The Docket · Government Meeting · DKT-2026-002429

On the agenda: Middletown meeting — Flock Safety (Nov 3)

Name: On the agenda: Middletown meeting — Flock Safety (Nov 3)
Start: 2026-11-03
End: 2026-11-03
Location: Middletown City Council Meeting

⚠ Agenda Watch Middletown, Ohio · Tuesday, November 3, 2026 — in 4 days

About this record

The published agenda for this November 3 meeting contains: "Flock Safety", "license plate reader", "ALPR", "Flock camera". This is the public record BEFORE the vote — read the document, then show up. Public comment is where cancellations start.

WhenTuesday, November 3, 2026
Check the agenda document for the meeting time.

WhereMiddletown, Ohio

BodyMiddletown City Council Meeting

Money$2,500 on the table

On the record“Flock Safety”“license plate reader”“ALPR”“Flock camera”“automated license plate”

The agenda, word for word

Government public record — the full text of the published document, archived October 30, 2026. Gold highlighting of key terms is ours, not the original’s. Read the original document ↗

98 pages · scroll to read

Page 1 of 98

1. November 3, 2026 Agenda
Documents:
20261103 AGENDA.PDF
1.I. November 3, 2026 Workbook
Documents:
11-03-2026 WORKBOOK.PDF

Page 2 of 98

MIDDLETOWN CITY COUNCIL AGENDA
Tuesday, November 3, 2026
CITY COUNCIL BUSINESS MEETING – 5:30 PM – COUNCIL CHAMBERS – LOWER LEVEL
MOMENT OF MEDITATION/PLEDGE OF ALLEGIANCE TO THE FLAG/ ROLL CALL
CITIZEN COMMENTS
COUNCIL COMMENTS
CITY MANAGER REPORTS
2027 Budget Presentation
Infill – Neighborhood Revitalization Program
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 and considered separately.
a) Approve the City Council Minutes of October 20 and October 27, 2026.
b) Receive and file the following board and commission minutes:
Historic Commission- July 16, August 20 and September 17, 2026
Cemetery Board Minutes – July 22, 2026
Planning Commission- August 12 and September 9, 2026
Airport Commission- August 17, 2026
c) Confirm the conditional appointment of Thomas Maly to the position of Network Administrator in the
Information Systems Department.
d) Confirm the conditional appointment of Elijah Rockhold to the position of Corrections Officer in the
Department of Public Safety, Division of Police.
e) Receive and file an Oath of Office for Gabriel Ross.
f) Approve the Final Plat for Renaissance, Section 14.
MOTION AGENDA
1. To authorize the City Manager to accept a $2,500 grant from the TRANSCAER HazMat Team Response
Fund, administered by CHEMTREC, to purchase a Universal Suit Tester for the Division of Fire’s
HazMat 81 team.
2. To authorize the City Manager to enter into an equipment lease agreement with Illyrianos, allowing
the business to utilize existing City-owned restaurant equipment and assets at 6 S. Broad Street.
LEGISLATION
1. Ordinance No. O2026-59, an ordinance authorizing a change order to the contract with Burgess &
Niple, Inc. to act as the VAP Manager for the demolition of the Middletown Paperboard site and
declaring an emergency.
2. Resolution No. R2026-28, 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, 2026. (General Fund – Fire Donation) (Second Reading)

Page 3 of 98

MIDDLETOWN CITY COUNCIL AGENDA
Tuesday, November 3, 2026
3. Resolution No. R2026-29, a resolution authorizing the city manager to enter into an agreement with
the Ohio Department of Transportation for improvements to a portion of State Route 122 from
Jackson Lane to the Grand Avenue / Roosevelt Boulevard split, repealing Resolution No. R2026-24,
and declaring an emergency. (No action requested until November 17, 2026)
4. Ordinance No. O2026-64, an ordinance establishing a procedure for and authorizing a contract with
HCI Herrick Company, Inc. to complete the Avalon lift station rehabilitation project and declaring an
emergency. (No action requested until November 17, 2026)
5. Ordinance No. O2026-65, an ordinance establishing a procedure for and authorizing a contract with
Building Crafts, Inc. to construct the Water Reclamation Facility secondary aeration improvement
project. (First Reading)
6. Ordinance No. O2026-66, an ordinance establishing a procedure for and authorizing a contract with
R.E. Middleton Construction to reconstruct a portion of the 1700 block of Woodlawn Avenue. (First
Reading)
7. Ordinance No. O2026-67, an ordinance establishing a procedure for and authorizing an extension of
the current contract with SmartBill Ltd. for the printing and mailing of water bills. (First Reading)
8. Resolution No. R2026-30, a resolution adopting a goal to work towards zero traffic fatalities and
serious injuries through the implementation of the Transportation Safety Action Plan. (First Reading)
UNFINISHED BUSINESS
NEW BUSINESS
EXECUTIVE SESSION- Under the authority of O.R.C. 121.22 (G) (1) To consider the appointment,
employment, promotion, or compensation of a public employee or official.

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CITIZEN
COMMENTS

Page 7 of 98

COUNCIL
COMMENTS

Page 8 of 98

CITY MANAGER
REPORTS

Page 9 of 98

CONSENT
AGENDA

Page 10 of 98

MIDDLETOWN, OHIO

October 20, 2026

At 5:30 p.m., Mayor Slamka called the regular City Council meeting to order in Council
Chambers, Lower Level of the City Building.
ROLL CALL
CITIZEN COMMENTS

City Council Members present: J. Carter, S. West, J. Mulligan, E. Slamka, P. Lolli.
Dora Bronston, 4817 Earl Avenue, Middletown, Ohio announced that the Southwest
Ohio Philharmonic had registered the name Middletown Symphony Orchestra with the
Ohio Secretary of State and received its certificate in September 2026. This marks the
return of the orchestra's historic name to Middletown, approximately ten years after its
retirement. She confirmed that the orchestra will continue under Music Director Carmon
DeLeone and will retain the musicians who previously performed with the Middletown
Symphony Orchestra. Ms. Bronston announced a new educational initiative with
Middletown City Schools. The orchestra plans to bring Carnegie Hall's Link Up program
to fourth-grade students, providing opportunities for students to engage with orchestral
music and music education.
Ms. Bronston reviewed the history of the Middletown Symphony Orchestra and the
formation of the Southwest Ohio Philharmonic:
•
•
•
•
•
•
•

In May 2016, the Middletown Symphony Orchestra announced that it would
cease operations following the 2016–2017 season, after which the MSO name
would be retired.
At that time, the orchestra was based at Miami University's Dave Finkelman
Auditorium.
Following the announcement, several orchestra members sought to preserve
the musical organization and continue performing with the existing musicians.
Mike Schaefer, Joanne Schaefer, and Renate Thomas spearheaded the
creation of the Southwest Ohio Philharmonic (SWAP).
After leading the Middletown Symphony Orchestra for 35 years, Maestro
Carmen De Leon expressed interest in continuing his involvement as a music
advisor for the new organization.
The Southwest Ohio Philharmonic name was selected to provide the orchestra
with a broader geographic identity.
The organization's inaugural executive board meeting took place on September
12, 2016. The board subsequently incorporated the organization, obtained
501(c)(3) tax-exempt status, and established committees to oversee its
operations.

Ms. Bronston noted that October 2026 marks approximately ten years since the
formation of the Southwest Ohio Philharmonic and represents a new chapter for the
Middletown Symphony Orchestra. Ms. Bronston confirmed that the organization will
continue its Northern Cincinnati Youth Orchestra activities while also operating under
the Middletown Symphony Orchestra name. She expressed enthusiasm about the
orchestra's return to Middletown and optimism about the city's continued growth and
future opportunities. Ms. Bronston thanked the Mayor, Vice Mayor, City Council, and
attendees for their time and support. She described the occasion as a reunion and
expressed appreciation for the community's ongoing work and commitment to
Middletown.
Kady Lynch

Kady Lynch, 4836 Shannon Way, Middletown, Ohio addressed the Mayor and City
Council to reopen discussion regarding Flock Safety cameras and the use of automated
license plate reader (ALPR) data. She noted that the issue had been discussed
previously and that she had attended the most recent Citizen Advisory Board meeting.
Ms. Lynch presented information concerning alleged misuse of ALPR data to stalk or
monitor current or former domestic partners. She stated that at least 25 cases had
been reported nationally involving law enforcement officers allegedly abusing ALPR
data for this purpose. She further noted that many incidents reportedly came to light
after victims reported the behavior rather than through internal investigations.
Ms. Lynch cited two incidents in Ohio:
• Mansfield, Ohio — April 2026: A 911 dispatcher reportedly resigned after using
Flock cameras to locate a woman and ask for her phone number.
• Reynoldsburg, Ohio — January 2026: An officer reportedly resigned following an
investigation that found he had searched license plates associated with a
former domestic partner.
These examples were presented to illustrate concerns about potential misuse of
surveillance technology and access to sensitive data.

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MIDDLETOWN, OHIO

October 20, 2026

Ms. Lynch expressed concern about the Police Chief's reported position that
discussions about Flock camera transparency should wait until an accusation of misuse
has been made. She argued that transparency and safeguards should be discussed
proactively rather than only after an incident occurs. She also noted that Flock offers
transparency measures that could be considered by the city. Ms. Lynch stated that
multiple residents had requested a town hall meeting regarding Flock cameras but had
not received a response. She emphasized the need for community engagement and
greater transparency concerning the technology's use.
AJ Dean Mentel

AJ Dean Mentel, 2902 Central Avenue, Middletown, Ohio addressed City Council
regarding automated license plate readers (ALPRs) and requested that the city cancel
its contract with Flock Safety. He raised concerns about privacy, constitutional rights,
surveillance practices, and the need for public transparency and accountability. Mr.
Mentel cited commentary attributed to an Ohio State University criminology professor,
characterizing Flock Safety surveillance technology as a violation of individual rights. He
argued that the technology reverses the traditional investigative process by collecting
information on the general public before a crime occurs, potentially allowing individuals
to be treated as pre-investigated suspects. He expressed concern that continuous data
collection raises Fourth Amendment issues and questioned whether the technology's
crime prevention and investigative benefits justify its use. Mr. Mentel referenced his
attendance at the recent Citizen Advisory Board meeting, where he said he raised the
availability of Flock Safety transparency portals for contracted agencies. He reported
asking whether the city would establish a publicly accessible means of auditing
surveillance records. According to Mr. Mentel, the Police Chief responded that the city
would need to wait for an instance of abuse before investigating it. Mr. Mentel
acknowledged the Police Department's stated practice of conducting internal
investigations and regular audits but argued that internal oversight alone does not
provide sufficient public transparency. He cited Franklin and Springboro as nearby
communities with transparency portals and Hamilton as a community that previously
had one before canceling its Flock Safety contract. Mr. Mentel reiterated his primary
request that the city cancel its Flock Safety contract. At a minimum, he requested that
City Council:
• Hold a public town hall meeting to discuss Flock Safety cameras and ALPR
technology.
• Establish a publicly accessible transparency portal to allow residents to review
or audit surveillance-related records.
• Provide greater public accountability regarding data collection, access, and use.
Mr. Mentel discussed concerns about the scope of data collected through Flock Safety
technology beyond license plate information. He stated that he had obtained the city's
contracts through a public records request and that the documents referenced features
described as license-plate-lookup-only. He interpreted this language as raising
questions about whether the technology collects additional types of data. Mr. Mentel
also referenced a figure of billions of data points collected monthly, expressing concern
about the scale of the data collection and the implications for public privacy.

COUNCIL COMMENTS

Mr. Lolli commended the Middletown Fire Department, particularly Deputy Chief
Spaulding, for coordinating the multi-agency mass casualty emergency drill held on
October 10 at the Towne Mall. He described the exercise as an informative assessment
of the city's preparedness for a mass casualty incident and stated that the drill went
well overall. He noted that the purpose of such exercises is to identify areas for
improvement, and he expressed confidence that the participating agencies would
address the issues identified. Mr. Lolli also recognized Chief Wright and the
department's personnel for their work in preparing for the exercise, noting that planning
had taken approximately one year.
Mr. Lolli wished residents a Happy Halloween and encouraged everyone to stay safe
during Beggars' Night. He deferred to the mayor for the announcement of the official
hours. He also publicly acknowledged the City Manager's birthday and offered birthday
wishes.
Mr. Lolli reminded residents to turn their clocks back on November 1 for the end of
daylight savings time. He also encouraged residents to participate in the November 3 rd
election, emphasizing the importance of exercising their voting rights as U.S. citizens.
Mr. Lolli addressed the public comments concerning Flock Safety cameras and
automated license plate readers. He thanked residents for expressing their concerns
but stated that he fully supports the continued use of Flock Safety cameras, believing
their public safety benefits outweigh the potential risks.

