off the State of Ohio
contract in the amount of $158,003 for both chassis.

BACKGROUND and FINDINGS

        The 2011 budget includes funds for remounting two of our existing Horton ambulance
boxes onto two new chassis. As stated in a recommendation last year for the same type of
remount, we are recommending the remounting of the existing boxes (which are still structurally
sound) onto new chassis in an effort to save money. The 2003 Horton ambulance meets our
points criteria for replacement (points criteria = lifetime maintenance and repair costs;
mileage/hours; age). Although the 2006 Horton ambulance is short on points, it has had ongoing
issues with the air suspension system, diesel engine, transmission, and fuel tank. There has been
twice as much downtime on this ambulance as on the other ambulance, even though it is a newer
unit. Past experience with vehicles of the same make and model have shown increasing costs
and downtime associated with these same problems. Chassis issues make up the majority of the
downtime for ambulances. Ambulance downtime causes serious problems within the Fire
Division, so replacement at this time is recommended.

       This staff report is for the purchase of the chassis piece of the ambulance.

ALTERNATIVES

       The alternatives are to keep the current ambulances and continue with the escalating
maintenance costs, or to purchase new ambulances. We do not have the funds available for the
purchase of two new ambulances.

OTHER CONSIDERATIONS

       This purchase is being made off the State of Ohio contract, so bidding is not necessary.
FINANCIAL IMPACT

       The cost of the two chassis, plus the remounting portion of the project will total
$269,161. There is $284,320 in the budget for this project, which means we will be under
budget by $15,159. The City will realize a savings of approximately 30% over the cost of a new
ambulance.

RECOMMENDATION

      It is recommended the contract be awarded to Center City International Trucks, of
Columbus, OH, in the total amount of $158,003 for two International chassis.

CONFORMITY TO CITY POLICY

          This purchase conforms to all City Purchasing policies and procedures.

EMERGENCY/NON EMERGENCY

          N/A

DEPARTMENTAL CLEARANCES

          Municipal Garage
          Division of Fire
          Finance

cc:       Russ Carolus, Director of Finance
          Les Landen, Director of Law
          David Duritsch, Director of Public Works
          Steve Botts, Fire Chief
          Keith Back, Municipal Garage Supt.
          Brent Dominy, Fire
          Betsy Parr, Clerk of Council
          File
k:\agenda\staffrep\Ambulance Chassis
LEGISLATION
   ITEM 1
                                                 RESOLUTION NO. R2011- 03

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, 2011 AND DECLARING AN EMERGENCY. (EAST END
FUND)

      NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Middletown, Butler/Warren Counties, Ohio that:

                                                         Section 1

       The following sums are hereby appropriated from the East End Fund of the City to
accounts of the City for the purposes herein described as follows:

FROM: Unappropriated East End Fund (Fund #480)                                         $355,769.00
TO:    Accounts of 990 (480.990.544)                                                   $355,769.00
TOTAL EAST END FUND                                                                    $355,769.00

                                                         Section 2

        The Director of Finance is hereby authorized to draw his warrants on the City Treasurer
for payments from any of the foregoing appropriations upon receiving proper certificates and
vouchers therefore, approved by the Board of Officers authorized by law to approve the same, or
an ordinance or resolution of the City Council to make expenditures provided that no warrants
shall be drawn or paid for salaries or wages except to persons employed by authority of and in
accordance with law or ordinance.

                                                         Section 3

             All legislation inconsistent herewith is hereby repealed.

                                                         Section 4

         This resolution is hereby declared to be an emergency measure necessary for the
immediate preservation of the public health, safety and general welfare, to wit: so that the project
can be completed in time for the start of school and shall take effect and be in force from and
after its adoption.

                                                                __________________________________
                                                                Lawrence P. Mulligan, Jr., Mayor
Adopted: ___________________________


Attest: _________________________________
        Clerk of the City Council
H:/law/leg/2011 leg/r Approp East End Fund.doc
                                                                       STAFF REPORT
                                                           For the Business Meeting of March 1 2011



February 24, 2011


TO:            Judith A. Gilleland, City Manager

FROM:          Denise Hamet, Acting Economic Development Director

                             Appropriations Request
                        Greentree Health Science Academy




         PURPOSE

To appropriate the remaining unencumbered amount of $355,769 from the proceeds of the
Stimulus Bonds that were issued for the construction of the Greentree Health Science Academy.
The funds are requested to be appropriated from fund 480.990.544.00 (East End Fund).




