Consent agenda - City of Middletown

Transcription

Consent agenda - City of Middletown
MIDDLETOWN CITY COUNCIL AGENDA
TUESDAY, November 2, 2010
I. BUSINESS MEETING – 5:30 p.m. – COUNCIL CHAMBERS, LOWER LEVEL
1.
MOMENT OF MEDITATION/PLEDGE OF ALLEGIANCE TO THE FLAG
2.
ROLL CALL
3.
CITIZEN COMMENTS
4.
5.
6.
7.
CITY MANAGER REPORTS
• Park Board Recommendation – Sunset Pool
• Combined Sewer Policy- Long Term Control Plan
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 October 19, 2010 and October 28, 2010
(b) Receive and File Board/Commission Minutes:
Library Board of Trustees – August 17, 2010 and September 21, 2010
Middletown Public Housing Agency – October 19, 2010
Tree Commission – October 20, 2010
(c) Receive and file Oaths of Office:
Christopher Bjorklund; Brandon Q. Dean; Michael E. Huling
(d) Personnel Transactions:
Appointment: Public Works Leader – Donna Beauregard
Termination: Part-time Bus Driver – William Burton
(e) Proclamation: VETERANS DAY – November 11, 2010
MOTION AGENDA
• Motion to correct previously approved incorrect figure of $141.22/ton for the Calcium Quicklime
purchase and authorize the purchase of Calcium Quicklime at $144.96/ton to Carmeuse Lime.
• Accept and Award Bid Tabulation: And award contract to Fender Construction in the amount of
$94,000 for replacement of bus shelters
COUNCIL COMMENTS …
II. LEGISLATION
1.
Resolution No. R2010-34, a resolution authorizing the City Manager to submit an application to the
Ohio-Kentucky- Indiana Regional Council of Governments for the Urban Area Transportation
Enhancement Program for the Interstate 75 and State Route 122 interchange areas. (2nd Reading)
2.
Ordinance No O2010-71, an ordinance establishing a procedure for an authorizing a contract with
Software Solutions, Inc. for accounting, payroll and personnel software. (2nd Reading)
3.
Ordinance No O2010-72, an ordinance authorizing a contract with Kemira Water Solutions Inc. for
the purchase of Ferric Sulfate for use at the Wastewater Treatment Plant. (2nd Reading)
4.
Ordinance No. O2010-73, an ordinance authorizing a contract with Statewide Ford Lincoln Mercury
for the purchase of six (6) 2011 Ford Crown Victoria Police Interceptor Vehicles. (2nd Reading)
5.
Ordinance No O2010-74, an ordinance establishing a procedure for and authorizing a contract with
Harrell’s for the purchase of golf course chemicals and declaring an emergency.
Middletown City Council Agenda
Tuesday, November 2, 2010
6.
Ordinance No O2010-75, an ordinance establishing a procedure for and authorizing an extension of
the contract with Roy Tailors Uniform Co., Inc. for the purchase of fire uniforms. (1st Reading)
7.
Resolution No R2010-35, 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, 2010. (Pool Fund, Parking Garage Fund, and East End
Development Fund) (1st Reading)
8.
Ordinance No. O2010-76, an ordinance eliminating certain funds of the City. (1st Reading)
9.
Ordinance No. O2010- 77, an ordinance amending Section 890.06 of the codified ordinances. (1st
Reading)
10. Ordinance No. O2010-78, an ordinance establishing a procedure for and authorizing a contract with
Roy Tailors Uniform Co., Inc. for the purchase of body armor. (1st Reading)
11. Ordinance No. O2010-79, an ordinance establishing pay ranges and certain benefits for employee
classifications in the Middletown Department of Health and Environment. (1st Reading)
12. Ordinance No. O2010-80, an ordinance establishing pay ranges and certain benefits for employee
classifications in the Municipal Court. (1st Reading)
13. Ordinance No. O2010-81, an ordinance establishing pay ranges, pay policy and benefits for various
salaried and hourly classifications within the service of the City. (1st Reading)
14. Resolution No. R2010-36, 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. (Annual Budget-2011) (1st Reading)
15. Resolution No. R2010-37, a resolution authorizing a contract with Mid-Commons, LLC and Venture 3
Enterprises, LLC for the purchase of certain real property located at One North Main Street aka the
Cinergy Building, Two-Four North Main Street aka the First Financial Building and Two South Main
Street aka the Bank One Building and declaring an emergency. (No action until November 16, 2010)
16. Resolution No. R2010-38, a resolution authorizing a contract with Manchester Enterprises, Inc. for
the purchase of certain real property located at 1027 Manchester Avenue aka the Manchester Inn,
101 Manchester Avenue aka the Sonshine Building, and 105 Main Street and declaring an
emergency. (No action until November 16, 2010)
III.
EXECUTIVE SESSION –
• Under the authority of ORC 121.22 (G)(3) Conferences with an attorney for the public body
concerning disputes involving the public body that are the subject of pending or imminent court
action; and
• Under the authority of ORC 121.22 (G) (2) To consider the purchase of property for public
purposes, or for the sale of property at competitive bidding.
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
CONSENT
AGENDA
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______________________________________________________________________________________
MIDDLETOWN, OHIO
October 19, 2010
ROLL CALL
Mayor Mulligan called the meeting to order at 6:30 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: Allen, Becker,
Scott Jones, Laubach, Mulligan, Picard and Smith. Staff Present: City Manager
Gilleland, Clerk Parr, Law Director Landen, R. Carolus, J. McCoy, N. Begley, R.
Dalton, D. Adkins, J. Phillips, D. Duritsch, C. Strayer, D. Burke, S. Botts and N.
Wilson.
Mr. Mulligan distributed and read a statement regarding conduct at meetings and
structure regarding discussion at the meetings. He said it was the privilege and
responsibility of city council to consider legislation and policies that impact the city
they serve. It is imperative that their discourse at the meetings reflects their
commitment to civil behavior, implementation of policies and achievement of their
goals. Council’s conduct is a reflection of the City of Middletown and it behooves
them to be mindful of the perception they engender. He said as a body, council is
here to represent the citizens they serve, to the best of their ability, without regard
to personal interests, respecting that each member is entitled to their opinion and is
diligently working in the capacity as a council member. It is expected that all
members prepare for meetings by reading packets in advance; reviewing staff
reports, and offering opinions and questions when relevant. He said that it is in this
vein that he will be restructuring discussions during meetings. It is his responsibility
to run these meetings in an orderly fashion. Mr. Mulligan said it is evident that
more structure is needed for debates during council. In the past there has been
good dialogue, and as with any debate and the serious issues being faced, it can
get heated and advocacy for each position can be passionate. An adequate
opportunity must be provided for all members of Council to be heard. In order to
expedite council business while affording equal opportunity for all, the rules of
discussion contained in the following are set forth as the official policy of Council.
1) Questions and comments from council will follow an order around the table,
similar to the clerk’s roll call vote process.
2) The Mayor shall recognize members taking the floor.
3) Each person who has the floor may ask questions of staff or provide their
perspective on the legislation or motion.
4) No member should be permitted to speak longer than five (5) minutes at any
one time.
5) No member should be permitted to speak more that two (2) times on any given
topic.
6) Following the end of each member’s comments, the Mayor would recognize the
next member, and the process would continue.
7) A period of follow up or rebuttal would occur in the same order.
8) No member or person should be permitted to speak the second time until all
members have been heard at least once or a member who has not been heard
wishes the floor.
9) At the conclusion of the discussion, the Mayor will call for the roll call vote.
The expectation is that each council member would have adequate time to air their
perspectives, gather additional information through questions, and provide an
opportunity for all to weigh in on an issue. As questions are being asked and
answered, there should be no interruptions from other council members or staff until
the question or comment is completed. He also asked that distractions such as
sifting through papers or checking emails or texts be limited to when only
necessary.
He said the City Manager would be recognized for additional perspectives and
information as necessary. Presenting staff members may defer to the City Manager
for comment or more clarity for their response. As a reminder from the recently
adopted rules of council, Mr. Mulligan read: Conduct of Public Meetings - Members
shall prepare themselves for public issues; listen courteously and attentively to all
public discussions before the body; and focus on the business at hand. They shall
refrain from interrupting other speakers, making personal comments not germane to
the business of the body, or otherwise interfering with the orderly conduct of
meetings. He said he thinks these rules will be in the best interest of all.
CITIZENS COMMENTS
Mr. Lenny Robinson, 259 N. Breiel Blvd., said he represents Commerce Corner
LLC, and was present to publicly announce he has filed a second petition to vacate
Commerce Drive and it is on the agenda. He said he withdrew the original petition
that was filed in March of this year. Under O.R.C. he was going to take this to
Common Pleas Court. He ran into the Mayor at TV Middletown and asked Mr.
Mulligan if he knew what was going on with his petition and he did not. He told Mr.
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Mulligan about the petition to vacate. Two of the representatives from three
prospective businesses that want to locate on Commerce were present. They were
Grismer Tire and Hardee’s Restaurant. They both have committed to coming to the
City. This is important to get this street vacated to house all three of these
businesses. They have fought through the zoning ordinances. He said he also
asked the Mayor if he knew about the criminal charges that were filed against him
regarding signage and he did not. Mr. Robinson said he was taken to court on a
zoning violation and the Judge ruled the zoning law was unconstitutional. He was
disappointed that instead of getting together to work things out, the City has put
together an appeal. He felt this was something that Council had been kept in the
dark about and he said he respectfully hopes that council will direct staff to process
this petition and put it on Planning Commission’s agenda for November.
Wanda Glover, 1106 Calumet, Chair of Second Ward Community Council and
Community Liaison for NAAC, spoke in opposition to the proposed changes to allow
Board and Commission members from outside the city to serve on city boards. She
encouraged council not to vote to allow committee members who do not live here to
serve on our committees. She also announced that everyone should go out and
vote. Council sometimes gets passionate during discussions and sometimes it is
necessary to speak more than twice. She said the Mayor should be impartial all the
time. It’s not fair to not listen and weigh each council person’s statements. If it’s
going to be four against three every time, what’s the point?
Mike Presta, 4312 Pennswood Drive, also spoke regarding boards and
commissions. He said the only purpose of all these boards and commissions is to
advise council. It’s not necessary to have liaisons from council to all these boards
and committees. He said he never hears council updating the rest of council on
what is happening. He suggested if they want an out-of-town expert, that expert
could take the position of the council liaison’s non-voting seat.
Rosa Lean Lindsey, 813 15th Avenue said she has lived in Middletown for 62 years.
She said Middletown used to have three pools divided by communities. The City
Manager would have been allowed to go to two of those pools and Ms. Lindsey said
she was allowed to go to one of them. She said the City never followed through
with recommendations that were given. She said Council embraced a dog park and
could not embrace the one pool left. She said there was $100,000 in CDBG funds
that could be used for recreation. Children cannot learn to swim on splash pads.
Also, she spoke concerns regarding allowing out of town persons to serve on
committees. She asked how long you have let persons serve that are not residents.
If you can change the language on the application, then you can put a line on the
water bill for support of the pool.
MANAGER REPORTS
Ms. Gilleland said the Park Board did make a recommendation to present to
Council regarding Sunset Pool. That recommendation will come to the next Council
meeting.
CONSENT AGENDA
Clerk Parr said the matters listed under the Consent Agenda were lengthy. She
asked if there were any items council wanted to discuss separately.
B. Becker
Mr. Becker asked the process for receiving and filing petitions to vacate.
L. Landen
Mr. Landen answered Petitions to Vacate are received by the Clerk’s Office,
reviewed by City Staff and submitted to City Planning Commission with a
recommendation from staff. Planning Commission then makes a recommendation.
After that occurs it comes to Council as legislation and council makes a
determination on the recommendation of Planning Commission.
D. Picard
Mr. Picard asked if Planning Commission votes no, will it still come to council.
L. Landen
Mr. Landen answered yes. It is a legislative decision it is ultimately Council’s
decision.
D. Picard
Mr. Picard said since we heard a petition was filed in March then later withdrawn, is
there a time frame to consider a petition.
L. Landen
Mr. Landen said under State Law there is a time frame. The original petition was
held while staff did due diligence to determine the value of the property, etc. It was
being placed on next Planning Commission Agenda when the vacation petition was
withdrawn. The appraisal took longer than usual. Staff was ready to make a
reasonable recommendation to Planning Commission. This current petition has
already been placed on the November Planning Commission Agenda.
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A. Scott Jones
Ms. Scott Jones asked why we were appealing this decision. Is this the same
petition that Mr. Robinson just spoke of?
L. Landen
Mr. Landen said probably because the City Manager doesn’t feel it’s an
unconstitutional ordinance and asked him to appeal it.
J. Gilleland
Ms. Gilleland added there are two separate issues. One is regarding the petition
to vacate the other is an appeal over a visiting Judge’s decision on a sign issue on
our sign code and that can be discussed in executive session.
A. Scott Jones
Ms. Scott Jones said this petition is to vacate, and there is another part of this
scenario regarding a criminal case that he was charged with that was ruled
unconstitutional. She wasn’t aware of it and doesn’t want to put anyone on the
spot, but wants to discuss that further.
Ms. Gilleland
A. Scott Jones
Ms. Gilleland said we can discuss the sign issue in executive session.
Ms. Scott Jones said she didn’t think we had too since Mr. Robinson brought it
forward, but we could.
CONSENT AGENDA - The matters listed below and presented under the Consent
Agenda were not read during the meeting.
Approve: City Council minutes October 5, 2010
Receive and File Board/Commission Minutes:
Board of Health & Environment - September 14, 2010
Civil Service Commission – August 5, 2010
Airport Commission – July 14, 2010 and August 4, 2010
Confirm Personnel Transactions:
Firefighters – Timothy Hank Gibson and Brian Lykins
Accept and Award Bid Tabulations to:
JCI Jones Chemicals, Inc. for the purchase of Sodium Hypochlorite in the
amount of $.69/gal for the Water Treatment Plant and $.67/gal for the Wastewater
Treatment Plant
F2 Industries, LLC for the purchase of Sodium Hexametaphosphate in the
amount of $5.335/gallon
M. P. Dory Co. in an amount not-to-exceed $99,706.00 for painting of sign
structures and replacement of overhead guide signs along SR 122
Receive and file Petitions:
Petition for vacation of alley abutting Vanderveer Street
Petition for vacation of a certain portion of old Commerce Drive
Proclamation: YWCA Outstanding Women of Achievement Day honoring:
Reverend Isophene Andrews, Linda Bonham, Elaine Garver, Donna Kramer, Mae
Prentice
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.
MOTION AGENDA
Authorizing a Contract for the purchase of Calcium Quick Lime in the
amount of $141.22/ton for truck delivery to the Water Treatment Plant.
Purchasing Agent, Cindy Strayer, explained the request for the purchase of
Calcium Quick Lime.
MOTION
Ms. Scott Jones moved to approve the issues and actions as listed on the
Motion Agenda. Mr. Smith seconded and the motion carried. Ayes: Allen, Becker,
Scott Jones, Laubach, Mulligan, Picard and Smith.
COUNCIL COMMENTS
Mr. Allen said having learned about an issue this evening, he encouraged
T. Allen
anyone with a concern to feel free to email or call him. He in particular wants to know
about these things. He encouraged contact stating if Council doesn’t know about an
issue they can’t address them.
J. Laubach
Mr. Laubach announced his third and final town hall meeting set for
Wednesday, November 17th from 6 to 7:30 p.m. with the location to be determined.
He encouraged all to attend and bring their concerns. In light of the Mayor’s
comments for the evening regarding comments, he said they are dealing with
serious matters of government and will probably all become passionate. It will
happen from time to time and the discussions should be passionate. He said they
are all adults, all professionals and will move forward to get business done.
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A. Scott Jones
Ms. Scott Jones said with no disrespect to the comments given by the Mayor,
she will be checking her text occasionally. Her husband is a commercial truck driver
and there is nothing more important to her than his safety. She sent continued well
wishes to Mr. Jesse Hill. She also sent condolences to the Mayor of Moraine’s
family. He was killed in a recent accident. She announced her last Town Hall
meeting which is set for Monday, October 25th from 6 to 8 at the Old Bullwinkle’s.
She said to enter at the front desk of the Country Hearth Inn. She also announced
that she and her husband were invited to coach eight graders from Verity and Vail in
a softball game. The initiative will continue through the next few years and the
purpose is to foster community spirit so when these 7th and 8th graders get to the
high school level, they will be able to acknowledge each other.
D. Picard
Mr. Picard explained the entrance for the Town Hall meeting is through the
registration desk at the Country Hearth Inn. He said he spent the better part of the
month trying to find a location in the 4th Ward for a meeting. If someone in the 4th
ward has a room available, please contact him. Mr. Picard stated his support for both
petitions for vacations that are on the agenda. He said he would strongly support
both of those petitions and associated projects that would add jobs and therefore
taxes and he strongly supported both.
B. Becker
Mr. Becker stated he saw an article in the paper about the 800MHZ radio
system and the county’s $2M shortfall. He asked for an update at a future council
meeting.
J. Gilleland
Ms. Gilleland said yes, the chief has been involved in the discussions.
A. J. Smith
Mr. Smith advised that Election Day is in two weeks. He said it is the
responsibility of all to get out and vote and make your vote heard. He gave
information for the Butler County Board of Elections if anyone needs information. He
asked for all to excuse him from the next council meeting. His job with the Secretary
of State requires him to be available until all votes have been counted on that day.
He said he recently learned about Mr. Robinson’s concern regarding the appeal on
the lawsuit on criminal charges. He said he has great concern over this. He also
asked those with concerns to reach out to him. He gave his phone number 513-3486434 or email address as [email protected].
L. Mulligan
Mr. Mulligan asked for support for the Senior Levy which is Issue 6 on the
ballot. He said it won’t raise taxes and it directly affects benefits here for our seniors.
He asked for due consideration and support. He commended the youth Purple
Palooza Drive. They are bringing back purple pride and he wished the Middies well.
He said Mark Kerns is organizing these efforts. He spoke about an MHS academic
team that competes against other school teams. Participants are competing against
Wayne High School and it’s good to see the Middies competing. He announced
Trick or Treat on Sunday night the 31st. He asked all to watch out for the little ones.
He commended the City Manager for her regional efforts working with the City of
Hamilton on building inspection reciprocity. We are helping the City of Hamilton and
look forward to them helping Middletown. He said Keep Middletown Beautiful, Park
Board, and Tree Commission members have been working on ideas that they want
to present in an effort to recognize Mr. Jim Armbruster with a memorial. Staff has
been involved as well. He extended thanks to SunCoke for the citizen advisory
board. They took a recent tour which was very informative and showed SunCoke’s
commitment to safety. It’s good they are engaging the community. The committee
contained a very good group of individuals working for the betterment of the
community. Regarding the vacation of the property, he said Mr. Robinson did run
into him. He said some things go through an administrative process and there are
some things that council can address. He said he was glad to see we are working
toward a resolution and mutual satisfaction. He stated his appreciation to the
citizens for their thoughts on boards and commissions and he thanked Ms. Parr for
her summary on board and commission seats. She brought up some good points
regarding members on these board and commission seats. There are a number of
good reasons to consider the amendments. Some boards and committees have
seats for employees and other officials that cannot be required to live in the city.
Council does give very good consideration to residents of Middletown.
Ord. No. O2010-67
Synagro Contract
Ordinance No. O2010-67, an ordinance authorizing a contract with Synagro
Central, LLC for biosolids management service was read for the second time.
Ms. Scott Jones moved for the adoption of O2010-67. Mr. Smith seconded.
Mr. Allen stated he will abstain because his company represents Synagro.
Motion carried. Ayes: Becker, Scott Jones, Laubach, Mulligan, Picard and
Smith. Abstain: Allen.
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Res. No. R2010-33
Appropriations
HOME Fund
Resolution No. R2010-33, 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, 2010. (HOME
Fund) was read for the second time.
Ms. Scott Jones moved for the adoption of R2010-33. Mr. Smith seconded and
the motion carried. Ayes: Allen, Becker, Scott Jones, Laubach, Mulligan, Picard and
Smith.
Ord. No. O2010-68
Amend 1411 Flood
Ordinance No. O2010-68, an ordinance amending Section 1411 of the Codified
Ordinances (Flood Damage Prevention) was presented and read the second time.
Ms. Scott Jones moved for the adoption of O2010-68. Mr. Smith seconded
and the motion carried. Ayes: Allen, Becker, Scott Jones, Laubach, Mulligan, Picard
and Smith.
Ord. No. O2010-69
Amend 260 Boards
Ordinance No. O2010-69, an ordinance amending sections 260.01 (Required
Meeting Minutes); 260.02 (Failure to Attend Meetings); and 260.03 (Residency
Requirement) of the Codified Ordinances was presented and read for the second
time.
Mr. Picard moved for the adoption of O2010-69. Mr. Allen seconded.
Discussion
Mr. Laubach said he understands some of the logic to change the residency
requirement to meet supposed needs on these boards and committees. There are
50,000 plus citizens in the city and he said we should have people from the city on
the boards and committees advising council with the exception of library board.
Mr. Picard said as he stated at the last meeting, the situation with the cemetery
board is a perfect example. There is only one person who has run a cemetery,
works in the city, and provides jobs in the city. If we were not to adopt this
ordinance, he would not be able to serve. He said here the city would miss an
opportunity to tap into the knowledge and experience. There is a long history of
persons serving who have done a great job for all our benefit.
Mr. Smith advised his stance has not changed since the last meeting. He
thinks it’s a wrong thing to do. He supported the idea of Mr. Presta and said those
persons could serve as advisors. He agreed with others who spoke. There is surely
someone interested and passionate to serve out of 50,000. His reason for not
supporting is he feels they are opening these positions to special interest groups that
don’t have the city in their best interest.
Mr. Allen felt the ordinance should be changed. He said we have an
opportunity to obtain expertise from someone who volunteers their time in this
community. These are not paid positions. These are not special interest groups. It
broadens the pool and opens the door to people that may have expertise. They offer
their opinion, that’s all. He didn’t think council should unnecessarily restrict those that
own businesses here from serving. Also, legally we can’t require some of these
board members to live here.
Mr. Becker said when you look at what we do today it puts us in line with what
we have been doing the past several years. There are many business owners who
could serve. He said he is a strong proponent toward regionalization and feels it’s a
good move. He said Middletown is not in a vacuum.
Ms. Scott Jones said having sat on many boards, national, regional and local
over the past thirty years; they had board members and advisors. She would make
the recommendation to have advisors to the board. She wouldn’t want to insult the
people that put her in office. She won’t support the ordinance as written. She
recommended advisors to the boards if needed.
Follow-up
Discussion
Mr. Laubach said Mr. Becker brought up a good point about opening the door
to regionalization. Mr. Laubach thought they should be against regionalization
particularly when it comes to making policy. He said if technical expertise is needed,
he would pose the question of what does staff do. The law director, public works
staff, etc. they are experts. Administration should be responsible to run that
cemetery. To bring people in from outside is a clear violation of basic governing. He
said Council is policy makers and controls the destiny of the City. It is the local level,
but for some it is their only way to reach out and touch somebody.
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Mr. Picard said he was sorry to hear fellow council members against
regionalism. Council needs to look around at what’s going on. There are fewer and
fewer dollars to go around. They all have police departments, fire departments, and
other city services. They need to cooperate with our surrounding communities. They
all spend money on the same services. There is a lot of duplication of efforts and
council needs to look around and look at ways to save money. As Ms. Strayer has
done with purchasing of commodities, you have to look around at all options. He
related and compared the Middletown United Way merger with Cincinnati United
Way. He said Middletown UW would no longer exist had that merger not happened.
Mr. Smith said he is in no way against regionalization, but he is still opposed to
opening up our boards and committees to non residents as voting positions. He is
not opposed to having those out of town members on the board as advisors. He felt
we should continue to explore regionalization in some instances, not all.
Mr. Allen disagreed it would be insulting to the citizens of Middletown. He said
what was insulting is to turn away volunteers that own businesses in Middletown, to
give advice to city. Council still has a preference. The ordinance says the appointee
should be an elector of the city. He encouraged all to submit applications; every
citizen that wants to donate their time should submit an application. If no one
volunteers, then Council is stuck.
Ms. Scott Jones said all are entitled to their opinion. That’s why there are
seven people here that represent different constituencies. She said make the non
residents advisors. Regionalization is one thing, this is not about regionalization.
This is a smoke screen. This is about allowing people from outside the city to sit on
the City’s boards and committees. Everyone is not inviting people to serve. If we
want the expertise, fine, make them advisors.
MOTION APPROVED TO
Mr. Smith moved to continue discussion. Mr. Laubach seconded and the
CONTINUE DISCUSSION motion carried. Ayes: Scott Jones, Laubach, Mulligan and Smith. Nays: Allen,
Becker and Picard.
Mr. Laubach commented on the discussion regarding fewer dollars and the
need for regionalization as a matter of existing in government. If they are serious as
legislators and the state is serious as legislators, the problem is not that they need to
have a collective government. The problem is that government spends too much
money. The government needs to get serious with pensions, health care plans,
social programs, etc., those are the real problems. There is too much spending from
Middletown to Washington, D.C.
Mr. Smith said he didn’t understand Mr. Allen’s statement regarding another
council member’s comments in terms of insulting our residents. He said he agreed
with the Vice-Mayor when we say we are insulting our residents to say we need to
find someone else. He didn’t see the harm in having those individuals serve as
advisors to those boards and commissions.