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MIDDLETOWN, OHIO

October 20, 2026

He offered the following points in support of his position:
• Public safety benefits: Mr. Lolli stated that the technology has helped locate
missing children, assist with criminal investigations, solve crimes, and
apprehend suspects.
• Reported misuse: In response to concerns about approximately 25 reported
cases of alleged misuse nationwide, he argued that these incidents should be
considered in the context of the country's population and did not justify
discontinuing the technology.
• Accountability: He stated that officers who misuse law enforcement technology
can face criminal charges, convictions, and imprisonment.
• Existing law enforcement systems: Mr. Lolli compared Flock Safety cameras to
existing law enforcement databases, including systems used by officers when
conducting traffic stops. He argued that instances of misuse do not necessarily
warrant eliminating an entire system.
• Technology and public safety: He compared the issue to the use of smart
vehicles, noting that the risks associated with individual incidents do not
necessarily justify abandoning the technology altogether.
Mr. Lolli suggested that earlier comments regarding the Police Chief's position on
investigating misuse may have been misunderstood. He stated that his understanding
was that the department would investigate if a Middletown police officer used the
system improperly. He acknowledged residents' concerns about protecting individual
freedoms and privacy but expressed his personal view that the benefits of Flock Safety
cameras outweigh the disadvantages. Mr. Lolli also noted that other communities'
decisions to discontinue the technology, including Trenton and Monroe, would not
determine his position on Middletown's use of the system. Mr. Lolli thanked the
residents who spoke about Flock Safety cameras and indicated that he was willing to
continue discussing the issue. He maintained his support for the technology, stating
that its public safety benefits were too significant to justify discontinuation based on
reported instances of misuse.
Mrs. Carter

Mrs. Carter thanked Dr. Bronston for her hard work with the Southwest Ohio
Philharmonic. I also think that we should have a town hall meeting on Flock cameras. I
think the community should have a voice as to what we bring into their community;
that's how you run a city. Please get out and vote; our lives depend on it.

Mr. West

Mr. West wished everyone an early Happy Halloween, extended birthday wishes to City
Manager Combs, and congratulated Dr. Bronston. He discussed the growing public
debate surrounding Flock Safety cameras, noting that some communities have
expressed significant concerns and that several municipalities have canceled their
contracts with the company. He acknowledged that the cameras have also provided
benefits to law enforcement, including assisting with stolen vehicle investigations and
helping locate missing or kidnapped children. He recognized the importance of
balancing public safety benefits with concerns about privacy, civil liberties, and the
potential misuse of surveillance technology. Mr. West noted that, although
approximately 25 cases of alleged misuse had been identified nationwide, even a small
number of incidents warranted attention. He also referenced broader concerns about
the misuse of artificial intelligence and camera technology, including residential
security systems such as Ring cameras. Mr. West questioned whether municipalities
that discontinue their Flock Safety contracts might still seek assistance from
neighboring jurisdictions that continue to use the cameras to identify vehicles involved
in investigations. Mr. West emphasized that Flock Safety cameras are a serious issue,
noting that there is considerable data available, and that differing narratives exist
surrounding their use. He stated that City Council’s responsibility is to represent
residents and address concerns affecting the entire city or specific neighborhoods. Mr.
West expressed his willingness to support a town hall meeting to facilitate public
discussion and provide residents with an opportunity to voice their concerns.

Mr. Mulligan

Mr. Mulligan reported that he recently attended the Ohio-Kentucky-Indiana Regional
Council of Governments (OKI) as the City Council representative. He announced that
Middletown had secured approximately $800,000 in funding for road repaving. While
the City was addressing improvements to Cincinnati-Dayton Road south of State Route
122, the newly secured funding would support future repaving of North Dixie Highway.
He noted that this funding would supplement the City’s local infrastructure investments.
Mr. Mulligan also provided an update on efforts to support the Sorg Opera House. He
reported that a meeting had recently taken place with representatives from the
Middletown Community Foundation, the Butler County Finance Authority, City staff, and
a historic architect to identify ways the City could assist the organization in both the

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MIDDLETOWN, OHIO

October 20, 2026

short and long term. Discussions focused on immediate operational needs and
developing a practical, efficient approach to renovating and preserving the historic
structure. Mr. Mulligan noted that local corporations had generously provided shortterm financial support for the 2027 season. He expressed optimism about this
assistance and stated that additional funding opportunities and financial resources
would be explored to support the Sorg Opera House’s continued operations and
eventual restoration.
Ms. Slamka

Ms. Slamka congratulated the Middletown Symphony Orchestra on its return with
Carmon DeLeone, expressing excitement about the orchestra’s upcoming
performances.
Regarding Flock Safety cameras, Ms. Slamka confirmed that the City Manager and staff
had been working to identify a date for a town hall meeting. She stated that additional
information would be forthcoming.
Ms. Slamka encouraged residents to participate in elections, emphasizing that every
vote matters, particularly in local elections.
She then provided an overview of upcoming community events and activities in
Middletown over the next two weeks, including:
• Kiwanis Pancake Day: October 24, from 8:00 a.m. to noon at the Fraternal Order
of Eagles, 1300 First Avenue. The annual fundraiser supports several charitable
causes, including the Dolly Parton Imagination Library.
• Peace, Prayers, and Positivity Breast Cancer Walk: October 24, beginning at
10:00 a.m. at Old South Park and ending at Sonny Hill Community Center,
honoring the life and legacy of Willie Emma Silas.
• Bucktoberfest 2026: October 24–25 at the Event Center of Middletown,
featuring comic books, vendors, and collectible items.
• Spooky Car Show and Trunk or Treat: October 24 at Smith Park, with the car
show beginning at 4:00 p.m. and trunk-or-treat activities from 6:00 to 8:00 p.m.
• Middletown Maulers Basketball Game: October 24 at Middletown Middle
School, with a 5:30 p.m. tip-off against the Windy City Inferno.
• Pink Sunday Benefit: October 25 at Irie Smoothie Cafe, raising funds for two
local women through special smoothie sales, a raffle, a bake sale, and live
music.
• South Main Haunted Walking Tour: October 28, from 6:00 to 9:00 p.m.,
beginning at the Windamere at 2 South Main Street.
• Trick-or-Treat at City Hall: October 29, from 3:00 to 4:45 p.m., featuring a Harry
Potter-themed experience throughout the building.
• 1891 Halloween Edition at the Sorg Opera House: October 29, from 5:30 to
8:00 p.m., featuring a special Halloween music program.
• Rocky Horror Picture Show Shadowcast: October 30 at 8:00 p.m. at the Sorg
Opera House, featuring a live performance accompanying the film.
• Citywide Trick-or-Treat: October 31, from 6:00 to 8:00 p.m.
• Belairs Show Band: October 31 at 7:00 p.m. at the Sorg Opera House, featuring
music from the 1950s and 1960s.
• Carnival of Curiosities Halloween Party: October 31 at the Windamere, featuring
live music by Party Punch and a themed Halloween celebration for adults ages
21 and older.
Ms. Slamka also announced the 2026 State of the City Address, scheduled for Tuesday,
November 10, at Sonny Hill Community Center, 800 Lafayette Avenue. The free event
will begin at 6:00 p.m., with attendees encouraged to arrive at 5:45 p.m. The program
will include performances by Middletown High School’s Purple Pizzazz Show Choir and
the CBI’s Rise Choir, Updates from the School Board President And health
commissioner, and an awards presentation. Light refreshments will be provided.
Ms. Slamka concluded by encouraging residents to become involved in their community
through public service, joining local boards and organizations, running for office,
applying for City employment, volunteering, maintaining neighborhood spaces, and
supporting neighbors. She emphasized the importance of civic engagement, community
connection, and maintaining a positive, giving attitude.

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MIDDLETOWN, OHIO

CITY MANAGER
REPORTS
Middie Way Baseball

October 20, 2026

City Manager Ashley Combs welcomed Greg Schwarber and Steve Bohannon to the
podium to provide City Council with an update on Middie Way Baseball’s progress since
youth baseball was reintroduced to Middletown in 2022. Mr. Schwarber reported that
the organization recently completed its fifth year and now serves more than 500
children participating in baseball and softball programs. They expressed appreciation
for the community’s support and highlighted significant improvements at Goldman Park
resulting from partnerships with the city, the Park Board, Public Works staff, and
community partners.
The following improvements at Goldman Park were highlighted:
• Renovation of the park building, including installation of a new roof, electrical
system, furnace, glass block windows, and updated locks.
• Reconstruction of the dugouts through a collaborative effort involving the city
and a Home Depot grant.
• Installation of a drinking fountain between Fields 1 and 2, reportedly donated
by Pilot Chemical and installed by City staff.
• Leveling and resurfacing of the fields, including improvements to the infields
and restoration of the outfields.
• Repaving and restriping of the front parking lot and restriping of the rear parking
lot.
• Installation of new playground equipment and additional park signage.
• Installation of a security system in the park office.
Mr. Schwarber commended the Park Board, Scott Tadych, Charlie Anderson, and the
Public Works team for their contributions. They noted that these improvements have
significantly enhanced the park for players, parents, coaches, and other community
members.
Middie Way Baseball outlined several potential future improvements and development
opportunities:
• Rear parking lot lighting: Explore the installation of lighting to improve visibility
and safety for families and players during evening activities, particularly in the
fall.
• Field scoreboards: Explore opportunities to install scoreboards on the baseball
fields.
• Field 1 feature wall: Continue preliminary discussions with the City and
Cleveland Cliffs regarding a proposed “Green Monster”-style wall in left field,
potentially incorporating City and corporate branding.
• Indoor winter training facility: Explore the potential use of the former fire
headquarters adjacent to Goldman Park for indoor baseball training. The
proposed concept includes batting cages, indoor turf, protective netting, and
space for practicing on a small infield. Representatives noted that such a facility
could benefit local youth baseball and softball programs, as well as the high
school baseball program, which currently has limited indoor winter training
space.
The representatives emphasized that these proposals represent the organization’s
long-term vision and clarified that they were not requesting funding or formal action
from the Council at this meeting. They expressed their willingness to collaborate with
the city and potential partners to pursue future improvements.
Council members thanked the Middie Way Baseball representatives for their
presentation and recognized the organization’s accomplishments during its first five
years. Mr. West commented that the program had achieved substantial success in a
relatively short period and praised the Park Board for its commitment to improving
Middletown’s parks. Mr. West also acknowledged the contributions of Park Board
members Steve Lewis, Matt Armbruster, and Dave Pearce, along with Scott Tadych,
Charlie Anderson, and the Public Works team. He emphasized the City’s support for
organizations that demonstrate a strong commitment to providing recreational
opportunities for local children.
Council members expressed appreciation for the partnership between Middie Way
Baseball and the City and thanked the organization for its efforts to expand youth
baseball and softball opportunities.
Mrs. Carter expressed her support for turning the old fire headquarters into a batting
cage/ batting field for the youth during the winter.

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MIDDLETOWN, OHIO

October 20, 2026

Ms. Slamka thanked Greg Schwarber and Steve Bohannon for their work in bringing
baseball and softball back to Middletown. She expressed her appreciation for the
recreational opportunities Middie Way Baseball provides to local youth and families,
noting that residents frequently express a desire for more family-friendly entertainment
and the return of youth sports to the community. She commended the representatives
for their efforts and thanked them for their continued commitment to Middletown’s
children and families.
CONSENT AGENDA

Approve the City Council Minutes of October 6, 2026.
Receive and file the following board and commission minutes:
Board of Health- September 8, 2026
Confirm the termination of Joshua Cornett, Code Specialist, in the Community and
Economic Development Department.
Confirm the conditional appointment of Jack Cooney to the position of Maintenance
Worker in the Department of Public Works and Utilities, Parks Maintenance Division.
Confirm the conditional appointment of Jonathan Jordan to the position of Maintenance
Worker in the Department of Public Works and Utilities, Stormwater Maintenance
Division.
Mr. West moved to approve the issues and actions listed on the Consent Agenda. Mr.
Lolli seconded. Motion carried. Ayes: Mr. West, Mr. Mulligan, Ms. Slamka, Mr. Lolli,
Mrs. Carter.

MOTION AGENDA
Contract with
Crawford, Murphy
and Tilly, Inc. (CMT)
for design of the
Cincinnati-Dayton
Road Improvements.

To authorize the City Manager to enter into a contract in an amount not-to-exceed
$141,275.00 with Crawford, Murphy and Tilly, Inc. (CMT) for the design of the CincinnatiDayton Road Improvements.

Contract with Snider
Recreation Inc. To
Replacing the
Existing Playground
Equipment at
Lefferson Park

To authorize a contract with Snider Recreation Inc. in the amount of $258,040.20 for
replacing the existing playground equipment at Lefferson Park.

Mr. West moved to authorize the City Manager to enter into a contract in an amount notto-exceed $141,275.00 with Crawford, Murphy and Tilly, Inc. (CMT) for design of the
Cincinnati-Dayton Road Improvements. Mr. Lolli seconded. Motion carried. Ayes: Mr.
Mulligan, Ms. Slamka, Mr. Lolli, Mrs. Carter, Mr. West.

Mr. West moved to authorize a contract with Snider Recreation Inc. in the amount of
$258,040.20 to replace the existing playground equipment at Lefferson Park. Mr. Lolli
seconded.
Mrs. Carter expressed concerns regarding the proposed replacement of playground
equipment at Lefferson Park, noting that other Middletown parks, particularly Michigan
Park and Gardner Park, also have aging equipment and maintenance needs. She
recommended postponing the Lefferson Park project until the following year and
redirecting the funding toward improvements at Michigan Park, including replacing
playground equipment and repairing damaged concrete and ground surfaces. She
emphasized the importance of providing safe and accessible recreational opportunities for
children in these neighborhoods.
Council members acknowledged Mrs. Carter’s concerns but explained that the Park Board
and City staff had assessed park needs and prioritized improvements based on the parks
master plan. They noted that the current approach focused on larger parks before
addressing smaller neighborhood parks and indicated that Michigan Park could be
considered in future improvement plans.
Scott Tadych, Public Works Director and Park Board member, confirmed that Michigan Park
needed replacement playground equipment. He explained that the Park Board had
generally prioritized larger parks, and that projects following the currently proposed
improvements had not yet been determined. He stated that Michigan Park could be
considered during future planning.
Mrs. Carter reiterated that children regularly use Michigan Park and noted that some
equipment was deteriorating, including peeling paint and missing swings. She emphasized

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MIDDLETOWN, OHIO

October 20, 2026

that the park serves nearby families and suggested that replacing the existing playground
unit and installing swings could address immediate needs.
City staff explained that some playground equipment at Lefferson Park did not meet current
safety standards and had been removed because of its poor condition. Staff noted that
park improvements can increase community use, citing the increased activity at Goldman
Park following its renovations. They also indicated that additional funding for parks might
be available through a future budget, subject to approval, and that Michigan Park could be
considered alongside other parks with outstanding needs.
Council members acknowledged the substantial financial investment required to address
needs identified in the parks master plan and explained that improvements must be
phased according to available funding and established priorities. They also referenced the
recent investment in Oakland Park. Mrs. Carter clarified that Oakland Park primarily offers
pickleball and basketball facilities and does not provide the playground equipment needed
by children in the Michigan Park neighborhood.
Motion carried. Ayes: Ms. Slamka, Mr. Lolli, Mr. West, Mr. Mulligan. Nays: Mrs. Carter.
Contract with Snider
Recreation Inc. for
Replacing and
Upgrading the
Existing Playground
Equipment at
Gardner Park.