         BACKGROUND and FINDINGS

Bonds, related agreements and contracts were authorized August 2011 for the development and
construction of Greentree Health Science Academy. Proceeds of $5,066,349.60 were received
from the bond issuance. The available funding after payment of issuance costs of $207,832.22
were $4,858,517.40. The majority of the money was encumbered for the Quandel contract in the
amount of $4,502,749.00. The remaining amount of $355,768.40 will pay for a portion of the
equipment and related costs.

Construction of the project is proceeding on schedule and on budget. Vertical and horizontal
steel is being erected. The project will be fully enclosed by Mid-March and will be substantially
complete Mid-July.
         ALTERNATIVES

   •    The alternative would be to not authorize the appropriation from the East End fund for
        the project.
       OTHER CONSIDERATIONS
None

       FINANCIAL IMPACT

The City will be reimbursed for debt service payments through lease payments from the
Greentree educational partners. Atrium Medical Center provided a guarantee of $1,000,000
toward the future lease payments. The City assumes the risk for the balance of the debt service
should the lease payments be insufficient to cover the debt service payments.

       RECOMMENDATION

Staff recommends that City Council authorize the appropriation of $355,769 from the East end
account number 480.990.544.00 for construction of the Greentree Health Science Academy.

       CONFORMITY TO CITY POLICY

This project is consistent with the City’s 2005 Master Plan and falls under Objective ED2:
“Establish an economic development entity with the authority and accountability to effectively
attract and retain jobs and businesses”.


       EMERGENCY/NON EMERGENCY

Staff is requesting that this legislation receive a first reading at the March 1st meeting and be
passed as an emergency at the March 15th meeting.

The request is being made to ensure that accrued bills can be paid in a timely manner, and the
project can move along and be completed in time for school to start.


        DEPARTMENTAL CLEARANCES

Law Department
Finance Department


        ATTACHMENTS
Greentree Flyer
LEGISLATION
   ITEM 2
                                                      ORDINANCE NO. O2011-11

AN ORDINANCE ESTABLISHING A PROCEDURE FOR AND AUTHORIZING A
CONTRACT WITH POLYDYNE, INC. FOR THE PURCHASE OF POLYMER FOR USE AT
THE WASTE WATER TREATMENT PLANT FOR THE YEAR 2011

      BE IT ORDAINED, by the City Council of the City of Middletown, Butler/Warren
Counties, Ohio that:

                                                             Section 1

        The City Manager, without complying with the procedures of Chapter 735 O.R.C. shall
enter into a contract with Polydyne, Inc. for the purchase of polymer for use at the Waste
Water Treatment Plant for the year 2011

                                                             Section 2

        For said purposes the Director of Finance is authorized and directed to expend a sum
not to exceed $250,000.00 from the Sewer Fund.

                                                             Section 3

       City Council hereby determines that the procedure to be followed in the award and
execution of the aforesaid contract shall consist solely of the procedure set forth in this
ordinance and the provisions of Chapter 735, Ohio Revised Code, shall not be applicable to
the award and execution of the aforesaid contract.

                                                             Section 4

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

                                                             Section 5

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


                                                               ___________________________________
                                                               Mayor

1st reading:          March 1, 2011
2nd reading:          March 15, 2011
Adopted:              _______________________
Effective:            _______________________


Attest:               ________________________________
                      Clerk of the City Council
H:/law/leg/2011 Leg/O polydyne polymer contract 2011.doc
                                                                      STAFF REPORT
                                                               For the Business Meeting of March 1, 2011



February 24, 2011


TO:            Judy Gilleland, City Manager
FROM:          Dave Duritsch, Public Works Director
               Cindy Strayer, Purchasing Agent


                              Request for Purchase of Polymer


PURPOSE

        To request authorization for a contract with Polydyne, Inc., of Atlanta, GA, in an amount
not to exceed $250,000.