MOTION TO ADOPT
O2010-69 CARRIED
Ayes: Allen, Becker, Mulligan, and Picard. Nays: Scott Jones, Laubach and Smith.
Ord. No. O2010-70
Amend 436.072 OMV
Ordinance No. O2010-70, an ordinance amending sections 436.072 (Operating
Motor Vehicle Without Valid License) and 436.074 (Driving Under Financial
Responsibility Law) of the Codified Ordinances was presented for second reading.
Ms. Scott Jones moved for the adoption of O2010-70. Mr. Smith seconded
and the motion carried. Ayes: Allen, Becker, Scott Jones, Laubach, Mulligan, Picard
and Smith.
Res. No. R2010-34
OKI Application
Resolution No. R2010-34, a resolution authorizing the City Manager to
submit an application to the Ohio-Kentucky- Indiana Regional Council of
Governments for the Urban Area Transportation Enhancement Program for the
Interstate 75 and State Route 122 interchange areas was read for the first time.
Mr. Duritsch made the presentation regarding the enhancement program for
the I-75 and SR 122 interchange areas.
Vice Mayor Jones stated she serves on OKI and will abstain from the vote on
this resolution in two weeks.
Ord. No. O2010-71
SSI Software
Ordinance No O2010-71, an ordinance establishing a procedure for an authorizing
a contract with Software Solutions, Inc. for accounting, payroll and personnel
software was presented and read for the first time.
7029
Mr. Greg Parsons, Information Systems Manager made the presentation for
the purchase of this software. He explained the current software was installed in
1988 and is 22 years old. RFP’s were published and six vendors responded. The
two most favorable alternatives selected were CMI and SSI. During the evaluation
process, both vendors announced new software versions and staff chose to wait for
the new software versions. There was an evaluation team that participated in
multiple meetings and the final decision was to choose SSI.
Mr. Allen advised he will abstain from discussion and voting on this ordinance.
Ord. No. O2010-72
Ferric Sulfate
Ordinance No O2010-72, an ordinance authorizing a contract with Kemira Water
Solutions Inc. for the purchase of Ferric Sulfate for use at the Wastewater Treatment
Plant was read for the first time.
Purchasing Agent Strayer explained that Ferric Sulfate conditions sludge for
dewatering. When sludge weighs less, it costs less to dispose of. Each year this
service is bid and each year the City receives one bid.
Ord. No. O2010-73
Statewide Ford
Ordinance No. O2010-73, an ordinance authorizing a contract with
Statewide Ford Lincoln Mercury for the purchase of six (6) 2011 Ford Crown Victoria
Police Interceptor Vehicles was read for the first time.
Ms. Strayer presented the request for cruisers. This year we will buy six. She
explained the unique situation as this is the last year Ford will carry the Crown
Victoria. The City has the parts and would like to purchase before the cut-off date.
She explained the fifteen point system used when evaluating fleet replacement
vehicles.
Keith Back, Garage Vehicle Maintenance Supervisor explained that with proper
maintenance they can extend the life of the cruisers and have done that in the past.
They extended the new mark for mileage up to 90,000. They are recommending only
six this year since Ford is doing away with this model. The replacement vehicles
could be Chevy Caprice, Ford Taurus or Dodge Charger models.
Recess
At 7:57 p.m. council recessed for five minutes. The meeting reopened at 8:02
p.m. with all council members in attendance.
2011 BUDGET PRESENTATION:
•
•
Finance & Non Departmental R. Carolus, Finance Director presented the budget request for Finance. Primary Goals • Maintain bond rating of AA2 • Continue with “Distinguished Budget Award” and Certificate of Achievement for Excellence In Financial Reporting Award” • Upgrade application software for Financial Accounting, Payroll, and Personnel. • Continuous website maintenance and improvements including PCI compliance. • Create a web portal and improved Internet for Community Center. 2010 2011 Finance Administration 209,484 219,608 4.8%
Treasury 195,670 198,116 1.3%
Information Systems 642,638 657,884 2.4%
Purchasing 60,601 60,638 0.1%
Water Administration 377,812 399,564 5.8%
Sewer Administration 347,371 357,762 3.0%
Taxation 526,993 538,426 2.2%
Non Departmental 1,466,068 1,479,253 0.9%
Total Expenditures $3,826,637
$3,911,251 2.2%
Law Law Director Les Landen gave the budget presentation for the Law Department. Primary Goals: • Provide general legal advice to City Staff, Council along with appointed boards & commissions. 7030
Provide services as labor counsel during labor negotiations. Provides prosecutorial services for criminal court. Defends the city in all criminal and civil cases. Provide effective and legitimate hiring practices. Coordinates civil service commission meetings. Develops and maintains customer service, leadership, and supervisor training. Maintains permanent employee records. •
•
•
•
•
•
•
2010 2011 Law $546,555 $564,184 +3.2% Personnel $381,069 $370,303 ‐ 2.8% Total Budget $927,624 $934,487 + 0.7% •
Public Works & Utilities Public Works Director Duritsch presented the thirteen operational budgets for Public Works including the four in the General Fund. General Fund 2011 2010 Building Maintenance $ 427,181 $ 405,738 ‐ 5.0%
Engineering $ 759,096 $ 765,411 + 0.8%
Parks Maintenance $ 617,310 $ 793,515 + 28.5%
Street Lighting $ 590,556 $ 750,000 + 27.0%
$ 2,394,143 $ 2,714,664 + 13.4%
Total Auto & Gas Tax Fund Electronics Maintenance Grounds Maintenance Streets Maintenance Total 2010 2011 $ 615,777 $ 619,350 + 0.6%
$ 699,017 $ 586,979 ‐ 16.0%
$ 1,931,218 $ 1,964,231 + 1.7%
$ 3,246,012 $ 3,170,560 ‐ 2.3%
Muni Garage Fund 2010 2011 Municipal Garage Total $ 3,003,163 $ 3,003,163 $ 3,345,410 $ 3,345,410 Sewer Fund 2010 + 11.4%
+ 11.4%
2011 Administration $ 219,796 $ 221,667 + 0.8%
Sewer Maintenance $ 911,900 $ 953,778 + 4.6%
$ 3,183,444 $ 3,244,403 + 1.9%
$ 4,315,140 $ 4,419,848 + 2.4%
2010 2011 $ 2,928,867 $ 2,948,916 + 0.7%
$ 2,928,867 $ 2,948,916 + 0.7%
Wastewater Treatment Total Solid Waste Fund Solid Waste Total 7031
2010 Storm Water Maintenance Total 2011 $ 688,245 $ 836,856 + 21.6%
$ 688,245 $ 836,856 + 21.6%
2010 2011 Water Maintenance $ 1,513,007 $ 1,645,667 + 8.8%
Water Treatment $ 2,130,967 $ 2,133,003 + 0.1%
$ 3,643,974 $ 3,778,670 + 3.7%
2010 2011 Total Well Field Protection Total $ 690,000 $ 105,000 ‐ 78.3%
$ 690,000 $ 105,000 ‐ 78.3%
2010 Airport Operations Total •
2011 $ 214,438 $ 249,878 + 16.5%
$ 214,438 $ 249,878 + 16.5%
Capital Airport Capital 200,000 General Capital 5,040,000 Sewer Capital 1,500,000 Storm Water Capital 1,250,000 Water Capital 1,350,000 TOTAL $9,340,000 Streets/Bridges Traffic Parks Buildings TOTAL Project Highlights Airport Runway Lighting Lefferson Rd. Improvements (carryover project) 2011 Local Street Improvements Yankee Rd. Widening Towne Blvd. Improvements (design & R/W acquisition) Project Highlights Grand Ave. Railroad Crossing Closure Traffic Signal & Systems Replacement Program 4,075,000 225,000 640,000 100,000 $5,040,000 City Outside Funding Total $10,000 $190,000 $200,000 $1,050,000 $950,000 $2,000,000 $450,000 $900,000 $1,350,000 $1,290,000 $1,060,000 $2,350,000 $153,000 $147,000 $300,000 City Outside Funding Total $5,000 $20,000 $25,000 $150,000 $0 $150,000 7032
Pavement Striping Program $50,000 $0 $50,000 Sign Replacement Program $10,000 $15,000 $25,000 $0 $590,000 $590,000 Bike Path Extension (carryover project) Project Highlights Misc. Parks Improvements Misc. Building Improvements $50,000 $100,000 Outside Funding $0 $0 WWTP Secondary Basin Rehabilitation (design) $75,000 $0 $75,000 WWTP Thickener Upgrade (2) $400,000 $0 $400,000 LTCP Development/ Negotiations $250,000 $0 $250,000 City Project Highlights JCI meter Replacement Contract (YR 5 of 10) NPDES Compliance WTP Production Well #18 Rehabilitation WTP Power Substation Improvements Unfunded Projects Total $50,000 $100,000 City Outside Funding Total $144,000
$0 $144,000 $50,000
$0 $50,000 $100,000
$0 $100,000 $250,000
$0 $250,000 Total Plaza Paver Renovation – north side of building $500,000 Playground Equipment Replacement – 5 key parks Middletown Pioneer Cemetery Vault $250,000 $80,000 Railroad Overpass Painting (2) $50,000 City Building Interior Improvements City Building Window Replacement Fire Station Improvements $50,000 $50,000 New Fire Stations/Improvements Municipal Garage Improvements New Municipal garage/Improvements Golf Course Improvements & Equipment •
$150,000 $300,000 ‐ $600,000 per year $100,000 TBD $150,000 Community Revitalization Division Goal Alignment route and productivity study due to changing Transit demographics and hospital in east end. Continue nuisance and code enforcement with concentration in Code Enforcement target neighborhoods. Review and implement options to reduce nuisance abatement costs. Expand programming. Interior painting of building. Add Recreation Manager, computers and software to develop and Community Center implement programming. Additional expenses paid with CDBG funds. 7033
Weatherwax Maintain quality of play at the Golf Course. Review 2010 marketing efforts and adjust marketing to increase rounds played in 2011. 2011 Budget Proposal By Division 2010 2011 Com. Rev. Adm. $175,057 $187,032 Community Ctr. $211,078 $270,912 Community Dev. $403,000 $392,948 Bldg. Inspection $250,959 $246,885 Neighborhood Imp. $243,228 $278,250 Transit $2,333,510 $1,523,346 Golf/Weatherwax $1,677,827 $1,583,954 H.U.D. Funds Section 8 CDBG HOME Revolving Loan Fund NSP 2010 2011 $12,055,723 $808,961 $400,000 $242,000 $2,200,000 $12,055,723 $846,400 $400,000 $242,000 $1,000,000 Community Center Additional $60,000 in expenses covered by CDBG funding. Neighborhood Improvement Additional $35,000 for Nuisance Abatement. Transit Reduction in budget to standard operation with Hamilton/ Oxford/ Night shuttles. CDBG Received additional funding in 2010. Presumes continued funding at 2010 levels. $1M budget represents Program Income. NSP • Health Fund Jackie Phillips, Health Commissioner presented the Health Dept. budget request: Primary Goals: The Middletown City Health District is a district dedicated to preserving, protecting and improving the health of residents of the City of Middletown. Health Administration State Subsidy Immunization Action Plan Child & Family Services Grant 2009 Actual $514,937
2010 Budget $427,098
2011 Budget $432,119
$14,279
$8,772
$9,023
$30,031
$49,020
$30,000
$111,928
$93,388
$82,965
7034
OIMRI Grant Public Health Infrastructure Grant Totals •
$149,965
$150,000
$150,000
$26,536
$26,650
$28,854
$847,676
$754,928
$732,961
City Manager Judy Gilleland, City Manager presented her office’s budget request. Primary goals • Facilitate the goals and objectives of City Council. • Serve as a communication link among Council, staff and the public. • Provide direction and support to senior staff (except Municipal Court and Health Dept.) • Day‐to‐day and strategic city administration: annual budget, policy development, long range planning and finances. 2009 2010 2011 Change Personal Services $226,440 $211,294 $216,643 2.5%
Contractual Services Commodities TOTAL •
$11,547 8,675 9,092 4.8%
2,220 2,250 2,350 4.4%
$240,207 $222,219 $228,085 2.6%
City Council Office Clerk Parr presented the council office budget request. Priorities • Record and Preserve the Official Activities of City Council • Meet the Legal Requirements for Proper Notification, Publication and Posting • Make Public Records Available • Administer the City’s Records Program • Supplement the Codified Ordinances as changes are made • Provide Administrative and Clerical Support to City Council • Maintain the Roster and Records for the City’s Boards and Commissions • Prepare for a Swearing‐In Ceremony in December 2011 Budget Proposal 2000 2010 2011 $240,378 $188,504 $213,553 2010
Personal Services 2011
Change
$157,704 $160,713 Contractual Services 22,000 45,300 105.9%
Commodities 4,000 4,000 0.0%
Capital Outlay 4,800 3,540 ‐26.3%
$188,504 $213,553 13.3%
TOTAL 1.9%
SUMMARY Ms. Gilleland stated that concludes the budget presentation. The budget presented is the recommendation from staff. Legislation will come back at the next meeting for a first reading. If there are additional questions or comments, please get those to her. 7035
Closing Comments from Council Ms. Scott Jones said information had been requested about reducing the number of funds. Mr. Carolus responded that staff has researched that information and it will be provided to council during the next meeting. Ms. Scott Jones said she had requested a breakdown for other professional services and wants a breakdown of that fund per department. There was discussion about spending close to $750,000 more than what is being brought in. EXECUTIVE SESSION At 9:20 p.m. Ms. Scott Jones moved to go into executive session under the authority of
ORC 121.22 (G)(3) Conferences with an attorney for the public body concerning disputes involving the public
body that are the subject of pending or imminent court action; and under the authority of ORC 121.22 (G)(1) To
consider the appointment of a public employee or official; and under the authority of ORC 121.22 (G)(2) To
consider the purchase of property for public purposes, or for the sale of property at competitive bidding. Mr.
Smith seconded and the motion carried. Ayes: Allen, Becker, Scott Jones, Laubach, Mulligan, Picard and
Smith. ADJOURNMENT
At 10:10 p.m. the Mayor declared the meeting reopened with all council
members still in attendance. The meeting immediately adjourned.
______________________________
Lawrence P. Mulligan, Jr., Mayor
Attest: ________________________
Clerk of Council
7036
______________________________________________________________________________________
MIDDLETOWN, OHIO
October 28, 2010
ROLL CALL
Mayor Mulligan called the special meeting to order at 5:34 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. Mayor Mulligan asked for the roll
to be called. Members present: Allen, Becker, Laubach, Mulligan, Picard and Smith.
Staff Present: City Manager Gilleland, Law Director Landen, S. Mills, G. Schwarber,
and M. Robinette. Senator G. Cates and State Representative T. Derickson were
also present.
EXCUSE SCOTT JONES Mr. Picard moved to excuse the absence of Ms. Scott Jones, Mr. Smith seconded
and the motion carried. Ayes: Allen, Laubach, Picard, Becker, Smith, Mulligan.
State Representative Derickson congratulated Council on the opportunity to
collaborate with Cincinnati State College to provide new educational offerings. He
spoke in favor of the project and the potential to revitalize downtown and to
renovate the historic Manchester Inn.
RECEIVE AND FILE
SPECIAL MEETING
DOCUMENTS
Mr. Picard moved to receive and file the special meeting documents and Mr. Smith
seconded and the motion carried. Ayes: Allen, Becker, Laubach, Mulligan, Picard,
Smith.
EXECUTIVE SESSION
At 5:40 p.m. Mr. Picard moved to go into executive session under the authority of
ORC 121.22 (G)(3) Conferences with an attorney for the public body concerning
disputes involving the public body that are the subject of pending or imminent court
action; and under the authority of ORC 121.22 (G)(2) To consider the purchase of
property for public purposes, or for the sale of property at competitive bidding. Mr.
Smith seconded and the motion carried. Ayes: Allen, Laubach, Picard, Becker,
Smith, Mulligan.
Ms. Scott Jones arrived at the meeting at 5:44p.m.
ADJOURNMENT
At 8:10 p.m. the Mayor declared the meeting reopened with all council members still
in attendance. The meeting immediately adjourned.
______________________________
Lawrence P. Mulligan, Jr., Mayor
Attest: ________________________
Clerk of Council
Minutes of the Regular Meeting of the
Middletown Public Library Board of Trustees
Middletown Public Library, Conference Room A
Tuesday, August 17, 2010, 4:00 p.m.
I
II
III
Call to Order
Mr. Jim VonderHaar, President, called the meeting to order.
Opening Exercise
Roll Call
The roll was called and the following members were present:
Mrs. Barb Chappell, Mrs. Melynda Cook, Mr. James Frazier, Mrs. Karen Hackett,
Mr. Harold Jackson, Mr. Joe Lyons, and Mr. Jim VonderHaar.
Also present were: Mr. Douglas Bean, Director; Mrs. Deborah Preston, Fiscal Officer;
Mrs. Jo Tribbey, Deputy Fiscal Officer; and Mrs. Katherine Stengel, Human Resources
Manager.
IV
Adoption of Agenda
Mrs. Chappell motioned, seconded by Mr. Jackson to approve the agenda.
“Aye”
Chappell, Cook, Frazier, Hackett, Jackson, Lyons, VonderHaar
“Nay”
None
Motion Approved 10-48
V
VI
Communications
There were no communications.
Approval of Minutes
Mr. Lyons motioned, seconded by Mrs. Chappell to approve the minutes of the regular
meeting of July 20, 2010.
“Aye”
Chappell, Cook, Frazier, Hackett, Jackson, Lyons, VonderHaar
“Nay”
None
Motion Approved 10-49
VII
Monthly Financial Statement, Investments and Donations
Mr. Frazier motioned, seconded by Mrs. Cook to approve the Financial Statement,
Investments and Donations for July 2010 as presented by Mrs. Preston. The board discussed
encumbered balances versus unencumbered balances.
“Aye”
Chappell, Cook, Frazier, Hackett, Jackson, Lyons, VonderHaar
“Nay”
None
Motion Approved 10-50
(Report on file in Fiscal Officer’s office)
Page 2
Board of Trustees Meeting, August 17, 2010
VIII
2010 Appropriation
Mrs. Preston noted that the 2010 Appropriation that was adopted in 2009 was scaled to meet
a 2010 downsized library operation. To fund the payroll for new staff hired for the restored
hours that will begin on September 7th, the board will need to increase the appropriation. In
October the Board will be asked to increase various accounts in the 2010 Appropriation.
IX
Personnel
Mrs. Hackett motioned, seconded by Mr. Lyons to accept the following personnel
changes:
Accept the resignation of Judy Green, page, effective 8/23/10 and place on the substitute list;
Accept the resignation of Michalla Perkins, page, effective 8/21/10;
Approve the employment of Tracy Koverman, library associate, Middletown, at a rate of
$9.25 per hour, effective 8/2/10, as a one-for-one replacement;
Approve the employment of Noelle Landis, library associate, Middletown, at a rate of $8.75
per hour, effective 8/2/10, as a one-for-one replacement;
Approve the employment of Leticia Thomas, library associate, Middletown, at a rate of
$10.05 per hour, effective 8/2/10, as a one-for-one replacement;
Approve the employment of Katherine Gerard, library associate, Middletown, at a rate of
$8.75 per hour, effective 8/2/10, as a one-for-one replacement;
Approve the employment of Muzzammil Ahmad, page, West Chester, at a rate of $7.30 per
hour, effective 7/27/10, as a one-for-one replacement;
Approve the employment of Elena Strecker, page, West Chester, at a rate of $7.30 per hour,
effective 8/5/10, as a one-for-one replacement;
Approve the employment of Samantha Gulla, page, West Chester, at a rate of $7.30 per hour,
effective 8/5/10, as a one-for-one replacement;
Approve the employment of Jo Diamantes, library associate, West Chester, at a rate of $9.75
per hour, effective 8/5/10, as a one-for-one replacement; and
Approve the employment of Meredith Sparkes, library associate, West Chester, at a rate of
$8.75 per hour, effective 8/5/10, as a one-for-one replacement.
“Aye”
Chappell, Cook, Frazier, Hackett, Jackson, Lyons, VonderHaar
“Nay”
None
Motion Approved 10-51
Mrs. Stengel reported that the interviewing and hiring process has been ongoing. The library
has received over 370 employment applications. She anticipates that all the new hires will be
trained by September 7th.
X
Gas and Electricity
Mr. Bean reported that the deregulation of Ohio’s utility industry allows consumers to choose
their gas and electric supplier. As such, the library will be sending out Requests for
Proposals (RFP) to authorized suppliers of gas and electricity to learn what savings could be
realized. The RFP results and recommendations will be reported at next month’s meeting.
Page 3
Board of Trustee Meeting, August 17, 2010
XI
Monroe
Mr. Bean reported that he, Mr. VonderHaar, and Mrs. Preston toured the Monroe Lending
Library. Mr. VonderHaar asked Phyllis Sells, a library volunteer, what help the library
needed most. She responded: cataloging and access to cataloging records. After Mr. Bean
discussed this need with Middletown Library catalogers it was determined that this could be
a way for the two libraries to collaborate. The catalog records of our collections can be
accessed on-line. Middletown catalogers will make themselves available to train their
volunteers to use our database. While mindful of the financial uncertainty and the possibility
of further funding cuts in the next biennium budget, the Middletown Public Library will
continue to offer ways it can assist Monroe with its library.
XII
Other
• Mr. Bean mentioned that the library is planning a celebration of the new hours on Friday,
September 10th. Music, punch, and cookies will be provided by the Middletown Friends
of the Library at Middletown and West Chester. Trenton does not have space for
entertainment so they will have punch and cookies.
• Mr. Bean distributed a meeting room report that was compiled by administration
secretary, Ms. Terri Manney. She wrote that room bookings were already being requested
for 2011. The reduction of hours that occurred in August of 2009 greatly reduced the
availability of the library rooms to the community.
XIII
Adjournment
Mr. VonderHaar adjourned the meeting at 4:40 p.m.
10-52
_______________________________________
President
_______________________________________
Secretary
Minutes of the Regular Meeting of the
Middletown Public Library Board of Trustees
Middletown Public Library, Conference Room A
Tuesday, September 21, 2010, 4:00 p.m.
I
II
III
Call to Order
Mr. Jim VonderHaar, President, called the meeting to order.
Opening Exercise
Roll Call
The roll was called and the following members were present:
Mrs. Barb Chappell, Mrs. Melynda Cook, Mr. James Frazier, Mr. Harold Jackson,
Mr. Joe Lyons, and Mr. Jim VonderHaar.
Mrs. Karen Hackett was absent.
Also present were: Mr. Douglas Bean, Director; Mrs. Deborah Preston, Fiscal Officer;
Mrs. Jo Tribbey, Deputy Fiscal Officer; and Mrs. Katherine Stengel, Human Resources
Manager.
IV
Adoption of Agenda
Mrs. Chappell motioned, seconded by Mr. Jackson, to approve the agenda adding Executive
Session after Item X.
“Aye”
Chappell, Cook, Frazier, Jackson, Lyons, VonderHaar
“Nay”
None
Motion Approved 10-53
V
VI
Communications
There were no communications.
Approval of Minutes
Mrs. Melynda Cook motioned, seconded by Mr. Frazier, to approve the minutes of the
regular meeting of August 17, 2010.
“Aye”
Chappell, Cook, Frazier, Jackson, Lyons, VonderHaar
“Nay”
None
Motion Approved 10-54
VII
Monthly Financial Statement, Investments and Donations
Mrs. Chappell motioned, seconded by Mr. Lyons, to approve the Financial Statement,
Investments and Donations for August 2010 as presented by Mrs. Preston. The board
discussed funding comparisons between 2009 and 2010. The board also discussed the
savings realized from the cuts made in 2009.
Page 2
Board of Trustees Meeting, September 21, 2010
“Aye”
Chappell, Cook, Frazier, Jackson, Lyons, VonderHaar
“Nay”
None
Motion Approved 10-55
(Report on file in Fiscal Officer’s office)
Mrs. Preston presented a resolution document from the Budget Commission of Butler County
which accepts the certified amount as determined by Butler County. Due to possible
delinquencies and foreclosures, the amount certified by the county totaled 95% of the
original amount. Mrs. Cook motioned, seconded by Mr. Frazier, to approve a resolution that
accepts the amounts and rates as determined by the Budget Commission and authorizes the
necessary tax levies and certifies them to the County Auditor.
“Aye”
Chappell, Cook, Frazier, Jackson, Lyons, VonderHaar
“Nay”
None
Motion Approved 10-56
Mrs. Preston reported that an account has been set up to cover costs incurred by the levy.
These costs include the one-time cost of placing the levy on the ballot and the cost of
collecting the levy amounts. These expenditures will be paid out of this account and the
account will be listed on future financial reports.
VIII
2010 Appropriation
Mr. Bean noted that the 2010 Appropriation was scaled to meet the needs of a downsized
library operation. Since library operating hours are being restored this will necessitate the
hiring of more personnel to staff those hours. The increased personnel costs and costs
related to the increased hours will be brought to the board in October as an increase in the
2010 Appropriaton. Other operating costs such as unanticipated motor vehicle repairs,
electricity, and maintenance have increased as well. These costs were not included in the
2010 Appropriation. Mr. Lyons motioned, seconded by Mrs. Chappell, to give the library
director authority to transfer money for these costs from the contingency account
(101.00.58900) to other accounts as the need arises.