To authorize a contract with Snider Recreation Inc. in the amount of $143,922.40 for
replacing and upgrading the existing playground equipment at Gardner Park.
Mr. West moved to authorize a contract with Snider Recreation Inc. in the amount of
$143,922.40 for replacing and upgrading the existing playground equipment at Gardner
Park. Mr. Lolli seconded. Motion carried. Ayes: Mr. Lolli, Mr. West, Mr. Mulligan, Ms.
Slamka. Nays: Mrs. Carter.

LEGISLATION
Res. No. R2026-25
OPWC Grant for
Project Year 41

Resolution No. R2026-25, a resolution authorizing the City Manager to submit an
application to the Ohio Public Works Commission for Project Year 41 requesting funding
for the resurfacing and reconstruction of Cincinnati – Dayton Road from State Route 122
south to the city limits, including restoration of curbs, gutters and driveway aprons deemed
defective by the city, and handicap ramp upgrades as necessary, to enter into agreements
for such funding and declaring an emergency was read.
Mr. Lolli moved to approve Resolution No. R2026-25, a resolution authorizing the City
Manager to submit an application to the Ohio Public Works Commission for Project Year
41 requesting funding for the resurfacing and reconstruction of Cincinnati – Dayton Road
from State Route 122 south to the city limits, including restoration of curbs, gutters and
driveway aprons deemed defective by the city, and handicap ramp upgrades as necessary,
to enter into agreements for such funding and declaring an emergency. Mr. West seconded.
Motion carried. Ayes: Mrs. Carter, Mr. West, Mr. Mulligan, Ms. Slamka, Mr. Lolli.

Ord. No. O2026-60
Jail Food Service
2027

Ordinance No. O2026-60, an ordinance establishing a procedure for and authorizing an
extension of the contract with CBM Managed Services, now known as Summit Food Service
for jail food service in 2027, was read for the second time.
Mr. West moved to approve Ordinance No. O2026-60, an ordinance establishing a
procedure for and authorizing an extension of the contract with CBM Managed Services,
now known as Summit Food Service for jail food service in 2027. Mr. Lolli seconded. Motion
carried. Ayes: Mr. West, Mr. Mulligan, Ms. Slamka, Mr. Lolli, Mrs. Carter.

Ord. No. O2026-61
Contract with
National Water
Services - Well &
Pump Maintenance

Ordinance No. O2026-61, an ordinance establishing a procedure for and authorizing a
contract with National Water Services LLC for well and pump maintenance for 2027
through 2029, was read for the second time.

Res. No. R2026-26
Honorary Name
Change to Jacot
Pearce Park

Resolution No. R2026-26, a resolution honorarily changing the name of Jacot Park to Jacot
– Pearce Park was read for the second time.

Mr. West moved to approve Ordinance No. O2026-61, an ordinance establishing a
procedure for and authorizing a contract with National Water Services LLC for well and
pump maintenance for 2027 through 2029. Mr. Lolli seconded. Motion carried. Ayes: Mr.
Mulligan, Ms. Slamka, Mr. Lolli, Mrs. Carter, Mr. West.

City Manager Combs explained that the name change would be permanent.
Mr. Lolli moved to approve Resolution No. R2026-26, a resolution honorarily changing the
name of Jacot Park to Jacot – Pearce Park. Mr. West seconded.

Page 17 of 98

MIDDLETOWN, OHIO

October 20, 2026

Mr. Lolli thanked City staff, the City Manager, and the Law Department for further reviewing
the possibility of making the proposed change permanent rather than limiting it to the twoyear term discussed at the previous meeting. He expressed support for the proposed
permanent change and noted that Mr. Pearce’s presence at the meeting was timely, adding
that the change was well deserved.
Mr. Mulligan congratulated Mr. Pearce on the well-deserved honor. He noted that the
recognition aligned with the earlier presentation from Middie Way Baseball, emphasizing
that community members’ involvement in parks and public gathering spaces strengthens
the community, fosters connections among residents of all ages, and benefits both children
and adults. He added that these shared spaces help create a sense of place and support
the City of Middletown’s efforts to build a stronger, more connected community. Mr.
Mulligan thanked everyone involved in the effort.
Mr. West thanked Mr. Pearce for his contributions, noting that the park has been a family
favorite for many years. He expressed appreciation for Mr. Pearce’s work and efforts dating
back to the early 2000s.
Ms. Slamka congratulated Mr. Pearce and thanked Mr. Rudd for submitting the application,
noting the strong support from residents and the community for the initiative. She shared
that she enjoyed hearing Mr. Pearce discuss his history with the park during a Park Board
meeting and emphasized the importance of parks in fostering a sense of place and
community identity. Ms. Slamka highlighted the importance of parks for families,
neighborhoods, children, and future generations. She stressed that maintaining safe,
attractive, and well-maintained parks is essential to the community and again expressed
her appreciation to Mr. Pearce and everyone involved in the effort.
Mrs. Carter commented I was wondering why we were doing this for two years, at first; that
didn't make sense to me. Now that we have Jacot-Pearce Park, I look forward to speaking
to you about other parks. Thank you.
Motion carried. Ayes: Ms. Slamka, Mr. Lolli, Mrs. Carter, Mr. West, Mr. Mulligan.
Ord. No. O2026-62
Ground Lease
Middletown Port
Authority
(Manchester)

Ordinance No. O2026-62, an ordinance establishing a procedure for and authorizing the
ground lease of site known as the Manchester Hotel and Sonshine Building to the
Middletown Port Authority and declaring an emergency was read.

Res. No. R2026-27
Property Tax
Resolution for 2027

Resolution No. R2026-27, a resolution accepting the Amounts and Rates as determined
by the Budget Commission and authorizing the necessary tax levies and certifying them to
the County Auditor and declaring an emergency.

Ms. Carter moved to approve Ordinance No. O2026-62, an ordinance establishing a
procedure for and authorizing the ground lease of site known as the Manchester Hotel and
Sonshine Building to the Middletown Port Authority and declaring an emergency. Mr. West
seconded. Motion carried. Ayes: Mr. Lolli, Mrs. Carter, Mr. West, Mr. Mulligan, Ms. Slamka.

Mr. Lolli moved to approve Resolution No. R2026-27, a resolution accepting the Amounts
and Rates as determined by the Budget Commission and authorizing the necessary tax
levies and certifying them to the County Auditor and declaring an emergency. Mr. West
seconded. Motion carried. Ayes: Mrs. Carter, Mr. West, Mr. Mulligan, Ms. Slamka, Mr. Lolli.
Res. No. R2026-28
Supplemental
Appropriation
(General - Fire
Donation)

Resolution No. R2026-28, 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, 2026, were read for the first time.
(General Fund – Fire Donation)

ADJOURN

At 6:35 p.m., the meeting was declared adjourned until the special meeting on October
27, 2026, at 5:30 p.m. in Council Chambers.
______________________________
Elizabeth Slamka, Mayor
Attest: ___________________________

Page 18 of 98

MIDDLETOWN, OHIO

October 27, 2026

At 5:30 p.m., Mayor Slamka called the special City Council meeting to order in Council
Chambers, Lower Level of the City Building.
ROLL CALL

City Council Members present: S. West, J. Mulligan, E. Slamka, P. Lolli.

EXCUSE MRS. CARTER'S
ABSENCE

Mr. Lolli moved to excuse the absence of Mrs. Carter. Mr. West seconded. Motion
carried. Ayes: Mr. West, Mr. Mulligan, Ms. Slamka, Mr. Lolli.

RECEIVE AND FILE THE
SPECIAL MEETING
DOCUMENTS

Mr. West moved to receive and file the special meeting documents. Mr. Lolli seconded.
Motion carried. Ayes: Mr. Mulligan, Ms. Slamka, Mr. Lolli, Mr. West.

BUDGET DISCUSSION

Mayor Slamka mentioned the three patrol officer positions and the Deputy Clerk of
Council becoming a full-time position.

EXECUTIVE SESSION

At 5:37 p.m., Mr. Lolli moved to adjourn to executive session under the authority of
O.R.C. 121.22 (G) (8) 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
negotiate with other political subdivisions respecting requests for economic
development assistance, provided that both of the following conditions apply:
(1) The information is directly related to a request for economic development assistance
that is to be provided or administered under any provision of Chapter 715., 725., 1724.,
or 1728. or sections 701.07, 3735.67 to 3735.70, 5709.40 to 5709.43, 5709.61 to
5709.69, 5709.73 to 5709.75, 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.
(2) A unanimous quorum of the public body determines, by a roll call vote, that the
executive session is necessary to protect the interests of the applicant or the possible
investment or expenditure of public funds to be made in connection with the economic
development project. Mr. Mulligan seconded. Motion carried. Ayes: Ms. Slamka, Mr.
Lolli, Mr. Mulligan, Mr. West.
At 5:37 p.m., Mrs. Carter arrived at the meeting.

RETURN

At 6:19 p.m., Mr. Lolli moved to return to open session. Mrs. Carter seconded. Motion
carried. Ayes: Mr. Lolli, Mrs. Carter, Mr. West, Mr. Mulligan, Ms. Slamka.

LEGISLATION
Ord. No. O2026-63
2026 Arena BANs

Ordinance No. O2026–63, authorizing the issuance of notes in the amount of not to
exceed $39,750,000 in anticipation of the issuance of bonds for the purpose of
acquiring, developing, constructing, furnishing, equipping and providing for the
operation of an ice hockey facility and event complex, including the primary arena
building and all structures and amenities appurtenant thereto and all equipment and
fixtures installed therein; improving the sites thereof; and include providing all or a
portion of the financing for such improvements through the acquisition of bonds issued
by the Warren County Port Authority for such project; and authorizing and approving
related matters; and declaring an emergency was read.
Mr. Lolli moved to approve Ordinance No. O2026–63, authorizing the issuance of notes
in the amount of not to exceed $39,750,000 in anticipation of the issuance of bonds
for the purpose of acquiring, developing, constructing, furnishing, equipping and
providing for the operation of an ice hockey facility and event complex, including the
primary arena building and all structures and amenities appurtenant thereto and all
equipment and fixtures installed therein; improving the sites thereof; and include
providing all or a portion of the financing for such improvements through the acquisition
of bonds issued by the Warren County Port Authority for such project; and authorizing
and approving related matters; and declaring an emergency. Mr. West seconded.
Motion carried. Ayes: Mrs. Carter, Mr. West, Ms. Slamka, Mr. Lolli. Nays: Mr. Mulligan.

ADJOURN

At 6:23 p.m., the meeting was declared adjourned until the regular meeting on
November 3, 2026, at 5:30 p.m. in Council Chambers.
______________________________
Elizabeth Slamka, Mayor
Attest: ___________________________

Page 19 of 98

HUMAN RESOURCES DIVISION

October 21, 2026

TO:

Ashley Combs, City Manager

FROM:

Megan Ellis, Human Resources Manager

SUBJECT: APPOINTMENT – NETWORK ADMINISTRATOR
We are recommending the appointment of THOMAS MALY to the position of Network
Administrator in the Information Systems Department. He will fill the vacancy created by the
resignation of Bruce Terry.
Mr. Maly will be assigned to Salary Range 178, Step C, which provides a salary of
$2,920.32 biweekly, $75,928.32 annually. The appointment is conditional on the candidate
passing the required background check and medical evaluation.

Amy Schenck, Clerk of Council
Troy Anderton, Information Systems Director
Human Resources
Finance (Payroll)
File

Ccmtg 11/3/2026

Page 20 of 98

Human Resources
October 27, 2026

TO:

Ashley Combs, City Manager

FROM:

Megan Ellis, Human Resources Manager

SUBJECT: APPOINTMENT – CORRECTIONS OFFICER
We are recommending the conditional appointment of ELIJAH ROCKHOLD to the position
of Corrections Officer in the Department of Public Safety, Division of Police. Mr. Rockhold
was selected from the eligibility list as a result of Civil Service testing procedures. He will fill
the vacancy created by the appointment of Kamari Fuller.
Mr. Rockhold will be assigned to Range PO4, Probationary Step, which provides a salary of
$1,873.72 bi-weekly, $48,716.72 annually. The appointment is conditional on the
candidate passing the required background and medical evaluation.