BACKGROUND and FINDINGS

         Polymer is used at the Wastewater Treatment Plant to separate solids from the water in
the dewatering system. The treatment facility utilizes both a centrifuge and a dewatering belt
filter press in this dewatering operation. This polymer is a fairly specific chemical that is used
at the plant to assist in the process.

        Many different chemicals have been evaluated through trial and error over the years, and
this chemical gives us the most desirable dewatering results. Purchasing polymer is different
from many of the other chemicals we use since it has to specifically work with our sludge
characteristics.

ALTERNATIVES

       Polydyne is the only company that provides the polymer that we need to use, so we are
requesting council approve the waiver of bids for this contract. The liquid sludge must be
dewatered in order to be land-applied.

OTHER CONSIDERATIONS

       None.

FINANCIAL IMPACT

         There is sufficient funding in the 2011 chemical budget to cover the expected expenses
for this chemical. The exact amount is not known at this time, since usage of the polymer is
dependant upon the conditions at the plant (weather, usage, etc.), but we anticipate spending
approximately $250,000 on polymer in 2011.

RECOMMENDATION

        There is a sufficient amount of money in the Wastewater Treatment budget to cover the
cost of this chemical.

CONFORMITY TO CITY POLICY

          This purchase conforms to all City purchasing policies and procedures.

EMERGENCY/NON EMERGENCY

          Emergency legislation is not requested.

DEPARTMENTAL CLEARANCES

          Wastewater Treatment


cc:       Les Landen, Director of Law
          Russ Carolus, Director of Finance
          Dave Duritsch, Director of Public Works
          Paul Fraley, Wastewater Treatment
          Betsy Parr, Clerk of Council
          File
k:\agenda\staffrep\Polymer
LEGISLATION
   ITEM 3
                                  ORDINANCE NO. O2011-12

AN ORDINANCE ESTABLISHING A PROCEDURE FOR AND AUTHORIZING A
CONTRACT BETWEEN THE CITY AND MIAMI CONSERVANCY DISTRICT FOR
THE TRANSFER OF CITY OWNED PROPERTY.

       WHEREAS, the City owns an 8.5 acre tract of land adjacent to the Miami
River; and

       WHEREAS, this tract of land includes the bike path and is not suitable for
other development; and

       WHEREAS, Miami Conservancy District would undertake maintenance of the
land, except for the bike path, thereby reducing the City’s mowing costs;

      NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of
Middletown, Butler/Warren Counties, Ohio that:

                                      Section 1

       The City Manager without complying with the procedures of Chapter 721 of the
Ohio Revised Code or the procedures set forth in Ord. No. 02002-87, is hereby
authorized to enter into a contract with Miami Conservancy District for the transfer of
an 8.5 acre tract of land more specifically described in Exhibit “A”. The contract shall
be in a form and substance approved by the Law Director and the City Manager.

                                       Section 2

        This Council hereby determines that the procedure to be followed in the award
and execution of the aforesaid contract shall consist solely of the procedure set forth
in this ordinance and the provisions of Chapter 721, Ohio Revised Code and Ord. No.
02002-87, shall not be applicable to the award and execution of the aforesaid
contract.

                                      Section 3

        The City Council hereby determines that the property to be transferred by the
City is not presently needed for any municipal purposes.

                                      Section 4

       It is hereby determined that the subject matter of this legislation is not of a
general and permanent nature, does not provide for a public improvement, and does
not assess a tax or payment.
                                                                          Section 5

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

                                                                               ________________________________
                                                                               Lawrence P. Mulligan, Jr., Mayor

1st reading: March 1, 2011
2nd reading: March 15, 2011
Adopted: ______________________
Effective: ______________________


Attest:          ___________________________
                 Clerk of the City Council

H:/law/leg/2011 leg/O Transfer of Property to Miami Conservancy District.doc
                                                                     STAFF           R E P O RT
                                                            For the Business Meeting of: March 1, 2011




February 21, 2011

TO:          Judith A. Gilleland, City Manager

FROM:        David J. Duritsch Jr., Public Works & Utilities Director


                          PROPERTY TRANSFER TO MIAMI
                             CONSERVANCY DISTRICT


PURPOSE

To obtain City Council approval for the transfer of approximately 8.5 acres of land to the Miami
Conservancy District (MCD).