“Aye”
Chappell, Cook, Frazier, Jackson, Lyons, VonderHaar
“Nay”
None
Motion Approved 10-57
Mrs. Preston distributed a copy of the audit report from the State of Ohio Auditor for board
perusal. There were no citations in the report.
IX
Personnel
Mr. Frazier motioned, seconded by Mr. Jackson, to accept the following personnel
changes:
Approve the employment of Colleen VanBlaricom, part-time library associate, West Chester,
at a rate of $9.75 per hour, effective 8/12/10, as a one-for-one replacement;
Page 3
Board of Trustee Meeting, September 21, 2010
Approve the employment of Stephanie Cooley, part-time library associate, Middletown, at a
rate of $8.75 per hour, effective 8/16/10, as a one-for-one replacement;
Approve the employment of Michelle Trenum, part-time library associate, Middletown, at a
rate of $8.75 per hour, effective 8/16/10, as a one-for-one replacement;
Approve the employment of Jeff Williams, part-time library associate, Middletown, at a rate
of $8.75 per hour, effective 8/16/10, as a one-for-one replacement;
Approve the employment of Wendy Bailey, part-time library associate, West Chester, at a
rate of $8.75 per hour, effective 8/19/10, as a one-for-one replacement;
Approve the employment of Chad Selke, part-time library associate, West Chester, at a rate
of $8.75 per hour, effective 8/19/10, as a one-for-one replacement;
Approve the employment of Tish Welcher, part-time library associate, West Chester, at a rate
of $9.05 per hour, effective 8/19/10, as a one-for-one replacement;
Approve the employment of Alane Osborne, part-time library associate, West Chester, at a
rate of $8.75 per hour, effective 8/26/10, as a one-for-one replacement;
Approve the employment of Vince Risner, part-time page, Middletown, at a rate of $9.20 per
hour, effective 8/30/10, as a one-for-one replacement;
Approve the employment of Sofia Habash, part-time librarian, Middletown, at a rate of
$18.84 per hour, effective 8/30/10, as a one-for-one replacement;
Approve the employment of Cherese Gibbs Dixon, part-time library associate, Middletown,
at a rate of $10.35 per hour, effective 8/31/10, as a one-for-one replacement;
Approve the employment of Jacqueline Williams, part-time page, Middletown, at a rate of
$7.30 per hour, effective 8/31/10, as a one-for-one replacement;
Approve the employment of Sheila Wells, part-time library associate, West Chester, at a rate
of $8.75 per hour, effective 9/1/10, as a one-for-one replacement;
Approve the employment of Bob Hamm, full-time library specialist, Middletown, at a rate of
$21.64 per hour, effective 9/13/10, as a one-for-one replacement;
Approve the employment of Tanya Smith, part-time page, Middletown, at a rate of $7.30 per
hour, effective 9/14/10, as a one-for-one replacement;
Approve the employment of Karen del Pino, part-time page, West Chester, at a rate of $8.30
per hour, effective 8/26/10;
Accept the resignation of Tish Welcher, library associate, effective 8/23/10;
Accept the resignation of Jeff Williams, library associate, effective 9/16/10.
“Aye”
Chappell, Cook, Frazier, Jackson, Lyons, VonderHaar
“Nay”
None
Motion Approved 10-58
Mrs. Stengel reported that the hiring process for the restored hours is almost complete.
Only a few page positions are open. Only part-time employees were hired to staff the
increased hours. The library has received over 400 employment applications, and they
continue coming in daily.
Page 4
Board of Trustee Meeting, September 21, 2010
X
Monroe
Mr. Bean updated the board on the collaboration with the all-volunteer Monroe Lending
Library. Their primary need is assistance with cataloging. Our manager of Technical
Service, Mrs. Becky McQuade, will meet with their cataloger on October 8th to introduce
them to our cataloging resources and to show them how they can access our records from
their library. The board discussed a newspaper article that was in the Monroe Observer that
reported on Monroe’s plans to rehab the former Dialysis Center for use as a library and
community meeting space.
XI
Executive Session
Mrs. Chappell motioned, seconded by Mr. Lyons to enter into executive session at 4:50 p.m.
for the purpose of conferring with an attorney involving pending or imminent court action.
“Aye”
Chappell, Cook, Frazier, Jackson, Lyons, VonderHaar
“Nay”
None
Motion Approved 10-59
Mrs. Chappell motioned, seconded by Mr. Lyons to return to regular session at 5:38 p.m.
“Aye”
Chappell, Cook, Frazier, Jackson, Lyons, VonderHaar
“Nay”
None
Motion Approved 10-60
XII
Statutory Agent
Mr. VonderHaar said that for business purposes the board should name a statutory agent and
the library director is the practical choice. Mrs. Cook motioned, seconded by Mrs. Chappell,
that the library director, Douglas Bean, continue to act as statutory agent for the Middletown
Public Library.
“Aye”
Chappell, Cook, Frazier, Jackson, Lyons, VonderHaar
“Nay”
None
Motion Approved 10-61
XIII
Other
• The board discussed the work that still needs to be corrected or completed in the West
Chester building. The board also discussed the higher costs incurred due to the larger
building and parking lot. The soil and retention pond water is being tested because some
landscaping is dying. The irrigation water comes from the retention pond.
• Mr. VonderHaar mentioned an article in today’s Middletown Journal that discussed the
number of services that libraries provide.
Page 5
Board of Trustee Meeting, September 21, 2010
XIV
Adjournment
Mr. VonderHaar adjourned the meeting at 5:41 p.m.
10-62
_______________________________________
President
_______________________________________
Secretary
Middletown Public Housing Agency Meeting Minutes
October 19, 2010
Roll Call
At 5:30 p.m., Mr. Mulligan called the meeting to order in the Council Chambers of the City
Building. Members present: T. Allen, B. Becker, A. Scott Jones, J. Laubach, L. Mulligan, D.
Picard and A.J. Smith. Staff Present: J. Gilleland, City Manager; Clerk Parr, Comm. Revitalization
Director D. Adkins, C. Strayer, D. Burke, N. Wilson, R. Dalton, and N. Begley.
Approval MPHA Minutes from September 21, 2010
Ms. Scott Jones moved for approval of the September 21, 2010 minutes. Mr. Smith seconded.
The motion carried. Ayes: Allen, Becker, Laubach, Scott Jones, Mulligan, Picard and Smith.
Public Comments - none
Administrative Plan Discussion
Mr. Adkins explained the draft of the Administrative Plan was distributed at the last MPHA
meeting. It was posted to the City’s web-site. The Community Revitalization Dept. has received
no comments. It is ready for action by the board.
Mr. Smith asked if adopted, when this goes into effect and if HUD has to approve the Plan.
Mr. Adkins responded immediately. HUD will have the opportunity to offer recommendation.
Ms. Scott Jones asked prior to tonight we have been operating under the old plan.
That was affirmatively responded to.
Mr. Smith asked if the new housing administrator would have to function under the new plan.
That was answered affirmatively.
MOTION:
Mr. Picard moved to adopt the 2010 Administrative Plan for the Housing Choice
Voucher Program. Mr. Smith seconded and the motion carried. Ayes: Allen, Becker, Scott
Jones, Laubach, Mulligan, Picard and Smith.
Review of monthly operations reports for September (CONSOC)
Mr. Adkins said CONSOC had provided the operations reports and he asked for comments or
questions. Hearing none, he skipped the introduction of Nelson and Associates and proceeded
with the Housing Quality Standards report.
Housing Quality Standards Report (The Inspection Group)
Mr. Clarence Buck from The Inspection Group reported that 320 inspections were completed in
month of September. TIG is seeing some improvement on the first pass of annual inspections.
He reported there were eighty-seven move-in inspections and 74% of those passed. He
reported TIG recently received a complete database for everyone that is participating in the
voucher program as of October 15 and they are comparing those records.
Mr. Adkins stated that council had questions of The Inspection Group at the last meeting and
Mr. Buck was present to address those questions.
Ms. Scott Jones asked if there was a TIG office here.
Mr. Buck responded, no.
Ms. Scott Jones asked the daily proceedings, if information is uploaded from the internet.
Mr. Buck responded, yes, the database is uploaded when sent to them.
Ms. Scott Jones asked who schedules inspections and how often are they scheduled.
Mr. Buck responded that Deb Kitchliner schedules the inspections as they come in whether that
is monthly or as they filter in. They just received sixty as of the first of month. She then calls
the landlords and sets up schedule.
Discussion ensued regarding paperless capabilities and issues that happened at the beginning
of the year with a glitch in software. Communication issues between CONSOC and TIG were
discussed.
Introduction of Nelson and Associates
Mr. Adkins introduced John Hurt, Project Director of Nelson & Associates who introduced Ms.
Shaw in the audience. He stated Nelson and Associates will work with the Inspection Group.
He said they have worked together for the past six years. He said he thinks they will not have
any communication problems. They will jointly identify databases to improve the operations of
the program. He felt very comfortable that going forward they will have a very transparent
operation. He would be Executive Director of this contract and Ms. Shaw would handle the
finances. He explained that Ramona Nelson, the owner of Nelson & Associates is a CPM. It is a
female minority-owned company that is twenty-five years old. They are very experienced on
being landlords, and real estate management. They will bring up two key personnel; as Project
Manager, Elaine Menifee and Sharyn Harper as Asst. Project Manager. They both have over 25
years experience and both have experience with Cincinnati Metro Housing Authority. They
hope to have a transition team come in during the first thirty days to help with the transition.
They are an accredited organization and most of the team is certified at one level or another.
He said personally he has been in the public housing business for about 27 years. His company
has worked with troubled housing authorities to bring them up to high performers.
Mr. Smith stated page 5 of the handout shows The Inspection Group as a sub-contactor. He
asked if they would be paying The Inspection Group or the City.
Mr. Hurt responded TIG would no longer be working for the City. TIG would be working directly
with Nelson and Associates.
2
Ms. Scott Jones told Mr. Hurt that this council changed since 2009 when he first made a
presentation to council and that is why he was asked to come today. She asked Mr. Hurt if he
was aware that Middletown’s goal is to reduce vouchers.
Mr. Hurt said yes that was made perfectly clear and he understands the goal. He said he and
Mr. Adkins have had conversations and he advanced the idea of disbursement as well as
reductions as well as other services enhancing home ownership. They think that they can serve
the goals of the council as well as enhancing services to the participants.
There was further discussion regarding the funding for the transition team; the thirty day ramp
up time; and going paperless.
Mr. Hurt explained they are mobilizing, identifying software, and locations. They are going
through a pre-transition period. He can’t answer all the questions because he is not here yet.
They will know more when they go into transition. He said the final product will be web-based,
and at the very least will have a share point and that will evolve to a windows based system.
Ms. Scott Jones asked if they plan to or see the need to have an office here.
Mr. Hurt responded absolutely.
Ms. Scott Jones asked if there was anyone with Nelson and Associates that are related to
anyone here in the City.
Mr. Hurt said not to his knowledge.
Mr. Smith asked the length of the contract with TIG.
Mr. Adkins said he didn’t have it in front of him, he thinks it is two years with options for an
additional two years.
Mr. Smith asked what we were paying CONSOC annually.
Ms. Gilleland responded just under 1 million dollars.
Mr. Smith said that’s without the Inspection Group.
Mr. Adkins answered that is correct. The TIG contract is about $140,000 additional. He
explained the proposal from Nelson and Associates is about $200,000 to $300,000 less.
Mr. Mulligan asked Mr. Hurt about his dealings with HUD and past working history with HUD.
Mr. Hurt explained he has worked with HUD for 35 years. They have dealt both with Cincinnati
and Cleveland Offices on several occasions and have worked with HUD offices all over the
country. They have a pleasant relationship with HUD employees and never created any
adversarial relationship. They work through issues together to better serve the citizenry.
3
Mr. Adkins suggested they would continue working with Mr. Hurt and would come back to the
next housing meeting to discuss progress. Everything the board has seen, Nelson and
Associates have seen, including HUD’s correspondence and the Administrative Plan. They have
suggested some changes to enhance the program.
Ms. Scott Jones asked, for the public’s edification, an explanation of how we got to Nelson &
Associates. When the service was bid, the first choice recommended from staff was CGI.
Mr. Adkins explained in 2007 staff put out an RFP for proposals to administer the city’s Section
8 Program. He was not involved in Section 8 at that time, he was still the prosecutor. Four
vendors responded; CGI, Nelson & Associates, CONSOC and the Warren County Metropolitan
Housing Authority. No action was taken at that time. In 2008, a revised RFP was published in
the media and sent directly to the four vendors who responded in 2007. The four submitted
updated proposals. Staff and a team were put together by the City Manager to interview each
of the vendors and to discuss their responses to a written set of 27 questions. Each of the four
vendors was interviewed by the committee and ranked. CGI had the superior technology,
expertise and after elimination of Warren County Metropolitan Housing Agency was the lowest
bidder. Nelson and Associates had not managed a voucher program, but staff individually had
substantial expertise and was the second lowest bidder. Warren Metro Housing Authority had
only managed 448 vouchers and the team concluded that capacity building would take
precedent over significantly changing a program more that four times the current size of their
program and they were eliminated. At the end of that time Council chose to give the program
to CONSOC. Since that time, there have been issues and staff was told to come up with a Plan
B. He contacted CGI and Nelson and in June a Section 8 analysis report was issued. The report
proposed changes for our program. Both inquired a timeline on when we were going to change
the program administrator. In July, he forwarded the Section 8 Analysis, HUD’s response and all
correspondence associated with our Section 8 program to both CGI and Nelson and asked both
firms to carefully review the information and respond by August if they were still interested in
administering the program with the changes. CGI did not believe they could profitably manage
the program. Nelson & Associates responded they remained interested and would submit a
new bid by Labor. They submitted a bid and it will save the City approximately $300,000 per
year over the current expenses paid to CONSOC and TIG. All reference checks have been
positive.
Mr. Smith said prior to 2009, they had not administered a voucher program.
Mr. Adkins said that is correct. The company had not, but the entire management team had
experience running HVC programs throughout the country.
Adjournment
At 6:20 p.m. the meeting was adjourned.
4
MIDDLETOWN TREE COMMISSION
OCTOBER 20, 2010
MINUTES
Present:
Jeff McMullen, Chair
Steve Lewis, Vice-Chair
Carolyn Keiffer
Jay Evans
Staff Present:
Doris Baden
Excused:
Thomas Allen, Council Representative
The meeting began at 5:30 and was adjourned at 7:30
Approval of Minutes: Jeff McMullen motion, Steve Lewis seconded approval
Hoop House Status: We had one inquiry from Craig’s list, Doris responded with dimensions and
nothing further was heard.
T.V. Middletown Status: Carolyn had sent Ty the updated slides; he would have to change from
Power Point to Jpeg and then would start running on rotating basis.
City Website-EAB info: Jeff had reviewed and thought all was good except there is an updated
treatment fact sheet which he will e-mail to Doris who will then get it changed on website.
Hazard Tree Inventory: Doris said three more letters had been sent out and one more tree had
been taken down.
Water Tower Preserve: No update on hold.
Volunteer hours: TCUSA now has an online application and Doris will need to find out about all
members were asking to submit all hours by the end of the month. Carolyn said the student for
Bull Run was keeping her hours and said she would have them sent in.
Fall Tree Giveaway: Carolyn had four applications mailed to her and Jay will go look at the
properties and report back if they have a good place for the trees. If so we will give away four
with gator bags and hold the rest of the money for next year’s giveaway. Carolyn will then notify
the winners and Steve will let Berns know and find out what species they have available that will
be appropriate to the sites.
Fall Tree Planting: Doris gave a report on the three bids she had received with A.Brown and
Sons being the best bid. She also reported that because of the drought and the species being
planted she had decided to encumber the money and plant in the spring. All members agreed that
would be best.
EAB Management Plan: To be revisited at a different time.
City Boards and Commission Website: Jeff reported he had checked it out and passed around a
copy. All members wondered why their home address was on this. Doris said she would inquire.
Tree Ordinance Work: This was brought to the forefront because of the recent death of a tree
trimmer in the city. Members thought with EAB being found and the amount of trees dying in
the next few years that there would be many more companies come to town. Without any
procedure to register or ordinance on tree trimmers they were concerned about citizens being
scammed or put in a position of liability if someone is hurt on their properties. Jeff presented the
City of Springfield’s tree trimming ordinance and registration process and a list of
recommendations from the Forestry Department. Most members thought it was a matter of
education to the public and of getting all contractors that work in the city registered not only to
make sure they have workers comp and liability insurance but also for the added revenue the city
is loosing to these companies that come to town and work and never pay taxes. Steve thought
this was a big topic for the TC to tackle with all we have on the agenda and recommended maybe
someone go to the podium at a council meeting and put out information about getting three bids,
checking for insurance etc. and how important that is to homeowners. In the end everyone
thought that education was the key until the city requires contractors to register with them.
The meeting was adjourned and the next meeting will be November 17th at the same time and
place.
OATH OF OFFICE
I, Christopher Bjorklund, 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 Christopher Bjorklund
Sworn to before me and subscribed in my presence this 12th day of October, 2010
\s
Position:
Maintenance Worker
For Meeting of: 1st Meeting of November
Melissa Ann Grooms
Notary Public, State of Ohio
My Commission Expires 6/1/2015
OATH OF OFFICE
I, Brandon Q. Dean, 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 Brandon Q. Dean
Sworn to before me and subscribed in my presence this 11th day of October, 2010
\s
Position:
Corrections Officer
For Meeting of: 1st Meeting of November
Pamela K. Banks
Notary Public, State of Ohio
My Commission Expires 10/8/2012
OATH OF OFFICE
I, Michael E. Huling, 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 Michael E. Huling
Sworn to before me and subscribed in my presence this 12th day of October, 2010
\s
Position:
Treatment Plant Operator
For Meeting of: 1st Meeting of November
Melissa Ann Grooms
Notary Public, State of Ohio
My Commission Expires 6/1/2015
DEPARTMENT OF LAW
Personnel Division
October 25, 2010
TO:
Judy Gilleland, City Manager
FROM:
Les Landen, Law Director
SUBJECT:
PROMOTIONAL APPOINTMENT – PUBLIC WORKS LEADER
We are recommending the promotional appointment of DONNA BEAUREGARD to the
position of Public Works Leader in the Department of Public Works and Utilities, Division of
Grounds Maintenance. Ms. Beauregard was selected from the eligibility list as a result of
Civil Service testing procedures. She will fill the vacancy created by the retirement of Larry
Keith.
Ms. Beauregard will be placed in Range 185, Step F, which provides a salary of $1,800.16
bi-weekly, $46,804.16 annually. The effective date of promotion is November 3, 2010.
c:
Betsy Parr, Clerk of Council
David Duritsch, Public Works & Utilities Director
Ron Phelps, Public Works Superintendent
Linda Conaway, Personnel Specialist
Becky Helmrich, Executive Account Clerk (Payroll)
file
ccmtg11/2/10
GROUNDS MAINTENANCE
Authorized Strength - 3
Current Staff Level – 2
The staff level will remain the same with the promotion.
DEPARTMENT OF LAW
PERSONNEL DIVISION
October 25, 2010
TO:
Judy Gilleland, City Manager
FROM:
Les Landen, Law Director
SUBJECT:
TERMINATION – WILLIAM BURTON, PT BUS DRIVER
We are requesting confirmation from Council to terminate William Burton, part-time Bus
Driver, Department of Community Revitalization, Division of Transit. Mr. Burton was
terminated on October 14, 2010 for failure to recognize an accident and recurring
accidents. Mr. Adkins recommended this termination and you concurred. The
determination to terminate Mr. Burton was made after all notices were provided as required
by law.
/ks
c:
Betsy Parr, Clerk of Council
Doug Adkins, Community Revitalization Director
Linda Conaway, Personnel Specialist
Becky Helmrich, Executive Account Clerk (Payroll)
file
11/2/10CC Meeting
Proclamation
WHEREAS, America was founded on the principles of liberty, opportunity, and justice
for all, and on Veterans Day we recognize the men and women of our Armed
Forces who have valiantly defended these values throughout our Nation’s
history; and
WHEREAS, today we pause to remember the dedication of our veterans, and to resolve
ourselves to upholding their legacy of justice, liberty, and opportunity for all; and
WHEREAS, the American Legion Middletown Post 218 will observe Veterans Day on
Thursday, November 11th 2010 with a Memorial Service and a luncheon to
remember and pay tribute to all those who served to protect our great nation.
NOW THEREFORE, I , Lawrence P. Mulligan, Jr. , Mayor of the City of Middletown,
Counties of Butler and Warren, State of Ohio do hereby proclaim November 11, 2010 as
Veterans Day 2010
And all urge all citizens of Middletown to remember the sacrifices made
by Veterans who have served so faithfully in defense of the freedoms
which we enjoy as American citizens.
IN WITNESS WHEREOF, I, hereunto set my hand and cause this seal to be affixed this
11th day of November, 2010.
_______________________________
Lawrence P. Mulligan, Jr., Mayor
__________________________
Attest: Clerk of Council
MOTION
AGENDA
STAFF REPORT
For the Business Meeting of November 2, 2010
October 28, 2010
TO:
FROM:
Judy Gilleland, City Manager
Cindy Strayer, Purchasing Agent
Correction to Calcium Quicklime Recommendation
PURPOSE
To correct an incorrect figure in the Calcium Quicklime recommendation made at the
October 19, 2010 City Council meeting.
BACKGROUND and FINDINGS
There was an incorrect figure given to the City Council in the Calcium Quicklime
recommendation at the last City Council meeting. The award was approved on the Motion
Agenda by members of City Council for $141.22/Ton. The numbers were taken in error from
the 2010 bid tab instead of the 2011 bid tab. The correct amount should have been $144.96/Ton.
This is still the lowest bid received.
OTHER CONSIDERATIONS
Since the incorrect amount was approved, the bid is being put back on the Motion
Agenda for a correction.
Following are the correct 2011 bid amounts. Carmeuse is still the lowest bidder.
Carmeuse Lime – Pittsburgh, PA
Huron Lime – Huron, OH
Greer Lime – Morgantown, WV
$144.96/Ton
$151.41/Ton
$187.00/Ton
FINANCIAL IMPACT
We anticipate usage of 2,400 Tons, which equates to an expenditure of approximately
$347,904. This is approximately $8,976 higher than approved at the last Council meeting.
RECOMMENDATION
It is recommended the City Council approve the correct amount of $144.96/Ton, which is
$3.74/Ton more than the amount approved at the last Council meeting. As stated previously,
this equates to an additional $8,976.
DEPARTMENTAL CLEARANCES
Wastewater Treatment Plant
cc:
Les Landen, Law Director
Russ Carolus, Finance Director
Dave Duritsch, Public Works Director
Paul Fraley, Wastewater Treatment Supt.
File
k:\agenda\staffrep\Calcium Quicklime Correction
STAFF REPORT
For the Business Meeting of November 2, 2010
October 28, 2010
TO:
FROM:
Judy Gilleland, City Manager
Doug Adkins, Community Revitalization Director
Cindy Strayer, Purchasing Agent
Bid Recommendation, Bid No. 10-7174-14, Replacement of Bus Shelters
PURPOSE
To request a contract with Fender Construction, of Dayton, Ohio, in the amount of
$94,000, to remove existing bus shelters and replace them with new ones, and to replace the
concrete pad at the Central Avenue (Dillman’s) location in the additional amount of $975. The
total contract will be for $94,975.
BACKGROUND and FINDINGS
The City has received a $170,000 grant from the Americans Recovery and Reinvestment
Act for the replacement of all 14 bus shelters located in various locations throughout the city.
The successful contractor will remove the existing shelters and install new ones which will be
built to our specifications. Most of the shelters will be built on the existing pads; however, we
will need to replace one pad (Central Avenue). All the shelters will be of one design, and are
complementary to other amenities throughout Middletown.
ALTERNATIVES
The alternative is to not build the shelters. However, the existing shelters are in various
stages of disrepair. Accepting the funding to build the new bus shelters is another effort by the
City to continue to improve the aesthetics of Middletown.
OTHER CONSIDERATIONS
Bids were taken, with 8 vendors responding in the following amounts (includes both the
shelters and the replacement of one pad):
R.L. Fender Construction Co. – Dayton, OH
Planex Co., Inc. – Middletown, OH
M.P. Dory Co. – Columbus, OH
W.E. Smith Construction – Blanchester, OH
B.D. Morgan & Co., Inc. – Middletown, Oh
$ 94,975
$ 97,500
$ 99,450
$109,748
$110,236
GJO Distributors & Contracting, Inc. – Springfield, Oh
Geograph Industries, Inc. – Hamilton, OH
L.J. DeWeese Co., Inc. – Tipp City, OH
$121,200
$141,970
$148,836
FINANCIAL IMPACT
There is $170,000 available in the ARRA grant for the replacement of the 14 shelters.
This project will be completed with the grant monies available, and will not impact City funds.
RECOMMENDATION
It is recommended the contract be awarded to the R.L. Fender Construction Co., Inc., of
Dayton, Ohio, in the amount of $94,975.
CONFORMITY TO CITY POLICY
This purchase conforms to all City Purchasing policies and procedures.
EMERGENCY/NON EMERGENCY
N/A
DEPARTMENTAL CLEARANCES
Community Revitalization
Transit
cc:
Les Landen, Law Director
Russ Carolus, Finance Director
Steve Murphy, Transit
Betsy Parr, Clerk of Council
File
k:\agenda\staffrep\Bus Shelters
LEGISLATION
ITEM 1
RESOLUTION NO. R2010-34
A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION
TO THE OHIO-KENTUCKY-INDIANA REGIONAL COUNCIL OF GOVERNMENTS FOR
THE URBAN AREA TRANSPORTATION ENHANCEMENT PROGRAM FOR THE
INTERSTATE 75 – STATE ROUTE 122 INTERCHANGE AREAS.
