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 7023 ______________________________________________________________________________________ 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. 7024 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. 7025 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. 7026 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. 7027 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. 7028 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