BACKGROUND and FINDINGS

The City of Middletown has approached MCD about transferring approximately 8.5 acres of City-
owned property to MCD. The property, located on the west side of Main Street (along the river)
across for 15th Avenue, does not serve a municipal purpose. The transfer of this property would
reduce our mowing costs along Main Street. MCD has expressed interest in the property and their
efforts to provide flood protection along the river.

The City would continue to maintain easements for utilities and the bike path on this property as it
does on other MCD owned properties north and south of this site.

ALTERNATIVES

The alternative is to keep the property.

FINANCIAL IMPACT

The transfer of property to MCD would save approximately $1,500 annually to the General Fund in
mowing costs.

CONFORMITY TO CITY POLICY

Conforms.
OTHER CONSIDERATIONS

None.

RECOMMENDATION

Staff recommends transfer of the property to the Miami Conservancy District.

EMERGENCY/NON-EMERGENCY

Non emergency.

ATTACHMENTS

Aerial Map Location



DJD/dd
   Leslie S. Landen, Law Director
   Betsy Parr, Clerk of City Council
   File
LEGISLATION
   ITEM 4
                                                          RESOLUTION NO. R2011-04

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, 2011, (COMMUNITY
DEVELOPMENT ACT 1974 FUND).

       NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Middletown, Butler/Warren
Counties, Ohio that:
                                                                     Section 1

       The sums are hereby appropriated from the Community Development Act 1974 Fund of the City to
accounts of the City for the purposes therein described as follows:

FROM: Unappropriated  COMMUNITY DEVELOPMENT ACT 1974 FUND (Fund #429)                                            $252,000.00
TO:   Accounts of 978 Residential Street Paving (429.978.54520)                                                  $200,000.00
      Accounts of 933 Community Center Programming (429.933.52996)                                                $10,000.00
      Accounts of 973 Housing Rehabilitation (429.973.52285)                                                      $18,000.00
      Accounts of 974 Code Enforcement (429.974.52885)                                                            $24,000.00
TOTAL COMMUNITY DEVELOPMENT ACT 1974 FUND                                                                       $ 252,000.00


FROM: Demolition Costs (429.942.52530)                                                                           $110,000.00
TO:   Unappropriated                                                                                             $110,000.00
TOTAL COMMUNITY DEVELOPMENT ACT 1974 FUND                                                                       $ 110,000.00

                                                                     Section 2

       The Director of Finance is hereby authorized to draw his warrants on the City Treasurer for payments
from any of the foregoing appropriations upon receiving proper certificates and vouchers therefor, approved by
the Board of Officers authorized by law to approve the same, or an ordinance or resolution of the City Council to
make expenditures provided that no warrants shall be drawn or paid for salaries or wages except to persons
employed by authority of and in accordance with law or ordinance.

                                                                     Section 3

             All legislation inconsistent herewith is hereby repealed.

                                                                     Section 4

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


                                                                                 __________________________________
                                                                                 Lawrence P. Mulligan, Jr., Mayor

1st Reading: March 15, 2011
2nd Reading: __________________________
Adopted: ___________________________
Effective: ___________________________


Attest:___________________________
           Clerk of City Council
H:/law/leg/2011 leg/r approp Comm Dev Act 1974 Fund.doc
                                                                         STAFF REPORT
                                                                     For Business Meeting: March 15, 2011




DATE           February 16, 2011

TO:            Judy Gilleland, City Manager

FROM:          Doug Adkins, Director, Community Revitalization

 SUBJECT       Revisions of Community Development Block Grant Budget

PURPOSE

To reconcile the 2011 City Community Development Block Grant budget with HUD’s Program Year
2011 budget.

BACKGROUND AND FINDINGS

Starting in approximately August of each year, the City prepares a budget for the next calendar year
for each department and division within each department. The City budget runs from January to
December, 2011.