BE IT ORDAINED, by the City Council of the City of Middletown, Butler/Warren
Counties, Ohio that:
Section 1
The City Manager is hereby authorized to submit an application for the OKI Urban
Area Transit Enhancement Program (TE Program), prepared by the City Engineer, to
serve as the project sponsor for the following enhancements at the I-75/SR 122
interchange areas: (1) Landscaping and decorative stone veneer on the retaining wall
along SR 122; (2) Decorative stone veneer wall at the corner of Union and SR 122; and
(3) Modernization of the existing City welcome sign.
Section 2
The City Manager is also authorized to enter into one or more binding contractual
standard agreements with ODOT District 8 for the project. Such contracts shall be
subject to the approval of the Law Director.
Section 3
The estimated construction cost of this project is $70,000.00. The City
acknowledges that it is committed by the TE Program to fund the necessary local share
of the construction cost (a minimum of 20% of total project costs) estimated to be
approximately $14,000.00, and to fund any amount over the approximate grant amount
of $56,000.00.
Section 4
The City shall pay for the cost of preliminary engineering and construction design,
which will be minimal, and acknowledges that the TE Program is a cost reimbursement
program. Further, the City shall pay for all subsequent construction cost increases on
the proposed project.
Section 5
The City shall make every reasonable effort to carry the project forward to
construction within three (3) years of the date of the award. Further, the City
acknowledges that it is responsible for the long-term maintenance of the constructed
project.
Section 6
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 7
This resolution shall take effect and be in force at the earliest date permitted by
law.
________________________________
Lawrence P. Mulligan, Jr., Mayor
st
1 reading: October 19, 2010
nd
2 reading: November 2, 2010
Adopted: _____________________
Effective: _____________________
Attest:
___________________________
Clerk of the City Council
h/law/leg/r OKI Urban Area Transportation Enhancement Program.doc
STAFF REPORT
For the Business Meeting of: October 19, 2010
October 4, 2010
TO:
Judy Gilleland, City Manager
FROM:
David J. Duritsch Jr., Public Works & Utilities Director
Prepared by: Valerie Griffin, Traffic Engineer
OKI TRANSPORTATION ENHANCEMENT PROGRAM
PURPOSE
To adopt legislation authorizing the submittal of an application to the Ohio-Ketucky-Indiana
Regional Council of Governments for the Urban Area Transportation Enhancement Program.
BACKGROUND and FINDINGS
The Transportation Enhancement (TE) Program provides funding to “improve the quality of a
community and enhance the travel experience for people traveling by all modes.” There are
twelve categories of eligible projects, all of which are directly linked to the transportation
system.
The I-75 / SR 122 Interchange area is an important gateway into the City of Middletown. The
SR 122 corridor serves over 30,000 vehicles per day, providing an optimal location to integrate
aesthetics into the surrounding infrastructure. This project consists of three primary objectives,
(1) Landscaping and decorative stone veneer on the retaining wall along SR 122, (2) Decorative
stone veneer wall at the corner of Union & SR 122, and (3) Modernization of the existing City
welcome sign. TE eligibility has been confirmed by ODOT and OKI under the category,
Landscaping and Scenic Beautification.
ALTERNATIVES
The alternatives include doing nothing, submit the application to OKI, or find an alternate source
of funding for the enhancements.
FINANCIAL IMPACT
The total cost estimate for this work is $70,000. If approved, the Transportation Enhancement
grant would cover 80% of the project, or an estimated $56,000. The City would incur the cost of
the 20% local match, an estimated $14,000. The City is also responsible for costs associated
with preliminary engineering and construction design, which would be minimal on this project.
OTHER CONSIDERATIONS
The City has recognized the significance of the I-75 / SR 122 gateway by commissioning a
Gateway Enhancement Plan to provide guidance on enhancing the infrastructure, and in turn, the
City’s overall image. This particular project begins to incorporate the design elements and
recommendations of the Gateway Enhancement Plan. The project will introduce the City’s
reinvented image on the welcome sign and add visual interest along the SR 122 corridor through
the use of architectural features and landscaping. Various infrastructure improvements and
enhancements such as those proposed with this project will be tangible steps toward adopting
that image. The ultimate goal is to improve the City’s marketability and attract new businesses
and residents. Investment in the City’s most important gateway, combined with several other
citywide improvements will provide significant progression toward that goal.
RECOMMENDATION
Staff recommends adopting the legislation to authorize the submittal of the Transportation
Enhancement application.
DJD/veg
C: Leslie S. Landen, Law Director
Betsy Parr, Clerk of City Council
File
LEGISLATION
ITEM 2
ORDINANCE NO. O2010-71
AN ORDINANCE ESTABLISHING A PROCEDURE FOR AND AUTHORIZING A
CONTRACT WITH SOFTWARE SOLUTIONS, INC. FOR ACCOUNTING, PAYROLL AND
PERSONNEL SOFTWARE.
BE IT ORDAINED, by the City Council of the City of Middletown, Butler/Warren
Counties, Ohio that:
Section 1
The City Manager, without complying with the procedures of Chapter 735 of the Ohio
Revised Code, is hereby authorized to enter into a contract with Software Solutions, Inc. for
the purchase of accounting, payroll and personnel software in accordance with the plans and
specifications on file with the Information Systems Manager, and in accordance with the
contractor’s proposal therefore.
Section 2
For said purpose the Director of Finance is hereby authorized and directed to expend
a sum not to exceed $181,980.00 from the Computer Replacement Fund (Fund No. 498).
Section 3
This Council hereby determines that the procedure to be followed in the award and
execution of the aforesaid contract shall consist solely of the procedure set forth in this
ordinance and the provisions of Chapter 735 of the Ohio Revised Code shall not be
applicable to the award and execution of the aforesaid contract.
Section 4
It is hereby determined that the subject matter of this legislation is not of a general and
permanent nature, does not provide for a public improvement, and does not assess a tax or
payment.
Section 5
This ordinance shall take effect and be in force at the earliest date permitted by law.
________________________________
Lawrence P. Mulligan, Jr., Mayor
1st reading: October 19, 2010
2nd reading: November 2, 2010
Adopted: _____________________
Effective: _____________________
Attest:
___________________________
Clerk of the City Council
h/law/leg/O Software Solutions Contract 2010.doc
STAFF REPORT
For the Business Meeting of October 19, 2010
October 15, 2010
TO:
Judy Gilleland, City Manager
FROM:
Russell Carolus, Finance Director and
Gregory W. Parsons, Information Systems Manager
Legal Notice No. 09-7032-15, Financial Accounting/Payroll/Personnel Software
PURPOSE
To recommend a contract with Software Solutions, Inc., of 420 East Main Street, Lebanon, Ohio,
for Financial Accounting and Payroll/Personnel software.
BACKGROUND and FINDINGS
The City’s Financial Accounting and Payroll/Personnel software applications are at end-of-life
and need to be replaced. The software was installed in 1988 and is now more than 22 years old.
The City’s current software vendor, CMI, is dropping support on the software at the end of 2010.
In August, 2009, a “Request for Proposals” was published that asked municipal software
vendors to propose public-sector-specific software solutions to meet the City’s Financial
Accounting and Payroll/Personnel needs. Responses were received from six vendors: Creative
Microsystems, Inc. (CMI), Software Solutions, Inc. (SSI), New World Systems, Cogsdale, Frey
& Associates, and Tyler Technologies.
All six proposals were evaluated, and the two most favorable, lowest cost alternatives were
selected for further evaluation and software demonstrations. The two finalists were Creative
Microsystems, Inc. (CMI – the City’s current software provider), and Software Solutions, Inc.
(SSI).
During the evaluation process, both software vendors announced that they were in the process of
writing completely new versions of their software. The City chose to wait until the new software
was available for evaluation, rather than purchase and implement the older software packages
that were in their “sunset” phase.
ALTERNATIVES
An internal evaluation team made up of Finance and Personnel employees has reviewed the new
versions of software now available from both Creative Microsystems and Software Solutions and
is convinced that the products offered by Software Solutions, Inc. are superior and are the best
choice for the City. It is recommended that City Council pass legislation authorizing the City
Manager to enter into a contract with Software Solutions, Inc..
The other alternative is to choose the software offered by Creative Microsystems, but their
software is not as complete, as functional, or as easy to use as the software offered by Software
Solutions. The Creative Microsystems alternative would also cost the City about $60,000 more
over a five-year period due to higher software maintenance fees.
OTHER CONSIDERATIONS
The new software will allow City personnel to work more efficiently. It includes improvements
such as electronic entry and routing of employee time sheets, the ability to easily attach and
access electronic documents (reducing the need to file paper copies), improved work-flow, and
the electronic routing of purchase requisitions and other documents.
FINANCIAL IMPACT
The cost of the recommended software and services will be covered by money already
appropriated in the 2010 budget and will not affect the General Fund balance.
Software Solutions, Inc. (the recommended vendor) is the least expensive alternative:
Software Solutions, Inc.
Creative Microsystems, Inc.
$181,980
$187,233
RECOMMENDATION
It is recommended that City Council authorize the City Manager to enter into a contract with
Software Solutions, Inc. for the software and services described above.
CONFORMITY TO CITY POLICY
This contract conforms to all City Purchasing policies and procedures.
EMERGENCY/NON EMERGENCY
Non-Emergency
DEPARTMENTAL CLEARANCES
Law Department
Division of Purchasing
CC:
Russ Carolus, Finance Director
Les Landen, Law Director
Betsy Parr, Clerk of City Council
Cindy Strayer, Purchasing Agent
File
LEGISLATION
ITEM 3
ORDINANCE NO. O2010-72
AN ORDINANCE AUTHORIZING A CONTRACT WITH KEMIRA WATER SOLUTIONS,
INC. FOR THE PURCHASE OF FERRIC SULFATE FOR USE AT THE WASTEWATER
TREATEMENT PLANT.
WHEREAS, the City solicited bids for ferric sulfate for use at the Wastewater
Treatment Plant; and
WHEREAS, the City received only one bid from Kemira Water Solutions, Inc., as
follows: 2011 $0.1175/pound
WHEREAS, City Council has determined that the bid of Kemira Water Solutions,
Inc. is the lowest and best bid;
NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of
Middletown, Butler/Warren Counties, Ohio that:
Section 1
The City Manager is hereby authorized to enter a contract with Kemira Water
Solutions, Inc. for the purchase of approximately 755,000 pounds of ferric sulfate for use
at the Wastewater Treatment Plant for the period from January 1, 2011 through
December 31, 2011, in accordance with plans and specifications on file with the Office of
the City Purchasing Agent, and with said company’s low bid therefore.
Section 2
For said purposes, the Director of Finance is hereby authorized and directed to
expend a sum not to exceed $88,713.00 in the year 2011 from the Sanitary Sewer Fund
(Fund No. 520).
Section 3
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 4
This ordinance shall take effect and be in force at the earliest date permitted by
law.
________________________________
Lawrence P. Mulligan, Jr., Mayor
1st reading: October 19, 2010
nd
2 reading: November 2, 2010
Adopted: _____________________
Effective: _____________________
Attest:
___________________________
Clerk of the City Council
H:\LAW\leg\O Kemira Water Solutions Contract.doc
STAFF REPORT
For the Business Meeting of October 19, 2010
October 15, 2010
TO:
FROM:
Judy Gilleland, City Manager
David Duritsch, Public Works Director
Cindy Strayer, Purchasing Agent
Bid Recommendation, Bid 10-7185-18, Ferric Sulfate
PURPOSE
To recommend the purchase of Ferric Sulfate from Kemira Water Solutions, Inc. of
Lawrence, KS, for use at the Wastewater Treatment Plant in the amount of $.1175/lb.
BACKGROUND and FINDINGS
Ferric Sulfate is a chemical that is used at our Wastewater Treatment Plant to condition
the sludge for a more efficient dewatering. Dewatering the sludge is an important step in our
process, because the less the sludge weighs (due to dewatering), the less we will pay for disposal
of the sludge. We estimate the use of approximately 755,000 pounds during the 2011 calendar
year.
ALTERNATIVES
Ferric Sulfate is a chemical that is specifically needed for the efficient operation of the
plant. An acceptable alternative is not available.
OTHER CONSIDERATIONS
Bids were taken, with only one bidder responding. Ferric Sulfate is a specific chemical
that is not produced by many manufacturers. We have worked successfully with Kemira in the
past, and recommend the acceptance of their bid.
FINANCIAL IMPACT
This chemical is used on an “as needed” basis (depending on weather, usage and plant
conditions), so it is difficult to know exactly how much will be used over the year’s time. We
anticipate usage of approximately 755,000 pounds, which equates to a purchase of approximately
$88,713 over the 2011 calendar year.
RECOMMENDATION
It is recommended the bid be awarded to the low bidder, Kemira Water Solutions, Inc., of
Lawrence, KS, in the amount of $.1175/pound for the 2011 calendar year.
CONFORMITY TO CITY POLICY
This purchase conforms to all City Purchasing policies and procedures.
EMERGENCY/NON EMERGENCY
N/A
DEPARTMENTAL CLEARANCES
Water Treatment Plant
cc:
Les Landen, Law Director
Russ Carolus, Finance Director
Dave Duritsch, Public Works Director
Scott Belcher, Water Treatment Plant Supt.
Betsy Parr, Clerk of Council
File
k:\agenda\staffrep\Ferric Sulfate
LEGISLATION
ITEM 4
ORDINANCE NO. O2010-73
AN ORDINANCE AUTHORIZING A CONTRACT WITH STATEWIDE FORD LINCOLN
MERCURY FOR THE PURCHASE OF SIX (6) 2011 FORD CROWN VICTORIA
POLICE INTERCEPTOR VEHICLES.
BE IT ORDAINED, by the City Council of the City of Middletown, Butler/Warren
Counties, Ohio that:
Section 1
The City Manager, without complying with the procedures of Chapter 735 of the
Ohio Revised Code, is hereby authorized to enter a contract with Statewide Ford Lincoln
Mercury for the purchase of six (6) 2011 Ford Crown Victoria Police Interceptor vehicles
in accordance with the plans and specifications on file in the office of the City
Purchasing Agent, and in accordance with the contractor’s proposal’s therefore.
Section 2
For said purpose the Director of Finance is hereby authorized and directed to
expend a sum not to exceed $139,500.00 from the Municipal Garage Fund (Fund No.
605) in 2011.
Section 3
This Council hereby determines that the procedure to be followed in the award
and execution of the aforesaid contract shall consist solely of the procedure set forth in
this ordinance and the provisions of Chapter 735 of the 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.
1st reading: October 19, 2010
nd
2 reading: November 2, 2010
Adopted: _____________________
Effective: _____________________
Attest:
________________________________
Lawrence P. Mulligan, Jr., Mayor
___________________________
Clerk of the City Council
h/law/leg/0 statewide ford police cruisers 2011.doc
STAFF REPORT
For the Business Meeting of October 19, 2010
October 15, 2010
TO:
FROM:
Judy Gilleland, City Manager
Dave Duritsch, Public Works Director
Cindy Strayer, Purchasing Agent
Recommendation for the Purchase of Police Cruisers
PURPOSE
To recommend the purchase of six police cruisers from Statewide Ford Lincoln Mercury,
Inc., of Van Wert, Ohio, in the total amount of $139,500.
BACKGROUND and FINDINGS
In the past, we have replaced cruisers each year to replace those in the fleet which have
met or exceeded our criteria for disposal (mileage, service, usage, etc.). In 2010, however, we
did not replace cruisers in an effort to help balance the budget. This request is for the
authorization to order six new cruisers now that will be paid from the 2011 budget. Since the
cutoff date for cruisers is early in 2011, we would like to get our order in early so we can be
assured of receiving the cruisers.
ALTERNATIVES
The alternative is to wait until 2011 to place the order. However, we run the risk of not
getting the cruisers, since the cutoff is early in the year. The cutoff date at present is March 11,
2011. Legislation requires two months lead time, so we may not be able to make the cutoff (and
will not be able to order if Ford moves the date up, which frequently happens).
OTHER CONSIDERATIONS
The last time the City purchased cruisers, they were purchased from Statewide Ford off
the ODAS contract. In 2010, 32 Ford had the State contract for police cruisers. However, 32
Ford was one of the dealerships that Ford closed this year, so there is no longer an ODAS
contract for police cruisers. Statewide Ford has offered to provide the 2011 cruisers at the 2010
price. Since we are not actually purchasing off a State contract, legislation will be necessary.
FINANCIAL IMPACT
These cruisers will be paid for from the 2011 budget. Funding has been requested in the
2011 budget for this expenditure.
RECOMMENDATION
It is recommended the six cruisers be purchased from Statewide Ford Lincoln Mercury,
Inc., of Van Wert, Ohio, in the total amount of $139,500.
CONFORMITY TO CITY POLICY
This purchase conforms to City Purchasing policies and procedures.
EMERGENCY/NON EMERGENCY
Non-emergency
DEPARTMENTAL CLEARANCES
Municipal Garage
cc:
Les Landen, Law Director
Russ Carolus, Finance Director
Dave Duritsch, Public Works Director
Keith Back, Garage Supt.
Betsy Parr, Clerk of Council
File
k:\agenda\staffrep\Cruisers
LEGISLATION
ITEM 5
ORDINANCE NO. O2010-74
AN ORDINANCE ESTABLISHING A PROCEDURE FOR AND AUTHORIZING
CONTRACT WITH HARRELL’S FOR THE PURCHASE OF GOLF COURSE
CHEMICALS AND DECLARING AN EMERGENCY.
BE IT ORDAINED, by the City Council of the City of Middletown, Butler/Warren
Counties, Ohio that:
Section 1
The City Manager without complying with the procedures of Chapter 735 of the
Ohio Revised Code is hereby authorized to enter into a contract for the purchase of golf
course chemicals for use at Weatherwax Golf Course. The contracts shall be approved
by the City Manager and the Law Director.
Section 2
For said purpose the Director of Finance is hereby authorized and directed to pay
a sum not to exceed $100,959.00 from the Golf Course Fund.
Section 3
This Council hereby determines that the procedure to be followed in the award
and execution of the aforesaid contract shall consist solely of the procedure set forth in
this Ordinance and the provisions of Chapter 735, Ohio Revised Code, shall not be
applicable to the award and execution of the aforesaid contract.
Section 4
It is hereby determined that the subject matter of this legislation is not of a general
and permanent nature, does not provide for a public improvement, and does not assess a
tax or payment.
Section 5
This ordinance is declared to be an emergency measure necessary for the
immediate preservation of the public health, safety and general welfare, to wit: to place
the order now to take advantage of vendor discounts, 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/O Harrells golf course chemicals 2011
STAFF REPORT
For the Business Meeting of November 2, 2010
October 28, 2010
TO:
FROM:
Judy Gilleland, City Manager
Doug Adkins, Director of Community Revitalization
Cindy Strayer, Purchasing Agent
Request to Pre-order Golf Course Chemicals
PURPOSE
To request authorization to pre-order chemicals for use next spring at Weatherwax Golf
Course from Harrell’s of Noblesville, IN, in the amount of $100,959.
BACKGROUND and FINDINGS
Chemicals are purchased each year for use at the golf course. These are the chemicals
that will be used for application in 2011, but are being ordered now at a significant savings.
Manufacturers offer certain chemicals early so they have an idea of how much of the chemical
will need to be produced for distribution in the spring. We will not receive, nor pay for these
chemicals until 2011, but need authorization to order them now to guarantee the vendor the sale
and to receive the discount.
ALTERNATIVES
The alternative is to purchase the chemicals next year. Past experience, however, has
shown that it is more cost effective to order the chemicals now so that we can receive the lower
rate.
FINANCIAL IMPACT
The City will realize savings of over $19,000 by ordering these chemicals now, as
opposed to waiting until 2011 to purchase the chemicals. In addition to the aforementioned
discount, although we will receive the chemicals in the spring, this vendor will allow the City to
hold payment for the chemicals until August 1, 2011.
RECOMMENDATION
It is recommended the award be made to Harrell’s of Atlanta, GA, in the total amount of
$100,959.
CONFORMITY TO CITY POLICY
This purchase conforms to all City Purchasing policies and procedures.
EMERGENCY/NON EMERGENCY
Emergency legislation is requested, since these chemicals must be ordered by December
10 in order to obtain the discount.
DEPARTMENTAL CLEARANCES
Community Revitalization
Weatherwax Golf Course
cc:
Les Landen, Director of Law
Russ Carolus, Director of Finance
Doug Adkins, Director of Community Revitalization
Dave Tieman, Golf Course
Dean Gerdeman, Golf Course
Betsy Parr, Clerk of Council
File
k:\agenda\staffrep\Golf Course Chemicals
LEGISLATION
ITEM 6
ORDINANCE NO. O2010 -75
AN ORDINANCE ESTABLISHING A PROCEDURE FOR AND AUTHORIZING AN
EXTENSION OF THE CONTRACT WITH ROY TAILORS UNIFORM CO., INC. FOR
THE PURCHASE OF FIRE UNIFORMS.
WHEREAS, City Council awarded a bid to Roy Tailors Uniform Co., Inc. for the
purchase of fire uniforms in 2008 by motion on March 18, 2008; and
WHEREAS, the City has the option to extend this contract for an additional year;
and
WHEREAS, such extension would be advantageous to the City by taking
advantage of last year’s pricing,
NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of
Middletown, Butler/Warren Counties, Ohio that:
Section 1
The City Manager without complying with the procedures of Chapter 735 of the
Ohio Revised Code shall enter into an extension of the contract with Roy Tailors Uniform
Co., Inc. for the purchase of additional fire uniforms in accordance with the specifications
on file with the City Purchasing Agent and in conformity with terms of the 2008 bid.
Section 2
For said purpose the Director of Finance is hereby authorized and directed to pay
a sum not to exceed $14,000.00 from the General Fund.
Section 3
This Council hereby determines that the procedure to be followed in the award
and execution of the aforesaid contract shall consist solely of the procedure set forth in
this Ordinance and the provisions of Chapter 735, Ohio Revised Code, shall not be
applicable to the award and execution of the aforesaid contract.
Section 4
It is hereby determined that the subject matter of this legislation is not of a general
and permanent nature, does not provide for a public improvement, and does not assess
a tax or payment.
Section 5
This ordinance shall take effect and be in force at the earliest date permitted by
law.
_____________________________
Lawrence P. Mulligan, Jr., Mayor
1st reading: November 2, 2010
2nd reading: ___________________
Adopted: _____________________
Effective: _____________________
Attest: _______________________
Clerk of the City Council
O roy tailors fire uniforms 2011.doc
STAFF REPORT
For the Business Meeting of November 2, 2010
October 28, 2010
TO:
FROM:
Judy Gilleland, City Manager
Steve Botts, Fire Chief
Cindy Strayer, Purchasing Agent
Extension of Existing Fire Uniform Contract
PURPOSE
To request the extension of the existing Fire Uniform Contract with Roy Tailors Uniform
Co., Inc., of Cincinnati, Ohio, in an amount not to exceed $14,000.00.
BACKGROUND and FINDINGS
Uniforms are purchased for the personnel in the Division of Fire each year as a result of
the contract between the IAFF and the City. These uniforms include work uniforms, dress
uniforms, shoes, boots and other assorted items. This bid is to provide the only the work
uniforms and dress uniforms. Other items (T-shirts, work shirts, etc.) are provided through
another bid.
OTHER CONSIDERATIONS
The last bid for fire uniforms was let in 2008, and was for a three year contract covering
the period of March 1, 2008 through February 28, 2011. There is a one year extension available
on this bid for the period of March 1, 2011 through February 29, 2012. It is recommended the
extension option be approved.
ALTERNATIVES
The alternative is to rebid the contract. However, the pricing we will receive through the
recommended extension is actually 2008 pricing.
FINANCIAL IMPACT
There is $52,800.00 available in the 2011 budget for the purchase of fire uniforms. It is
difficult to state exactly how much will be spent on uniforms, since uniforms are purchased on
an individual basis as the firefighters need them. Clothing is routinely ruined in the course of
duty, and each firefighter has an account from which they can purchase clothing. The contract
will not overrun the budget (based on the collective amount of money available in the individual
accounts).
RECOMMENDATION
It is recommended the contract be awarded to Roy Tailors Uniform Co., of Cincinnati,
Ohio, in an amount not to exceed $14,000.00. We have worked successfully with Roy Tailors
for many years.
CONFORMITY TO CITY POLICY
This purchase conforms to all City Purchasing policies and procedures.
EMERGENCY/NON EMERGENCY
Non-emergency
DEPARTMENTAL CLEARANCES
Division of Fire
cc:
Les Landen, Law Director
Russ Carolus, Finance Director
Steve Botts, Fire Chief
Robert Hess, Fire Marshal
Betsy Parr, Clerk of Council
File
k:\agenda\staffrep\Fire Uniforms
Legislative ITEMS
7&8
Share a staff
report
RESOLUTION NO. R2010-35
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, 2010. (POOL FUND, PARKING GARAGE FUND AND EAST
END DEVELOPMENT 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 Pool Fund of the City to accounts
of the City for the purposes herein described as follows:
FROM: Unappropriated Pool Fund (Fund #257)
TO:
Accounts of 990 (257.990.52480)
TOTAL POOL FUND
$17,497.00
$17,497.00
$17,497.00
Section 2
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 Development Fund (Fund #480)
TO:
Accounts of 990 (480.990.58295)
TOTAL EAST END DEVELOPMENT FUND
$ 4,015.00
$ 4,015.00
$ 4,015.00
Section 3
The following sums are hereby appropriated from the Parking Garage Fund of the City to
accounts of the City for the purposes herein described as follows:
FROM: Unappropriated Parking Garage Fund (Fund #505)
TO:
Accounts of 612 (505.612.52480)
TOTAL PARKING GARAGE FUND
$18,708.00
$18,708.00
$18,708.00
Section 4
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 5
All legislation inconsistent herewith is hereby repealed.
