City Council - Regular Meeting

and welcome you to the Middletown, Ohio City Council meeting for Tuesday, July 7th, 2026. Please join me for a moment of meditation followed by the Pledge of Allegiance to the American flag. You will hear three taps of the gavel when it is time to stand. Please join me in a moment of meditation now. Clerk of Council, Mrs. Amy Skank, please call the attendance roll.

Mrs. Carter? Present. Mr. West?

Here.

Mr. Mulligan? Here. Mayor Slamka? Present. Mr. Lally?

Present.

Thank you. First on the agenda this evening is the consent agenda. While the consent agenda is generally for consensus items, do any council members wish to remove anything from the consent agenda this evening and move it to the motion agenda? Seeing none, we will proceed. Mrs. Skank, please present the consent agenda.

For your consideration this evening, we have the approval of the city council minutes of June 16th, 2026, to receive and file the following board and commission minutes of the airport commission of April 20th, 2026, the midpoint library minutes of May the 20th, 2026, to confirm the promotional appointment of Aaron Cox, the position of fire lieutenant in the Department of Public Safety, Division of Fire, To confirm the promotional appointment of Joshua Meisner in the position of Fire Apparatus Operator in the Department of Public Safety, Division of Fire. To confirm the promotional appointment of Bradley Sorrell to position of Public Works Leader in the Department of Public Works and Utilities, Sewer Maintenance Division. to confirm the conditional appointment of Linda Vance to the position of part-time community security officer in the Department of Public Safety, Division of Police, and to receive and file oaths of office for Wilson Caldwell, Robert Cavan, Brock Hensley, Peter Hiley, Grady Page, and Olivia Willits.

Thank you, Mrs. Skink. Is there a motion to approve the consent agenda?

Motion.

Is there a second? Second. It has been properly moved and seconded to accept the consent agenda. We will proceed to vote. Mrs. Skank, please call the roll. Mr. West?

Yes.

Mr. Mulligan?

Yes.

Mayor Slamka? Yes. Mr. Lawley?

Yes.

Mrs. Carter?

Yes.

Yeses have it, and the motion passes. The consent agenda is approved. Next on the agenda this evening is a pinning ceremony. I would like to invite Fire Chief Brian Wright to the podium.

good evening mayor and council as always thank you for the opportunity to come before you and recognize a pinning ceremony of firefighter aaron cox the position of lieutenant within the division of fire lieutenant aaron cox he began his career with city of middletown on june 5th 2018 he was promoted apparatus operator on may 22nd 2024. throughout his career he has consistently demonstrated a strong commitment to professional growth training leadership and development In preparation for this next step, Aaron has successfully completed John Maxwell's leadership course in academy, and he also recently has earned his Ohio Fire Life Safety Inspector certification. He also maintains multiple disciplines in our technical rescue to include things such as our swift water and our ropes. Lieutenant Cox assumes his position following the retirement of Lieutenant Steve Riley, who honorably served the city of Middletown for 34 years. While those are significant shoes to fill, Aaron has demonstrated the character the work ethic, and the dedication to carry forward the legacy of this service. We're excited to watch Lieutenant Cox continue to grow as a leader within our organization and help shape the future of the Division of Fire. So with that, I would like to invite Lieutenant Jim Cox from Westchester, Aaron's father. He's gonna come down this evening and place his new badge upon him. So again, thank you. Congratulations, Lieutenant Aaron Cox, and thank you for your time this evening.

Thank you, Chief, and congratulations, Lieutenant Cox. Next, we have two public hearings on the agenda this evening. First is a public hearing regarding the 2027 tax budget, and Assistant Law Director Jack Hemingway, you have the floor for the swearing in.

Thank you. For anyone who intends to provide testimony, please stand and raise their right hand.

You swear that your testimony will be the truth, the whole truth, nothing but the truth.

Thank you.

Thank you. And for the staff report, Mrs. Zimmerman, to the podium, please, Director of our Finance Department. And please adjust the microphone and speak into it at all times. Please state your full name and address, and, well, please state your full name confirmed that you have been sworn in. Thank you.

I'm Samantha Zimmerman, the finance director, and I have been sworn in. Good evening, Mayor, members of Council. Tonight, I have the 20 2027 tax budget for your review. The city is required by Ohio revised code to annually prepare and submit the tax budget to the county by the 15th. We are required to have a public hearing as part of this process. The purpose of the tax budget is to establish our 2027 estimated resources that may be appropriated and spent in the 2027 budget and demonstrates our need for the 2027 property tax revenue. The tax budget does not set or limit council's ability to adjust, increase, or decrease the permanent budget resolution that will be passed in November of this year. The county budget commission reviews the budget and judges the reasonableness of our tax levies. After the commission's review is done, the resolution accepting the rates is returned to the city for approval by the city council, likely sometime in August. The city currently levies 6.9 mils, 2.75 of which are restricted in use. One mil is allocated for the fire levy. One mil is for capital improvements, 0.6 mils for police and fire pension, and 0.15 mil for the Miami Conservancy. The remaining 4.15 goes to the general fund. We are estimating one mil to generate approximately 870,000 of revenue. Total for all funds is around 6 million. If you have any questions, I'd be happy to answer them.

Does Council have any questions for Ms. Zimmerman at this time? All right. Hearing none, thank you.

Thank you.

Thank you very much. Does anybody have anything to say in support or in denial? Okay. Hearing none, we will continue. This concludes the public comment portion of the public hearing. And is that correct? Thank you. And we will move to deliberation. We encourage you to stay through, though there will be no further public comment and no interruptions. So at this point, counsel can now deliberate. Does counsel have anything to deliberate on right now at this point? Nope. All right. Well, thank you. This concludes the first public hearing. Next, we have a public hearing regarding the Miller Road Street Vacation. Assistant Law Director Jack Hemingway, you have the floor for the swearing in.

Thank you. Again, for anyone who intends to provide testimony, please stand and raise your right hand.

You swear that your testimony will be the truth, the whole truth, and the thing about the truth.

Thank you.

Thank you. At this time, I would like to call Ms. Fedders-Binninger, our city planner, from the Community and Economic Development Department to the podium. Please state your full name and confirm you have been sworn in.