The City of Middletown receives funding through the CDBG Program. On a scheduled basis, the
City prepares a yearly Action Plan which documents where each year’s funding is budgeted by
activity. HUD’s CDBG program year runs from May 1, 2011- April 30, 2012.

When the next year’s City budget is prepared, it is an estimated CDBG budget because the actual
activities for the next HUD program year have not yet been determined. With Council’s approval of
the 2011 Annual Action plan, we need to reconcile the chosen projects and budgets with the 2011
City budget.

ALTERNATIVES

Leave the preliminary budget in place. Certain projects will have HUD authority but no City
appropriation authority to expend CDBG funds.

FINANCIAL IMPACTS

None.

CONFORMITY TO CITY POLICY

Conforms to City policy.




                                                 1
RECOMMENDATION

Staff recommends the following adjustments to the 2011 Community Development Act 1974 Fund:

Account #                                                  Adjustment
429.978.54520        Residential Street Paving             + $200,000 (carryover from PY 2010)*
429.933.52996        Community Center Programming          + $ 10,000 Recreation software
429.942.52530        Demolition Costs                      - $ 110,000 demolition moved to NSP
429.973.52885        Housing Rehab CD Cont Svcs            + $ 18,000 Group Work Camps
429.974.52885        Code Enf. CD Cont Svcs                + $ 24,000 Com Gardens/Adopt a
                                                                         Lot/Land banking

* Will be used to reimburse the Capital Improvement Fund

EMERGENCY/NON EMERGENCY
This is a not an Emergency item.




                                             2
LEGISLATION
   ITEM 5
                           ORDINANCE NO. O2011-13

AN ORDINANCE APPROVING AN AMENDMENT TO AN AGREEMENT WITH
PLEDGER ORTHOPEDIC AND SPINE CENTER PROVIDING FOR THE
CONSTRUCTION OF A MEDICAL FACILITY AS A DEVELOPMENT PROJECT
AND TAX EXEMPTION PURSUANT TO THE STATE URBAN JOBS AND
ENTERPRISE ZONE PROGRAM, AND MAKING DETERMINATION IN
CONNECTION THEREWITH.

      WHEREAS, City Council authorized a tax abatement agreement with Pledger
Orthopedic and Spine Center (hereinafter “Pledger”) on May 19, 2009 in Ordinance
No. O2009-41; and

      WHEREAS, an Enterprise Zone Agreement was executed in accordance with
Chapter 5709 of the Ohio Revised Code; and

        WHEREAS, Section 5709.85(C) requires that a tax incentive review council
shall review the compliance of each recipient of a tax exemption under this program;
and

       WHEREAS, a duly appointed Tax Incentive Review Council reviewed the
compliance of Pledger with the Enterprise Zone Agreement and concluded that
Pledger had failed to meet its requirements for job creation and job retention as
provided in the Enterprise Zone Agreement at its February 24, 2011 meeting; and

        WHEREAS, at the same meeting, the Tax Incentive Review Council
recommended that the Enterprise Zone Agreement be modified by reducing the
abatement percentage on real property from seventy-five percent (75%) to thirty-five
percent (35%) based on current employment levels and require a minimum of nine
full-time equivalent employees; and

      WHEREAS, the City Council accepted the report and recommendation of the
Tax Incentive Review Board by motion at its March 15, 2011 meeting;

      NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
Middletown, Butler and Warren Counties, Ohio, that:

                                     Section 1

      The City Manager is hereby authorized to enter into an amendment of the
Enterprise Zone Agreement entered into by and between the City of Middletown and
Pledger. The Amendment shall be in a form substantially similar to Exhibit “A”
attached hereto.
                                                Section 2

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

                                                Section 3

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

                                                    ________________________________
                                                   Lawrence P. Mulligan, Jr., Mayor

1st Reading: March 15, 2011
2nd Reading:
Adopted:                                        ___
Effective:                                       ___


Attest:___________________________
          Clerk of City Council




H:/law/leg/2011 leg/O amend agree Pledger.doc
                                                                                EXHIBIT “A”


                                   FIRST AMENDMENT

                           ENTERPRISE ZONE AGREEMENT

                    PLEDGER ORTHOPEDIC AND SPINE CENTER

       This first amendment to the Enterprise Zone Agreement between the City of Middletown
and Pledger Orthopedic and Spine Center (hereinafter “Pledger”) is hereby entered into this
______ day of _______________________, 2011.