Section 6
This resolution shall take effect and be in force at the earliest date permitted by law.
__________________________________
Lawrence P. Mulligan, Jr., Mayor
1st reading: November 2, 2010
2nd reading: _________________________
Adopted: ___________________________
Effective: ___________________________
Attest: _________________________________
Clerk of the City Council
H:/law/leg/r Approp POOL PARKING EAST END FUNDS 2010.doc
STAFF REPORT
For the Business Meeting of November 2nd, 2010
October 25th, 2010
TO:
Judy Gilleland, City Manager
FROM:
Russ Carolus, Finance Director
City Fund Report Analyses
PURPOSE
The purpose of this staff report is to give council requested information on the structure and use
of funds.
BACKGROUND and FINDINGS
During a recent council meeting, a majority of council asked the City Manager to produce a
report on reducing the number of funds used. Council iterated that the current system of funds
and accounts were complicated and hard to understand.
After investigating the source of our funds and how they are used, the following was found:
•
Most funds are either mandated by OMB (federal) or State Statue (ORC). Some
examples are:
o
JEDD – Joint Economic Development District Trust
o
HOME, HOUSING (Section 8), ARRA, CDBG, FEMA
o
General fund
•
There are some funds that aren’t required by law but make sense to keep separate
since they are larger funds and enforce budget compliance.
o
Water Capital, Sewer Capital, and Airport Improvement funds
•
There are several funds that track city business type activities and need separate
accounting to insure proper rate structures and budget compliance
o
Water
o
Sewer
o
Refuse
o
Wellfield
o
Storm Water
o
Transit
o
Golf
Fund Analysis Staff report
Page 2
•
There are a few funds with small amounts that will need appropriation legislation to
start the closing process.
o Pool Fund – Balance $17,946.45
o Parking Fund – Balance $13,707.21
o East End Development – Balance $4,014.25
•
There are two capital funds that were originally created to account for projects and
their associated financings. These may be combined after making sure that any
outstanding borrowings and legal issues are taken into account.
o Downtown Improvements
o Property Development
•
There are several funds that can be closed since they are no longer actively used and
have a zero balance.
o Litter Control Grant (235)
o Golf Course Improvement (496)
o Rail Road Crossing Modification (435)
o Breiel Boulevard Extension (482)
o Court of Appeals Project (483)
o Interceptor Sewer Rehab (491)
o Downtown State Contribution (493)
o River Corridor Project (497)
o City Centre Mall Fund (535)
o Bicentennial Commons Trust (745)
o Sawyer Trust (743)
FINANCIAL IMPACT
There is no financial impact since the amount of total resources remains the same before and
after any council action is taken.
It is important to note that governmental accounting is inherently different from a for-profit
company. Government exists to serve its citizens and provide services such as public safety,
streets, and parks. To insure that money is spent as it’s intended to provide for these services,
budgets and funds are created. It is the intent of all legislation to create a mechanism for clarity
in reporting and accounting to insure the intent of council and its citizens are met.
Fund Analysis Staff report
Page 3
RECOMMENDATION
Council action is requested for those funds that need additional appropriations.
Legislation will be brought forth to close inactive funds listed above.
The Pool fund remaining money was revenue from the remainder of the money that was donated
from AK for pool operations. As such, it cannot be transferred to another fund. Council will
need to direct how this money will be used.
The Parking Fund is an enterprise fund. The costs associated with demolishing the current
parking garage are legitimate expenses of this fund. We will use the remainder of the fund to
offset debt expenses. Once the funds are expended, the fund can be closed once all legal issues
are resolved.
The East End fund balance will be moved to the Capital Improvement fund.
CONFORMITY TO CITY POLICY
No conflict with City Policy.
EMERGENCY/NON EMERGENCY
All actions will be taken as non-emergency to allow for proper council discussion.
DEPARTMENTAL COPIES
Clerk of the City Council
Law Department
Department of Public Works & Utilities
LEGISLATION
ITEM 8
ORDINANCE NO. O2010-76
AN ORDINANCE ELIMINATING CERTAIN FUNDS OF THE CITY.
WHEREAS, various City funds previously created by City Council are no longer in
active use and contain zero balances; and
WHEREAS, there is no reason for these funds to be maintained and reported in
the City budget;
NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of
Middletown, Butler/Warren Counties, Ohio that:
Section 1
The following City funds, which contain zero balances and are no longer in use,
are hereby eliminated:
Fund Name
(Fund Number)
Litter Control Grant
(235)
Golf Course Improvement
(496)
Rail Road Crossing Modification
(435)
Breiel Boulevard Extension
(482)
Court of Appeals Project
(483)
Interceptor Sewer Rehab
(491)
Downtown State Contribution
(493)
River Corridor Project
(497)
City Centre Mall Fund
(535)
Bicentennial Commons Fund
(745)
Sawyer Trust
(743)
Section 2
This ordinance shall take effect and be in force at the earliest date permitted by
law.
_____________________________
Lawrence P. Mulligan, Jr., Mayor
1st reading: November 2, 2010
2nd reading: ___________________
Adopted: _____________________
Effective: _____________________
Attest: _______________________
Clerk of the City Council
H:/Law/leg/O Elimination of Certain Funds.doc
LEGISLATION
ITEM 9
ORDINANCE NO. O2010-77
AN ORDINANCE AMENDING SECTION 890.06 OF THE CODIFIED ORDINANCES.
BE IT ORDAINED, by the City Council of the City of Middletown,
Butler/Warren Counties, Ohio that:
Section 1
Sections 890.06 of the Codified Ordinances is hereby amended to read in full
as set forth in Exhibit “A”, attached hereto and made a part hereof.
Section 2
This ordinance shall be effective at the earliest time permitted by law.
_____________________________
Lawrence P. Mulligan, Jr., Mayor
1st Reading: November 2, 2010
2nd Reading: ___________________
Adopted:_______________________
Effective: ______________________
Attest: _______________________
Clerk of the City Council
H:/law/leg/O Amend Sec 890.06.doc
Exhibit “A”
Amendment of §890.06
§ 890.06 COLLECTION AT SOURCE.
(a) Withholding by employer. Each employer within, or doing business within, the City who
employs one or more persons on a salary, wage, commission or other compensation basis shall
deduct, when such salary, wage, commission or other compensation is paid, allocated, or set
aside, the tax at the rate provided in 890 hereof on the qualifying wages due by such employer to
each such employee and shall, on or before the fifteenth day of the month following such
withholding, make a return and payment to the Superintendent of Taxation the amount of taxes
so deducted. The return shall be on a form or forms prescribed by or acceptable to the
Superintendent of Taxation and shall be subject to the Rules and Regulations prescribed by the
Superintendent of Taxation. Such employer shall be liable for the payment of the tax required to
be deducted and withheld, whether or not such taxes have in fact been withheld. Nothing in this
section prohibits an employer from withholding tax on a basis greater than qualifying wages.
(b) An employer is not required to make any withholding with respect to an individual’s
disqualifying disposition of an incentive stock option if, at the time of the disqualifying
disposition, the individual is not an employee of the corporation with respect to whose stock the
option has been issued. However, the employer is required to report the disposition in its Annual
Withholding Return, including the name, address and social security number of the persons
receiving the dispositions.
(c) (1) An employee is not relieved from liability for a tax by the failure of the employer to
withhold the tax as required by a municipal corporation or by the employer’s exemption from the
requirement to withhold the tax.
(2) The failure of an employer to remit to the municipal corporation the tax withheld relieves the
employee from liability for that tax unless the employee colluded with the employer in
connection with the failure to remit the tax withheld.
(d) Such employer, in collecting the tax, shall be deemed to hold the same, until payment is made
by such employer to the City, as a trustee for the benefit of the City. Any such tax collected by
such employer from his or her employees shall, until the same is paid to the City, be deemed a
trust fund in the hands of such employer. Each employer shall be liable for the payment of the
tax required to be deducted and withheld, whether or not such tax, in fact, has been withheld.
(e) Withholding return; list of employees. Each employer shall file a withholding tax
reconciliation showing the sum total of all compensation paid all employees, the portion of
which, (if any) was not subject to withholding along with an explanation for same, and the
portion of which was subject to withholding, together with the amount of such withholdings
remitted. Such return shall include information concerning each employee from whom the
Municipal tax was withheld, showing the name, address, zip code and social security number of
each such employee, the total amount of compensation paid during the year and the amount of
Municipal tax withheld. If the total tax withheld from any employee included tax withheld and
remitted to another municipality, the amount of same shall be separately shown on the return of
information to the City concerning each employee. The withholding tax reconciliation shall be
filed by each employer on or before February 28 or by March 31 if filing by electronic media,
following the end of such calendar year.
(f) No person shall be required to withhold the tax imposed by this Chapter on the qualifying
wages, commissions other compensation and other taxable income paid domestic servants
employed by him or her exclusively in or about such person’s residence, even though such
residence is in the City. However, such domestic servants shall be responsible for filing and
paying their own returns and taxes.
(g) Any person who is required to withhold tax from qualifying wages shall pay all such tax to
the City in accordance with the provisions of this section. In the event taxes withheld from the
qualifying wages of employees are not paid to the City in accordance with the provisions of this
section, all officers, members, managers, employees and trustees having control or supervision of
or charged with the responsibility of filing the return and making payment are jointly and
severally personally liable for the tax not returned or paid to the City as well as any related
interest and penalties, and are also liable under the provisions of § 890.10 hereof. The
dissolution, termination or bankruptcy of a corporation, limited liability company, or business
trust does not discharge an officer’s member’s, manager’s, employee’s or trustee’s liability for a
failure of the corporation, limited liability company, or business trust to file returns or pay said
taxes.
(h) So long as the taxes withheld by an employer for the City during the measurement period are
less than one thousand ($1,000.00) per month, payments may be made quarterly on or before the
last fifteenth day of the month following the end of each quarter subject to the approval of the
Superintendent of Taxation. The Superintendent of Taxation may revoke the approval of
quarterly filing and payments whenever the Superintendent of Taxation has reason to believe that
the conditions for granting such authorization have changed, were judged incorrectly, were not
met, or when it is in the best interest of the City to do so. Notice of withdrawal shall be made in
writing and, in such cases, the employer must begin to file in accordance with this section.
(i) In addition to the wage reporting requirements of this section, any person required by the
Internal Revenue Service to report on Form 1099-Misc. payments to individuals not treated as
employees for services performed in the City. The information may be submitted on a listing,
and shall include the name, address and social security number (or federal identification number)
and the amount of the payments made. Federal form(s) 1099 may be submitted in lieu of such
listing. The information shall be filed annually on or before February 28 following the end of
such calendar year.
STAFF REPORT
For Business meeting of November 2nd , 2010
October 28, 2010
TO:
Judy Gilleland, City Manager
FROM:
Russell Carolus, Finance Director
Change in Income Tax Withholding collection period
PURPOSE
The purpose of this staff report is to explain why the City should change the withholding file
date for quarterly withholding payments that are less than $1,000.
BACKGROUND and FINDINGS
The ordinance in question deals with Business withholding payments (not residential payments).
Codified ordinance 890.06(h) specifies that: “So long as the taxes withheld by an employer for
the City during the measurement period are less than one thousand ($1,000.00) per month,
payments may be made quarterly on or before the last day of the month following the end of
each quarter subject to the approval of the Superintendent of Taxation.”
Codified ordinance 890.06(a) specifies that anyone above the $1,000 per month threshold must
pay by the 15th.
Modifying section 890.06(h) will force payments to be postmarked by the 15th of each month
thereby matching the payment dates for 890.06(a). 890.06(h) allows payments to be postmarked
by the last day of the month so that some payments are received prior to month end and others a
few days into the next month. This makes analysis of income change difficult when comparing
the current year to previous years. In addition, when business changes necessitate a change to
reporting monthly, the payment due date will be consistent for all withholding accounts.
In addition, the city will receive payments 15 days earlier. This will not be a burden to the
employer in the respect that these funds are being held as a trustee to the city and are not to be
comingled with other operating revenue.
While 890.06(h) specifies that the Income Tax Superintendent can change the payment date, the
ordinance specifies it must be in writing. This would require us to send additional paperwork to
each existing business and any new business that withholds employee taxes. In addition,
someone who reads the ordinance would assume that payments must be postmarked by the end
of the month. Modifying this section will simplify and clarify this section of the income tax
code.
In Summary, this does not affect residential filers. The money being requested has already been
withheld from employees’ paychecks and is held in trust by the employer. We are simply asking
them to send it to us 15 days earlier each quarter.
OTHER CONSIDERATIONS
If adopted, the City will notify all affected employers in writing using our annual coupon book
mailing or a separate letter as appropriate.
EMERGENCY/NON EMERGENCY
This is not an emergency ordinance.
DEPARTMENTAL COPIES
Clerk of the City Council
Law Department
Public Works
LEGISLATION
ITEM 10
ORDINANCE NO. O2010- 78
AN ORDINANCE ESTABLISHING A PROCEDURE FOR AND AUTHORIZING A
CONTRACT WITH ROY TAILORS UNIFORM CO., INC. FOR THE PURCHASE OF
BODY ARMOR.
WHEREAS, the City solicited bids for the purchase of one hundred (100) pieces
of body armor; and
WHEREAS, the City received bids for sixteen (16) different styles/brands of body
armor from seven (7) different companies, a summary of which is on file in the office of
the City Purchasing Agent; and
WHEREAS, the various brands and styles of body armor were evaluated by
officers who wear the vests for coverage, adjustability, flex, fit and comfort; and
WHEREAS, after evaluating the body armor, the Division of Police has
recommended the purchase of the Safariland SM01 body armor;
NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of
Middletown, Butler/Warren Counties, Ohio that:
Section 1
The City Manager, without complying with the procedures of Chapter 735 of the
Ohio Revised Code, is hereby authorized to enter into a contract with Roy Tailors
Uniform Co., Inc. for the purchase of one hundred (100) pieces of body armor in
accordance with the plans and specifications on file with the Purchasing Agent and in
accordance with the contractor’s proposal therefore.
Section 2
For said purpose the Director of Finance is hereby authorized and directed to
expend a sum not to exceed $57,400.00 from the following funds:
Police Grant Fund (251.047.54360)
General Fund (100.224.54360)
$28,700.00
$28,700.00
The amount of $28,700 is hereby appropriated to the Police Grant Fund.
Section 3
This Council hereby determines that the procedure to be followed in the award
and execution of the aforesaid contract shall consist solely of the procedure set forth in
this ordinance and the provisions of Chapter 735 of the Ohio Revised Code shall not be
applicable to the award and execution of the aforesaid contract.
Section 4
It is hereby determined that the subject matter of this legislation is not of a
general and permanent nature, does not provide for a public improvement, and does not
assess a tax or payment.
Section 5
This ordinance shall take effect and be in force at the earliest date permitted by
law.
________________________________
Lawrence P. Mulligan, Jr., Mayor
st
1 reading: November 2, 2010
2nd reading: ___________________
Adopted: _____________________
Effective: _____________________
Attest:
___________________________
Clerk of the City Council
H:/law/leg/O Police Body Armor Contract 2010.doc
STAFF REPORT
For the Business Meeting of November 2, 2010
October 28, 2010
TO:
FROM:
Judy Gilleland, City Manager
Greg Schwarber, Police Chief
Cindy Strayer, Purchasing Agent
Bid Recommendation, Bid 10-7161-12, Body Armor
PURPOSE
To request approval of the purchase of 100 pieces of body armor for the Division of
Police from Roy Tailors Uniform Co., Inc., of Cincinnati, Ohio, in the amount of $57,400.
BACKGROUND and FINDINGS
The body armor (bullet proof vests) in the Division of Police are over 5 years old, which
is the life expectancy for these units. For safety concerns, we need to purchase new units for our
officers, who have a mandatory wear policy. We bid this item with the intent of finding a vest
that is comfortable, durable, and most importantly safe for our officers to wear on a daily basis.
All safety concerns were written into the specifications, but our intent was to obtain pricing and
samples that our officers would be able to inspect. The inspection was to be done by the officers
who must wear these vests during the course of duty, and let them decide which vest they
preferred. The bid process gave us the best pricing for all the models available.
All vests submitted were inspected by the officers, who are expected to wear these vests
every working day for five years. The samples were examined by the officers for coverage,
adjustability, flex, fit and comfort. The Safariland SM01 vest recommended was rated the top
out of the samples in these areas. The second and third choices by the officers were more
expensive ($715 and $612.50), as compared to the Safariland SM01 at $547. The lower price
bids had significantly more bulk and weight and are not only less comfortable, but also restrict
the movements of the officer. The heavier vests also retain heat and cause the wearer to perspire
more, which can degrade the ballistic material.
ALTERNATIVES
The alternative is to choose another vest, which is less expensive. However, since this is
a piece of equipment which must be worn every day by every officer on the street, wearability
and preference were considered more important than price in this purchase.
OTHER CONSIDERATIONS
Sixteen bids were received. The bid tabulation is attached.
FINANCIAL IMPACT
We were recently notified of the receipt of the Bulletproof Vest Initiative grant, which
will reimburse 50% ($28,700) of the purchase price. The City has the other $28,700 in the
budget to cover the remaining $28,700.
RECOMMENDATION
It is recommended the contract be awarded to Roy Tailors Uniform Co., of Cincinnati,
Ohio, in the amount of $57,400 for 100 each Safariland SM01, Level II, bulletproof vests.
CONFORMITY TO CITY POLICY
This purchase conforms to all City Purchasing policies and procedures.
EMERGENCY/NON EMERGENCY
Non emergency
DEPARTMENTAL CLEARANCES
Division of Police
cc:
Les Landen, Law Director
Russ Carolus, Finance Director
Greg Schwarber, Chief of Police
Mark Hoffman, Deputy Police Chief
Leanne Hellmuth, Police Lieutenant
Betsy Parr, Clerk of Council
File
k:\agenda\staffrep\Body Armor
Legislative ITEMS
11, 12 & 13
Share a staff
report
ORDINANCE NO. O2010-79
AN ORDINANCE ESTABLISHING PAY RANGES AND CERTAIN BENEFITS FOR
EMPLOYEE CLASSIFICATIONS IN THE MIDDLETOWN DEPARTMENT OF
HEALTH AND ENVIRONMENT.
BE IT ORDAINED by the City Council of the City of Middletown, Butler and
Warren Counties, Ohio:
Section 1
Effective January 1, 2011 the salaried classifications within the service of the
Middletown Department of Health and Environment are hereby established in pay ranges as
follows:
Class Title
Certified Community Health Worker
Community Health Worker
Community Care Administrator
Director of Environmental Health
Director of Nursing
Emergency Planning Coordinator/Sanitarian
Health Commissioner
Health Commissioner/Director of Environmental Health
Health Educator
Lead Community Health Worker
OIMRI Supervisor/ CFHS Project Director
Public Health Intern
Public Health Nurse
Sanitarian
Sanitarian-in-Training
Secretary I
Senior Administrative Assistant
Supervising Sanitarian
Vital Statistics Registrar
Salary Range
195
197
186
179
179
183
172
172
191
192
186
197
182
183
184
193
184
181
189
The salary ranges above shall be equivalent to those set forth in the most current ordinance
establishing current pay ranges for City of Middletown employees.
Section 2
The position of Medical Director shall be on call at all times and available to handle
any health related emergency affecting the community. The schedule of the Medical Director
shall be determined by the Health Commissioner. The Medical Director shall be paid an
annual salary equivalent to the state subsidy amount for the prior year to be paid in twenty-six
(26) equal increments.
Section 3
Employees of the Middletown Department of Health and Environmental shall receive
benefits and be subject to the pay policies as set forth in the most current ordinance
establishing pay policy and benefits for City of Middletown employees.
Section 4
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:
November 2, 2010
2nd Reading: _________________________________
Adopted:
_________________________________
Effective:
_________________________________
Attest:
_________________________________
Clerk of City Council
h/law/leg/0 Health Dept Pay Ranges 2010
STAFF REPORT
For the Business Meeting – November 2, 2010
October 27, 2010
TO:
Judith A. Gilleland, City Manager
FROM:
Pay and Benefits Ordinance Committee
PAY AND BENEFITS ORDINANCES FOR 2011
PURPOSE
The objective of this staff report is to outline the proposed changes in the three Pay and
Benefits Ordinances which are being presented to City Council this year. The three ordinances are:
a general ordinance for City employees, an ordinance for employees of the Department of Health and
Environmental Services, and an ordinance for the employees of the Municipal Court.
BACKGROUND AND FINDINGS
There are very few changes in the ordinances being presented to City Council for approval for
the 2011 year. A brief outline of those changes is set-forth below as it applies to each ordinance. All
changes to the ordinance regarding the general employees of the City of Middletown are also
applicable to Health Department and Municipal Court employees.
Municipal Court Pay and Benefits Ordinance
The only change to this ordinance is a request from the Court for a car allowance in the
amount of $275.00 for the Director of Court Services/Clerk of Court. The Municipal Court
budget reflects the allocation of this car allowance.
Department of Health and Environmental Services Pay and Benefits Ordinance
There are only two changes in the Health Department Ordinance. First, several positions
have been eliminated as funding for those positions has reduced. Second, the positions of
CFHS Project Director and OIMIRI Supervisor have been combined and are being served by
a single person in a single pay range.
City Employee’s Pay and Benefits Ordinance
1) This ordinance, as presented to City Council, reflects a 1% pay increase which was
included in the financial plan and has also been accounted for in the City Budget.
2) Several positions have been eliminated in the new ordinance. Most of the positions
were laid off last year, but the layoffs did not take effect until February, 2010. Therefore,
the positions could not be removed from the ordinance for its revision in 2010.
3) The pay range of the Assistant Law Director has been expanded from 172 to 175
instead of 173-175. Under the new ordinance the Assistant Law Director will be directly
responsible for the human resources operations of the City and the day to day operations of
the Personnel Division. The Assistant Law Director will still report on these issues to the
Director of Law.
4) The pay range of the Income Tax Supervisor has been increased from 180 to 178 at the
request of the Finance Director.
5) The pay range of the Deputy Chiefs of Police has been, in accordance with the pattern
set in last year’s Pay and Benefits Ordinance, tracked to increase with the pay increases
received by the Patrol Officers and Supervisors in the bargaining units of the Division of
Police.
6) The insurance language in the ordinance has been adjusted to show that the vision care
issue has been decided by the Healthcare Committee and that all City employees, except
those covered by AFSCME Care in the AFSCME bargaining unit, are covered by the City
vision plan.
7) Section 15 of the ordinance regarding Allowances has been amended to include the cost
of imprints and embroidery on clothing bought by employees for use at work. From time to
time, the City requires that work clothing bear either a City imprint or some designation that
the person is a City of Middletown employee. In the past, this was typically accomplished
with patches; however, now it is more common to use an imprint or embroidery, and it is the
City’s intent to pay for this as part of the employee’s uniform.
8) The provision in the ordinance that deals with the Wellness Program makes it clear that
that program is under the direction of the Healthcare Committee and the Health Department.
9) The City Manager has requested that she be given some discretion to address past and
present pay inequities between organized and non-organized employees by having the
authority to grant non-organized employees a day off work. The manager could designate
this as a holiday, personal day, or a vacation day in her discretion. She would also have the
discretion to place other limitations and conditions on this additional day.
FINANCIAL IMPACT
The financial impact of the changes in the three Pay and Benefits Ordinances are fully
reflected in the City budget which has been presented to City Council for approval. None of the
actions listed in the ordinances will adversely affect the 2011 budget.
CONFORMITY TO CITY POLICY
The amendments to the three City Pay and Benefits Ordinances were initially submitted by the
departments to the Pay and Benefits Ordinance Committee and the amendments were reviewed by
that committee. The changes have been reviewed by the City Manager and have been approved by
her in accordance with the past practice of dealing with the Pay and Benefits Ordinances.
DEPARTMENTAL CLEARANCES
The Pay and Benefits Ordinances have been submitted to each and every City department for
their review. In addition, prior to the changes in the Pay and Benefits Ordinance, each department
was given an opportunity to provide changes to the Pay and Benefits Ordinance Committee.
RECOMMENDATION
It is the recommendation of the Pay and Benefits Ordinance Committee that these three
ordinances be adopted effective January 1, 2011.
EMERGENCY/NON-EMERGENCY
These three ordinances are submitted as non-emergency legislation.
LEGISLATION
ITEM 12
ORDINANCE NO. O2010-80
AN ORDINANCE ESTABLISHING PAY RANGES AND CERTAIN BENEFITS FOR
EMPLOYEE CLASSIFICATIONS IN THE MUNICIPAL COURT.
WHEREAS, the Municipal Judge and the Clerk of Court has advised this
Council as to the salaries of Court employees.
NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of
Middletown, Butler/Warren Counties, Ohio that:
Section 1
The salaried classifications within the service of the Municipal Court are
hereby established in pay ranges as follows:
(Effective January 1, 2011, except as otherwise noted)
Class Title
Salary Range
Assignment Commissioner
188
Administrative Secretary/Court Reporter
187
Bailiff
187
Chief Bailiff
178
Chief Deputy Clerk of Court
186
Chief Probation Officer
178
Deputy Clerk I (hired prior to January 1, 2000)
189
Deputy Clerk I (hired January 1, 2000 and after)
190
Deputy Clerk II
188
Deputy Chief Probation Officer
178
Director of Court Services/Clerk of Court
170
Magistrate
173
Municipal Judge
According to State Statute
Probation Officer
184
Public Defender (Part-Time)
$40.00 per hour
The salary ranges above shall be equivalent to those set forth in the ordinance
establishing current pay ranges for City of Middletown employees.
Section 2
Employees of the Middletown Municipal Court shall receive benefits and be
subject to pay policies as set forth in the ordinance establishing benefits and pay
policies for employees of the City of Middletown except as specifically excepted
herein. The Director of Court Services/Clerk of Courts shall be entitled to
compensation for use of his/her personal vehicle for business purposes in
accordance with the terms and conditions set forth in Section 16(E) of
Ordinance No. O2010-______________.
Section 3
Persons in positions, which qualify for overtime under Federal Law, shall be
paid overtime in accordance with the ordinance establishing benefits and pay policy
for the employees of the City of Middletown.
Section 4
This ordinance shall take effect and be in force at the earliest date permitted
by law.
______________________________
Lawrence P. Mulligan, Jr., Mayor
1st reading: November 2, 2010
2nd reading: ____________________
Adopted:______________________
Effective: _____________________
Attest: _______________________
Clerk of the City Council
LEGISLATION
ITEM 13
ORDINANCE NO. O2010-81
AN ORDINANCE ESTABLISHING PAY RANGES, PAY POLICY AND BENEFITS
FOR VARIOUS SALARIED AND HOURLY CLASSIFICATIONS WITHIN THE
SERVICE OF THE CITY.
BE IT ORDAINED, by the City Council of the City of Middletown, Butler and Warren
Counties, Ohio: (Effective January 1, 2010 11 except as otherwise noted.)
Section 1
PAY RANGES FOR SALARIED EMPLOYEES
(A)
There are hereby established the following bi-weekly pay ranges for salaried
and hourly classifications with the service of the City.
RANGE
A
B
C
D
E
F
G
200
556.52
582.68
610.08
638.76
668.64
700.16
733.00
199
759.04
794.76
832.20
871.24
912.52
955.12
999.96
198
794.76
832.20
871.24
912.52
955.12
999.96
1,047.00
197
832.20
871.24
912.52
955.12
999.96
1,047.00
1,096.24
196
871.24
912.52
955.12
999.96
1,047.00
1,096.24
1,147.80
195
912.52
955.12
999.96
1,047.00
1,096.24
1,147.80
1,201.72
194
955.12
999.96
1,047.00
1,096.24
1,147.80
1,201.72
1,258.20
193
999.96
1,047.00
1,096.24
1,147.80
1,201.72
1,258.20
1,317.28
192
1,047.00
1,096.24
1,147.80
1,201.72
1,258.20
1,317.28
1,379.24
191
1,096.24
1,147.80
1,201.72
1,258.20
1,317.28
1,379.24
1,444.36
190
1,147.80
1,201.72
1,258.20
1,317.28
1,379.24
1,444.36
1,511.52
189
1,201.72
1,258.20
1,317.28
1,379.24
1,444.36
1,511.52
1,584.16
188
1,258.20
1,317.28
1,379.24
1,444.36
1,511.52
1,584.16
1,658.64
187
1,317.28
1,379.24
1,444.36
1,511.52
1,584.16
1,658.64
1,736.52
186
1,379.24
1,444.36
1,511.52
1,584.16
1,658.64
1,736.52
1,818.20
185
1,444.36
1,511.52
1,584.16
1,658.64
1,736.52
1,818.20
1,903.68
184
1,511.52
1,584.16
1,658.64
1,736.52
1,818.20
1,903.68
1,993.16
183
1,584.16
1,658.64
1,736.52
1,818.20
1,903.68
1,993.16
2,086.84
1
182
1,658.64
1,736.52
1,818.20
1,903.68
1,993.16
2,086.84
2,184.92
181
1,736.52
1,818.20
1,903.68
1,993.16
2,086.84
2,184.92
2,287.64
180
1,818.20
1,903.68
1,993.16
2,086.84
2,184.92
2,287.64
2,395.08
179
1,903.68
1,993.16
2,086.84
2,184.92
2,287.64
2,395.08
2,507.68
178
1,993.16
2,086.84
2,184.92
2,287.64
2,395.08
2,507.68
2,625.52
177
2,086.84
2,184.92
2,287.64
2,395.08
2,507.68
2,625.52
2,748.92
176
2,184.92
2,287.64
2,395.08
2,507.68
2,625.52
2,748.92
2,881.00
175
2,287.64
2,395.08
2,507.68
2,625.52
2,748.92
2,881.00
3,014.52
174
2,395.08
2,507.68
2,625.52
2,748.92
2,881.00
3,014.52
3,154.96
173
2,507.68
2,625.52
2,748.92
2,881.00
3,014.52
3,154.96
3,303.40
172
2,625.52
2,748.92
2,881.00
3,014.52
3,154.96
3,303.40
3,458.64
171
2,748.92
2,881.00
3,014.52
3,154.96
3,303.40
3,458.64
3,621.12
170
2,881.00
3,014.52
3,154.96
3,303.40
3,458.64
3,621.12
3,791.40
169
3,014.52
3,154.96
3,303.40
3,458.64
3,621.12
3,791.40
3,973.88
168
3,154.96
3,303.40
3,458.64
3,621.12
3,791.40
3,973.88
4,156.08
167
3,645.88
3,817.60
3,997.04
4,208.32
4,383.20
4,589.64
4,805.68
(B)
The various salaried classifications within the service of the City are placed in
the said pay ranges as follows:
CLASS TITLE
Account Clerk
Administrative Assistant
Assistant City Engineer
Assistant Finance Director
Assistant Golf Course Superintendent I
Assistant Golf Course Superintendent II
Assistant Golf Professional
Assistant Law Director
Assistant Prosecutor
SALARY RANGE
192
187
174
176
188
198
184
1732-175
180
Budget Analyst
Building Cleaner
Building Maintenance Technician
Bus Cleaner
183
197
188
197
2
Cashier Clerk
Chief Building Official
Chief Engineering Technician
Chief of Police
Civilian Communications Supervisor
Clerk of Council
Community Revitalization Director
Community Security Officer
Computer Programmer/Analyst
Contracts Administrator
Co-op
Customer Relations Specialist
194
173
178
171
184
177
170
190
179
188
199
189
Deputy Clerk of Council
Deputy Police Chief
187
173
Economic Development Director
Economic Development Program Manager
Electronics Maintenance Supervisor
Electronics Technician
Engineer
Engineering Construction Inspector
Engineering Technician
Executive Account Clerk
Executive Assistant
172
176
182
186
180
181
184
188
186-184
Facilities Maintenance Supervisor
Field Inspector
Finance Director
Fire Chief
182
183 thru 181
170
171
Garage Superintendent
Golf Director
Golf Course Maintenance Technician
Golf Course Mechanic
Golf Course Superintendent
182
176
198
191
177
Housing Code Assistant
Housing Code Specialist
HUD Field Project Manager
HUD Program Administrator
190
186
182
178
Income Tax Auditor
Income Tax Superintendent
Information Systems Manager
Information Systems Support Analyst
Information Systems Technician
182
178180
173
181
184
3
Law Director
Lead Bus Driver
Litter Collection Supervisor
170
187
192
Neighborhood Improvement Advisor
182
Personnel Clerk
Personnel Specialist
Planning Director
Police Records Supervisor
Process Control Supervisor
Prosecutor
Public Works Leader
Public Works & Utilities Director
Public Works Superintendent
Purchasing Agent
190
184
172
184
182
177
185
170
179
180
Recreation Administrator
183
Secretary III
Senior Account Clerk
Senior Computer Programmer/Analyst
Senior Co-op
Senior Electronics Technician
Senior Engineer
Senior Engineering Technician
Senior Personnel Specialist
Senior Planner
190
190
176
190
184
178
182
182
178
Traffic Engineer
Training/Community Projects Coordinator
Transit Manager
Treatment Plant Lab Analyst
Treatment Plant Mechanic
Treatment Plant Operator
178
186
182
185
184
Class I Certification – 186
Class II Certification – 185
Class III Certification – 184
Uncertified – 187
Utility Billing Supervisor
Victim’s Advocate Volunteer Coordinator
180
191
Wastewater Treatment Manager
Water Treatment Manager
178
178
4
(1)
All Senior Clerk Typists reclassified or assigned to the position of
Secretary III prior to or on January 1, 1999 shall be placed in Pay Range 189.
Clerk Typists reclassified or reassigned to the position of Secretary III prior to
or on January 1, 1999 shall be placed in Pay Range 190.
(2)
Notwithstanding subsections (A) and (B) of Section 1 of this
ordinance, the Deputy Police Chiefs shall be paid in accordance with the
following pay scale in 200911:
RANGE
DCP
1/1/11
11/1/11
A
B
2,507.14 2,624.98
2,646.91 2,771.32
2,713.09 2,840.60
C
2,748.33
2,901.55
2,974.09
D
2,880.37
3,040.95
3,116.98
E
3,013.86
3,181.89
3,261.43
F
3,154.31
3,330.17
3,413.42
G
3,302.72
3,486.88
3,574.05
(C)
The City Manager is authorized to establish part-time equivalent positions for
any full-time position established by this ordinance, and is further authorized to develop
Policies and Procedures in accordance with such part-time positions and to maintain the policy
on file in the City Manager's office. A part-time employee is an employee who is scheduled to
work less than forty hours in a workweek. Authorized leaves do not affect the status of a fulltime employee. All part-time employees shall be paid an hourly rate equal to one-eightieth of
his/her full-time equivalent's biweekly rate.
(D)
Treatment Plant Operators who serve as shift operators shall be paid at a rate of
pay which is 4.7% above the regular rate of pay. The assignment of a shift operator shall be
solely at the discretion of the Water Treatment Manager or the Wastewater Treatment
Manager.
Section 2
PAY RANGES FOR CERTAIN HOURLY EMPLOYEES
(A)
The salary of each part-time bus driver shall be reviewed, as provided in
Section 5(A) of this ordinance, for step increase after having met the following combination of
requirements:
Step B, 1-1/2 years of service and 1500 hours of driving experience.
Step C, 3 years of service and 3000 hours of driving experience.
Step D, 4 years of service and 4500 hours of driving experience.
Step E, 5 years of service and 6000 hours of driving experience.
Step F, 6 years of service and 7500 hours of driving experience.
PART-TIME BUS DRIVER
STEPS
2009
2011
A
13.52
13.66
B
13.96
14.10
C
14.32
14.47
5
D
14.72
14.87
E
15.46
15.62
F
16.14
16.31
Section 3
PAY RANGES FOR SEASONAL EMPLOYEES
(A)
There are hereby established the following hourly pay ranges for the seasonal
classifications to be paid weekly:
S-10
S-11
S-12
S-13
S-14
S-15
S-16
S-17
S-18
S-19
S-20
S-21
S-22
S-23
S-24
S-25
S-26
S-27
S-28
A
7.40
7.63
7.84
8.08
8.32
8.58
8.83
9.09
9.38
9.64
9.94
10.25
10.55
10.87
11.20
11.53
11.89
12.25
12.60
B
7.63
7.84
8.08
8.32
8.58
8.83
9.09
9.38
9.64
9.94
10.25
10.55
10.87
11.20
11.53
11.89
12.25
12.60
12.97
C
7.84
8.08
8.32
8.58
8.83
9.09
9.38
9.64
9.94
10.25
10.55
10.87
11.20
11.53
11.89
12.25
12.60
12.97
13.33
(B)
School Crossing Guard shall be paid $8.18 8.27per hour.
(C)
Safety Town Aides shall be paid $7.819 per hour.
(D)
Seasonal Engineering Construction Inspectors shall be paid $21.4971 per hour.
(E)
follows:
The various seasonal classifications shall be placed in the said pay ranges as
CLASS TITLE
*Cashier/Concession Worker I
*Cashier/Concession Worker II
Concession Manager
SALARY RANGE
S-10
S-12
S-15
Recreation Aide
Recreation Assistant
Recreation Leader
Recreation Specialist
S-10
S-23
S-10
S-15
6
Seasonal Golf Supervisor
*Seasonal Golf Apprentice Supervisor
Seasonal Golf Clerk
Seasonal Golf Cart Mechanic
Seasonal Laborer
Seasonal Maintenance Worker I
Seasonal Maintenance Worker II
Seasonal Maintenance Worker III
Softball Supervisor
Starter/Ranger
S-28
S-19
S-16
S-16
S- 18
S-11
S-16
S-19
S-10
S 10
*The regular salary or compensation of the Cashier/Concession Worker I, II and
Seasonal Golf Apprentice Supervisor shall include, in addition to the hourly rate set forth
above, all tips received by such employees.
Section 4
ADMINISTRATION OF CLASSIFICATION AND PAY PLANS
The City Manager is authorized to issue regulations for the administration of the
position classification and pay plans as set forth in the Ordinance.
Section 5
SALARY POLICY
(A)
The salary of each employee shall be reviewed annually by the department
director for the purpose of determining which employee may be entitled to a step increase.
All personnel records, performance, and length of service shall be considered in making
recommendations with major emphasis placed on the evaluation of services rendered. On the
recommendation of the department director, the City Manager (or his designee) may advance
an employee until the maximum step has been reached. Part-time employees are eligible for
salary adjustment under this section.
(B)
The department director shall review the pay of seasonal employees. The
department director may advance such employees to the next step in the appropriate seasonal
pay range after such employee has achieved a minimum of ten (10) consecutive weeks of
seasonal employment with the City. A seasonal employee may be advanced one step annually,
to a maximum of Step C.
(C)
Employees in the position of Senior Co-Op, upon the recommendation of the
department director and the approval of the City Manager or his/her designee, may progress to
Step B after 1600 hours of service and having attained their junior year in college and to Step
C after 2400 hours of service and having attained their senior year in college.
7
(D)
Part-time employees, upon the recommendation of their department director
and the approval of the City Manager or his/her designee, may be entitled to a step increase
upon completing the numbers of hours of service listed herein: B–2080 hours; C-4160 hours;
D-6240 hours; E-8320 hours; F-10,400 hours; and, G-12,480 hours.
(E)
A new employee shall be paid at the minimum step of his/her range. However,
department directors shall have the authority to hire into Step B or C as an inducement to
attain qualified candidates. City Manager approval is required for all job offers above Step C.
(F)
A full-time employee who is reduced to part-time employment shall be
permitted to remain in the last pay step they occupied as a full-time employee as long as such
employee remains in the same job classification or title. All other provisions of this
ordinance, as it affects part-time employees, shall apply to such an employee, and all
definitions of full-time and part-time employment in this ordinance shall be applicable for
purposes of this ordinance.
Section 6
OVERTIME PAY
(A)
An employee working in excess of forty (40) hours in one week, as defined by
the Fair Labor Standards Act, as amended (provided that holidays, funeral leave, and injury
leave for which the employee is paid shall be counted in the forty (40) hours), shall, as
determined by supervision, either be paid time and one-half his regular rate, or receive
compensatory time off on the basis of one and one-half hours off for each hour of overtime
worked. Time off to use earned compensatory time will be granted within sixty (60) days of
the request made by the employee. When compensatory time is used, it shall not count as
hours worked during the applicable work period for purposes of determining overtime. No
employee shall be permitted to accrue more than two-hundred forty (240) hours of unused
compensatory time and any employee who has accrued two-hundred forty (240) hours of
compensatory time shall be paid in cash for all overtime in excess thereof, at the employee’s
regular rate at the time of payment, except that public safety employees may accrue up to four
hundred and eighty (480) hours of compensatory time. Upon termination of employment,
unused compensatory time shall be paid at the employee’s average regular rate for the last
three (3) years of employment or the employee’s final regular rate, whichever is higher. This
provision shall not apply to exempt employees, a list of such job titles which is attached hereto
as Exhibit A.
(B)
Except as otherwise provided in a collective bargaining agreement, all nonexempt employees who are scheduled to work, and do work, on any holiday or day observed
as a holiday, as determined by the City Manager, other than employee’s birthday, shall be paid
an amount equal to one and one-half (1-1/2) times the amount which they receive for any
other regular work day, in addition to their regular holiday pay, or receive compensatory time
off on the basis of one and one-half hours off for each holiday hour worked, at the discretion
of the department director.
8
(C)
All employees who work on a rotating shift at the Water and Wastewater
Treatment Plants and whose seventh consecutive eight hour day falls on any holiday, shall
receive compensation equal to two (2) times their regular hourly rate in addition to their
regular holiday pay.
(D)
Employees who work on a rotating shift at the Water and Wastewater
Treatment Plants shall receive 1-1/2 times the regular rate of pay for the seventh day when
working seven consecutive eight (8) hour days. Those employees who are working the
midnight shift during the change to daylight saving time will work only seven (7) hours;
however, this will still constitute an entire shift for calculation of seven consecutive eight (8)
hour days. Hourly rates to be thus paid shall be determined by dividing the biweekly salary by
eighty (80).
(E)
Any hour for which an employee receives overtime or premium compensation
eliminates that hour from consideration for overtime or premium payment on any other basis.
If the time worked falls under two or more overtime and/or premium pay classifications, the
higher rate shall prevail. This section shall not eliminate shift premium, where applicable
during overtime hours.
Section 7
RECLASSIFICATIONS, PROMOTIONS AND DEMOTIONS
(A)
Reclassifications
(1)
A reclassification is reallocating a position to the appropriate pay range
as is necessary to provide an equitable, just, and proper classification. A
reclassification may be up or down in pay ranges. Any employee may request
a review of the classification of their position. Effective the same date as the
reclassification the employee will receive a 4.7% increase or go to the lowest
step of the new pay range, whichever is greater. A reclassification gives an
employee a new anniversary date. The procedure for requesting a
reclassification and the process for reviewing such requests shall be established
by the City Manager.
(2)
An employee who is reclassified to a lower position shall be placed in a
step closest to, but not lower than, his/her current salary. If the lower
classification’s pay range is lower than the employee’s current salary, the
employee’s salary shall be frozen until the range increases to the employee’s
current salary.
(B)
Temporary Reclassifications
(1)
Except as otherwise provided, when it is necessary for a department
director to fill a higher classification, for any reason, with an employee from a
lower classification, such employee shall be compensated, during the entire
period of continuous temporary assignment at the beginning step of the higher
9
classification, or at a rate of 4.7% greater than the regular step of the employee,
whichever is greater, subject to the following limitations:
(a)
An employee who is officially assigned and who temporarily fills a
higher position at the level of department director must fill such position for a
continuous period of five (5) working days or more to be eligible for
compensation at the higher level of classification, as described above.
(b)
An employee who is officially assigned and who temporarily fills the
higher position of City Manager must fill such position for a continuous period
of ninety (90) calendar days or more to be eligible for compensation at 4.7%
greater than the current step of the employee.
(c)
An employee who is officially assigned and who temporarily fills a
supervisory position as defined in Exhibit B for a continuous period of five (5)
working days, except for training, is eligible for such pay.
(d)
All other non-supervisory employees are eligible for such pay when the
employee is officially assigned and satisfactorily performs the duties of the
higher level position for a continuous period of five (5) working days, except
for training.
(e)
An employee who is temporarily reclassified in accordance with
subsection 7(B)(1)(a), (b) or (c) (hereinafter the reclassified employee) shall
receive the higher rate of pay during any compensable leave taken by the
reclassified employee during the period of the temporary reclassification,
unless such leave exceeds five (5) consecutive work days, or is determined by
the City Manager to be of such a nature to preclude the reclassified employee
from performing the duties of the higher or supervisory position.
(2)
When it is necessary to temporarily fill a higher classification, for any
reason, with a Treatment Plant Lab Analyst, Treatment Plant Lab Assistant,
Treatment Plant Operator, or Treatment Plant Mechanic, and when that
employee is officially assigned by the Water or Wastewater Treatment
Manager and satisfactorily performs the complete duties of the higher level
position for a continuous period of eight (8) hours or more, except for training,
such employee shall be compensated, during the entire period of continuous
temporary reclassification, at the beginning step of the higher classification,
calculated on an hourly basis, or at a rate of 4.7% greater than the regular step
of the employee, whichever is greater, except as otherwise required by law. If
an employee to be temporarily reclassified, as that term is used in Section 7(B)
of current ordinance, is scheduled to receive seventh day pay, as described in
Section 6(D) of current ordinance, as part of his/her regularly scheduled work
week, the City Manager is authorized at his discretion, to approve
compensating such employee at a rate of 9.4% greater than the regular step of
the employee rather than the 4.7% set forth in Section 7(B)(1) of current
ordinance.
10
(C)
Promotions and Demotions
(1)
Employees whose positions are listed in Section 1(B) of the current
ordinance establishing pay ranges shall have wage changes in the event of
promotions or demotions in the following manner:
(a)
A promotion is advancing from one pay range to another as the result of
changing from one job to another with new and increased responsibilities. This
is usually accomplished through Civil Service competitive examinations or by
exceptional appointment. Because promotions indicate a more significant
advancement in duties and responsibilities, a promoted employee will receive
an immediate 4.7 % salary increase or lowest step in the new pay range,
whichever is greater. A promotion gives the employee a new anniversary date.
Promotion is not from reclassification or adjustment of the same position and
not from one step to another within the same range. In the case of promotions
of division managers and department directors, the City Manager shall
determine the rate of pay within the appropriate range.
(b)
When an employee is demoted to a lower class position, he/she shall be
paid at a rate, which is within the approved range for the lower class position.
The rate of pay shall be determined by the City Manager.
(D)
Certifications and Licenses
Employees who are eligible for a 4.7% salary increase as a result of having obtained a
certification or license will receive the increase immediately upon obtaining the certification
or license. This will not affect their anniversary date. Increases in accordance with this
subsection (D) must be recommended by the employee’s department director and approved by
the City Manager or their designee.
Section 8
CALL-OUT, CALL BACK, AND QUICK RETURN PAY
Call-Out
The following full time personnel shall be guaranteed a minimum of 3 hours pay at 11/2 times their regular rate of pay if the employee has been notified to report for work outside
his/her scheduled shift, unless the employee has been notified not to report for such scheduled
shift. However, if the call-out occurs within one (1) hour prior to the start of the employee's
regular shift, the employee will receive two (2) hours of call-out pay at 1-1/2 times their
regular rate of pay.
Building Maintenance Technician
Community Service Officer
Computer Programmer/Analyst
Electronics Maintenance Supervisor
Electronics Technician
Engineering Construction Inspector
11
Facilities Maintenance Supervisor
Garage Superintendent
Information Systems Support Analyst
Information Systems Technician
Lead Bus Driver
Process Control Supervisor
Public Works Leader
Senior Electronics Technician
Treatment Plant Lab Analyst
Treatment Plant Mechanic
Treatment Plant Operator
Call-Back
If an employee is sent home at the beginning of his/her regular shift and is required to
return later that day to work another shift he/she shall be compensated in addition to his/her
regular hourly rate for hours actually worked, three (3) hours at his/her regular hourly rate of
pay.
Quick-Return
An employee who completes his/her regular shift and is required to return to work
another shift within 16 hours of his/her regular shift shall be compensated for 3 hours at
his/her regular calculated hourly rate, with the following limitations:
A Treatment Plant employee who completes his/her regular shift and is required to
return to work another shift within 16 hours of his/her regular shift shall be compensated for 3
hours at his/her regular calculated hourly rate if the employee is not notified of the
requirement to return prior to the end of his/her scheduled shift.
Section 9
LONGEVITY PAY
Longevity shall be paid to full time employees as listed in Section 1(B) of the current
ordinance establishing pay ranges at the following rate:
In December of the calendar year of the attainment of the tenth (10th) anniversary and
each calendar year thereafter through the fourteenth (14th) anniversary of employment, each
salaried employee shall be eligible for 1% of his/her existing base salary as of November 30th
of the year in which they are paid the longevity.
In December of the calendar year of the attainment of the fifteenth (15th) anniversary
and each calendar year thereafter through the nineteenth (19th) anniversary of employment,
each salaried employee shall be eligible for 2% of his/her existing base salary as of November
30th of the year in which they are paid the longevity.
12
In December of the calendar year of the attainment of the twentieth (20th) anniversary
and each calendar year thereafter until retirement or resignation, each salaried employee shall
be eligible for 3% of his/her existing base salary as of November 30th of the year in which
they are paid the longevity.
Payment of Longevity
(A)
Longevity will be paid in a lump sum in December of each year.
(B)
In order to receive longevity payments, an employee must be on the payroll
when such payment is made, except as provided herein.
Death, Retirement or Resignation
In the event of death, retirement or resignation of an employee, longevity pay for that
year will be paid pro-rata to the date of death, retirement, or resignation.
Section 10
SHIFT DIFFERENTIAL
For any shift commencing between the hours of 3:00 P.M. and 4:00 A.M. of the
following day, differential pay shall be as follows:
(A)
per hour.
For any shift starting at 3:00 P.M. or after, but not later than 11:00 P.M., $0.35
(B)
per hour.