Amy Schenck, Clerk of Council
Earl Nelson, Chief of Police
Human Resources
Finance (Payroll)
file

ccmtg 11/3/2026

Page 21 of 98

For the Business Meeting of November 3, 2026

October 22, 2026
TO:
ATTN:
FROM:

City Council
Ashley Combs, City Manager
Claire Fetters Binegar, City Planner

SUBJECT:

Final Plat – Renaissance, Section 14

APPLICANT/ENGINEER:
MSP Design
3700 Park 42 Drive, Suite 1908
Cincinnati, OH 45241

PROPERTY OWNER:
Grand Communities LLC
3940 Olympic Boulevard, Suite 400
Erlanger, KY 41018

PARCEL IDs:
0833400052
REQUEST:
A request by MSP Design, on behalf of property owner Grand Communities LLC, for
approval of a Final Plat for Renaissance, Section 14.
PROPERTY BACKGROUND:
The Renaissance I proposes a total of 283 single family lots with 17 of the single family
homes in Section 14 planned development subdivision. The zoning district is R-3,
Medium-Density Residential Zoning District. In total, Renaissance I & II propose 545
single family homes combined. The most recent amendment for the Renaissance I
Preliminary Development Plans was approved by Planning Commission in June 2015.
The Preliminary Development Plans for Renaissance Subdivision were approved for
changes in street alignments, reduction of lot sizes and widths, and increases in open
spaces. Section 14 will feature Fischer’s Masterpiece Home Collection as the
architectural style of the single-family dwellings. The Renaissance I & II are under the
same homeowners association and will share certain amenities. Fitness trails at the
shared open spaces will also link the Renaissance subdivisions.
The currently approved final development plan established the following minimum site
development standards within the planned development district:
• Front yard setback: 30’
• Side yard setback: 5’ with a permitted encroachment of 3’ for projections and a
minimum separation of 10’ between structures.
• Rear yard setback: 40’ for perimeter single-family boundary lots, 30’ for all other
single-family lots, and 20’ for patio home lots.
• At least two parking spaces, exclusive of garage space, will be provided for each
home site.
STAFF ANALYSIS:
The applicant proposes review and approval of the final plat for Section 14 of the major
subdivision which equates to a total of 17.1182 acres. The final plat of Section 14
creates a total of 20 parcels: 17 parcels for the single-family residential dwellings

Page 22 of 98

approved in the final development plan (5.4638) and 3 parcels of open space for the
development (10.3872). The remaining acreage of the development, 1.2672 acres, is to
be dedicated as right-of-way with as public streets a continuation of Sheldon Close and
connection of Long Meadow Drive, with a 50’ width of right-of-way.
The final plat will feature a number of easements, including stream mitigation
easements, stormwater management easement, 15’ utility easement, sanitary sewer
easement, 3’x5’ utility easement, 3’x10’ utility easement, 2’x10’ utility easement, 20’
private drainage easement, 15’ sanitary easement, 20’ storm sewer easement, and
previously recorded easements.
The proposed final plat aligns with the approved final development plan.
PLANNING COMMISSION RECOMMENDATION:
The final plat was approved by Planning Commission on November 13, 2024. Following
approval of the proposed plat by the City Planning Commission, the plat must be adopted
and endorsed by City Council prior to recording.
ALTERNATIVES:
Reject the final plat, in which the final plat is not able to be recorded and the
construction of the single-family dwellings cannot continue.
FINANCIAL IMPACT:
None.
EMERGENCY/NON-EMERGENCY:
Consent Agenda.
REVIEW CRITERIA FOR MAJOR SUBDIVISIONS:
In order to approve a major subdivision, the Planning Commission and City Council, as
appropriate, shall determine the following:
1. That the major subdivision complies with all applicable provisions of this code;
2. That the major subdivision does not conflict with other regulations, plans, or
policies of the City;
3. That applicable review agencies have no objections that cannot be resolved by
the applicant; and
4. That the final plat and construction drawings conform to the approved preliminary
plat, if submitted and approved.
ATTACHMENTS:
Final plat.

Page 23 of 98

MOTION
AGENDA

Page 24 of 98

STAFF REPORT
For the Business Meeting of November 03, 2026

DATE:

October 27, 2025

TO:

Ashley Combs, City Manager

FROM:

Chris Klug, Fire Captain

UNIVERSAL SUIT TESTER

PURPOSE
The purpose of this report is to request City Council approval to accept a $2,500 grant
from the TRANSCAER HazMat Team Response Fund, administered by CHEMTREC, to
purchase a Universal Suit Tester for the Division of Fire’s HazMat 81 team. This
equipment will support the testing and maintenance of hazardous materials protective
suits, helping ensure the safety and readiness of our HazMat personnel.
BACKGROUND and FINDINGS
The Middletown Division of Fire’s HazMat 81 team is one of three hazardous materials
response teams in the Butler County HazMat Co-op, serving Butler and Warren Counties.
The team maintains Level A vapor-protective suits for use during high-risk hazardous
materials incidents. These suits require periodic pressure testing to verify their integrity,
identify potential damage, and ensure the safety of emergency responders. Applicable
industry standards and manufacturer recommendations call for testing at least annually
and following each deployment or use.
Currently, the Division of Fire does not own a suit tester and relies on the Butler County
Emergency Management Agency (EMA) to provide testing equipment when available.
This arrangement can delay required testing and limit the department’s ability to ensure
its protective equipment is ready for immediate deployment.
To address this need, the Division of Fire recommends purchasing a Universal Suit Tester
(Universal Pressure Test Kit). This self-contained, portable unit does not require an
external air supply and will allow department personnel to conduct required annual testing
and post-deployment integrity checks in-house. Acquiring this equipment will reduce
reliance on outside agencies, improve operational readiness, and support the proper
maintenance of critical protective equipment.

Page 25 of 98

The Middletown Division of Fire applied for and was awarded a $2,500.00 grant through
the TRANSCAER Hazmat Team Response Fund, funded by TRANSCAER corporate
members and administered by CHEMTREC. The grant will support the purchase of the
Universal Pressure Test Kit for the HazMat 81 team. No additional City funding is required
for the purchase.
Purchase will enhance firefighter safety, strengthen the Division of Fire’s hazardous
materials response capabilities, and improve readiness to serve Middletown and the
surrounding communities within the regional response area.
FINANCIAL IMPACT
Funding for the Universal Pressure Test Kit will be provided through the $2,500.00
TRANSCAER Hazmat Team Response Fund grant award administered by CHEMTREC.
No additional City funds are required.
ALTERNATIVES
1. Decline the grant and purchase of the Universal Suit Tester
2. Delay the purchase of the Universal Suit Tester

RECOMMENDATIONS
The City Manager and Fire Chief recommend that City Council approve acceptance of
the $2,500.00 TRANSCAER Hazmat Team Response Fund grant.
EMERGENCY/NON EMERGENCY
Non-Emergency
cc: Sam Zimmerman, Finance Director
Julie Klehamer, Law
Brian Wright, Fire Chief
Amy Schenck, Clerk of Council

Page 26 of 98

STAFF REPORT
For the business meeting of November 3rd, 2026

_____________________________________________________________________________
DATE:

October 28, 2026

TO:

Ashley Combs, City Manager

FROM:
PREPARED BY:

Jacob Schulte, CED Director
Luke Modesto, Community & Economic Development Program Manager
Illyrianos – Equipment Lease Agreement

PURPOSE
To authorize the City Manager to enter into an Equipment Lease Agreement with Illyrianos,
allowing the business to utilize existing City-owned restaurant equipment and assets at 6 S. Broad
Street.
BACKGROUND AND FINDINGS
Illyrianos is opening a new Italian restaurant at the former Primo’s location at 6 S. Broad Street,
Middletown. To support the tenant’s investment, the City proposes entering into an equipment
lease agreement that will allow the business to use existing kitchen equipment, furniture, fixtures,
and other restaurant assets that remained at the facility after Primo’s closure.
Originally purchased through a forgivable loan program with the prior tenant, these assets can be
put back into productive use as Illyrianos prepares to begin operations. The agreement includes a
nominal lease payment of $1.00 and allows the tenant to assume ownership of equipment through
repairs or upgrades, encouraging continued reinvestment in the property while supporting the
successful launch of the new restaurant.
ALTERNATIVES
Alternatives include the following:
1. Enter into Lease Agreement
2. Revise Lease Agreement
3. Decline Lease Agreement
FINANCIAL IMPACTS
No Financial Impact
Motion Agenda Item
ATTACHMENTS
- Illyrianos Equipment Lease Agreement

Page 27 of 98

EQUIPMENT LEASE AGREEMENT
THIS EQUIPMENT LEASE (this “Agreement”) is entered into as of _______________,
2026 (the “Effective Date”), by and between the CITY OF MIDDLETOWN, OHIO, an Ohio
municipal corporation, (“Lessor”), and ILLYRIANOS, an Ohio limited liability company
(“Lessee”).
WITNESSETH
WHEREAS, the Lessor is the owner of certain equipment, fixtures, furniture, small
equipment/tools, and utensils (collectively, the “Equipment”), as more particularly described in
Exhibit A attached hereto and incorporated herein by reference;
WHEREAS, the Lessee is a restaurant business that intends to operate at the Premises;
WHEREAS, the Lessor desires to lease the Equipment to the Lessee, and the Lessee
desires to lease the Equipment from the Lessor, on the terms and conditions set forth herein; and
WHEREAS, the Parties desire to establish a mechanism by which ownership of leased
Equipment may transfer to the Lessee upon the Lessee’s completion of repairs or replacements
necessary to restore such Equipment to operational condition.
NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth
herein and for other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the Parties agree as follows:
1. LEASE OF EQUIPMENT
Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor the Equipment.
2. TERM
2.1 Initial Term. The initial term of this lease shall commence on the Effective Date and
shall expire six (6) months from the Effective Date, unless earlier terminated in accordance
with the provisions of this Agreement (the “Initial Term”). As used in this Agreement, the
“Term” means the Initial Term together with any Renewal Term (as defined below) that
becomes effective pursuant to Section 2.2.
2.2 Extension Option. Provided that no Event of Default has occurred and is continuing,
the Lessee shall have the option to renew this Agreement, upon the expiration of the Initial
Term and upon the expiration of each Renewal Term thereafter, for successive renewal
terms of six (6) months each (each, a “Renewal Term”). The Lessee shall exercise such
option by delivering written notice of renewal to the Lessor in accordance with Section 13
not less than fifteen (15) days prior to the expiration of the then-current Initial Term or
Renewal Term, as applicable. The lease payment for each Renewal Term shall be One

Page 28 of 98

Dollar ($1.00) for the entire Renewal Term, payable on or before the first day of such
Renewal Term. Each Renewal Term shall be on the same terms and conditions set forth in
this Agreement, except as expressly provided in this Section 2.2. If the Lessee fails to
timely exercise any renewal option, such option and all subsequent renewal options shall
lapse, and this Agreement shall expire at the end of the then-current Initial Term or
Renewal Term, as applicable.
2.3 Surrender of Equipment. If this Agreement is not renewed pursuant to Section 2.2,
or upon the expiration or earlier termination of this Agreement for any reason, the Lessee
shall immediately surrender and return to the Lessor all Equipment subject to this
Agreement (excluding any Equipment whose ownership has transferred to the Lessee
pursuant to Section 5). The Lessee shall surrender the Equipment at the Premises, or at
such other location the Lessor may reasonably designate in writing, in the same condition
as when received by the Lessee, ordinary wear and tear excepted, and in compliance with
the Lessee’s maintenance obligations under Section 8.2. The Lessee shall not remove any
Equipment from the Premises in connection with such surrender without the prior written
consent of the Lessor and shall provide the Lessor and its agents reasonable access to the
Premises to inspect and take possession of the Equipment. If the Lessee fails to surrender
any Equipment as required by this Section 2.3, the Lessor may, in addition to its other
rights and remedies under this Agreement and applicable law, take immediate possession
of such Equipment, and the Lessee shall be responsible for all reasonable costs incurred by
the Lessor in recovering such Equipment. The Lessee’s obligations under this Section 2.3
shall survive the expiration or termination of this Agreement.
3. LEASE PAYMENT
In consideration of the lease of the Equipment, the Lessee shall pay to the Lessor a total lease
payment of One Dollar ($1.00) for the entire Initial Term, payable upon execution of this
Agreement, and the lease payment set forth in Section 2.2 for each Renewal Term, if any.
4. CONDITION OF EQUIPMENT; AS-IS
As-Is Condition. The equipment is leased to the Lessee on an “as-is, where-is” basis. The Lessor
makes no warranties or representations, express or implied, with respect to the equipment,
including, without limitation, any warranty of merchantability, fitness for a particular purpose, or
condition. The Lessee accepts the Equipment in its present condition.
5. OWNERSHIP TRANSFER UPON REPAIR OR REPLACEMENT
5.1 Transfer Upon Repair. Upon completion of repairs necessary to restore any item of
Equipment to operational condition, ownership of such repaired Equipment shall transfer from
the Lessor to the Lessee. For purposes of this Section, a “repair” means work necessary to
restore an item of Equipment to its operational condition. Routine cleaning, maintenance, or
addressing issues caused by accumulated debris or lack of cleaning shall not constitute a
“repair” for purposes of triggering an ownership transfer under this Section.
5.2 Transfer Upon Replacement. If the Lessee replaces any item of Equipment with a
comparable or upgraded item, ownership of the original Equipment shall transfer to the Lessee,
and the replacement item shall not be subject to the terms of this Agreement.