Thank you. My name is Claire Fedders-Binninger, and yes, I have been sworn in. So getting right into it, this request is submitted by property owners Tim and Megan Schmalley and Beecher Rogers Jr. This request Applicant does request the city of Middletown vacate the right-of-way known as Miller Road from the approximate starting point of the southeastern corner of the parcel to the northwest of this to where Miller Road dead ends into the southern parcel at the bottom of the screen, which is approximately 1,400 feet of right-of-way. This street vacation petition does require approval of City Council following planning Commission's recommendation of the application per chapter 12 2601 of the Middletown development code as well as Ohio revised code so the applicant does request that the city of Middletown vacate approximately 30 feet of right-of-way known as Miller Road as depicted by the red line by the applicant an explanation of the requested right-of-way vacation was not received with the application the application identified three property owners comprised of a total of four parcels as applicants two of which are Megan and Tim Smalley. One was the Middletown City School District Board of Education, and the last was Beecher Rogers Jr. However, after requesting clarification as to the validity of the signature on behalf of the Middletown City School District Board of Education for the identified parcel found in the application, the applicant stated in the letter back, an overly eager neighbor signed the petition in the wrong spot. Thus, the signature next to this parcel, The city school district owned parcel appears to not have been made by an authorized representative, the Middletown City School District Board of Education. Additionally, the property owner of the parcel to the south is not identified and did not sign the petition. As such, there is no written consent from all abutting property owners under section 7-2306 of the Ohio Revised Code and public notice is required. So it was public notice for six weeks, once a week, up until today. So getting into staff analysis and the review of the applications submitted as compared to the city's adopted plans and regulations, staff does find the following. Planning Commission did have the authority to review this application prior to city council. Getting into our lot design standards, so chapter 1222 of our subdivision regulations, the proposed street vacation would create a loss in right-of-way and access and frontage for the parcel identified on the screen and a loss of right-of-way access in frontage on Miller Road for the same parcel. The parcel identified on the screen would retain right-of-way on Brill Boulevard, but there is not an existing access to the parcel from Brill Boulevard. The city of Middletown has been threatened with a Fifth Amendment-taking claim, and the city's law director has noted that the city would likely be liable if the street vacation petition is approved. Getting into our plan compliance, so chapter 1202 of the Middletown Development Code, the administration enforcement of the code should be consistent with the City of Middletown Street Master Plan. Looking at the City of Middletown Street Master Plan, Miller Road is identified to be a future collector street connected to the north end of Marshall Road The collector street will require 61 feet to 76 feet of right-of-way, featuring a 36-foot-wide street, estimated to cost $4 million, and is anticipated to be completed in a 5- to 10-year time frame. On the screen, you can see existing Miller Road is here, and it is proposed to connect where North Marshall ends right there. Next, looking at destination Middletown, the city's comprehensive plan. While the city's comprehensive plan does not directly identify the extension of Miller Road to North Marshall Road as a potential future roadway improvement within the transportation infrastructure chapter, the vacation of Miller Road would directly impact the larger parcels site readiness for residential development. The subject area and the surrounding parcels are located within the city's single family future land use designation. The 86 acre parcel to the south of Miller Road is undeveloped and would be directly impacted by a loss of right of way access and become less marketable, thus obstructing the goals of the city for the single family dwelling development. For public noticing, two formal letters of opposition have been received to date. Both were included in your staff reports. As for other department comments, Public Works has stated there is no desire to vacate Miller Road The city's street master plan adopted in 2011 identifies Miller Road to connect to Marshall Road. Approval of the right-of-way vacation petition would go against the plan. And the Community and Economic Development Department has stated approval of the street vacation petition regresses site development and readiness. As for staff recommendation, based on the information provided in the applicant's submission, staff recommends denial of the application for the following reasons. The petition is procedurally deficient, as it represents that all abutting property owners consent to the street vacation petition, but contains an invalid signature for the identified parcel in violation of the Ohio Revised Code and because of that lack of signature for the owner to the south. The applicant did not provide an explanation as to why the street vacation is warranted. The vacation petition creates two non-conforming parcels, according to Chapter 1224 of the Middletown Development Code. While this chapter of the code may contemplate how to address pre-existing non-conformities, it does not authorize the creation of new non-conforming conditions. The city could be held liable for a Fifth Amendment's taking claim if the request for the street vacation is approved. Chapter 1206A of the Middletown Development Code requires that administration enforcement of the code be consistent with the City of Middletown Street Master Plan. The adopted Street Master Plan calls for miller road to be extended to the south approval of the petition would be in direct conflict with adopted policy and lastly vacation of miller road would obstruct future residential development of the r1 zone parcel to the south where current right-of-way and dead ends therefore the street vacation petition is in direct conflict with the city's adopted plans regulations policies including destination middletown the middletown development code and middletown street master plan for planning commission's recommendation the planning commission has recommended denial of the street vacation petition following after review of the application supporting materials submitted and hearing testimony from the applicant in the public planning commission did vote six to zero to deny the request for the city to vacate approximately 1400 feet of right-of-way known as miller road the review criteria is on your screen and that will conclude my staff report

Thank you. Does Council have any questions for Ms. Fedders-Binninger at this time? All right, thank you. Next, I'd like to call the applicants to the podium. Please adjust the microphone and be sure to speak into it at all times. Before we begin, please state your full names, addresses, and confirm you have been sworn in, please.

Tim Schmally, 4717 Miller Road. Yes, I've been sworn in.

Megan Schmally, 4717 Miller Road. I've been sworn in. Thank you. Please proceed.

Well, we... this vacation petition forward because we have been requested by postal service to move our mailbox we have been told by rumpke that they will no longer pick up our trash at the bottom of our driveway but we have to haul it all the way down the bottom of miller road where we've requested the vacation stop we have plowed the snow we have added gravel that we've done anything to maintain our own access to our own house um we've never been plowed not once i've been here 16 years it's always been me plowing that what is apparently a road which is in the shape of a driveway rumpke commented to me that miller road is too narrow it is in such disrepair that we cannot drive our trucks up there during the planning commission meeting it was stated that the farmer uses Miller Road for access. That is untrue. The farmer drives through Miller Ridge Elementary's field. He does not go up Miller Road, does not access the southern parcel that way. There's also access off Tipperary. Tipperary dead ends into that parcel. So there's other access to that parcel. So we're just, we're trying to figure out if we're ever gonna get touched by the city of Middletown if it's a road. And if we're not going to ever have any sort of maintenance or any snow removal, and we've already had to move our mailbox, we're already having to drag our trash can a quarter mile down the drive. What are we going to do? So that's why we've requested it be vacated, so that way it is our driveway and all our maintenance is for us.

Speaking on the terms of safety, We were requested by the city of Middletown to take down a sign that explicitly says it's no outlet, no turnaround. We had that sign made in 2016. There was a code ordinance that went up in 2018 that said we could not have that sign, but we were never, um, we were never notified that that sign was out of compliance until about six months ago. Now for the safety of our children and the safety of our neighborhoods, we have people driving up to the vacant part of the land. They're driving up. We've already had to remove the buildings that were existing up there. My mom's childhood home, we had to take down because of vandalism, drug use, prostitution, any number of police complaints. In March, we had a drug addict get stuck behind our barn and we had five police cars in our driveway at 5 a.m. because our sign had to be taken down. Now, planning commission had said that we needed to go through them. So I did. They said, we'll call you back in two days. We don't have any additional signs that indicate that it is a dead end. that there's no turnaround, there's no way for people to exit. I made that call, they said I would hear back. The last time I have, I have a photo of it being plowed in 1994. That was the last time I think that Miller Road had been touched by a city maintenance worker. Before then it was my grandfather and now it is Tim. So for safety, for the neighbors around us, creating not a space for people to just come up and hang out and do illegal things, keeping it safe around the school. There's enough going on around the school that there's enough traffic, and we don't want any more up that area. And it looks like a prime place to go get in trouble.

Well, thank you very much. Does Council have any questions for the applicants at this time? All right, thank you very much.

Thank you.

At this time, is there anybody who would like to speak in support of this petition? Is there anybody who would like to speak in opposition? Or did you raise your hand? If you'd like to come to speak in support, you can just come to the podium. We cannot hear you for the recording. And we can swear you in when you come to the podium. When you come to the podium, please do adjust the microphone, and our assistant law director, Jack Hemingway, will swear you in.

Okay. Can you hear me now?

Yes, you can.

Okay. Hello, ma'am. Please raise your right hand. Do you swear that your testimony will be the truth, the whole truth, and nothing but the truth? Yes. Thank you.

Please state your full name and address.