For any shift starting at 11:00 P.M. or after, but not later than 4:00 A.M., $0.45
(C)
Treatment Plant operators working a scheduled twelve hour shift shall receive
shift differential as provided in subsection 7(A) if the majority of the scheduled shift is after
3:00 P.M., and as provided in subsection 7(B) if the majority of the scheduled shift is after
11:00 P.M.
Section 11
INSURANCE
(A)
The City shall offer its standard medical, dental, and prescription coverage,
hereinafter collectively (health insurance coverage) to all full-time employees. The specific
terms of the coverage, including deductibles, co-payment, and employee contributions shall be
established by the Health Care Committee, within the budgetary authority established by City
Council. Employees may refer to details of the coverage plan on file in the Finance
Department.
13
(B)
The City shall continue to offer an a eye care or vision plan to the employees
(except those in AFSCME bargaining units) groups presently eligible to receive such plan
in accordance with the terms of such plan on file in the Finance Department, until such time as
determined said plan is considered by the Health Care Committee.
(C)
All employees who retire under the Public Employees Retirement System
because of inability to work due to disability, or having reached the respective pension funds’
retirement age and/or years of service requirements, shall be entitled to current City medical
benefits until: (1) such time as coverage is provided by the respective pension fund, or (2) it is
determined by the City that such coverage is not available to that employee. No duplication of
coverage is permitted. Employees who are not eligible for medical coverage due to the
respective pension system’s requirements, may be entitled to carry such coverage as provided
under Consolidated Omnibus Budget Reconciliation Act of 1986 (COBRA).
(D)
All regular, full-time salaried employees as listed in Section 1(B) of the current
ordinance establishing pay ranges shall receive group life insurance coverage paid by the City.
Employees in Range 200 through Range 188 shall receive $15,000 group life insurance,
Range 187 through Range 184 shall receive $17,500 group life insurance, and Range 183
through 167 shall receive $20,000 group life insurance. The City Manager shall receive
$20,000 group life insurance. Double indemnity premiums shall be paid by the City on all
such coverage. Additional coverage through “Voluntary Life Insurance” may be purchased by
the employees in accordance with the insurance company’s requirements.
(E)
All retired City employees, hired prior to January 1, 2010, shall receive $5,000
life insurance coverage paid by the City. Double indemnity will not be provided on such
coverage.
(F)
All City employees, hired prior to January 1, 2010, who retire under a disability
after May 1, 1995 shall receive $5,000 life insurance coverage paid by the City. Double
indemnity will be provided on such coverage.
Section 12
HOLIDAYS
(A)
The following days shall be paid holidays for all regular full-time employees:
New Year’s Day, Martin Luther King Day, President’s Day, Good Friday, Memorial Day,
Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving, Christmas
Eve, Christmas Day, and employee’s birthday. The employee birthday holiday is to be
scheduled as a day off at the discretion of the department director, and is not subject to
premium pay.
(B)
A part-time employee who has worked a minimum of one thousand and forty
(1040) hours in the previous year shall receive holiday pay for all holidays listed in (A) above
as follows:
14
(1)
If the employee worked one thousand and forty (1040) hours or more,
but less than one thousand, five hundred and sixty (1560) hours, the employee
shall receive four (4) hours of holiday pay for each paid holiday listed in
paragraph (A) of this section, except the employee’s birthday, which shall be
unpaid, if taken; and
(2)
If the employee worked one thousand, five hundred and sixty (1560)
hours or more, the employee shall receive six (6) hours of holiday pay for each
paid holiday listed in paragraph (A) of this section; except for the employee’s
birthday, which shall be unpaid, if taken.
An employee who was full-time in the previous year shall not be eligible for holiday
pay in their first year of part-time employment.
Section 13
AUTHORIZED LEAVES
(A)
Sick Leave
(1)
All full-time employees, including probationary, shall be eligible for
sick leave.
(2)
Each full-time employee shall be credited with 10 hours of sick leave
for each full calendar month of service. Accumulation of sick leave shall be
unlimited.
(3)
The City Manager is hereby authorized to establish a program for the
voluntary transfer of sick leave by employees. Such program and the
requirements thereof, if created, shall be included in the policies and procedure
promulgated by the City Manager.
(4)
The City Manager shall establish policies and procedures for the pay
out of accumulated sick leave to an employee upon the termination of their
employment.
(5)
Sick leave shall be taken in accordance with the Policy and Procedure
Manual as determined by the City Manager.
(B)
Injury Leave
(1)
The maximum paid injury leave for on-the-job injury shall be 120 work
days.
(2)
Injury leave shall be taken in accordance with the Policy and Procedure
Manual as determined by the City Manager.
15
(C) Funeral Leave
In the event of death in the immediate family, an employee shall qualify for funeral
leave with pay up to three consecutive work days for participation in funeral services or
arrangements, except in the event of the death of the employee’s spouse, child, parent or
someone standing in loco parentis, the leave shall be for up to five (5) consecutive work days.
For the purpose of this section, immediate family is defined as the employee’s spouse, child or
stepchild, grandchild, parent, step-parent, grandparent, brother, sister, parents or step-parents
of spouse, and grandparents of spouse. The administration of funeral leave shall be established
by the City Manager.
(D)
Military Leave
(1)
Eligibility: Permanent full-time employees who are members of any
military reserve component are entitled to leave of absence for such time as
they are performing service in the uniformed services, not to exceed thirty-one
days per calendar year. Such a leave will be granted by the department
provided employee provides 30 days notice and provides orders prior to
departure, except in the case of emergency.
(2)
Pay: Military reserve leaves shall be without pay. However, if the
employee’s military pay is less than the regular City pay, the employee may
file a certificate to that effect upon returning and forward it to the Personnel
Division, whereupon the employee will be entitled to the difference, up to a
maximum of 22 days per calendar year.
(3)
Effect of Leave: Military reserve leaves for up to 30 calendar days do
not constitute a break in continuous employment with the City, nor do they
affect the employee’s accrual or eligibility for benefits provided by this
ordinance.
(4)
Compliance with Federal Law: The City will comply with the
Uniformed Services Employment and Reemployment Rights Act (USERRA)
of 1994 (Title 38, USC Chapter 43).
(E)
Personal Day
All full-time employees shall be granted one (1) personal day each year, to be
scheduled with the approval of the department director. Seasonal, co-op, temporary,
emergency and other part-time employees are not eligible for personal day(s). Personal days
are not a holiday and do not count as “hours worked”.
(F)
Leaves of Absence Without Pay
Leaves of absence without pay, which includes disability leaves of absence, as
described and permitted in the Policy and Procedure Manual of the City of Middletown, will
be subject to the following limitations:
16
(1)
The employee’s health insurance will cease after employee’s leave
without pay exceeds ten (10) days. The employee may continue his or her
health insurance coverage at his or her sole expense, except in cases of illness,
injury, or extreme hardship whereby insurance benefits will be continued as
long as the employee continues to pay his or her share of the cost, if any.
(2)
The employee shall not accumulate sick leave or vacation during any
period of leave without pay.
(3)
Longevity pay and uniform allowance shall be paid to an employee on a
leave of absence without pay or an employee who has used a leave of absence
without pay during the year, on a pro-rated basis with no longevity pay or
uniform allowance for the period of leave of absence without pay.
(4)
These limitations do not apply to an employee who is on unpaid
medical leave or unpaid family leave in accordance with the Family and
Medical Leave Act of 1993.
Section 14
VACATION LEAVE
(A)
Eligibility:
Only full-time employees are eligible for vacation. Seasonal, coop, temporary, emergency, and other part-time employees are not eligible, except as otherwise
provided herein.
(B)
All vacation credit is accrued on a monthly basis to the maximum to be used in
the following year of employment except as otherwise provided in paragraph (G) of this
section. Upon termination or retirement, or in the case of leave without pay, vacation shall be
pro-rated on the basis of monthly accrual.
(C)(1) Permanent, full-time employees shall receive vacation credit as follows:
1 - 4 Years
5 - 9 Years
10 Years
11 - 14 Years
15 - 19 Years
20 Years
21 - 24 Years
25 - 29 Years
30 - 34 Years
35 - 39 Years
-
10 days
12 days
13 days
18 days
19 days
20 days
25 days
26 days
27 days
28 days
17
(C)(2) Part-time employees shall receive vacation based on the number of hours
actually worked in the previous year as follows:
Years of
Service
1 - 4
5 - 9
10 years or more
Less than
1040 hours
0
0
0
1040 Hours
1559 Hours
5 days
6 days
6.5 days
1560 Hours
or more
7.5 days
9 days
10 days
For purposes of this section, a day is equivalent to the number of hours the part-time
employee actually worked in the prior year divided by two hundred and sixty (260). The hours
of vacation due to the employee is calculated as follows:
No. of hours worked in previous year ÷ 260 x days of vacation = total hours of vacation leave.
Years of service shall not include prior service as a full-time employee of the City.
Paragraph (B), (F) and (G) of this section do not apply to part-time employees. Part-time
employees are not entitled to any terminal benefits as the result of this subsection. If a parttime employee becomes a full-time employee, they will be given vacation credit at the time of
becoming full-time in the amount greater of that to which they would be eligible under this
paragraph (B)(2) or paragraph (G)(1) of this section. All vacation used in the calendar year in
which the employee becomes full-time will be deducted from the amount granted in the above
sentence.
(D)
The City Manager shall receive vacation credit as follows:
1
5
10
15
20
25
30
- 4 Years
- 9 Years
- 14 Years
- 19 Years
- 24 Years
- 29 Years
- 34 Years
35 Years
-
20 days
22 days
28 days
29 days
30 days
31 days
32 days
33 days
(E)
Assistant City Manager, all department directors, and the Chiefs of the
Divisions of Police and Fire shall receive vacation as follows:
1
5
10
15
20
-
4 Years
9 Years
14 Years
19 Years
24 Years
25 Years
26 - 29 Years
30 - 34 Years
35 Years
-
20 days
22 days
23 days
24 days
25 days
26 days
31 days
32 days
33 days
18
(F)
The City Manager is authorized to grant vacation benefits in excess of those
listed above to unclassified employees either as an inducement to attract qualified candidates
or in recognition of qualified service. However, in no circumstance shall such employee
receive more than 15 days of vacation in any year prior to entitlement under the proper section
of this ordinance. This authority is retroactive to January 1, 1994.
(G)(1) Employees may take vacation during their first calendar year of employment
after they have been employed for ninety (90) days in accordance with the schedule below.
Scheduling of vacation during the first year of employment will be at the discretion of the
supervisor.
Month of Hire:
January
February
March
April
May
June
July
August
September
October
November
December
# Days of Vacation
9
8
7
6
5
4
3
2
1
0
0
0
(G)(2) Persons appointed to the position of City Manager, a department director or the
Chiefs in the Division of Police or Fire, may take vacation during their first calendar
year of employment after they have been employed by the City for ninety (90) days in
accordance with the pro-rated schedule below. This provision is not intended to
reduce any vacation benefit of an employee who is employed by the City in another
capacity at the time of their appointment as City Manager, department director or the
Chiefs of the Division of Police or Fire.
Month of Hire:
January
February
March
April
May
June
July
August
September
October
November
December
# Days of Vacation*
Ninety percent (90%) of base number of days
Eighty percent (80%) of base number of days
Seventy percent (70%) of base number of days
Sixty percent (60%) of base number of days
Fifty percent (50%) of base number of days
Forty percent (40%) of base number of days
Thirty percent (30%) of base number of days
Twenty percent (20%) of base number of days
Ten percent (10%) of base number of days
None
None
None
19
*The base number of days shall be calculated on the employee’s year of service as set
forth in paragraph (C) or (D), whichever is applicable.
(G)(3) On January 1 of the first full calendar year of employment, employees will be
deemed to have accrued their vacation credit in accordance with this ordinance, in full, which
may be scheduled at any time during such first full year of employment in accordance with
department policy. Thereafter, vacation shall be accrued and used as described in paragraph
(F). If an employee terminates their employment with the City prior to using the vacation
provided in this Section 11(G), no terminal pay will be made for such vacation time.
Section 15
ALLOWANCES
(A)
The City will provide a yearly uniform purchasing credit to the following
classifications:
(1)
Building Maintenance Technician
Electronics Maintenance Supervisor
Electronics Technician
Lead Bus Driver
Process Control Supervisor
Public Works Leader
Public Works Superintendent
Senior Electronics Technician
Treatment Plant Lab Analyst
Treatment Plant Mechanic
Treatment Plant Operator
Up to $400.00/year
No allowances will be paid for periods prior to hire, after resignation, retirement, death
or dismissal, and during leave of absence without pay and disability leaves of absence.
(B)
The City agrees to reimburse employees in the following classifications up to
$200.00 per year for the purchase of outer-garments, i.e., heavy winter coats, light-weight
jackets, hooded sweatshirts, coveralls, work gloves and City approved T Shirts. Each
employee shall maintain these items. The City will furnish any uniform patches required to be
worn as part of the official wearing apparel and pay for the cost of any embroidery or
imprint required to be placed on the clothing. This reimbursement cannot be carried over
from year to year, and shall be requested by the employee on or before November 30 of each
year.
Building Maintenance Technician
Electronics Maintenance Supervisor
Electronics Technician
Process Control Supervisor
Public Works Leader
Public Works Superintendent
20
Senior Electronics Technician
Treatment Plant Lab Analyst
Treatment Plant Mechanic
Treatment Plant Operator
(C)
Employees may receive an incentive in accordance with the guidelines of the
City Wellness Program as established by the Health Care Committee in conjunction with
the Health Department.
(D)
The City shall reimburse the cost of OSHA approved safety shoes to a
maximum of $100.00 annually when such shoes are required by the City. Any employee who
is eligible for reimbursement under this subsection (F) (D) and is also eligible for
reimbursement for outer garments under subsection (B) of Section 15, may use the $200.00
reimbursement provided in Section 15(B) to purchase shoes (eligible for reimbursement)
under Section 15(D), or use the $100.00 reimbursement provided in Section 15(D) to purchase
outer garments (eligible for reimbursement under Section 15(B). In no circumstance shall the
total reimbursement to any employee under Sections 15(B) and (D) exceed $300.00.
(E)
If full-time employees in any of the following classifications are required by
the City to wear a uniform, the City shall provide such uniform and any necessary
replacement:
Chief Building Official
Field Inspector
Neighborhood Improvement Advisor
Housing Code Specialists
Section 16
MISCELLANEOUS PAY AND BENEFITS PROVISIONS
(A)
Those provisions, except otherwise provided herein, contained in the current
Collective Bargaining Agreement between the City and the Fraternal Order of Police (FOP)
pertaining to:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
Shift Differential
Holiday Exchange
Sick Leave Accumulation
Funeral Leave
Transfer of Sick Leave
Holidays
Longevity
Uniforms
Payment of Insurance Premiums
Drug Testing
Injury Leave
Heart Attack Leave
21
13.
14.
15.
Vacation
Terminal Benefits
Purchase of Duty Weapons
Shall apply to the Chief of Police and Deputy Chiefs of Police in the Division of
Police, Department of Public Safety.
(B)
Except as provided otherwise herein, those provisions contained in the current
Bargaining Agreement between the City and the International Association of Firefighters
(IAFF) pertaining to:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
Holiday Exchange
Sick Leave Accumulation
Funeral Leave
Holiday
Longevity
Clothing
Insurance
Injury
Vacation
Terminal Benefits
Voting Procedure
Legal Representation
Pool Pass/YMCA Membership Credit
Benefits to be Paid Upon Termination
Hazardous Material
Safeties and Health
Paramedic Certification Pay
Shall apply to the Fire Chief in the Division of Fire, Department of Public Safety.
(C)
The following provisions contained in the current collective bargaining
agreement between the City and the Fraternal Order of Police; Ohio Labor Council
(Dispatchers) shall apply to the Civilian Communications Supervisor unless specifically
excepted otherwise in this ordinance:
1. Holiday. Article 13
2. Sick Leave. Article 17
3. Funeral Leave. Article 16
4. Wages. Shift Differential. Article 22 paragraph 2.
5. Wages. Clothing and Maintenance Allowance. Article 22
6. Drug Testing. Article 25
7. Injury Leave. Article 18
8. Vacation. Article 14
9. Longevity. Article 15
10. Hours of Work and Overtime. Article 23 paragraphs 1, 2(a), and 2(c).
22
(D)(1) The following provisions contained in the current collective bargaining
agreement between the City and the American Federation of State, County and Municipal
Employees (A.F.S.C.M.E.) Ohio Council #8, Local 856, AFL-CIO shall apply to all Public
Works Leaders.
1. Hours of Work, Article 11 paragraphs A(1) and A(2) pertaining to
overtime, breakover point and compensatory time.
2. Article 31 Training and Seminars.
3. Article 13 E, Holiday Pay
(D)(2) The following provision contained in the current collective bargaining
agreement between the City and the American Federation of State, County and Municipal
Employees (A.F.S.C.M.E.) Ohio Council #8, Local 856A, AFL-CIO shall apply to the Lead
Bus Driver:
1. Miscellaneous, Article 31 paragraph E.
(E) The City Manager, Assistant City Manager, Economic Development Director,
Fire Chief, and Police Chief shall be paid the sum of $275.00 per month (City Manager to be
adjusted per contract) as compensation for use of personal cars for business purposes. These
employees shall also be entitled to mileage reimbursement for round trips exceeding one
hundred miles. To be eligible for said payment, said officers must submit proof of liability
insurance in the amounts of $100,000.00/$300,000.00. However, if these City employees
elect to drive a City-owned vehicle for official city business, no such payment will be made.
If the City Manager elects to drive a city owned vehicle, he is permitted to use it for business
and personal use.
(F)
City employees shall be entitled to reimbursement for travel expenses as
permitted in the Policy and Procedure Manual.
(G)
Each regular, full-time and part-time employee who is employed year around
by the City may receive an annual flu immunization.
(H)
Except as otherwise provided in this ordinance employees whose normally
scheduled work days are in excess of eight (8) hours shall not be eligible for: (1) Quick
Return Pay (Section 8); or (2) Shift Differential (Section 10). A day for purposes of Section
12 (Holidays), Section 13 (Authorized Leave, except Funeral Leave and Military Leave), and
Section 14 (Vacation Leave) shall be eight (8) hours. The use of all authorized leaves,
including vacations, holidays and personal days, shall be calculated on an hour-by-hour basis,
except funeral leave which shall be calculated on a work day.
(I)
The City Manager is authorized to implement programs to recognize the
achievement of employees. In addition to expenditures authorized in Section 250.29 of the
Middletown Codified Ordinance, the City Manager may grant recognition leave, not to exceed
twenty four (24) hours, or cash bonuses, not to exceed five hundred dollars ($500) in
accordance with an employee recognition policy established as part of the City’s Policies and
Procedures. Cash bonuses shall be deemed to be compensation to the employee.
23
(J)
Employees are responsible for meals, food and beverages for their own
consumption, except that city Council authorizes the expenditures of City funds for the
following events and situations, which the City Council hereby determines, are for a public
purpose:
(1)
an annual City holiday party for its employees;
(2)
providing treats for the Halloween “trick-or-treat in the City building;
(3)
an annual banquet or reception honoring persons providing
volunteer services to the City;
(4)
an annual ceremony in remembrance of September 11, 2001;
(5)
events in the City building, which are sponsored by the City;
(6)
dedications and ground-breaking ceremonies for public projects or
economic development projects;
(7)
meetings of professional groups and/or agencies sponsored by the City
or an official of the City;
(8)
quarterly employee meetings scheduled by the City Manager;
(9)
employee training meetings;
(10) receptions or ceremonies for incoming and outgoing members of City
Council;
(11) receptions for the retirement of an employee;
(12) meetings either internal or with outside personnel when employees
work through their normal lunch hour, without additional compensation; and
(13) meals, receptions or events that an employee attends as a representative
of the City at the request of the City Manager.
All such expenditures shall be within the constraints of the budget authority, and are
subject to the sole discretion of the City Manager. No public funds shall be expended for the
purchase of alcoholic beverages. Nothing in this paragraph is intended to limit or otherwise
prohibit the reimbursement of travel expenses, including meals, as authorized in Section 16(F)
of this Ordinance.
(K)
The City Manager may at his/her discretion grant an additional one (1)
day off work to all employees who are not covered by a collective bargaining agreement,
in recognition of present and/or past inequities in pay increases between organized and
non-organized employees. The terms and conditions under which the additional day off
work shall be granted are also solely in the City Manager’s discretion, but such terms
and conditions shall be applied in an equitable manner.
24
Section 17
All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed.
Section 18
This ordinance shall take effect and be in force from and after the earliest date
permitted by law.