Page 29 of 98

5.3 Effective Date of Transfer. Ownership of any item of Equipment shall transfer to the
Lessee upon the earlier of: (a) completion of the repair necessary to restore the Equipment to
operational condition; or (b) the date the Lessee installs a replacement item. Upon transfer, the
Lessee shall have full right, title, and interest in and to such Equipment, free and clear of any
claim by the Lessor.
6. REPORTING OBLIGATIONS
6.1 Reporting of Repairs. The Lessee shall promptly report to the Lessor, in writing, any and
all repairs made to the Equipment. Such report shall include: (a) a description of the Equipment
repaired; (b) the nature of the repair performed; (c) the date the repair was completed; and (d)
the cost of the repair, if applicable.
6.2 Reporting of Replacements. The Lessee shall promptly report to the Lessor, in writing,
any and all replacements of Equipment. Such report shall include: (a) a description of the
Equipment replaced; (b) a description of the replacement item; (c) the date of replacement; and
(d) the cost of the replacement, if applicable.
6.3 Reporting Address. All reports required under this Section 6 shall be submitted to the
Lessor at the address set forth in Section 15 (Notices) of this Agreement.
7. LOCATION OF EQUIPMENT
The Equipment is located at the Premises and shall remain at the Premises at all times during the
Term. The Lessee shall not move, remove, or relocate any item of Equipment from the Premises
without the prior written consent of the Lessor.
8. USE AND MAINTENANCE
8.1 Permitted Use. The Lessee shall use the Equipment solely for purposes related to the
operation of the Lessee’s business at the Premises and in accordance with all applicable laws,
regulations, and manufacturer’s instructions.
8.2 Maintenance Obligations. The Lessee shall, at its sole cost and expense, maintain the
Equipment in good working order and condition (ordinary wear and tear excepted) and shall
perform all routine cleaning, maintenance, and upkeep necessary to preserve the Equipment’s
operational condition.
8.3 Alterations. The Lessee shall not make any material alterations, modifications, or
additions to any item of Equipment without the prior written consent of the Lessor, except for
repairs and replacements as described in Section 5 of this Agreement.
9. INDEMNIFICATION
The Lessee shall indemnify, defend, and hold harmless the Lessor and its officers, employees,
agents, and representatives from and against any and all claims, damages, losses, liabilities, costs,
and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) the Lessee’s
use, operation, maintenance, possession, or condition of the Equipment; (b) any injury to persons
or damage to property caused by or resulting from the Equipment while in the Lessee’s possession;
or (c) any breach of this Agreement by the Lessee.
10. DEFAULT AND REMEDIES

Page 30 of 98

10.1 Events of Default. Each of the following shall constitute an event of default (“Event of
Default”) under this Agreement: (a) the Lessee fails to make any payment when due hereunder
and such failure continues for ten (10) days after written notice; (b) the Lessee fails to perform
or observe any other obligation under this Agreement and such failure continues for thirty (30)
days after written notice from the Lessor; (c) the Lessee becomes insolvent, files for
bankruptcy, or has a receiver appointed for its assets; or (d) the Lessee abandons the Premises.
10.2 Remedies. Upon the occurrence of an Event of Default, the Lessor may, at its option and
without prejudice to any other remedy available at law or in equity: (a) terminate this
Agreement upon written notice to the Lessee; (b) take immediate possession of the Equipment
(excluding any Equipment whose ownership has transferred to the Lessee pursuant to Section
5); (c) pursue any other remedy available under applicable law.
11. ASSIGNMENT
The Lessee shall not assign, sublease, or otherwise transfer this Agreement or any interest herein,
or permit any other person or entity to use the Equipment, without the prior written consent of the
Lessor. Any attempted assignment or transfer in violation of this Section shall be null and void.
12. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of
Ohio, without regard to its conflict of laws principles. Any dispute arising under or in connection
with this Agreement shall be subject to the exclusive jurisdiction of the courts of competent
jurisdiction located in Butler County, Ohio.
13. NOTICES
All notices, requests, demands, and other communications required or permitted under this
Agreement shall be in writing and shall be deemed given when: (a) delivered personally; (b) sent
by certified mail, return receipt requested, postage prepaid; or (c) sent by recognized overnight
courier, to the following addresses:
If to the Lessor:
City of Middletown, Ohio
Community & Economic Development
1 Donham Plaza
Middletown, Ohio 45042
Attention: Luke Modesto, Program Manager
Email: [email protected]
If to the Lessee:
Illyrianos
6 S. Broad Street
Middletown, Ohio 45044
Attention: _______________

Page 31 of 98

Either Party may change its address for notices by giving written notice of such change to the
other Party.
14. ENTIRE AGREEMENT
This Agreement, including Exhibit A attached hereto, constitutes the entire agreement between the
Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous
agreements, understandings, negotiations, and discussions, whether oral or written, relating to such
subject matter.
15. AMENDMENTS
This Agreement may not be amended, modified, or supplemented except by a written instrument
signed by both Parties.
16. SEVERABILITY
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining
provisions shall continue in full force and effect. The invalid, illegal, or unenforceable provision
shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while
preserving the original intent of the Parties.
17. WAIVER
No waiver of any provision of this Agreement shall be effective unless in writing and signed by
the waiving Party. The failure of either Party to enforce any provision of this Agreement shall not
constitute a waiver of such provision or the right to enforce it at a later time.
18. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed an original, and
all of which together shall constitute one and the same instrument. Electronic signatures and
signatures transmitted by PDF shall be deemed original signatures for all purposes.
[Signature Pages Follow]

Page 32 of 98

IN WITNESS WHEREOF, the parties have executed this Equipment Lease Agreement as of the
date first written above.

LESSOR:
CITY OF MIDDLETOWN, an Ohio municipality

By: ___________________________________
Name: ________________________________
Title: ________________________________
Date: ________________________________
Approved as to Form:
By: _______________________________
Title: Law Director
LESSEE:
ILLYRIANOS, an Ohio limited liability company

By: ___________________________________
Name: ________________________________
Title: ________________________________
Date: ________________________________

Page 33 of 98

EXHIBIT A
EQUIPMENT SCHEDULE
The following items of Equipment are leased to the Lessee pursuant to the Equipment Lease
Agreement dated as of the Effective Date. All Equipment is located at the Premises (former
Primo’s location, S. Broad Street, Middletown, Ohio).
Item Description

Qty

Classification

3 Door Refrigerated Pizza Prep Table

Equipment

30” x 36” 14 Gauge Stainless Steel Commercial Work Table

Equipment

Meat Grinder Attachment

Equipment

4 Drawer Top Front Breathing Refrigerated Sandwich Prep
Table

Equipment

Natural Gas Range-Mount Infra-Red Salamander Broiler

Equipment

Planetary Stand Mixer, Guard, & Standard Accessories

Equipment

Natural Gas 6 Burner 36" Range with Convection Oven

Equipment

30" Air Cooled Small Cube Ice Machine

Equipment

45-50 lb. Natural Gas Floor Fryer

Equipment

60" Pro-Bowl Soiled Dishtable

Equipment

36" Three-Tier Round Chandelier

Fixture

36" Round Chandelier

Fixture

LED Mini Pendant – Matte Black

Fixture

52" Ceiling Fan

Fixture

Ceiling Fan Downrod

Fixture

Three Light Pendant

Fixture

Armless Counter Stool Performance Linen Sand on Espresso
Walnut Frame

Furniture

Track Armchair with Stretcher in Performance Linen Sand on
Espresso Walnut Frame

Furniture

Armless Side Chair with Stretcher in Performance Linen Sand
on Espresso Walnut Frame

Furniture

3 Tier Rolling Bar Cart – White

Furniture

3 Tier Rolling Bar Cart – Black

Furniture

Console Table – Gold

Furniture

Equipment

Fixtures

Furniture

Small Equipment / Tools

Page 34 of 98

28 Qt. Standard Weight Aluminum Brazier

Small Equipment/Tool

10 Qt. Stainless Steel Sauce Pan

Small Equipment/Tool

6 Qt. Stainless Steel Sauce Pan

Small Equipment/Tool

6" Deep Anti-Jam Stainless Steel Steam Table / Hotel Pan

Small Equipment/Tool

22 Qt. Clear Square Polycarbonate Food Storage Container

Small Equipment/Tool

22 Qt. Blue Square Polyethylene Food Storage Container Lid

Small Equipment/Tool

2 1/2" Deep 24 Gauge Anti-Jam Stainless Steel Steam Table /
Hotel Pan

Small Equipment/Tool

2 1/2" Deep Anti-Jam Stainless Steel Steam Table / Hotel Pan

Small Equipment/Tool

18 Qt. Clear Square Polycarbonate Food Storage Container

Small Equipment/Tool

18 Qt. Blue Square Polyethylene Food Storage Container Lid

Small Equipment/Tool

8 Qt. Clear Square Polycarbonate Food Storage Container

Small Equipment/Tool

8 Qt. Red Square Polyethylene Food Storage Container Lid

Small Equipment/Tool

4 Qt. Clear Square Polycarbonate Food Storage Container

Small Equipment/Tool

Green Square Polyethylene Food Storage Container Lid

Small Equipment/Tool

4" Deep 24 Gauge Anti-Jam Stainless Steel Steam Table / 24
Hotel Pan

Small Equipment/Tool

6" Deep 24 Gauge Anti-Jam Stainless Steel Steam Table / 24
Hotel Pan

Small Equipment/Tool

4" Deep Anti-Jam Stainless Steel Steam Table / Hotel Pan

Small Equipment/Tool

6" Deep 24 Gauge Anti-Jam Stainless Steel Steam Table / 24
Hotel Pan

Small Equipment/Tool

Plate/Tray Peg Rack

Small Equipment/Tool

Flatware Rack

Small Equipment/Tool

8" O.C. Splash Mount

Small Equipment/Tool

20" x 20" Dish Table Pre-Rinse Basket

Small Equipment/Tool

6" x 5" Heavy-Duty Square Edge Turner

Utensil

1/2" High Heat Silicone Spatula

Utensil

1/2" High Heat SoftSpoon Silicone Spoonula

Utensil

10" High Heat SoftSpoon Silicone Spoonula

Utensil

9 1/2" Heavy-Duty Stainless Steel Utility Tong

Utensil

12" Heavy-Duty Stainless Steel Utility Tong

Utensil

16" Heavy-Duty Stainless Steel Utility Tong

Utensil

Utensils

0058126.0802829 4912-5290-0311v3

Page 35 of 98

LEGISLATION
ITEM 1

Page 36 of 98

ORDINANCE NO. O2026-59
AN ORDINANCE AUTHORIZING A CHANGE ORDER TO THE CONTRACT WITH
BURGESS & NIPLE, INC. TO ACT AS THE VAP MANAGER FOR THE DEMOLITION
OF THE MIDDLETOWN PAPERBOARD SITE AND DECLARING AN EMERGENCY.
WHEREAS, City Council approved a contract with Burgess & Niple, Inc. (“B&N”)
by Ordinance No. O2023-28, adopted on April 4, 2023, for the demolition of the site
known as Middletown Paperboard; and
WHEREAS, City Council approved Change Order 1 by Ordinance No. O202531, adopted on May 20, 2025 for additional work beyond the original scope was
necessary due to conditions encountered during the demolition; and
WHEREAS, unexpected events, delays and revisions to the VAP program
guidelines have led to cost overruns and the submission of Change Order 2 in the
amount of $104,500.00; and
WHEREAS, with this change order, the total cost of the VAP Manager services
contract will be $676,300.00;
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 execute a second change order with B&N.
The change order is attached hereto as Exhibit “A”. The change order shall be
substantially similar to the exhibit and be in a form approved by the Law Director.
Section 2
The Finance Director is hereby authorized and directed to expend an additional
sum not to exceed $104,500.00 from the Property Development 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 Ohio Revised Code Chapter 735 shall not be
applicable to the award and execution of the aforesaid contract.

Page 37 of 98

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
authorize the immediate expenditure of funds so that the contractor can be paid for
completed work and the remaining work without delay, and shall be in full force and
effect from the date of its adoption.

___________________________
Elizabeth Slamka, Mayor

Adopted:____________

Attest: _________________________
Clerk of City Council
H:/Law/leg/2026 Leg/O Burgess & Niple Change Order 2 (Paperboard)

Page 38 of 98

EXHIBIT "A"

Page 39 of 98

STAFF REPORT
For the business meeting of October 6th, 2026

______________________________________________________________________________
DATE:

September 17, 2026

TO:

Ashley Combs, City Manager

FROM:
PREPARED BY:

Jacob Schulte, CED Director
Luke Modesto, Program Manager
Legislation Approving a Contract Amendment
with Burgess and Niple

PURPOSE
The proposed legislation approves a supplemental appropriation and contract amendment with
Burgess and Niple for professional services related to the environmental remediation of the
Paperboard Site.
BACKGROUND AND FINDINGS
The City entered into a professional services agreement with Burgess and Niple in March of 2023.
The firm was engaged to provide environmental engineering and assessment services related to
the demolition and remediation of the Paperboard site. The original contract amount was $442,500.
In May of 2025, an addendum was requested and approved to perform additional work beyond the
initial scope of services based on conditions encountered in the field. This addendum with Burgess
and Niple was for $233,800.00, bringing the total contracted amount to $676,300.00.
As the project has progressed, unexpected events, delays, and revisions to the Voluntary Action
Program (VAP) guidelines have led Burgess and Niple to request a second addendum. The
addendum will cover cost overruns and the services necessary to secure a VAP No Further Action
(NFA) Letter and complete the project.
Even with the added consultancy costs, the remaining grant funding is sufficient to cover both the
cost of final remediation and the additional costs. That being the case, staff recommends approval
of this addendum with the understanding that it will be the City’s final addendum with Burgess
and Niple for the Paperboard project.
FINANCIAL IMPACT
The proposed addendum amount is $104,500.00 and would be charged to account number
499.990.54400. The City intends to leverage grant funding from the Ohio Department of
Development Brownfield Remediation Program to reimburse eligible project costs, which will be
refunded to the Property Development Fund.
ALTERNATIVES
City Council may elect to not move forward with the proposed legislation which may result in a
delayed receipt of a NFA Letter.
1

Page 40 of 98

EMERGENCY/NON-EMERGENCY
Second Reading Emergency - Staff requests Council’s consideration of passing this measure as a
second reading emergency measure so that the legislation may be passed and in effect to not delay
further work toward an NFA Letter.
ATTACHMENTS
- Burgess & Niple Addendum #2

Page 41 of 98

LEGISLATION
ITEM 2

Page 42 of 98

RESOLUTION NO. R2026-28
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, 2026. (GENERAL FUND – FIRE DONATION)
BE IT RESOLVED, by the City Council of the City of Middletown, Butler/Warren
Counties, Ohio that:
Section 1
The following sum is hereby appropriated from the General Fund of the City to
accounts of the City for the purposes herein described as follows:
FROM: Unappropriated General Fund (Fund # 100)
TO:
Drugs/Medical Supplies, Account 100.212.53220
TOTAL GENERAL FUND

$10,000.00
$10,000.00
$10,000.00

Section 2
The Finance Director is hereby authorized to draw 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 wage
except to persons employed by authority of and in accordance with law or ordinance.
Section 3
All legislation inconsistent herewith is hereby repealed.
Section 4
This Resolution shall take effect on the earliest date permitted by law.