Rebecca L. Pike. I live at 4643 Miller Road. And I have lived on Miller not as long as this young lady's mother, but I've lived up there 40-some years. And I lived there when it was just a country road. And her driveway, as she speaks of it, was how it was then. And we didn't have much maintenance back then. And I talked about that in the planning, in the zoning meeting. But I want to say that I support them because I'm afraid. of what they're talking about because I've seen it. And I'm worried about the school. We just talked to a neighbor down the road who has on video coyotes on his yard at the corner of Miller Road and Brill Boulevard. So we've got coyotes up in that area and it has to do not so much with her driveway but just because there's open land there and their open land is getting squeezed. So the deer are coming into the neighborhoods, the coyotes, but in regard to the safety that she's talking about, it's happened. It happened when the subdivisions on either side of me weren't there and you had the same problems, but we didn't see it from where my house was. But I know that there's cars that come up to the school and there's stuff going on that's illegal up in that school parking lot. And there's cars up there at all times of the day or night. I don't know how many cameras they've got going up there now. but there's people going up and trying to dump stuff. I've seen people with vehicles with brush in the back of their vehicle looking to dump it. And I think they have every right to say we need to be protected or looked at and respected because they've been ignored. And I'm sure you could look in the police reports and see what's happened up there. So if Middletown's not gonna maintain that road, and they're trying to take care of it, how can the city say, oh yeah, it's a road? It's their property, it's not a road. It's not a road for Middletown, because it hasn't been treated that way. Thank you.

Is there anyone else who would like to speak in support? In support, no, okay. Is there anyone else, or is there anyone who'd like to speak in opposition? Opposition? Please come to the podium. Please do, yeah, are you going to be sworn in now? Yes.

Please raise your right hand. Do you swear that your testimony will be the truth, the whole truth and nothing but the truth? I do, thank you.

Okay, please adjust the microphone and speak directly into it. Please state your full name and address.

Patrick O'Neill. I am the attorney for the landowners at parcel number Q651107200009, owned by Amy Ernst, approximately 80 acres. The only ingress or egress to my client's property is Miller Road. Now, there are stubs in some subdivisions to the north that perhaps one day there would be an ability to access ingress and egress. But right now, the only way that my client's gonna access their property is Miller Road. And any attempt or any vacation of that roadway would preclude them from accessing their property. And so I just wanted to kind of reiterate that my clients agree with the law department. They agree with the unanimous decision recommendation from the Planning Commission that this body deny the petition to vacate because and I saw up there that you know that there was a somebody was threatening to sue the city nobody's right nobody's threatening to sue the city right now because we have ingress and egress the fact of the matter is and your law director will tell you the same thing or has told you the same thing, that if you take that ingress and egress away from my clients, that's a taking that they would be entitled to compensation for. And that's 80 acres. My clients don't want to go that route. They just want to keep the access and the ingress and egress that they currently have. So I would, again, recommend that...

that this body follow the recommendations of its law committee and planning commission.

So I'm here to answer any questions anybody might have.

Council have any questions at this time? Hearing none, thank you very much.

Thank you. Appreciate your time.

Is there anyone else who would like to speak in opposition? Please raise your hand so I can see you. Okay, seeing none, that concludes opposition talk. Is there anything else that the applicants would like to say one last time? You are welcome to come back to the podium if you wish. If not, we will continue. Okay.

Would you like us to come down?

If you're going to speak, yes, please come down to the podium.

But we speak of access. I would invite any member of this council to access parcel ending in 009 on Miller Road. There already is no access. There's nothing. It's grown over. It's full of trees, full of brush. The road hasn't been touched. It's mowed. There already isn't access there. So that's where we're at. The farmer doesn't access it from Miller Road. Nobody accesses it, that parcel, from Miller Road. They go through the school parcel, where there's actually opening, where the school has been maintaining it. So there's already no access there.

And in the last, when we met last summer, with the zoning change that was unanimously denied for Todd Holmes, It was stated that Tipperary would be one of the main access points for that subdivision when Todd Holmes did present that last year. So Tipperary is irrelevant, especially since Todd Holmes now has Holmes right butting up against the back of that 86 acres. There is access from Tipperary. Thank you.

Thank you. This concludes the public portion of the public hearing, and we will move to deliberation. We encourage you to stay, though there will be no further public comment and no interruptions. At this time, council will now deliberate. Is there anything that anybody would like to say at this point?

Um, well, first of all, thank you guys for coming. I, I understand your safety concerns and I think you have very valid safety concerns. And I think those safety concerns, regardless of what is decided need to be addressed. So what I would like to suggest to the city manager. the public works director, the public safety chiefs, community and economic development, planning, zoning, and all that. We need to come together and see what we can do to address the safety concerns. I think those things can be addressed and figured out regardless of what the situation here is with the vacating of the road. So hopefully, city manager Combs, we can do that, whether, you know, I get the whole sign issue, but if there's a variance that can be given, and if that will take care of some of the safety concerns, and then whatever else Chief Nelson, Chief Wright, and public works can figure out, because obviously we have to have access for public safety to those areas. So that's separately of what's ultimately decided. I think we can address the safety concerns because your safety concerns are taken seriously and understood.

Thank you, Mr. Lally. Any other comments from council?

Yeah, I'd like to second what Mr. Lally just said. I mean, I think, you know, safety concerns can be addressed. I don't think anybody should have to live in fear. And also a variance given to some signage. I think we should look into that. But, you know, the other concern I have is, you know, if Roemke won't go up the driveway, can we get a fire truck up Miller Road towards our house? So, I mean, you know, I mean, we've looked at those scenarios quite a bit. So, you know, I totally get that that portion of Miller Road hasn't been maintained as some of the other city streets. But, you know, the plowing of the snow and I can feel, obviously, some empathy towards, you know, you kind of feel like it's yours since you've been plowing snow and things like that with the safety concerns. But I think a lot of those can be addressed regardless of what's decided. But I would, you know, I totally sympathize with your standpoint on this.

Thank you, Mr. West. Any other questions at this time? Mr. Mulligan?

Just to add a comment, I agree with what's been said. The school district should be involved, too, perhaps with some additional fencing to make sure that after hours the Miller School parking lot is not accessible to anybody that wants to do any dumping or any kind of inappropriate activity. comments about you know the road and the vacation request itself there are some procedural issues with it but just from from the city standpoint I feel like if it is a city street then we need to maintain it as such and you know we can't just look the other way when we have infrastructure that's deteriorating and I think that does invite Certain opinions to be formed and customs and practices to go into effect that otherwise wouldn't So if if we could get some estimates if it's not too much trouble just estimates on bringing up to at least a serviceable Street You know that may satisfy the parties, too Thank you

Excellent. Thank you, Mr. Mulligan. Anything else at this time? Thank you. I agree with everything that Council has said. So I think at this point we can continue. Council will now take a straw vote at this time. A straw vote is not for taking any action at this time, but it's just to assess Council's consensus on this matter. Assistant Law Director Jack Hemingway, please continue.

Thank you. We'll do a straw poll regarding whether to approve the Miller Road street vacation. As members of council, do you support the Miller Road Street vacation? Mr. Mulligan?

Well, is it a yes or a no? Do I get to comment?

Do you support the vacation of Miller Road?

Not in its present form, no. Thank you. Mr. West? Not in its present form.

Mayor Slamka?

No, for the reasons that staff has given already.

Vice Mayor Carter? No. Mr. Lawley? No. Thank you.