      WHEREAS, the City of Middletown and Pledger entered into an Enterprise Zone
Agreement on May 19, 2009, and in accordance with Chapter 5709 of the Ohio Revised Code;
and

       WHEREAS, the Tax Incentive Review Council determined that Pledger had failed to
meet its requirements for job creation and job retention as provided in the Enterprise Zone
Agreement and recommended that the Enterprise Zone Agreement be modified by reducing the
abatement percentage on real property from seventy-five percent (75%) to thirty-five percent
(35%) based on current employment levels; and

       WHEREAS, the report and recommendation of the Tax Incentive Review Council were
approved by City Council on March 15, 2011;

       NOW, THEREFORE, in exchange for the mutual covenants contained herein, the parties
agree as follows:

       1.     Pledger acknowledges that it has failed to meet its requirements for job creation
       and job retention as provided in the Enterprise Zone Agreement.

       2.    Pledger further acknowledges that the City may terminate or modify the
       exemption in the Enterprise Zone Agreement in accordance with paragraph ten of the
       same because of Pledger’s failure to fulfill its obligation.

       3.     Paragraph two (2) of the Enterprise Zone Agreement is hereby amended to read as
       follows:

          Pledger Orthopedic and Spine Center has relocated ten (10) employees to
          the project site and presently employs the equivalent of twelve (12) full-
          time employees. Pledger Orthopedic and Spine Center shall retain a
          minimum of the equivalent of nine (9) full-time employees during the
          term of this Agreement.

       4.     The percentage of the real estate tax abatement set forth in paragraph five (5) of
       the agreement shall be reduced from seventy-five percent (75%) to thirty-five percent
       (35%).
       5.     All references to DTE 23 shall be amended to DTE 24.

       6.     All remaining provisions of the Enterprise Zone Agreement, except as specifically
       addressed herein, shall remain in full force and effect.

        IN WITNESS WHEREOF, the parties have set their hands to this first amendment on the
date first written above.

PLEDGER ORTHOPEDIC AND SPINE CENTER


By:    _______________________________
       _______________________________
       _______________________________

CITY OF MIDDLETOWN



By:    ____________________________
       JUDITH A. GILLELAND
       CITY MANAGER



Attest: ____________________________
        BETSY PARR
        CLERK OF CITY COUNCIL


STATE OF OHIO,
COUNTY OF BUTLER, ss:

        Before me, a notary public in and for said County and State, came Judith A. Gilleland,
City Manager of the City of Middletown, Ohio and Betsy Parr, Clerk of City Council, on this
_____ day of __________, 2011, who each acknowledge the execution of the foregoing to be
their voluntary act on behalf of said City and the voluntary act and deed of said City.



                                           _________________________________
                                           NOTARY PUBLIC
STATE OF ______________________,
COUNTY OF ___________________, ss:

      Before me, a notary public in and for said County and State, came ________________,
___________________, on this _______ day of ________________________, 2011, and
acknowledges the execution of the foregoing to be his voluntary act on behalf of
_______________________ and the voluntary act and deed of _______________________.



                                         _________________________________
                                         NOTARY PUBLIC

Approved as to form:



_____________________________
Leslie S. Landen
Law Director, City of Middletown
LEGISLATION
   ITEM 6
                            ORDINANCE NO. O2011-14

AN ORDINANCE ESTABLISHING A PROCEDURE FOR AND AUTHORIZING A
CONTRACT WITH LIFE STAR RESCUE, INC. FOR THE PURCHASE AND
INSTALLATION OF AN AMBULANCE MODULE.

     WHEREAS, the City received bids last year for the remount of two ambulance
modules on chassis; and

      WHEREAS, a contract was awarded to Life Star Rescue, Inc.; and

       WHEREAS, an additional ambulance module is in need of remounting, and
Life Star Rescue, Inc. is willing to extend last year’s bid price to this remount;

      NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of
Middletown, Butler/Warren Counties, Ohio that:

                                      Section 1

        The City Manager, without complying with the procedures of Chapter 735
O.R.C. shall enter into a contract with Life Star Rescue, Inc. for the purchase and
installation of an ambulance module in accordance with a 2010 bid on file with the
City Purchasing Agent.