_____________________________
Elizabeth Slamka, Mayor
1st Reading: _________
2nd Reading: _________
Adopted: _________
Effective: _________
Attest: _______________________
Clerk of the City Council
H:/Law/leg/2026 leg/r Supp Approp (General – Fire Donation)

Page 43 of 98

STAFF REPORT
For the Business Meeting of October 20, 2026

DATE:

October 12, 2026

TO:

Ashley Combs, City Manager

FROM:

Brian Wright, Fire Chief

Atrium Foundation – Fire Supplemental

PURPOSE
The purpose of this report is to request City Council approval of a supplemental
appropriation of donated funds awarded to the Middletown Division of Fire for the
purchase of equipment and implementation of a pilot program allowing Middletown Fire
EMS providers to carry whole blood for emergency patient care.
The Middletown Division of Fire was awarded $10,000.00 through the Atrium Medical
Foundation to purchase the necessary equipment and support the implementation of the
whole blood pilot program. This request is to appropriate the $10,000.00 in donated funds
into the appropriate Division of Fire account to support the purchase of equipment and
associated costs of the pilot program.
BACKGROUND and FINDINGS
The Middletown Division of Fire routinely responds to traumatic injuries and other medical
emergencies where rapid treatment can be critical to patient survival. The addition of
prehospital whole blood will provide Middletown Fire paramedics with an advanced
treatment option for patients experiencing life-threatening blood loss, allowing blood
replacement to begin in the field before arrival at the hospital.
This capability will benefit both the Middletown community and surrounding mutual aid
jurisdictions by providing an additional life-saving resource during critical incidents.
Implementing whole blood is consistent with the continued advancement of prehospital
medicine and will help keep Middletown Fire EMS at the forefront of modern, evidencebased emergency medical care.
The Middletown Division of Fire was awarded $10,000.00 through the Atrium Medical
Foundation to purchase the necessary equipment and support implementation of the pilot
program. The requested supplemental appropriation will place these donated funds into

Page 44 of 98

the appropriate Division of Fire account to support the equipment purchase and
associated program costs.
FINANCIAL IMPACT
The Middletown Division of Fire was awarded $10,000.00 through the Atrium Medical
Foundation to support the purchase of equipment and implementation of the whole blood
pilot program. A $10,000.00 supplemental appropriation is requested to appropriate the
donated funds into the appropriate Division of Fire account.
The supplemental appropriation will allow the City to properly recognize and account for
the donated funds and provide the necessary funding to support the implementation of
the whole blood program.
ALTERNATIVES
1. Approve the supplemental appropriation of $10,000.00 to the Middletown Division
of Fire's budget (100.212.53220) to properly recognize and account for the Atrium
Medical Foundation funds awarded for the whole blood pilot program.
2. Decline the supplemental appropriation, leaving the donated funds
unappropriated within the City's accounts and delaying implementation of the
whole blood program.
3. Postpone the supplemental appropriation, delaying the proper recognition and
accounting of the awarded funds and the implementation of the whole blood pilot
program.
RECOMMENDATIONS
The City Manager and Fire Chief recommend that City Council approve the $10,000.00
supplemental appropriation of funds awarded through the Atrium Medical Foundation to
the Middletown Division of Fire's appropriate budget account to support the
implementation of the whole blood pilot program.
EMERGENCY/NON EMERGENCY
Non-Emergency – The requested supplemental appropriation is to recognize and
appropriate the $10,000.00 in donated funds awarded through the Atrium Medical
Foundation for the Middletown Division of Fire's whole blood pilot program. The funds will
support the purchase of necessary equipment and implementation costs associated with
the program and do not require additional City funding beyond the donated funds.
cc: Ashley Combs, City Manager
Sam Zimmerman, Finance Director
Julie Klehamer, Law
Amy Schenck, Clerk of Council

Page 45 of 98

LEGISLATION
ITEM 3

Page 46 of 98

RESOLUTION NO. R2026-29
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH THE OHIO DEPARTMENT OF TRANSPORTATION FOR
IMPROVEMENTS TO A PORTION OF STATE ROUTE 122 FROM JACKSON LANE
TO THE GRAND AVENUE / ROOSEVELT BOULEVARD SPLIT, REPEALING
RESOLUTION NO. R2026-24, AND DECLARING AN EMERGENCY.
Agreement No. 43481
PID No. 120571
BUT SR 122 9.64
WHEREAS, the City (hereinafter “LPA”) has determined the need for
improvements to a portion of State Route 122 from Jackson Lane to the Grand Avenue
/ Roosevelt Boulevard split in the City of Middletown; and
WHEREAS, being in the public interest, the LPA gives consent to the Director
of Transportation to complete the above described project as detailed int eh LPAODOT-Let Agreement to be entered into by the parties; and
WHEREAS, Section 5501.03(D) of the Ohio Revised Code provides that the
Director of the Ohio Department of Transportation (ODOT) may coordinate the
activities of the Department with other appropriate public authorities and enter into
contracts with such authorities as necessary to carry out its duties, powers and
functions; and
WHEREAS, the FY2027 Urban Paving Project (hereinafter “the project”) is a
transportation activity eligible to receive federal/state funding; and
WHEREAS, the LPA has received funding approval for the project listed above
from the ODOT Program Manager having responsibility for the federal/state funds
involved; and
WHEREAS, it is the mutual desire of both ODOT and the LPA to have the LPA
serve as the responsible lead agency for the administration of the project;
NOW, THEREFORE, 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 an agreement with the Ohio
Department of Transportation for funding to be used for the project. The agreement
shall be in a form and substance substantially similar to Exhibit “A”, attached hereto
and be approved by the Law Director.

Page 47 of 98

Section 2
Resolution No. R2026-24, approved October 6, 2026, for the same project is
hereby repealed in its entirety and replaced by this resolution.
Section 3
This resolution is declared to be an emergency measure necessary for the
immediate preservation of the public health, safety and general welfare, to wit: to allow
the agreement to be signed as soon as possible to maintain ODOT’s project schedule
and shall be in full force and effect from the date of its adoption.

___________________________
Elizabeth Slamka, Mayor

Adopted:____________

Attest: _________________________
Clerk of City Council
H:\Law\leg\2026 leg\r ODOT 2027 Urban Paving - Reapproval

Page 48 of 98

EXHIBIT "A"
Agreement Number: 43481
PID Number: 120571
County-Route-Section: BUT SR 122 9.64
SAM Unique Entity ID: EV2KZRA4MTM3

LPA FEDERAL ODOT-LET PROJECT AGREEMENT
THIS AGREEMENT is made by and between the State of Ohio, Department of Transportation,
(ODOT), 1980 West Broad Street, Columbus, Ohio 43223 and the City of Middletown, 1 Donham Plaza,
Middletown, Ohio 45042 (LPA).

1. PURPOSE
1.1

The National Transportation Act has made available certain Federal funding for use by local public
agencies. The Federal Highway Administration (FHWA) designated ODOT as the agency in Ohio
to administer FHWA’s Federal funding programs.

1.2

Section 5501.03 (D) of the Ohio Revised Code (ORC) provides that ODOT may coordinate its
activities and enter into contracts with other appropriate public authorities to administer the design,
qualification of bidders, competitive bid letting, construction, inspection, and acceptance of any
projects administered by ODOT, provided the administration of such projects is performed in
accordance with all applicable Federal and State laws and regulations with oversight by ODOT.

1.3

The FY2027 Urban Paving in the City of Middletown on a portion of US 122 (PROJECT) is a
transportation activity eligible to receive Federal funding, and which is further defined in the
PROJECT scope.

1.4

The purpose of this Agreement is to set forth requirements associated with the Federal funds
available for the PROJECT and to establish the responsibilities of ODOT and the LPA for
administration of the PROJECT.

2. LEGAL REFERENCES AND COMPLIANCE
2.1

This Agreement is authorized and/or governed by the following statutes and/or policies, which are
incorporated, by reference, in their entirety:
A.

FEDERAL
• 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards;
• 23 CFR 1.33 – Conflicts of Interest
• 23 CFR Part 172 Procurement, Management and "Administration of Engineering
and Design Related Service"
• 23 CFR 630.106 – Authorization to Proceed
• 23 CFR 636.116 – What Organizational Conflict of Interest Requirements Apply to
Design-Build Projects?
• 23 CFR Part 645 - Utilities
• 48 CFR Part 31 – Contract Cost Principles and Procedures
• 49 CFR Part 26 - Participation by Disadvantaged Business Enterprises in
Department of Transportation Financial Assistance Programs

Page 1 of 14
Revision Date 08/27/2026

Page 49 of 98

•
•
•

2.2

23 USC § 112 Letting of Contracts
40 USC §§ 1101-1104, – “Selection of Architects and Engineers”
Federal Funding Accountability and Transparency Act (FFATA)

STATE
• ORC 102.03
• ORC 153.65 -153.71
• ORC 5501.03(D)
• ORC 2921.42 and 2921.43
• Ohio Administrative Code 4733-35-05

ODOT
•
•
•
•
•

ODOT’s Manual for Administration of Contracts for Professional Services
ODOT’s Specifications for Consulting Services – 2016 Edition
ODOT’s Consultant Prequalification Requirements and Procedures
ODOT’s Construction and Material Specifications Manual
ODOT’s Construction Administration Manual of Procedures

The LPA shall comply with all applicable Federal and State laws, regulations, executive orders, and
applicable ODOT manuals and guidelines. This obligation is in addition to compliance with any
law, regulation, or executive order specifically referenced in this Agreement.

3. FUNDING AND PAYMENT
3.1

The total cost for the PROJECT associated with Federal funds is estimated to be $3,100,681.00.
ODOT shall provide to the LPA 80 percent of the eligible costs, utilizing Spending Authority Code
(SAC) 4PF7 SYSTEM PRESERVATION (Assistance Listing Number: 20.279 National Highway
Performance Program,) up to a maximum of $1,435,500.00 in Federal funds in the Construction
Contract phase(s)/subphase(s). The funding does not include Toll Revenue Credit or Credit Bridge.
This maximum amount reflects the funding limit for the PROJECT set by the applicable SAC
Program Manager

3.2

If after execution of this Agreement, FHWA notifies ODOT that the ALN for the PROJECT is
different than the ALN listed in 3.1 above, ODOT shall change the ALN to comply with the
requirements of 2 CFR 200.332 and provide notice in writing or by email of the new ALN pursuant
to 15.1 of this Agreement.

3.3

The LPA shall provide all other financial resources necessary to fully complete the PROJECT,
including all 100% Locally funded work, and all cost overruns and contractor claims in excess of
the maximum(s) indicated in 3.1 above.

3.4

The LPA is administering the Federally funded Construction Contract/Construction Inspection
phase(s)/subphase(s) of the PROJECT and is therefore considered a subrecipient of Federal funds
and is responsible for reporting the applicable Federal expenditures (including any Toll Revenue
Credit or Credit Bridge) on their Schedule of Expenditures of Federal Award.

3.5

The LPA shall be responsible for the cost of all change orders or extra work contracts that it is
notified of in 9.2 below. The LPA shall remit payment within thirty (30) days of receipt of an invoice
regardless of any balance the LPA has on deposit with ODOT.

Page 2 of 14
Revision Date 08/27/2026

Page 50 of 98

3.6

Payment or reimbursement to the LPA shall be submitted to:
City of Middletown
1 Donham Plaza
Middletown, Ohio 45042

4. PROJECT DEVELOPMENT
4.1

The LPA and ODOT agree that the LPA has received funding approval for the PROJECT from the
applicable ODOT Program Manager having responsibility for monitoring such projects using the
Federal funds involved.