All right, thank you. This concludes the second public hearing. The next item on the agenda this evening is citizen comments, a professional presentation free of foul language as expected. Speakers are encouraged to prepare remarks and advance to stay within the set time limit. Citizen comments is not the time for debate, question and answer, or any back and forth conversation with council or staff. This is a time for you, our residents, to be able to present in front of council on record, uninterrupted, and have the floor. Please note, after the meeting, your comment cards will be given to the city manager and she will assign a member of staff to reply to you as appropriate. We have received one, two. i've received two okay i do not have a second one may have it yeah thank you two more okay thank you all right so we have received three public comment cards i will prompt each speaker for their next steps when they reach the podium i would like to first call hope craft to the podium and you may stand or sit according to your preference. Please adjust the microphone and speak directly into the microphone at all times. Before we begin, please state your full name and Middletown residence for the record. If you have been, and that's fine, I think you are a resident here, you will then have three and a half minutes of uninterrupted speech. Please commence.

Hi, I'm Hope Craft. I live at 3017 Titus Avenue. My partner and I were actually here around this time last year for the same issue. So I'm here as a concerned homeowner asking for your help and your resources. We've pretty much exhausted all of our other options and everyone has pretty much directed me to this council. So across the street from my home is 3008 Titus Avenue, commonly referred to as Emery's Bar or J-Rock's Bar. This bar has been a problem site basically since its opening in 1999. Just two weeks ago, the bar had another shooting, the third shooting since we bought the home less than two years ago. Our guests actually had to duck for cover inside of our home as they were shooting in the direction of our home, just like my partner and I have had to do twice now. In addition to the shootings, the bar patrons create issues pretty much weekly, every Friday and Saturday night. They pack the vacant lot adjacent to our yard where they sit for hours, scream, smoke, drink, drive through our yard and fight mostly. Middletown police has had to respond probably at least once per weekend night, so once every Friday and Saturday night for the last several months now. Oftentimes they're called multiple times a night for violent fights. Unfortunately, maybe after the June shooting, the owners claim that they are shutting down the bar and this might sound like a victory. However, this is actually where we are really asking for your help. The site is in a residential area, but because it was built before the 2018 zoning resolution, it is grandfathered in as a sports bar and it is allowed to remain only as a sports bar unless it's unless it becomes a residential, even if sold. So the property has changed ownership numerous times, always remaining a bar, always with the promise that the violence will improve under new oversight. This has obviously not been the case. We had a meeting with the police department. Oh, sorry. We had spoken with the zoning department who claimed they weren't able to do anything, and then they directed us to the police department. In that meeting, they shared with us that they have done everything that they can to get that bar shut down. They've reported them to the state liquor board numerous times, but the bar just has to pay a fine. They even denied, the police chief denied one of the new bar owner's liquor licenses due to criminal history, but the city manager overruled them. So they referred us to this council, stating that you and the rest of city admin are the people that can hopefully help us. We implore you to look into the property and potentially change the zoning. It's in the middle of a neighborhood, a bar just doesn't belong there. Children live in basically every home surrounding that property. The zoning department can't help, the police department can't help, the state liquor board can't help, but hopefully this council and the administration can hopefully help us. um help us in this continuous cycle of negligent bar owners we're not sure what they necessarily plan to do moving forward we're assuming that they're going to sell it which is why we're here so we're asking that you know it's on your radar and that you do everything you can to step in now and prevent their ability to continue operating as a bar before the property is handed off to another owner that's going to endanger our community thank you thank you miss craft

Next, I would like to invite Donna Ballinger to the podium, please. Ms. Ballinger, you may stand or sit according to your preference. Please adjust the microphone and speak directly into the microphone at all times. And before we begin, please state your full name and Middletown residence for the record. If you have, let's see here, you will then have three and a half minutes of uninterrupted speech. Please begin.

My name is Donna Ballinger. I've lived in Middletown all my life near the steel mill.

Would you please go ahead and confirm your address?

3014 Ottawa Street, Middletown. Thank you. On a daily basis, I experience noise, odors, my house shaking, fallout all over my property. Pollution is from Cleveland Cliffs and Sun Coke. They harm my health and my family. I urge Middletown City Council to oppose Cleveland Cliffs' proposal to extend the life of the blast furnace, number three. relining and instead urged Cleveland Cliffs to revive its plans to modernize the facility with the DRI technology. This is about the health of people in Middletown, jobs, and our future. Our steel companies are converting to new technology. If Cleveland Cliffs doesn't, Middletown loses out. Cliffs had the better plan converting to the DRI. Cliffs themselves said in 2024 that this is preferred route for steel mills worldwide. Using the DRI, Cliffs will save over $450 million annually. It will increase the number of jobs and generate 1,200 jobs for during the constructions. Cliffs has invested in the initial planning for this project and should recommit to DRI. Please recognize the adverse impacts of pollution and press Cleveland Cliffs to follow up with their plans to replace the blast furnace with the DRI system for our future, our families, our health, and our local economy. Also, if I may, Middletown Council could also maybe establish limits for the noise That's 24-7. Address the railroad crossings that are stuck. So when you're on my side of the tracks, if the train's stuck, which it is every day, I've taken pictures of ambulances being on the other side. That's the only way in, into my facilities or into all of our roads. So no one can get through to help no one. that they're doing it every day. And they're stopped for hours sometimes. I've been there, stuck four, five, six hours. There is no other way around. You have to come through there. And I've got the number to the train police. I do call. Eventually they do move so we can get back in there. And now that the one side of Oxford State Road is closed, it is harder for anybody to get in and out of there at all. And then maybe, possibly, if someone could address the potholes in Middletown and the roads. Thank you.

Thank you, Ms. Ballinger. Next, I would like to call Marilyn Wall to the podium. You may stand or sit according to your preference. Please adjust the microphone and speak directly into the microphone at all times. Before we begin, please state your full name and Middletown residence for the record. You will then have three and a half minutes of uninterrupted speech. Please commence.

Thank you, my name's Marilyn Wall. I'm actually not a resident of Middletown, although I frequently come to Middletown.

Oh, just a moment, please.

If it violates your guidelines, I will sit down.

Yes, thank you.

But I would really appreciate if you would pay attention to the issues that I just raised.

Yes, just because you're not a resident, we do have a, but what you can do is email us, the clerk of council, and she can dispense it to all of us. Thank you. Okay, all right. That concludes our public comment. Next on our agenda this evening is council comments. And we will begin to my left with Council Member Lally, followed by Vice Mayor Carter, and then to my right with Council Member West, followed by Council Member Mulligan. I will speak last. Mr. Lally?

Thank you, Mayor. First of all, I want to say congratulations to Lieutenant Cox for his promotion within the Division of Fire, and hopefully he will have a long and successful career as an officer with the Fire Department. Secondly, I'd like to say for those who came out to the July 3rd festivities at Smith Park, it was an awesome show. The fireworks were incredible. The whole afternoon and evening was very nice. Fortunately, we got a little bit of a crowd cover, so I think the temperature dropped about 10 to 15 degrees, so it was actually kind of pleasant down at Smith Park. the fireworks were fantastic so special shout out to nicole clark and public works for putting this together again she did an absolute fantastic job and everybody in public works community economic development police and fire and i don't want to miss anyone else in the city who who worked hard to make that event a success thank you very much that's all i have there thank you mr lully vice mayor carter

Good evening, Middletown, and I too would like to congratulate Lieutenant Cox and wish him well. I also noticed that we are hiring a number of people for our city, and I'm hoping that these new eyes will come in here and take it as a chance to make a difference and not see it as just a job and return to where you live and not give Middletown really a thought because you don't live here. Most of the people that are hired do not live in this city. And so I'm hoping when they go home and talk to their wife and their children, they say, today I made a difference. Thank you, Mayor.