__________________________________
Mayor
1st reading: November 2, 2010
2nd reading: _______________________
Adopted: _______________________
Effective: ________________________
Attest:
____________________________
Clerk of City Council
25
EXHIBIT A
CLASS TITLES OF EXEMPT EMPLOYEES
Assistant City Engineer
Assistant Finance Director
Assistant Law Director
Assistant Prosecutor
Chief Building Official
Chief of Police
City Manager
Clerk of Council
Community Revitalization Director
Deputy Police Chief
Economic Development Director
Economic Development Program Manager
Finance Director
Fire Chief
Golf Course Director
Golf Course Superintendent
Income Tax Superintendent
Information Systems Manager
Law Director
Medical Director
Planning Director
Prosecutor
Public Works & Utilities Director
Public Works Superintendent
Purchasing Agent
Senior Computer Programmer/Analyst
Senior Engineer
Senior Planner
Utility Billing Supervisor
Wastewater Treatment Manager
Water Treatment Manager
26
EXHIBIT B
SUPERVISORY POSITIONS
Assistant City Engineer
Assistant Finance Director
Assistant Golf Professional
Chief Building Official
Chief Sanitarian
Civilian Communications Supervisor
Clerk of Council
Deputy Police Chief
Electronics Maintenance Supervisor
Facilities Maintenance Supervisor
Garage Superintendent
Golf Course Superintendent
Golf Director
HUD Program Administrator
HUD Field Project Manager
Information Systems Manager
Labor Supervisor
Lead Bus Driver
Police Records Supervisor
Process Control Supervisor
Public Works Leader
Public Service Superintendent
Purchasing Agent
Recreation Administrator
Senior Administrative Assistant
Senior Engineer
Senior Personnel Specialist
Senior Planner
Transit Manager
Utility Billing Supervisor
Wastewater Treatment Manager
Water Treatment Manager
27
LEGISLATION
ITEM 14
RESOLUTION NO. R2010
R2010-36
A RESOLUTION TO MAKE APROPRIATIONS 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. (ANNUAL BUDGET –
2011)
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 various funds of the City to accounts of
the City for the purposes therein described as follows:
FROM:
TO:
Unappropriated
Accounts of 101
Accounts of 111
Accounts of 114
Accounts of 131
Accounts of 132
Accounts of 136
Accounts of 137
Accounts of 142
Accounts of 150
Accounts of 162
Accounts of 163
Accounts of 164
GENERAL FUND (Fund #100)
City Council
Personal Services
All other expenditures
City Manager
Personal Services
All other expenditures
Neighborhood Improvement
Personal Services
All other expenditures
Finance Administration
Personal Services
All other expenditures
Treasury
Personal Services
All other expenditures
Information Systems
Personal Services
All other expenditures
Purchasing
Personal Services
All other expenditures
Personnel
Personal Services
All other expenditures
Law
Personal Services
All other expenditures
Planning
Personal Services
All other expenditures
Community Development
Personal Services
Economic Development
Personal Services
All other expenditures
Subtotal
213,553
$30,585,885
160,713
52,840
228,085
216,643
11,442
278,250
124,482
153,768
219,608
194,933
24,675
198,116
178,943
19,173
657,884
576,687
81,197
60,638
58,763
1,875
370,303
219,202
151,101
564,184
506,952
57,232
407,066
353,870
53,196
392,948
392,948
267,539
216,379
51,160
Accounts of 211
Accounts of 212
Accounts of 213
Accounts of 221
Accounts of 222
Accounts of 224
Accounts of 225
Accounts of 226
Accounts of 228
Accounts of 229
Accounts of 230
Accounts of 260
Accounts of 261
Accounts of 410
Accounts of 411
Accounts of 512
Accounts of 542
Accounts of 590
Accounts of 911
Fire Administration
Personal Services
All other expenditures
Fire Operations
Personal Services
All other expenditures
Fire Training/Prevention
Personal Services
All other expenditures
Police Administration
Personal Services
All other expenditures
Criminal Investigation
Personal Services
All other expenditures
Uniform Patrol
Personal Services
All other expenditures
Police Services
Personal Services
All other expenditures
Police & Fire Dispatch
Personal Services
All other expenditures
Humane Officer
Personal Services
All other expenditures
Jail Management
Personal Services
All other expenditures
School Crossing Guards
Personal Services
Building Inspection
Personal Services
All other expenditures
Building Maintenance
Personal Services
All other expenditures
Community Revitalization Admin
Personal Services
All other expenditures
Community Center
Personal Services
All other expenditures
Engineering
Personal Services
All other expenditures
Parks Maintenance
Personal Services
All other expenditures
Street Lighting
Other expenditures
Non-Departmental
230,725
219,765
10,960
9,207,342
8,225,769
981,573
268,617
261,600
7,017
361,072
267,322
93,750
1,741,779
1,721,779
20,000
7,112,036
6,239,198
872,838
378,273
366,823
11,450
1,148,515
1,081,015
67,500
84,087
56,867
27,220
1,180,519
872,447
308,072
17,000
17,000
246,885
182,545
64,340
405,738
235,078
170,660
187,032
174,532
12,500
270,912
180,012
90,900
765,411
705,029
60,382
793,515
425,122
368,393
750,000
750,000
1,479,253
Accounts of 915
TOTAL
FROM:
TO:
Unappropriated
Accounts of 915
TOTAL
FROM:
TO:
Unappropriated
Accounts of 524
Accounts of 541
Accounts of 543
TOTAL
FROM:
TO:
Unappropriated
Accounts of 990
TOTAL
FROM:
TO:
Unappropriated
Accounts of 990
TOTAL
FROM:
TO:
Unappropriated
Accounts of 990
TOTAL
FROM:
TO:
Unappropriated
Accounts of 031
Accounts of 032
Accounts of 033
Accounts of 034
Accounts of 035
Accounts of 450
Personal Services
All other expenditures
Transfers Out
Other expenditures
GENERAL FUND (Fund #100)
21,000
1,458,253
99,000
99,000
$30,585,885
PUBLIC SAFETY LEVY FUND (Fund #200)
Transfers Out
Other expenditures
PUBLIC SAFETY LEVY FUND
AUTO & GAS TAX FUND (Fund #210)
Electronic Maintenance
Personal Services
All other expenditures
Street Maintenance
Personal Services
All other expenditures
Grounds Maintenance
Personal Services
All other expenditures
AUTO & GAS TAX FUND
$3,151,345
3,151,345
$3,151,345
$3,170,560
619,350
259,017
360,333
1,964,231
833,649
1,130,582
586,979
286,448
300,531
$3,170,560
CONSERVANCY FUND (Fund #215)
Conservancy
Other expenditures
CONSERVANCY FUND
$144,500
144,500
$144,500
CAPITAL IMPROVEMENT FUND (Fund #220)
Capital Improvements
Other expenditures
CAPITAL IMPROVEMENTS FUND
$4,640,000
ACQUISITION FOR PARKS FUND (Fund #225)
Capital Improvements
Other expenditures
ACQUISITION FOR PARKS FUND
$107,000
HEALTH FUND (Fund #228)
Health State Subsidy
Personal Services
Immunization Action Plan (IAP)
Personal Services
Public Health Emergency Preparedness
Personal Services
Child and Family Services Grant
Personal Services
All other expenditures
OIMRI Grant
Personal Services
All other expenditures
Health Administration
$732,961
4,640,000
$4,640,000
107,000
$107,000
9,023
9,023
30,000
30,000
28,854
28,854
82,965
11,615
71,350
150,000
130,717
19,283
432,119
TOTAL
FROM:
TO:
Unappropriated
Accounts of 990
TOTAL
FROM:
TO:
Unappropriated
Accounts of 133
Accounts of 915
TOTAL
FROM:
TO:
Unappropriated
Accounts of 902
Accounts of 990
TOTAL
FROM:
TO:
Unappropriated
Accounts of 990
TOTAL
FROM:
TO:
Unappropriated
Accounts of 990
TOTAL
FROM:
TO:
Unappropriated
Accounts of 990
TOTAL
FROM:
TO:
Unappropriated
Accounts of 990
TOTAL
FROM:
TO:
Unappropriated
Accounts of 990
TOTAL
FROM:
TO:
Unappropriated
Accounts of 990
Personal Services
All other expenditures
HEALTH FUND
363,372
68,747
$732,961
EMS FUND (Fund #229)
EMS
Other expenditures
EMS FUND
$170,900
CITY INCOME FUND (Fund #230)
Taxation
Personal Services
All other expenditures
Transfers Out
Other expenditures
CITY INCOME TAX FUND
HOUSING ASSISTANCE FUND (Fund #232)
Administrative Services
Other expenditures
Housing Assistance
Other expenditures
HOUSING ASSISTANCE FUND
UDAG FUND (Fund #238)
UDAG
Other expenditures
UDAG FUND
170,900
$170,900
$19,663,524
538,426
504,466
33,960
19,125,098
19,125,098
19,663,524
$12,055,723
150,000
150,000
11,905,723
11,905,723
$12,055,723
$50,000
50,000
$50,000
COURT COMPUTERIZATION FUND (Fund #240)
Court Computerization
Other expenditures
COURT COMPUTERIZATION FUND
$125,000
LAW ENFORCEMENT TRUST FUND (Fund #242)
Law Enforcement Trust
Other expenditures
LAW ENFORCEMENT TRUST FUND
$34,000
MANDATORY DRUG FINE FUND (Fund #243)
Mandatory Drug Fine
Other expenditures
MANDATORY DRUG FINE FUND
$79,000
125,000
$125,000
34,000
$34,000
79,000
$79,000
PROBATION SERVICES FUND (Fund #245)
Probation Services
Personal Services
All other expenditures
PROBATION SERVICES FUND
$168,332
TERMINATION PAY FUND (Fund #246)
Termination Pay
$447,000
68,332
100,000
$168,332
TOTAL
FROM:
TO:
Unappropriated
Accounts of 990
TOTAL
FROM:
TO:
Unappropriated
Accounts of 990
TOTAL
FROM:
TO:
Unappropriated
Accounts of 990
TOTAL
FROM:
Unappropriated
Accounts of 120
TOTAL
FROM:
TO:
Unappropriated
Accounts of 989
Accounts of 064
TOTAL
FROM:
TO:
Unappropriated
Accounts of 990
TOTAL
FROM:
TO:
Unappropriated
Accounts of 990
TOTAL
FROM:
TO:
Unappropriated
Accounts of 990
TOTAL
FROM:
TO:
Unappropriated
Accounts of 990
TOTAL
Personal Services
TERMINATION PAY FUND
447,000
$447,000
INDIGENT DRIVER ALCOHOL/TRTMT FUND (Fund #247)
Indigent Driver Alcohol/Treatment
Other expenditures
INDIGENT DRIVER ALCOHOL/TRTMT FUND
$25,000
ENFORCEMENT/EDUCATION FUND (Fund #248)
Enforcement/Education
Personal Services
All other expenditures
ENFORCEMENT/EDUCATION FUND
$14,975
25,000
$25,000
1,975
13,000
$14,975
CIVC DEVELOPOMENT FUND (Fund #249)
Civic Development
Other expenditures
CIVIC DEVELOPMENT FUND
$265,096
265,096
$265,096
MUNICIPAL COURT FUND (Fund #250)
Municipal Court
Personal Services
All other expenditures
MUNICIPAL COURT FUND
POLICE GRANTS FUND (Fund #251)
Local Police Grant
Other expenditures
JAG Byrne Memorial Grant
Other expenditures
POLICE GRANTS FUND
COURT IDIAM FUND (Fund #252)
IDIAM
Other expenditures
COURT IDIAM FUND
COURT SPECIAL PROJECTS FUND (Fund #253)
Court Special Projects
Other expenditures
COURT SPECIAL PROJECTS FUND
HOME PROGRAM FUND (Fund #254)
Home Program
Other expenditures
HOME PROGRAM FUND
POOL FUND (Fund #257)
Sunset Pool
Other expenditures
POOL FUND
$2,009,419
1,423,757
585,662
$2,009,419
$183,126
18,150
18,150
164,976
164,976
$183,126
$10,000
10,000
$10,000
$600,000
600,000
$600,000
$400,000
400,000
$400,000
$17,946
17,946
$17,946
FROM:
TO:
Unappropriated
Accounts of 990
TOTAL
FROM:
TO:
Unappropriated
Accounts of 901
TOTAL
FROM:
TO:
Unappropriated
Accounts of 901
TOTAL
FROM:
TO:
Unappropriated
Accounts of 990
TOTAL
FROM:
TO:
Unappropriated
Accounts of 990
TOTAL
FROM:
TO:
Unappropriated
Accounts of 990
TOTAL
FROM:
TO:
Unappropriated
Accounts of 990
TOTAL
FROM:
TO:
Unappropriated
Accounts of 990
TOTAL
FROM:
TO:
Unappropriated
Accounts of 990
TOTAL
FROM:
TO:
Unappropriated
Accounts of 990
Accounts of 901
TOTAL
NEIGHBORHOOD STABILIZATION FUND (Fund #258)
Neighborhood Stabilization Program
Other expenditures
NEIGHBORHOOD STABILIZATION PROGRAM FUND
GENERAL OBLIGATION BOND RETIREMENT FUND (Fund #305)
General Obligation Bond
Other expenditures
GENERAL OBLIGATION BOND FUND
SPECIAL ASSESSMENT BOND RETIREMENT FUND (Fund #325)
Special Assessment Bond
Other expenditures
SPECIAL ASSESSMENT BOND FUND
EAST END-TOWNE BLVD TAX INCREMENT FUND (Fund #340)
East End-Towne Blvd Tax Increment
Other expenditures
EAST END-TOWNE BLVD TAX INCREMENT FUND
DOWNTOWN TAX INCREMENT FUND (Fund #345)
Downtown Tax Increment
Other expenditures
DOWNTOWN TAX INCREMENT FUND
$1,000,000
1,000,000
$1,000,000
$2,821,314
2,821,314
$2,821,314
$351,752
351,752
$351,752
$257,892
257,892
$257,892
$10,200
10,200
$10,200
AERONCA TAX INCREMENT FUND (Fund #350)
Aeronca Tax Increment
Other expenditures
AERONCA TAX INCREMENT FUND
$48
AIRPORT-RIVERFRONT TAX INCREMENT FUND (Fund #355)
Airport-Riverfront Tax Increment
Other expenditures
AIRPORT-RIVERFRONT TAX INCREMENT FUND
$14
MILLER ROAD NORTH TAX INCREMENT FUND (Fund #360)
Miller Road North Tax Increment
Other expenditures
MILLER ROAD NORTH TAX INCREMENT FUND
$60
48
$48
14
$14
60
$60
TOWNE MALL-HOSPITAL TAX INCREMENT FUND (Fund #370)
Towne Mall-Hospital Tax Increment
Other expenditures
TOWNE MALL-HOSPITAL TAX INCREMENT FUND
$434,611
RENAISSANCE NORTH TAX INCREMENT FUND (Fund #371)
Renaissance North Tax Increment
Other expenditures
Renaissance North TIF Debt
Other expenditures
RENAISSANCE NORTH TAX INCREMENT FUND
$126,598
434,611
$434,611
76,598
50,000
$126,598
FROM:
TO:
Unappropriated
Accounts of 990
Accounts of 901
TOTAL
FROM:
TO:
Unappropriated
Accounts of 990
TOTAL
FROM:
TO:
Unappropriated
Accounts of 931
TOTAL
FROM:
TO:
Unappropriated
Accounts of 990
TOTAL
FROM:
TO:
Unappropriated
Accounts of 990
TOTAL
FROM:
TO:
Unappropriated
Accounts of 990
TOTAL
FROM:
TO:
Unappropriated
Accounts of 990
TOTAL
FROM:
TO:
Unappropriated
Accounts of 990
TOTAL
FROM:
TO:
Unappropriated
Accounts of 990
TOTAL
FROM:
TO:
Unappropriated
Accounts of 990
TOTAL
RENAISSANCE SOUTH TAX INCREMENT FUND (Fund #372)
Renaissance South Tax Increment
Other expenditures
Renaissance South TIF Debt
Other expenditures
RENAISSANCE SOUTH TAX INCREMENT FUND
MANCHESTER ROAD TAX INCREMENT FUND (Fund #372)
Manchester Road Tax Increment
Other expenditures
MANCHESTER ROAD TAX INCREMENT FUND
COMMUNITY DEVELOPMENT ACT FUND (Fund #429)
CD Act 1974 Administrative
Other expenditures
COMMUNITY DEVELOPMENT ACT FUND
DOWNTOWN IMPROVEMENTS FUND (Fund #481)
Downtown Improvements
Other expenditures
DOWNTOWN IMPROVEMENTS FUND
$25,231
19,231
6,000
$25,231
$812
812
$812
$846,400
846,400
$846,400
$2,441,000
2,441,000
$2,441,000
AIRPORT IMPROVEMENT FUND (Fund #492)
Airport Improvements
Other expenditures
AIRPORT IMPROVEMENT FUND
$200,000
WATER CAPITAL RESERVE FUND (Fund #494)
Water Capital Reserve
Other expenditures
WAWER CAPTIAL RESERVE FUND
$1,350,000
STORM WATER CAPITAL RESERVE FUND (Fund #415)
Storm Water Capital Reserve
Other expenditures
STORM WATER CAPITAL RESERVE FUND
$1,250,000
SEWER CAPITAL RESERVE FUND (Fund #495)
Sewer Capital Reserve
Other expenditures
SEWER CAPTIAL RESERVE FUND
$1,200,000
200,000
$200,000
1,350,000
1,350,000
1,250,000
$1,250,000
1,200,000
$1,200,000
COMPUTER REPLACEMENT FUND (Fund #498)
Computer Replacement
Other expenditures
COMPUTER REPLACEMENT FUND
$737,500
PROPERTY DEVELOPMENT FUND (Fund #499)
Property Development
Other expenditures
PROPERTY DEVELOPMENT FUND
$500,000
737,500
$737,500
500,000
$500,000
FROM:
TO:
Unappropriated
Accounts of 560
Accounts of 561
Accounts of 562
Accounts of 901
Accounts of 902
Accounts of 915
TOTAL
FROM:
TO:
Unappropriated
Accounts of 461
Accounts of 902
Accounts of 915
TOTAL
FROM:
TO:
Unappropriated
Accounts of 580
Accounts of 581
Accounts of 582
Accounts of 583
Accounts of 901
Accounts of 902
Accounts of 915
TOTAL
FROM:
TO:
Unappropriated
Accounts of 525
WATER FUND (Fund #510)
Water Administration
Personal Services
All other expenditures
Water Treatment
Personal Services
All other expenditures
Water Maintenance
Personal Services
All other expenditures
Debt Service
Other expenditures
Administrative Support
Other expenditures
Transfers Out
Other expenditures
WATER FUND
STORM WATER FUND (Fund #515)
Storm Water Maintenance
Personal Services
All other expenditures
Administrative Support
All other expenditures
Transfers Out
All other expenditures
STORM WATER FUND
SEWER FUND (Fund #520)
Sewer Administration
Personal Services
All other expenditures
Wastewater Treatment
Personal Services
All other expenditures
Sewer Maintenance
Personal Services
All other expenditures
Public Works & Utilities Admin.
Personal Services
All other expenditures
Debt Service
Other expenditures
Administrative Support
Other expenditures
Transfers Out
Other expenditures
SEWER FUND
AIRPORT FUND (Fund #525)
Airport
Other expenditures
$6,015,697
399,564
260,864
138,700
2,133,003
936,323
1,196,680
1,645,667
966,655
679,012
918,251
918,251
888,373
888,373
30,839
30,839
$6,015,697
$1,575,822
836,856
466,944
369,912
104,030
104,030
634,936
634,936
$1,575,822
$7,886,083
357,762
216,470
141,292
3,244,403
1,320,477
1,923,926
953,778
576,007
377,771
221,667
211,947
9,720
1,074,224
1,074,224
888,373
888,373
1,145,876
1,145,876
$7,886,083
$375,641
249,878
Accounts of 901
TOTAL
FROM:
TO:
Unappropriated
Accounts of 530
TOTAL
FROM:
TO:
Unappropriated
Accounts of 422
Accounts of 423
Accounts of 901
TOTAL
FROM:
TO:
Unappropriated
Accounts of 990
TOTAL
FROM:
TO:
Unappropriated
Accounts of 990
Accounts of 901
Accounts of 902
TOTAL
FROM:
TO:
Unappropriated
Accounts of 550
TOTAL
FROM:
TO:
Unappropriated
Accounts of 990
TOTAL
FROM:
TO:
Unappropriated
Accounts of 990
TOTAL
FROM:
Unappropriated
Debt Service
Other expenditures
AIRPORT FUND
125,763
$375,641
TRANSIT FUND (Fund #530)
Transit
Personal Services
All other expenditures
TRANSIT FUND
GOLF COURSE FUND (Fund #545)
Golf Maintenance
Personal Services
All other expenditures
Golf Clubhouse
Personal Services
Other expenditures
Debt Service
Other expenditures
GOLF COURSE FUND
$1,523,346
656,251
867,095
$1,523,346
$1,583,954
721,440
404,387
317,053
642,610
324,817
317,793
219,904
219,904
$1,583,954
WELLFIELD PROTECTION FUND (Fund #546)
Wellfield Protection
Other expenditures
WELLFIELD PROTECTION FUND
$105,000
SOLID WASTE DISPOSAL FUND (Fund #555)
Solid Waste Disposal
Other expenditures
Debt Service
Other expenditures
Administrative Support
Other expenditures
SOLID WASTE DISPOSAL FUND
$2,948,916
MUNICIPAL GARAGE FUND (Fund #605)
Municipal Garage
Personal Services
Other expenditures
MUNICIPAL GARAGE FUND
$3,345,410
EMPLOYEE BENEFITS FUND (Fund #661)
Employee Benefits
Other expenditures
EMPLOYEE BENEFITS FUND
$5,119,689
POLICE RELIEF & PENSION FUND (Fund #725)
Police Pension
Other expenditures
POLICE RELIEF AND PENSION FUND
$1,157,798
FIRE RELIEF & PENSION FUND (Fund #726)
$1,430,940
105,000
$105,000
2,661,520
267,396
20,000
$2,948,916
557,344
2,788,066
$3,345,410
5,119,689
$5,119,689
1,157,798
$1,157,798
TO:
Accounts of 990
TOTAL
FROM:
TO:
Unappropriated
Accounts of 990
TOTAL
FROM:
TO:
Unappropriated
Accounts of 990
TOTAL
FROM:
TO:
Unappropriated
Accounts of 990
TOTAL
FROM:
TO:
Unappropriated
Accounts of 990
TOTAL
Fire Pension
Other expenditures
FIRE RELIEF & PENSION FUND
1,430,940
$1,430,940
COMMUNITY DEVELOPMENT ESCROW FUND (Fund #736)
Community Development
Other expenditures
COMMUNITY DEVELOPMENT ESCROW FUND
$242,000
2010 SIDEWALK, CURB & GUTTER FUND (Fund #873)
Sidewalk, Curb & Gutter
Other expenditures
2010 SIDEWALK, CURB & GUTTER FUND
$410,000
LEFFERSON ROAD IMPROVEMENTS FUND (Fund #874)
Lefferson Road Improvements
Other expenditures
LEFFERSON ROAD IMPROVEMENTS FUND
$450,000
2011 SIDEWALK, CURB & GUTTER FUND (Fund #875)
Sidewalk, Curb & Gutter
Other expenditures
2011 SIDEWALK, CURB & GUTTER FUND
$250,000
242,000
$242,000
410,000
$410,000
450,000
$450,000
250,000
$250,000
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 be effective at the earliest time permitted by law.
___________________________________
Lawrence P. Mulligan, Jr., Mayor
1st reading: November 2, 2010
2nd reading: ______________
Adopted: ________________
Effective:_________________
Attest: _______________________________
Clerk of the City Council
Legislative items
15 & 16
Share a staff
report
RESOLUTION NO. R2010- 37
A RESOLUTION AUTHORIZING A CONTRACT WITH MID-COMMONS, LLC AND
VENTURE 3 ENTERPRISES, LLC FOR THE PURCHASE OF CERTAIN REAL
PROPERTY LOCATED AT ONE NORTH MAIN STREET AKA THE CINERGY
BUILDING, TWO-FOUR NORTH MAIN STREET AKA THE FIRST FINANCIAL
BUILDING AND TWO SOUTH MAIN STREET AKA THE BANK ONE BUILDING AND
DECLARING AN EMERGENCY .
BE IT RESOLVED, by the City Council of the City of Middletown, Butler/Warren
Counties, Ohio that:
Section 1
The City Manager is hereby authorized to enter into a contract for the purchase
of certain real property, located at 1 North Main Street (Cinergy Building), 2-4 South
Main Street (First Financial Building) and 2 South Main Street (Bank One Building) with
Mid-Commons, LLC and Venture 3 Enterprises, LLC. The contract shall be in a form
satisfactory to the City Manager, and is subject to the approval of the Law Director.
Section 2
For said purposes, the Director of Finance is authorized and directed to expend a
sum not to exceed $300,000.00 from the Downtown Improvement Fund, which said
sum is hereby appropriated to the accounts of 481.990.54400.
Section 3
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: the
need to take ownership of the buildings as quickly and efficiently as possible to assure
their availability for a development project with Cincinnati State College, and shall take
effect and be in force immediately upon its adoption.
_________________________________
Mayor
Adopted:_____________________________
Effective: ____________________________
Attest: ______________________________
Clerk of City Council
STAFF REPORT
For the Business Meeting November 2, 2010
October 29, 2010
TO:
Judy Gilleland, City Manager
FROM:
Mike Robinette, Economic Development Director
Resolution No. R2010-37 and Resolution No. R2010-38
authorizing the purchase and acceptance
of the donation of certain real estate
for purposes of the Cincinnati State Project
PURPOSE
Resolution No. R2010-37 and Resolution No. R2010-38 authorizes the City Manager to enter
into a contract for the purchase and/or acceptance of the donation of real estate related to the
development of the Cincinnati State project.
Resolution No. R2010-37 authorizes the purchase and/or donation of certain real estate from
Venture 3 Enterprises LLC and Midd Commons LLC and appropriates $300,000 from the
Downtown Improvement Fund Code 481.990.54400 (Buildings and other structures).
Resolution No. R2010-38 authorizes the City Manager to enter into a contract for the purchase
and/or acceptance of the donation of certain real estate from Manchester Enterprises Inc. and
appropriates $200,000 from the Downtown Improvement Fund Code 481.990.54400 (Buildings
and other structures).
BACKGROUND and FINDINGS
The Board of Trustees of Cincinnati State has formally indicated their interest in partnering with
the City to establish a branch campus of Cincinnati State in downtown Middletown. This
legislation allows the City to acquire certain real estate needed for the development of this
project.
ALTERNATIVES
Not authorize the purchase of real estate which would put the downtown campus project at risk.
FINANCIAL IMPACT
This legislation authorizes the purchase of certain real estate at a total cost not to exceed
$500,000. These funds will come from the Downtown Improvement Fund which are Grant
funds remaining from the demolition of the former downtown mall.
The will allow for the development of renovation and financing plans for the real estate
identified by Cincinnati State as needed for the development of the downtown campus.
RECOMMENDATION
Staff recommends approval of the legislation
CONFORMITY TO CITY POLICY
The development of a downtown educational campus is supported by the City’s master plan and
the recently developed downtown strategic redevelopment plan.
EMERGENCY/NON EMERGENCY
Staff is requesting that this legislation receive a first reading at the November 2nd meeting and be
passed as an emergency at the November 16th meeting.
DEPARTMENTAL CLEARANCES
Law Department
Finance Department
ATTACHMENTS
Cincinnati State Board of Trustees Resolution
Map of proposed Campus project
10.82
Resolution
Whereas, officials of Cincinnati State Technical and Community College
have been approached by representatives of the City of Middletown about the
feasibility of establishing a branch campus in that city; and
Whereas, representatives of the city of Middletown have offered to provide
buildings for such campus to Cincinnati State Technical and Community College
free and clear of any debt; and
Whereas; the Board of Trustees of Cincinnati State Technical and
Community College believes it is in the best interests of the College and the
residents of the Middletown area to expand educational opportunities, subject to
prudent budgetary consideration and the constraints imposed upon the College by
Senate Bill 6 and the Ohio Board of Regents; and
Whereas, the Board of Trustees of Cincinnati State Technical and
Community College desires to negotiate a long-term agreement with the City of
Middletown to establish a branch campus utilizing property provided by the City
of Middletown;
Now, Therefore Be it Resolved That:
The President of Cincinnati State Technical and Community College is
authorized to negotiate a long-term lease and related agreements necessary or
desirable to carry out the purposes of this resolution , subject to final approval of
the Board of Trustees.
.
October 25, 2010
Bank
One
First
National
CG&E
Building
Senior Center
Manchester Hotel
LEGISLATION
ITEM 16
RESOLUTION NO. R2010- 38
A RESOLUTION AUTHORIZING A CONTRACT WITH MANCHESTER
ENTERPRISES, INC. FOR THE PURCHASE OF CERTAIN REAL PROPERTY
LOCATED AT 1027 MANCHESTER AVENUE AKA THE MANCHESTER INN, 101
MANCHESTER AVENUE AKA THE SONSHINE BUILDING, AND 105 MAIN STREET
AND DECLARING AN EMERGENCY.
BE IT RESOLVED, by the City Council of the City of Middletown, Butler/Warren
Counties, Ohio that:
Section 1
The City Manager is hereby authorized to enter into a contract for the purchase
of certain real property, located at 1027 Manchester Avenue (The Manchester Inn), 101
Manchester Avenue (Sonshine Building), and 105 Main Street (vacant lot). The
contract shall be in a form satisfactory to the City Manager, and is subject to the
approval of the Law Director.
Section 2
For said purposes, the Director of Finance is authorized and directed to expend a
sum not to exceed $200,000.00 from the Downtown Improvement Fund, which said
sum is hereby appropriated to the accounts of 481.990.54400.
Section 3
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: the
need to take ownership of the buildings as quickly and efficiently as possible to assure
their availability for a development project with Cincinnati State College, and shall take
effect and be in force immediately upon its adoption.
_________________________________
Mayor
Adopted:_____________________________
Attest: ______________________________
Clerk of City Council
EXECUTIVE
SESSION