4.2

Project Development shall follow ODOT’s Project Development Process and all ODOT standards
for environmental evaluations, design, plan preparation, R/W acquisition, utility relocation and other
processes as set out in ODOT’s Design Reference Resource Center, available on ODOT’s website
https://www.transportation.ohio.gov/working/publications. Responsibilities for development of the
PROJECT shall be as follows and further described herein:

LPA ODOT Let Project Responsibility Assignments
PDP Phase

Activity

LPA

ODOT

Planning
X
All
Preliminary
Engineering
X
All
X
Stage 1 Plans
X
Stage 2 Plans
Environmental
Engineering

Value
Engineering
Cost Estimates

X
X
X

NEPA

Commentary
ODOT to provide coordination as
needed. ODOT will program the
project in Ellis and get the project
added to the STIP.
ODOT to:
1) Provide coordination as
needed
2) Review all plans and
documents and provide
comments
ODOT to review all plans and
documents
and
provide
comments.
ODOT to review all plans and
documents
and
provide
comments.
ODOT will coordinate Value
Engineering if required. Refer to
Section 5.2.
LPA/Consultant shall prepare a
project estimate
ODOT will coordinate NEPA
approval. Refer to Section 5 for
Environmental Responsibilities.

Page 3 of 14
Revision Date 08/27/2026

Page 51 of 98

Permits
X
R/W Plans
Public/Stakehol
der
X
Involvement
(PI)
R/W
Acquisition & X
Relocation

Refer to Section 7 for detailed
requirements.

X
Utility
Relocation
Railroad
Coordination
and
Agreements

X
Final Engineering Stage 3 Plans
& R/W
Cost Estimates
Final
Package

Plan X

Endangered
Species
Mitigation

Stream
and
Wetland
X
Mitigation

PI
Construction

X
X

Advertise
Award

ODOT will obtain permits needed
to construct the PROJECT.
ODOT to review all plans and
documents
and
provide
comments.
ODOT to review all PI plans and
materials and provide comments.

Refer to Section 7.6 for additional
details. [Change the responsibility
for Utility Relocation to the LPA
and revise Section 7.6 accordingly
if the LPA will be responsible]
Refer to Section 7.8 for additional
details.

ODOT to review all plans and
documents
and
provide
comments.
LPA shall prepare in Estimator
format.
ODOT to review all plans and
documents
and
provide
comments.
ODOT is responsible for Endangered
Species Act mitigation requirements
(bat mitigation) and the needed
mitigation for ESA impacts.
The LPA is responsible for obtaining
the necessary stream and wetland
mitigation. This is typically acquired
through mitigation bank or in-lieu fee
credit purchases

ODOT to review all PI plans and
materials and provide comments.
LPA and consultants to assist in
responding to bidder questions
and preparation of any addenda.
ODOT Awards Committee
Page 4 of 14

Revision Date 08/27/2026

Page 52 of 98

Administer
Construction
Contract
PI

All Phases

Federal
Authorizations
Encumbrance
of Funds

X
X

ODOT
will
administer
the
construction contract. The LPA and
LPA’s consultants shall respond
promptly
to
requests
for
information or other construction
issues.
ODOT
to
coordinate
in
cooperation with the LPA.
ODOT will coordinate and obtain
all needed FHWA Authorizations
and notify the LPA upon approval.
ODOT will encumber funds in
accordance with this Agreement.

4.3

The LPA shall designate an LPA employee to act as the LPA Project Manager and act as the point
of contact for all communications with ODOT.

4.4

If Federal funds are used for a phase of project development and the LPA executes an agreement
with a consultant prior to the receipt of the “Authorization” notification from ODOT, ODOT may
terminate this Agreement and cease all Federal funding commitments.

4.5

ODOT reserves the right to move this PROJECT into a future sale year if the LPA does not adhere
to the established PROJECT schedule, regardless of any funding commitments.

5. ENVIRONMENTAL RESPONSIBILITIES
5.1

5.2

General Requirements
A.

In the administration of this PROJECT, the LPA shall be responsible for conducting any
required public involvement activities, for preparing all required documents, reports and
other supporting materials needed for addressing applicable environmental assessment,
for clearance responsibilities for the PROJECT pursuant to the National Environmental
Policy Act (NEPA) and related regulations, including but not limited to the requirements of
the National Historic Preservation Act.

Whichever party obtains the Project’s environmental clearance or permit shall be
responsible for assuring compliance with all commitments made as part of such clearance
or permit requirements during the construction of the PROJECT.

The LPA shall require its consultant to prepare a final environmental document pursuant
to the requirements of NEPA.

Use of ODOT Consultant Agreements
ODOT may provide services through ODOT held consultant agreements at its discretion subject to funding
participation by the LPA. Agreements that may be available for use.

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6.
6.1

6.2

CONSULTANT SELECTION AND ADMINISTRATION
General Requirements
A.

The LPA must select a consultant/ consultant team who is prequalified by ODOT for all
services to be performed by the consultant(s) and subconsultant(s).

The LPA consultant agreement must incorporate ODOT's "Specifications for Consulting
Services – 2016 Edition." as a contract document.

The LPA consultant agreement shall require, as a scope of services clause, that project
development follow ODOT’s Project Development Process, and that all documents and
plans prepared by the consultant must conform to ODOT's current standards, including the
electronic deliverable requirements of ODOT’s CADD Engineering Standards Manual, and
Location and Design Manual Volume 3, Section 1600.

The LPA consultant agreement shall require ongoing consultant involvement during the
construction phase of the PROJECT.

The LPA consultant agreement shall require a completion schedule acceptable to ODOT.

The LPA must assist ODOT in rating the consultant's performance through ODOT's
Consultant Evaluation System.

The LPA must cooperate with ODOT in directing additional or corrective work, and to
recover damages due to errors or omissions.

The LPA consultant agreement shall require its consultant to execute a copy of a disclosure
statement specifying that the consultant has no financial or other interest in the outcome
of the PROJECT and shall execute the Conflict of Interest Disclosure Form specifying that
there is no conflict of interest.

If Federal funds are used to pay the cost of any contract for professional services, the LPA
must comply with 23 CFR 172, ORC 153.65 through 153.71 and Sections 6.2 and 16.3
below in the selection of consultants and must administer consultant agreements in
accordance with ODOT’s Manual for Administration of Contracts for Professional Services.
Professional services, as defined in ORC 153.65(C) and 5526.01 include the practice of
engineering including inspection of construction, the practice of surveying, the practice of
architecture including landscape architecture, the evaluation of environmental impacts, the
acquisition of R/W, and administration of construction contract claims.

The LPA shall either designate an LPA employee, who is a registered professional engineer, to act
as the Project Design Engineer and serve as the LPA’s principal representative for attending to
project responsibilities or engage the services of a pre-qualified ODOT consultant, who has been
chosen using a Qualification-Based Selection (QBS) process, as required pursuant to ORC 153.65
through 153.71. The pre-qualified list is available on the ODOT website at: Consultant Services |
Ohio Department of Transportation.

7. RIGHT-OF-WAY/UTILITIES/RAILROAD COORDINATION
7.1

All R/W Acquisition activities shall be performed by the LPA in accordance with the Uniform
Relocation Assistance and Real Property Acquisition Act of 1970 (Public Law 91-646) as amended
by 49 CFR Part 24 (Uniform Act), any related Federal regulations issued by the FHWA, and any
rules, policies and procedures issued by ODOT.
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7.2

If existing and/or newly acquired R/W is required for this PROJECT, the LPA shall certify that all
R/W has been acquired in conformity with Federal and State laws, regulations, policies, and
guidelines. Per ODOT’s Office of Real Estate, any LPA staff who performs real estate functions
shall be qualified to perform the work. If the LPA does not have the qualified staff to perform any of
the respective R/W functions, the LPA shall hire an ODOT Pre-qualified Consultant through a QBS
process. The LPA shall not hire the same consultant to perform both the Appraisal and Appraisal
Review functions. Appraisal Review shall be performed by an independent staff or fee reviewer
and shall be hired directly by the LPA.

7.3

All Relocation Assistance activities shall be performed by the LPA in conformity with Federal and
State laws, including the Uniform Act, and any related Federal regulations issued by the FHWA,
and rules, policies and procedures issued by ODOT. The LPA shall not hire a consultant to perform
both the Relocation and Relocation Review functions, nor shall the LPA hire a sub-consultant for
Relocation and another sub-consultant for Relocation Review. Relocation Review shall be
performed by an independent staff person or independent fee reviewer and shall be hired directly
by the LPA.

7.4

If the LPA hires a pre-qualified consultant, the LPA shall be responsible for monitoring the
consultant’s activities and ensuring that the consultant is following all Federal and State laws,
regulations, policies, and procedures.

7.5

The LPA shall provide the ODOT District Office with its LPA Certification of Right of Way Control
Letter, certifying that all R/W property rights necessary for the PROJECT are under the LPA’s
control, that all R/W has been cleared of encroachments, and that utility facilities have been
appropriately relocated, or accounted, for so as not to interfere with project construction activities.
ODOT shall make use of the LPA’s Certification of Right-of-Way Control Letter, as well as evaluate
the LPA’s and/or consultant’s performance of the project real estate activities under Titles II and III
of the Uniform Act and, as appropriate, certify compliance to FHWA. The LPA shall be liable to
repay to ODOT all of the Federal funds disbursed to it under this Agreement if the certification of
the LPA is found to be in error or otherwise invalid.

7.6

In the administration of this PROJECT, the LPA agrees to follow all procedures described in
ODOT’s Utilities Manual and 23 CFR Part 645. When applicable, the LPA shall enter into a Utility
Relocation Agreement with each utility prior to the letting of construction.

7.7

The LPA shall submit all subsequent modifications to the design of the PROJECT and/or any
disposal of property rights acquired as part of the PROJECT to ODOT and FHWA for
approval. Consistent with Sections 7.1 and 7.4 of this Agreement, the LPA shall assure that, if any
property acquired for this PROJECT is subsequently sold for less than fair market value, all Title
VI of the Uniform Act requirements are included in the instrument which transfers the property.
Consistent with sections 7.1 and 7.4 of this Agreement, the LPA shall assure that if the LPA grants
a permit or license for the property acquired for this PROJECT that the license or permit require
the licensee or permit holder to adhere to all Title VI requirements.

7.8

Unless by prior written agreement, the LPA shall be responsible for any necessary railroad
coordination and agreements. The LPA shall comply with the provisions of Title 23 of the Code of
Federal Regulations and applicable chapters of the ORC regarding all activities relating to RailroadHighway projects.

7.9

No reimbursable construction costs shall be incurred by the LPA prior to the receipt of the
“Authorization to Advertise” notification from ODOT. If such costs are incurred, ODOT may
terminate this Agreement and cease all Federal funding commitments.

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8. ADVERTISING, SALE, AND AWARD
8.1

ODOT will prepare the State’s estimate and manage the advertising, sale, and award process. The
LPA and its consultant shall assist in responding to bidder questions, preparation of any addenda
and other coordination as needed. ODOT’s Awards Committee shall determine award of the
contract.

9. CONSTRUCTION CONTRACT ADMINISTRATION
9.1

ODOT will administer the construction contract in accordance with ODOT’s Construction
Administration Manual of Procedures. The LPA and its consultants shall respond promptly to
requests for information or other construction issues

9.2

ODOT shall not approve a change order or extra work contract until it gives notice, in writing, to the
LPA.

9.3

The LPA and LPA’s consultant shall assist in defending ODOT against any contractor claims.

9.4

After completion of the PROJECT, and in accordance with 23 USC 116 and applicable provisions
of the ORC, the LPA shall maintain the PROJECT to design standards and provide adequate
maintenance activities for the PROJECT, unless otherwise agreed to by ODOT. The PROJECT
must remain under public ownership and authority for 20 years unless otherwise agreed to by
ODOT. If the PROJECT is not being adequately maintained, ODOT shall notify the LPA of any
deficiencies, and if the maintenance deficiencies are not corrected within a reasonable amount of
time, ODOT may determine that the LPA is no longer eligible for future participation in any federally
funded programs.

10. CERTIFICATION AND RECAPTURE OF FUNDS
10.1

This Agreement is subject to ODOT’s determination that sufficient funds have been appropriated
by the Ohio General Assembly to the State for the purpose of this Agreement and to the certification
of funds by the Office of Budget and Management (OBM), as required by ORC 126.07. If ODOT
determines that insufficient funds have been appropriated for the purpose of this Agreement or if
the OBM fails to certify the availability of funds, this Agreement, or any renewal thereof, will
terminate on the date funding expires.

10.2

Unless otherwise directed by ODOT, if for any reason the PROJECT is not completed in its entirety
or to a degree acceptable to ODOT and FHWA, the LPA shall repay to ODOT an amount equal to
the total funds ODOT disbursed on behalf of the PROJECT, which will be due immediately. In turn,
ODOT shall reimburse FHWA an amount equal to the total sum of Federal dollars it has received
for the PROJECT. If the LPA has not repaid ODOT in full an amount equal to the total funds ODOT
disbursed on behalf of the PROJECT, any funds recovered from contractor performance and
payment bond(s) and consultant insurance shall be used to offset the Federal dollars reimbursed
to FHWA.

11. NONDISCRIMINATION
11.1

In carrying out this Agreement, the LPA shall not discriminate against any employee or applicant
for employment because of race, religion, color, sex (including pregnancy, gender identity and
sexual orientation), national origin, ancestry, age, disability as that term is defined in the American
with Disabilities Act, military status (past, present, or future), or genetic information. The LPA shall
ensure that applicants are hired and that employees are treated during employment without regard
to their race, religion, color, sex (including pregnancy, gender identity and sexual orientation),
national origin, ancestry, age, disability, military status, or genetic information. Such action shall
include, but not be limited to the following: employment, upgrading, demotion, or transfer;
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recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship.
11.2

The LPA agrees to post in conspicuous places, available to employees and applicants for
employment, notices setting forth the provisions of this nondiscrimination clause, and in all
solicitations or advertisements for employees placed by it, state that all qualified applicants shall
receive consideration for employment without regard to race, religion, color, sex (including
pregnancy, gender identity and sexual orientation), national origin, ancestry, age, disability, military
status, or genetic information. The LPA shall incorporate this nondiscrimination requirement within
all of its contracts for any of the work on the PROJECT (other than subcontracts for standard
commercial supplies or raw materials) and shall require all of its contractors to incorporate such
requirements in all subcontracts for any part of such project work.