Thank you, Vice Mayor. Mr. West.

Good evening. Thank you, Mayor. Good evening, everyone. I'd just like to second Mr. Lawley's thoughts on the city staff and public safety. July 3rd was a great event, went off without a hitch. And secondly, I'd like to make a comment about JROX. You know, I think maybe at one point in time, There were a lot of neighborhood pubs. I know other cities have them. I grew up down on the west side of Cincinnati. It was pretty common. And I think culturally, there's been a big shift where it's no longer an episode of Cheers, and it's turned into neighborhood nuisances. So I do remember last year having conversations about this. And it is difficult to get those places shut down. But if that place is sold, I think we need to take a hard look. My hope is that it's sold, that it will sell, and then we take a hard look at it because this has been an ongoing issue for many, many years, long before I sat up here. So thank you.

Thank you, Mr. West. Mr. Mulligan.

Thank you, Mayor. Just adding on to that, thank you, Ms. Kraft, for coming to speak to council about the... uh issues in in in your neighborhood that is um again the one of the basic roles of city council and city government is to provide that that safe environment for for people to have their homes and and enjoy their families so whatever staff needs from council as far as legislation or revised ordinances to make it easier to deal with problem, uh, property owners and, and bar owners. Um, I'm happy to look at that. Um, but, but yeah, there's no reason why that should go on for months and years, uh, at a problem facility. Uh, congratulations to Lieutenant Cox. I had my, um, Thanks to him for his loyal service to the city of Middletown. Look forward to many more years of service from him. Offer my thanks to many city employees, volunteers, financial supporters, community members who helped make Middletown's celebration of the country's 250th birthday a great success. It really has been a A summer of some terrific activities in the area. Great turnout on Saturday for the July 4th parade. We celebrated Bronnie Strausberger, Mike Props, and Verlina Stewart, three community heroes as honorary grand marshals. Earlier in June, on Juneteenth, the community came together to celebrate Juneteenth with a parade and celebration at Douglas Park. The Historical Society of Middletown had a reenactment of the Armco band, 100-year anniversary of the band's performance in Sunset Park. So that was a great reminder of the influence and the impact that Armco Steel, now Cleveland Cliffs, has on our community. The following weekend was the annual festival at John XXIII's school, and so many volunteers came together to make that a success. And again, these aren't just fundraisers and events, but they are a way for us to come together and build community and celebrate Middletown. And of course, the upcoming celebration is the Ohio Challenge next weekend, July 17th and 18th at Smith Park. Again, one of our marquee events, the Balloon Challenge, and look forward to seeing everyone celebrate again there. Thank you, Mayor.

Thank you, Mr. Mulligan. Before I talk about some of the upcoming events that we're having in Middletown, I did want to also speak to, thanks for Ms. Craft's testimony here tonight, her talk, and then also to Ms. Ballinger. Just wanted to remind everybody that there is the, Public hearing for the petition for Cleveland Cliffs this Thursday here in these chambers as well at 6 PM. So if anybody does want to say anything there in support or opposition, it's they're also able to do that this Thursday night at 6 PM. So if you're looking for something to do Wednesdays through Sundays, please remember to check the calendar at New Ales Brewing Company. From bingo to trivia nights, painting classes to puzzle competitions and so much more, there's always something fun to do at New Ales. For more information, please visit newalesbrewing.com. Come out and join DMI in their belated first Friday 250th USA celebration this Friday. July 10th from 5 p.m. to 8 p.m. Enjoy patriotic themed drinks throughout the Dora and specials at the businesses downtown. For more information, please visit downtownmiddletown.org. After the 250th celebration with DMI, walk right over to the Sorg Opera House, located at 63 South Main Street at 8 p.m. for Signs of Life, the American Pink Floyd. They deliver a true Pink Floyd concert with striking accuracy. For more information, please visit sorgoperahouse.org. This Sunday, July 12th, enjoy brunch downtown from 11 a.m. to 2 p.m. at Gravel Road Brewing Company, located at 910 First Avenue, with the brewery open until 6 p.m. Brunch will consist of homemade quiche or frittata, breakfast sandwiches on brioche bread, fresh fruit, biscuits, and sausage gravy. Gluten-free options are available, along with mimosas, beer, beermosas, or sighted sours and wine and more. Come for brunch and stay as long as you like. There are also lots of games to play and non-alcoholic options as well. Also, they will feature the locally roasted coffee from The Darker Bean. For more information, please visit downtownmiddletown.org. After brunch this Sunday, visit Mo-Am, the Middletown open-air market, right across the street from Gravel Road Brewing Company. Open from 11 a.m. to 5 p.m., this second Sunday event in July is called Summer Fair. Peak summer vibes take over this month's market with bright colors, summer fair, melons, and music. It's fair style fun. Expect carnival-like games and prices and vendor discounts, classic fair foods, and entertainment for all ages. Like Moam's founder says, this downtown is our neighborhood, and it's up to us to embody the change we wish to see. For more information, please visit MoamOhio.com. Next Friday and Saturday, as Mr. Mulligan stated, July 17th and 18th, enjoy the Ohio Challenge Hot Air Balloon Festival located at Smith Park. This event can boast over 20,000 visitors in two days. The Ohio Challenge Hot Air Balloon Festival feels like a dream as colorful hot air balloons rise into the sky at sunrise and glow brilliantly at night. It's a magical experience where families gather, the sky comes alive, and unforgettable moments are made. For more information, please visit ohiochallenge.com. Please also save the date for Thunderfest, downtown Middletown's cruise-in car show, Saturday, July 25th from 11 a.m. to 4 p.m. For more information, please visit downtownmiddletown.org. As a reminder, the city of Middletown accepts applications for our boards and commissions throughout the year, so if there's something that you have an interest in and you wish to give back to your city in this way, please do submit your application. To learn more, please visit the city's website at cityofmiddletown.org. Lastly, and as always, there are many ways to get involved with your community and give back. You can join a board or committee, run for office, apply for a job with the city, volunteer at the hospital, pick up trash in your neighborhood or park, plant a garden in your yard or balcony, smile at a neighbor, find joy and satisfaction for a job well done in whatever work you do, or just have a positive and giving attitude. Find something that you can do regularly to give back. We're all connected, and we're all in this together, as the care of our city is an adventure in which we all get to share. That's all from me tonight, and this concludes our council comments. Next on the agenda this evening is City Manager Report. City Manager Ms. Ashley Combs, you have the floor.

Good evening. So a couple of things this evening. So first, our next off-site City Council meeting will be on Tuesday, August 18th at the Sunny Hill Community Center. And the next item I would like to bring up Jacob Schulte, the Assistant Community and Economic Development Director, to give an update on the removal of the gravel at the paperboard site.

Good evening, Mayor and members of council. Just a brief update on paperboard, the remediation cleanup with O'Rourke wrecking. Before you tonight, under some of the items of legislation, will be a change order. First and foremost, since the last council meeting with the directive to go ahead and continue to move forward with the removal of the gravel pile, Public Works and the Utilities Division had ended up taking, I think, about $12,000 Additional cubic yards out for various well field projects up around the airport and the water maintenance The legislation tonight will be with our work wrecking on a bid to pretty much extinguish the rest of the gravel pile They are still about 12,000 10 to 12,000 cubic yards left. So after the Vote tonight take about two Roughly two weeks to go ahead and get the rest of the gravel removed thereafter our work wrecking will continue to grade out the site and remove any other rubbing and fencing that's around it, and then seed and straw and get it prepared for the covenant not to sue and the no further action letter through the Ohio EPA.