                                      Section 2

      For said purposes the Director of Finance is authorized and directed to expend
a sum not to exceed $46,804.00 from the Garage Fund (Fund # 605).

                                      Section 3

        City Council hereby determines that the procedure to be followed in the award
and execution of the aforesaid contract shall consist solely of the procedure set forth
in this ordinance and the provisions of Chapter 735, Ohio Revised Code, shall not be
applicable to the award and execution of the aforesaid contract.

                                      Section 4

       It is hereby determined that the subject matter of this legislation is not of a
general and permanent nature, does not provide for a public improvement, and does
not assess a tax or payment.
                                                       Section 5

       That this ordinance shall take effect and be in force from and after the earliest
period allowed by law.

                                                               _____________________________
                                                               Lawrence P. Mulligan, Jr., Mayor
1st Reading: March 15, 2011
2nd Reading: _____________________
Adopted:________________________
Effective:________________________


Attest: _________________________
        Clerk of the City Council

H:/Law/Leg/2011 Leg/O Purchase from Life Star Rescue
                                                                       STAFF REPORT
                                                              For the Business Meeting of March 15, 2011



March 10, 2011


TO:            Judy Gilleland, City Manager
FROM:          David Duritsch, Director of Public Works
               Cindy Strayer, Purchasing Agent


                       Purchase and Installation of Ambulance Module


PURPOSE

       To request City Council to authorize the extension of the 2010 contract price of $46,804
with Life Star Rescue, Inc., of Van Wert, OH, to remount a Horton ambulance box on a City-
owned chassis.

BACKGROUND and FINDINGS

         As stated previously, the Division of Fire had four Horton ambulances that were in
serious need of replacement – three were on truck chassis, and one was a van chassis. We
determined that although the boxes were still in good shape, the chassis on these vehicles needed
to be replaced. The two remounts completed last year were on truck chassis. Last year’s
successful bidder (Life Star) has agreed to extend last year’s price for this year’s remount of the
truck chassis. We had to bid the fourth unit (see additional staff report), since it was on a van
chassis and not a truck chassis. This report is to request City Council to authorize the extension
of last year’s bid price for this remount.

ALTERNATIVES

       The alternatives are to keep the current ambulances and continue with the excessive
maintenance costs, or to purchase new ambulances. We do not have the funds available for the
purchase of two new ambulances.

OTHER CONSIDERATIONS

        This price includes the trade-in of the existing chassis. We have determined it would be
better to trade-in the chassis, since there will only be a specific use for the old chassis, due to the
destruction of the cab during the original mounting process. The cabs on the old chassis were cut
away to mount the original box. For us to resell the chassis on our own, we would have to
purchase a kit to build up the back before we could sell it.
         Legislation is requested to waive the bid procedure and extend the 2010 price into 2011
for this purchase.

FINANCIAL IMPACT

        The final cost for the remount project (chassis and remount for both vehicles in the 2011
budget) will be $269,161. There is $284,320 allocated in the 2011 budget for this project, so we
will realize savings of approximately $15,159.

RECOMMENDATION

        It is recommended the contract be awarded to Life Star Rescue, Inc., of Van Wert, OH, in
the amount of $46,804 for the remounting of a Horton ambulance box onto a new International
chassis.

CONFORMITY TO CITY POLICY

          This purchase conforms to all City Purchasing policies and procedures.

EMERGENCY/NON EMERGENCY

          N/A

DEPARTMENTAL CLEARANCES

          Municipal Garage
          Division of Fire

cc:       Russ Carolus, Director of Finance
          Steve Botts, Fire Chief
          Les Landen, Director of Law
          Keith Back, Municipal Garage Supt.
          Brent Dominy, Fire Division
          Betsy Parr, Clerk of Council
          File
k:\agenda\staffrep\Ambulance Remount

				
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