So if you have any questions, please let me know. Yeah, so when you say we're moving it or getting rid of it, would it tell us what that means? So that means... Taking it from one point spot to another spot?

Yes, there was a location identified at the former landfill at the end of Terry Drive for the remaining $10,000 to $12,000.

Is there a possibility of that site to be used for anything else? I thought there was a couple departments talking about wanting to use some property over there for some future public safety stuff. Does that get in the way of that?

It would not. Part of that crushed concrete, the aggregate there, would actually be leveraged for that potential public safety training facility.

And then how much is it costing us to move it from point A to point B versus if we just got rid of it? I guess I don't understand the stubbornness of why we want to keep this.

The interest from Public Works' perspective on this is the cost to actually go ahead and buy this aggregate for any other potential use for whether it's a utility backfill, say they dig up a sanitary sewer or a water main. How much are we actually saving?

I just think we're moving something from point A to point B and still got a pile of stuff that I don't know that in the long run it's really saving us all that much money. I want to see the numbers. The numbers.

Also, I believe part of it, the reason why council had wanted to move is because staff had mentioned that giving it away might take longer. Am I correct in that?

Yeah, I mean, it's the objective variable as to whether or not who and at what time they'd be able to get the gravel, as well as, I believe, at the time, concerns from Public Works and the liability of just random entities going ahead and getting this crushed aggregate from city property.

And that's kind of, I guess, what I'm wondering is to see the substance of these answers, not just, well, we're moving it from point A to point B. Because that's all I'm hearing.

Removing it from point A to point B. I understand your point, but my position is that was never an appropriate storage place where it exists right now.

I get that.

So from that standpoint, if there were additional costs incurred to make sure that that site is ready for reuse and we don't have a mountain of dirt in a residential neighborhood, then it's worth some investment just to get it moved in the short term.

My question before was, couldn't we take it and put it in all the potholes in Middletown and then cover those potholes with some asphalt or something to make?

Public Works Director explained it the one minute. He did.

I don't remember what he said.

Because it's just not, it won't solidify.

If we put something on top of it?

I don't believe it meets whatever the Public Works specs are, but I don't want to speak out for Public Works. okay i was just wondering because we have so many potholes that we put this dirt in there and then cover this dirt up with something but you gave us a two you said two in two weeks it would be so pending uh you know should council decide to authorize the the contract tonight to move forward uh aurora wrecking would be notified via text message shortly after uh and they would uh within two week window um bring the dozer and about a dozen trucks up.

But the cost of that up to moving it is we're actually able to use some of the money from the grant.

All of the money for this change order, the $267,000 on the high end, and that was quoted at the 20,000 cubic yards-ish. Obviously, it's less than that, so the time, the labor expense to move that would be prorated for whatever's remaining. All of those funds would be leveraged through the Ohio Department of Development's Brownfield Remediation Grant Program. After council's deliberation and consensus to move forward, that's something we did clear with our VAT manager. This would be an eligible cost.

How much cost can you put on someone's life? Those people over there breathing, all of that fume that comes over. And I noticed in my house, and I'm a couple of blocks over, everything is dusty, even more so. I washed my porch off and you could see the dirt. So the health of Middletown, I don't think you can put a price on it. So whatever it takes to get it out of there, just move it, please.

and that said also even even without the grant it sounds like from what i'm hearing is we could move it and take it out of the city and still pay that cost or we could move it keep it in the city and possibly use it for future future work where we wouldn't have to purchase more gravel so it's almost like a win-win yes so currently with with the current proposal to to relocate the former landfill site this gravel would be leveraged by our public works department for any currently if there's a water main break

they go to dig up the water main they're going to exhume the break repair it and then when they have to go back fill they have to go and purchase that crushed gravel so currently this is going to be about 10 to 12 000 cubic yards of crushed gravel that they're going to be able to continue to pull from uh for our utility repairs for however long curious of how much a year we spend i mean that's my point

We're just throwing it into another area for when the winds come in from the west, the neighborhood, that's two miles. The other side's going to start complaining.

I don't know what that number is from Public Works' side.

Just kicking the can down the road is my point.

Jacob, where is point B, where it will go? You said Terry Drive?

Yeah. So it's actually not on this map. That was the former location. Um, it's further up on Carmody, uh, past, uh, um, marked towing. So at the end, um, if you go further along on Carmody, you pass Germantown road, uh, you pass the RV park and some of the other smaller light industrial, uh, facilities on the left is Terry drive at the end of that driveway. There's a towing service as well some city-owned property at the former Middletown City landfill There's a couple acres that were identified that could store the gravel and be for it to be used It's mostly an industrial area there are I believe there's some residential further east of the location I

That was my question also. From what we were told, it sounds like this would not be moving the dust to another location where people are living. Is that staff's opinion that this would not do the same thing and create the same issue that we were having?

I mean, our voluntary action plan manager had already provided us that environmental covenant on the property. The new location would be further away from residential than where it is currently located.

located yeah i don't think it's a health concern at all to be honest with you i don't think it's any worse than than dirt blown from a baseball diamond i mean but the point is i'm tired of listening to it we're going to get i guarantee you people will start complaining once it's moved over there oh i just get rid of it get rid of it how paul how would you get however we can want to see i want to see the timeline i i haven't seen a timeline presented to us if we don't move it this is how long it's going to take us to get rid of it through other means is my point i've seen no answers on that just it would take us a while that's certainly something um we can follow up with public works

not trying to be difficult i'm just i'm just worried we're kicking the can down the road let's just get rid of this well the other issue i thought about too is if you can't you know give it away as quickly and we don't have we don't have 20 000 cubic feet of potholes so sorry jennifer but you know even if you wanted to landfill it the cost would be absolutely exorbitant

The current change order right now at $267,000, that's truly just the logistics of it. Operator at the site loading up the trucks, the trucks going to the other location, and that's two miles maybe down the road, taking it to Rumpke or another sanitary landfill.

And we can't be the only city that wants this stuff. Hamilton, take it. Joshua, Hamilton will take it, right? Cincinnati, whoever. I mean, it's like we're the only city that has this gold. I just don't see how it's so difficult to get rid of, I guess.

at this point also um moving the cost you said earlier mr schulte that the the cost would be covered potentially by the grant as well yes it would the change order would would be fall within the uh surplus on the odod brownfield remediation grant okay all right any further comments or questions from council at this time all right thank you thank you miss combs we have anything else this evening I do not. Thank you. All right. Well, thank you. That concludes city manager reports. Next item on the agenda is the motion agenda. We have four items this evening. Mrs. Skank, please present item A on the motion agenda.

Item A, to receive, file, and adopt the 2027 tax budget.

Thank you. Do I have a motion to approve item A, to receive, file, and adopt the 2027 tax budget?

Motion.

Is there a second?

Second.

Having been properly moved and seconded, is there any discussion? Seeing none, we will proceed to vote. Mrs. Skank, please call the roll.

Mayor Slamka?

Yes.

Mr. Lawley? Yes. Mrs. Carter? Yes.

Mr. West?

Yes.

Mr. Mulligan?

Yes.

The yeses have it, and the motion passes. Mrs. Skank, please present item B on the motion agenda.

To approve the purchase of two 2027 international snowplow trucks. from Rush Truck Centers of Cincinnati, Ohio in the amount of $518,298.06 for the streets and stormwater maintenance divisions.

Ms. Combs, do you have anything to add? Forgive me, I forgot to do that for our last one. Do you have anything to add? I do not. Thank you. Do I have a motion to approve item B, to approve the purchase of two snowplow trucks from Rush Truck Centers in Cincinnati, Ohio for the streets and stormwater maintenance divisions in the amount of $518,298.06? Motion. Is there a second?

Second.

Having been properly moved and seconded, is there any discussion? Seeing none, we will proceed to vote. Mrs. Genk, please call the roll. Mr. Lally?

Yes.

Mrs. Carter? Yes. Mr. West? Yes. Mr. Mulligan? Yes. Mayor Slamka?

Yes. Yeses have it. The motion passes. Mrs. Genk, please present item C on the motion agenda.

Accept. The drug abuse response team grant supported by the Ohio attorney general's office in the amount of $42,635 and 84 cents.

Thank you. Ms. Combs, the staff report, please.

Yes. So the city of Middletown will receive $42,635 and 84 cents with no matching funds required for the period from July 1st, 2026 to June 30th, 2027. The grant will cover overtime costs for the quick response team, QRT and outreach efforts. The team, including community coordinator Victoria Hensley, a police officer, and fire personnel, will engage with individuals who have experienced overdoses and that are struggling with addiction or homelessness. They will reach out to these populations four days a week. The allocation of funds are overtime costs for police officers, $37,635.84, and outreach supplies and materials will be $5,000. The funds will require separate appropriation legislation, again, with no matching funds necessary.

Thank you, Ms. Combs. Do I have a motion to approve item C to accept the drug abuse response team grant for $42,635.84? Motion. Is there a second? Second. Having been properly moved and seconded, is there any discussion? Ms. Carter?

Yes. You said that $37,000 would go to?

Police overtime.

Police overtime.

That's correct.

And $5,000?

Would be the outreach supplies and materials.

So that means that that outreach team that we have will be a part of this 5,000? Yes.

Oh, OK. Any other questions or comments at this time? All right, hearing none, we will proceed to vote. Mrs. Skank, please call the roll. Mrs. Carter?

Yes. Mr. West? Yes. Mr. Mulligan? Yes. Mayor Slamka?

Yes. Mr. Lally?

Yes.

Yeses have it. The motion passes. Mrs. Skank, please present item D of the motion agenda.

to approve the recommended waiver of the sewer connection fee for the Warren County port authority pursuant to section one zero four zero 0.1 zero C of the Middletown codified ordinances related to the development of the arena at Renaissance point and to authorize the city manager to execute any agreements to effectuate a waiver.

Thank you, Mrs. Skank. Ms. Combs, the staff report, please.

The Warren County Port Authority is requesting a waiver of $35,000 for sewer connection fees for the arena's infrastructure development. The City Council can waive this fee under the Middletown Codified Ordinances Section 1040.10c as the Port Authority is a tax-supported entity. The Public Works Director is in support of this approval. And again, the waiver amounts to $35,000.

Thank you. Do I have a motion to approve item D to approve the recommended waiver of the sewer connection fee for the Warren County Port Authority related to the development at the arena at Renaissance Point and to authorize the city manager to execute any agreements to effectuate the waiver?

Motion.

Is there a second?

Second.

Having been properly moved and seconded, is there any discussion? Seeing none, we will proceed to vote. Mrs. Genk, please call the roll. Mr. West?

Yes.

Mr. Mulligan?

Yes. Mayor Slamka?

Yes. Mr. Lally?

Yes. Mrs. Carter?

Yes. Yeses have it, and the motion passes. This concludes the motion agenda. The next item on the agenda is legislation. We have six items of legislation this evening. Assistant Law Director, Mr. Jack Hemenway, the legislation, please.

Mayor, first we have ordinance number 2026-37, an ordinance authorizing the city manager to enter into a contract with the Ohio Department of Transportation for the rehabilitation of two bridge-sized culverts on State Route 122 east of the Grand Avenue and Roosevelt Boulevard split. This is the second reading.

Thank you. Ms. Combs, do you have anything to add? I do not. Thank you. Thank you. And before we continue, Mr. Henway, was your microphone on?

Yes.

It was? Oh, I couldn't hear you for a minute.

You're on now.

Okay, great. All right, thank you. Is there a motion to approve the ordinance?

Motion.

Is there a second?

Second.

It has been properly moved and seconded. Is there any discussion? Hearing none, we will proceed to vote. Mrs. Skank, please call the roll.

Mr. Mulligan? Yes. Mr. Slamka?

Yes.

Mr. Lawley? Yes. Mrs. Carter? Yes.

Mr. West?

Yes.

Yeses have it, and the legislation passes. Mr. Hemingway, the next item, please.

Next, we have ordinance number 2026-38, an ordinance authorizing the city to enter into an enterprise zone agreement with Weidman Electrical Technology Inc., providing for a new manufacturing facility as a development project and tax exemption pursuant to the Ohio Enterprise Zone Program and declaring an emergency.

Thank you. Ms. Combs, the staff report, please.

Weidman Electrical Technology Incorporated, a Swiss company that manufactures transformer insulation systems, plans to acquire the former Graphic Packaging International Facility in Middletown to establish a new manufacturing plant. This project aims to onshore production of essential components for transformers. Weidman intends to invest over $150 million, including $35 million for new construction materials, and create at least 56 full-time jobs with an annual payroll of over $3 million. To facilitate this investment and enhance competitiveness against foreign production, Weidman is offering 100% tax abatement for 15 years to help offset renovation costs. They are also eligible to exempt 50% of the property's value before improvements. Weidman will be required to pay the school compensation with a $25 annual fee to the city. Staff request a first reading emergency to expedite the approval, allowing for Wideman to start remediation and renovations quickly.

Thank you, Ms. Combs. Is there a motion to approve the ordinance? Motion. Is there a second?

Second.

It has been properly moved and seconded. Is there any discussion?

Just to say congratulations to staff on this. I know a lot of months and years of work have been into attracting this new use for an older property in Middletown. Again, a job creation engine and really excited to see this building and this property coming into productive use again.

Thank you, Mr. Mulligan. Any other comment or question at this time? I would also like to concur. I definitely want to thank staff. You've done a wonderful job. I think we're thrilled to have it. Thank you. All right, so hearing no further discussion from Council, Mrs. Genk, please call the roll.

Mayor Slamka?

Yes.

Mr. Lally?

Yes.

Mrs. Carter? Yes. Mr. West?

Yes.

Mr. Mulligan?

Yes.

Well, the yeses have it, and the legislation passes. Mr. Hemingway, the next item, please.

Next, we have Ordinance Number 2026-39, an ordinance authorizing the city manager to enter into a job creation incentive grant agreement with Weidman Electrical Technology, Inc., and declaring an emergency.

Thank you.

Ms. Combs, do you have anything to add? Just that this will support this investment in, again, enhanced competitiveness, and the city is offering a job creation incentive grant to assist in the renovation. Payments will start one year after the job creation period and will last for four years, amounting to 50% of the income taxes collected from the new positions. The agreement will reduce city revenues from payroll tax withholdings by 50% by these jobs created, again, paid annually over those five years. And again, this is a first reading emergency.

Thank you. Is there a motion to approve the ordinance?

Motion.

Is there a second?

Second.

Having been properly moved and seconded, is there any discussion? Hearing none, we will proceed to vote. Mrs. Skank, please call the roll. Mr. Lally?

Yes. Mrs. Carter? Yes. Mr. West? Yes. Mr. Mulligan? Yes. Mayor Slamka?

Yes. The yeses have it and the legislation passes. Mr. Hemingway, the next item, please.

Next, we have ordinance number 2026-40, an ordinance authorizing a change order to the contract with O'Rourke Wrecking Company for the phase two site soil remediation and final grading at the site known as Middletown Paperboard and declaring an emergency.

Thank you. Ms. Combs, the staff report, please.

I only have, I'll just reiterate the cost from the presentation by staff. So the total cost for the change order is $267,560.40. The work may begin immediately after the change order is executed to meet the Brownfield grant deadline of December 31st, 2026. Following completion, the city will request a no further action letter from the Ohio EPA concluding the environmental process and enabling the redevelopment of the site. Again, this is the first reading emergency so that like Jacob had already mentioned it would be a two-week removal time period Thank You ms. Combs.

Is there a motion to approve the ordinance motion? Is there a second? Second having been properly moved and seconded. Is there any discussion? Hearing none we will proceed to vote. Mrs. King. Please call the roll.

This is Carter. Yes. Mr. West. Yes. Mr. Mulligan. Yes Mayor Slamka?

Yes.

Mr. Lawley? Yes.

The yeses happen. The legislation passes. Mr. Hemingway, the next item, please.

Ordinance number 2026-41, an ordinance establishing a procedure for and authorizing a contract with B.D. Morgan & Company, Inc. to repair and replace the roof of 2 North Main Street and declaring an emergency.

Thank you. Ms. Combs, a staff report, please. In 2012, the city of Middletown purchased the first National Bank building to create jobs by reusing it. However, the building remained unoccupied and unmaintained, leading to significant roof deterioration and water damage. In early 2026, structural engineers confirmed that the roof is beyond repair and needs replacement. The city council previously authorized an agreement, but the company withdrew due to uncertainties about the project scope and budgeting. A second review of bids revealed that BD Morgan and Company submitted the second lowest bid at $466,778, including a 10% contingency and a $12,836 bond, which comes to a total of $526,291.80. This represents a difference of $109,775.80. from the rejected low bid. Staff recommends accepting BD Morgan's bid to allow for the prompt roof replacement, enabling city staff to seek new occupants for the building and create jobs. Again, the full cost will be paid from the general fund with the $109,775.80 being reversed through the third party MOU, that downtown revitalization fund. And again, funds are available in the non-departmental budget. First reading emergency due to the urgency of getting this roof replaced and stabilized.

Thank you so much, Ms. Combs. Is there a motion to approve the ordinance?

Motion.

Is there a second?

Second.

That's been properly moved and seconded. Is there any discussion? I would like to just formally thank the Downtown Revitalization Fund, including the Middletown Community Foundation, of course, the City of Middletown, and the Butler County Finance Authority for approving this. If there's no further comment, we will proceed to vote. Mrs. Gink, please call the roll. Mr. West.

Yes. Mr. Mulligan. Yes. Mayor Slamka.

Yes. Mr. Lally?

Yes.

Mrs. Carter?

Yes.

Yeses have it, and the legislation passes. Mr. Hemingway, the last item, please.

Last, we have resolution number 2026-18, a resolution supporting Cleveland Cliffs Steel Corporation's permit to install application for the Energy Recovery and Advanced Efficient Ironmaking Project at its Middletown Works location and declaring emergency.

Thank you miss comes the staff report.

Middletown has a long history of industrial manufacturing for over a 120 years, Cleveland clips, Middletown works has produced coiled steel for various industries. The permit to install is essential for future investments, including the enhancements up to a blast furnace in the installation of a code generational plant. This project aims to reduce emissions, improve energy efficiency and ensure the facility's longevity. This is a first reading emergency. After an unsuccessful emergency vote, 3-1 on June 16th, 2026, this matter is back for reconsideration. Approving the resolution as an emergency will allow the submission to the OEPA before the public hearing this Thursday on July 9th and before the comment period ending on July 11th.

Thank you, Ms. Combs. Is there a motion to approve the resolution?

Motion.

Is there a second?

Second.

That has been properly moved and seconded. Is there any discussion?

Just to say, Mayor, that I'm happy to support this again and look forward to the significant investment that Cleveland Cliffs is making in Middletown and its employees here and our community.

Thank you, Mr. Mulligan. Any further comment or questions from Council? All right, thank you. Ms. Genk, please call the roll. Mr. Mulligan?

Yes.

Mayor Slamka?

Yes.

Mr. Lally? Yes. Mrs. Carter? No. Mr. West? Yes.

Yeses have it, four out of five, so this will proceed as being passed. And this concludes legislation for the evening. The next item on the agenda is unfinished business. Do any council members have anything they would like to present under unfinished business? The only thing, Ms. City Manager Combs, at the last meeting, I asked for a timeline for the blocked railroad crossing way finding signs. And just curious when council might, when council and the public might expect that. Also kind of given the public comment this evening as well, talking about Oxford State.

Yes. So you will have an update at the next city council meeting. Our public works director is currently on vacation, but we'll be happy to give that update at our next meeting.

Fantastic. Thank you so much. Any other unfinished business at this time? All right, seeing none, that concludes unfinished business. The next item on the agenda is new business. Do any council members have any new business they would like to present this evening? All right, seeing none, that concludes new business. And then the next item on the agenda is executive session. Do I hear a motion to move to executive session under the authority of ORC 121.22 to consider the appointment, employment, or compensation of a public employee or official, and under the authority of ORC 121.22 to consider confidential information related to the marketing plans specific business strategy, production techniques, trade secrets, or personal financial statements of an applicant for economic development assistance or to negotiations with other political subdivisions respecting requests for economic development assistance provided that both of the following conditions apply. one the information is directly related to a request for economic development assistance that is to be provided or administered under any provision of chapter seven one five seven two five one seven two four or one seven two eight or sections seven oh one point oh seven three seven three five point six seven to three seven three five point seven zero five seven zero nine point four zero to five seven zero nine point four three five seven zero nine point six one to five seven zero nine point six nine five seven zero nine point seven three to five seven zero nine point seven five OR 5709.77 TO 5709.81 OF THE REVISED CODE OR THAT INVOLVES PUBLIC INFRASTRUCTURE IMPROVEMENTS OR THE EXTENSION OF UTILITY SERVICES THAT ARE DIRECTLY RELATED TO AN ECONOMIC DEVELOPMENT PROJECT OR TWO. A UNANIMOUS QUORUM OF THE PUBLIC BODY DETERMINES BY ROLL CALL VOTE THAT THE EXECUTIVE SESSION IS NECESSARY TO PROTECT THE ENTRANCE OF THE APPLICANT OR THE POSSIBLE INVESTMENT OR EXPENDITURE OF PUBLIC FUNDS TO BE MADE IN CONNECTION WITH THE ECONOMIC DEVELOPMENT PROJECT. IS THERE A MOTION?

MOTION.

IS THERE A SECOND?

Second.

Thank you. Having properly been moved and seconded to move to executive session, we will proceed to vote. Mrs. Gang, please call the roll.

Mayor Slamka.

Yes.

Mr. Lally. Yes. Mrs. Carter. Yes. Mr. West. Yes. Mr. Mulligan. Yes.

Yeses have it. The motion passes, and council will now move to executive session.

Please, Shavers.