11.3

The LPA shall not discriminate on the basis of race, color, national origin, or sex in the award of
contracts and subcontracts financed in whole or in part with Federal funds provided in conjunction
with this Agreement and in the fulfillment of DBE-related requirements set forth by ODOT. The
LPA shall take all necessary and reasonable steps under 49 CFR part 26 to ensure
nondiscrimination in the award and administration of contracts and subcontracts financed in
whole or in part with Federal funds provided in conjunction with this Agreement. ODOT’s DBE
Program, as required by 49 CFR part 26 and as approved by USDOT, is incorporated by
reference in this agreement. The fulfillment of DBE-related requirements by the LPA is a legal
obligation and failure to do so shall be treated as a violation of this Agreement.

12. DATA, PATENTS AND COPYRIGHTS - PUBLIC USE
12.1

The LPA shall ensure that any designs, specifications, processes, devices or other intellectual
properties specifically devised for the PROJECT by its consultant(s) and/or contractor(s)
performing work become the property of the LPA, and that when requested, such designs,
specifications, processes, devices or other intellectual properties shall become available to ODOT
and FHWA with an unrestricted right to reproduce, distribute, modify, maintain, and use. The LPA’s
consultant(s) and/or contractor(s) shall not seek or obtain copyrights, patents, or other forms of
proprietary protection for such designs, specifications, processes, devices, or other intellectual
properties, and in providing them to the PROJECT, shall relinquish any such protections should
they exist.

12.2

The LPA shall not allow its consultant(s) and/or contractor(s) to utilize within the development of
the PROJECT any copyrighted, patented or similarly protected design, specification, process,
device or other intellectual property unless the consultant(s) and/or contractor(s) has provided for
such use by suitable legal agreement with the owner of such copyright, patent, or similar protection.
Consultant(s) and/or contractor(s) making use of such protected items for the PROJECT shall
indemnify and save harmless the LPA and any affected third party from any and all claims of
infringement on such protections, including any costs, expenses, and damages which it may be
obliged to pay by reason of infringement, at any time during the prosecution or after the completion
of work on the PROJECT.

12.3

In the case of patented pavements or wearing courses where royalties, licensing and proprietary
service charges, exacted or to be exacted by the patentees, are published and certified agreements
are filed with the LPA, guaranteeing to prospective bidders free unrestricted use of all such
proprietary rights and trademarked goods upon payment of such published charges, such patented
pavements or wearing courses may be specifically designated in the proposal and competition
secured upon the item exclusive of the patent or proprietary charges.

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13. TERMINATION; DEFAULT AND BREACH OF CONTRACT
13.1

Neglect by or failure of the LPA to comply with any of the terms, conditions, or provisions of this
Agreement, including misrepresentation of fact, may be an event of default, unless such neglect or
failure is the result of natural disasters, strikes, lockouts, acts of public enemies, insurrections, riots,
epidemics, civil disturbances, explosions, orders of any kind of governments of the United States
or State of Ohio or any of their departments or political subdivisions, or any other cause not
reasonably within the LPA’s control. If a default has occurred, ODOT may terminate this Agreement
with thirty (30) days written notice, except that if ODOT determines that the default can be
remedied, then ODOT and the LPA shall proceed in accordance with sections 13.2 through 13.4 of
this Agreement.

13.2

If notified by ODOT in writing that it is in violation of any of the terms, conditions, or provisions of
this Agreement, and a default has occurred and ODOT determines that the default can be
remedied, the LPA shall have thirty (30) days from the date of such notification to remedy the
default or, if the remedy will take in excess of thirty (30) days to complete, the LPA shall have thirty
(30) days from the date of notification to satisfactorily commence a remedy of the causes preventing
its compliance and curing the default situation. Expiration of the thirty (30) days and failure by the
LPA to remedy, or to satisfactorily commence the remedy of, the default whether payment of funds
has been fully or partially made, shall result in ODOT, at its discretion, declining to make any further
payments to the LPA, or in the termination of this Agreement by ODOT. If this Agreement is
terminated, the LPA may be liable to repay to ODOT all of the Federal funds disbursed to it under
this Agreement.

13.3

The LPA, upon receiving a notice of termination from ODOT for default, shall cease work on the
terminated activities covered under this Agreement. If so requested by ODOT, the LPA shall assign
to ODOT all its rights, title, and interest to any contracts it has with any consultant(s) and/or
contractor(s). Otherwise, the LPA shall terminate all contracts and other agreements it has entered
into relating to such covered activities, take all necessary and appropriate steps to limit
disbursements and minimize any remaining costs. At the request of ODOT, the LPA may be
required to furnish a report describing the status of PROJECT activities as of the date of its receipt
of notice of termination, including results accomplished and other matters as ODOT may require.

13.4

No remedy herein conferred upon or reserved by ODOT is intended to be exclusive of any other
available remedy, but each and every such remedy shall be cumulative and shall be in addition to
every other remedy given under this Agreement or now or hereafter existing at law or in equity. No
delay or omission to exercise any right or option accruing to ODOT upon any default by the LPA
shall impair any such right or option or shall be construed to be a waiver thereof, but any such right
or option may be exercised from time to time and as often as may be deemed expedient by ODOT.

13.5

This Agreement and the obligation of the parties herein may be terminated by either party with thirty
(30) days written notice to the other party. Upon receipt of any notice of termination, the parties
shall immediately cause all work to cease, terminate all contracts and cause all subcontracts to be
terminated relating to such terminated activities, and take all necessary or appropriate steps to limit
disbursements and minimize costs, and furnish all data, reports, and other materials under this
Agreement, as ODOT may require.

13.6

In the event of termination by either party for convenience, the LPA shall be entitled to a refund of
all money on deposit, less any funds already disbursed and to be paid out for work performed prior
to notice of termination. ODOT shall not be liable for any further claims, and the claims submitted
by the LPA shall not exceed the total amount of funds on deposit.

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14. THIRD PARTIES AND RESPONSIBILITIES FOR CLAIMS
14.1

Nothing in this Agreement shall be construed as conferring any legal rights, privileges, or
immunities, or imposing any legal duties or obligations, on any person or persons other than the
parties named in this Agreement, whether such rights, privileges, immunities, duties, or obligations
be regarded as contractual, equitable, or beneficial in nature as to such other person or persons.
Nothing in this Agreement shall be construed as creating any legal relations between the Director
and any person performing services or supplying any equipment, materials, goods, or supplies for
the PROJECT sufficient to impose upon the Director any of the obligations specified in ORC126.30.

14.2

The LPA hereby agrees to accept responsibility for any and all damages or claims for which it is
legally liable arising from the actionable negligence of its officers, employees, or agents in the
performance of the LPA’s obligations made or agreed to herein.

14.3

If an LPA pursues legal action against any utility for costs incurred due to delay in removal,
relocation or abandonment in place, the LPA is entitled to be reimbursed from any settlement or
award all attorney fees and costs incurred while preparing for litigation.

15. NOTICE
15.1

Notice under this Agreement shall be directed as follows:
If to the LPA:

If to ODOT:

Scott Tadych
City of Middletown
1 Donham Plaza
Middletown, Ohio 45042

Pamela Boratyn
Ohio Department of Transportation D8
505 S SR 741
Lebanon, OH 45036

16. GENERAL PROVISIONS
16.1

Financial Reporting and Audit Requirements: If one or more phases of this Agreement include a
sub-award of Federal funds to the LPA, the LPA shall comply with the financial reporting and audit
requirements of 2 CFR Part 200. If not, the financial reporting and audit requirements remain with
ODOT.
All non-Federal entities, including ODOT’s LPA subrecipients, that have aggregate Federal award
expenditures from all sources of $1,000,000 or more in the non-federal entity’s fiscal year must
have a Single Audit, or program-specific audit, conducted for that year in accordance with the
provisions of 2 CFR Part 200.
LPAs that expend Federal and State funds in the Preliminary Engineering and/or R/W phases of
the PROJECT must track these payments throughout the life of the PROJECT in order to ensure
an accurate Schedule of Expenditures of Federal Award (SEFA) is prepared annually for all
Applicable Federal Funds. Applicable Federal Funds are those that are identified with the various
project phases of this Agreement as a subaward. Applicable Federal Funds include not only those
LPA project expenditures that ODOT subsequently reimburses with Federal funds, but also those
Federal funds project expenditures that are disbursed directly by ODOT upon the request of the
LPA.
The LPA must separately identify each ODOT PID and/or Project and the corresponding
expenditures on its SEFA. LPAs are responsible for ensuring funds related to this PROJECT are
reported when the activity related to the Federal award occurs.1 Further, the LPA may make this

Per 2 CFR §200.502

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determination consistent with 2 CFR §200.502 and its established accounting method to determine
expenditures including accrual, modified accrual or cash basis.
When project expenditures are not accurately reported on the SEFA, the LPA may be required to
make corrections to and republish the SEFA to ensure Federal funds are accurately reported in the
correct fiscal year. An ODOT request for the restatement of a previously published SEFA will be
coordinated with the Ohio Auditor of State.
16.2

Record Retention: The LPA, when requested at reasonable times and in a reasonable manner,
shall make available to the agents, officers, and auditors of ODOT and the United States
government, its records and financial statements as necessary relating to the LPA’s obligations
under this Agreement. All such books, documents, and records shall be kept for a period of at least
three (3) years after FHWA approves the LPA’s final Federal voucher for reimbursement of
PROJECT expenses. In the event that an audit-related dispute should arise during this retention
period, any such books, documents, and records that are related to the disputed matter shall be
preserved for the term of that dispute. The LPA shall require that all contracts and other agreements
it enters into for the performance of the PROJECT contain the following specific language:
As the LPA, ODOT or the United States government may legitimately request from time to
time, the contractor agrees to make available for inspection and/or reproduction by the LPA,
ODOT or United States government, all records, books, and documents of every kind and
description that relate to this Agreement.

Nothing contained in this Agreement shall in any way modify the LPA’s legal duties and obligations
to maintain and/or retain its records under Ohio public records laws.
16.3

Ethics and Conflict of Interest Laws: LPA agrees that they are currently in compliance and will
continue to adhere to the requirements of Ohio and Federal Ethics and Conflict of Interest laws as
provided by ORC Sections 102.03, 102.04, 2921.42 and 2921.43 and 23 CFR 1.33.

16.4

State Property Drug-Free Workplace Compliance: In accordance with applicable State and Federal
laws, rules, and policy, the LPA shall make a good faith effort to ensure that its employees and its
contractors will not purchase, transfer, use, or possess alcohol or a controlled substance while
working on State property.

16.5

Trade: Pursuant to the Federal Export Administration Act and ORC 9.76(B), the LPA and any
contractor(s) or sub-contractor(s) shall warrant that they are not boycotting any jurisdiction with
whom the United States and the State of Ohio can enjoy open trade, including Israel, and will not
do so during the term of this Agreement.
The State of Ohio does not acquire supplies or services that cannot be imported lawfully into the
United States. The LPA certifies that it, its contractor(s), subcontractor(s), and any agent of the
contractor(s) or its subcontractor(s), acquires any supplies or services in accordance with all trade
control laws, regulations or orders of the United States, including the prohibited source
regulations set forth in subpart 25.7, Prohibited Sources, of the Federal Acquisition Regulation and
any sanctions administered or enforced by the U.S. Department of Treasury’s Office of Foreign
Assets Control. A list of those sanctions by country can be found at
https://www.treasury.gov/resource- center/sanctions/Programs/Pages/Programs.aspx. These
sanctions generally preclude acquiring any supplies or services that originate from sources within,
or that were located in or transported from or through Cuba, Iran, Libya, North Korea, Syria, or the
Crimea region of Ukraine.

16.6

Lobbying: Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352, as amended by the Lobbying
Disclosure Act of 1995, PL 104-65 (2 U.S.C. §1601, et seq.). LPA agrees that it will not use any
funds for Lobbying, 49 CFR Part 20, “New Restrictions on Lobbying.” Each tier certifies to the tier
above that it will not and has not used Federal appropriated funds to pay any person or organization
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for influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in connection
with obtaining any Federal contract, grant or any other award covered by 31 U.S. C. § 1352. Each
tier shall comply with Federal statutory provisions or the extent applicable prohibiting the use of
Federal assistance funds for activities designed to influence Congress to a State legislature on
legislation or appropriations, except through proper official channels. Each tier shall also disclose
the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying
contacts on its behalf with non-Federal funds with respect to that Federal contract, grant or award
covered by 31 U.S.C. §1352. Such disclosures are forwarded from tier to tier up to the recipient.
16.7

Debarment: LPA represents and warrants that it is not debarred from consideration for contract
awards by the Director of the Department of Administrative Services, pursuant to either ORC.
125.25 or 153.02 or by the Federal Government pursuant to 2 CFR Part 1200 and 2 CFR Part 180.

16.8

Governing Law: This Agreement and any claims arising out of this Agreement shall be governed
by the laws of the State of Ohio. Any provision of this Agreement prohibited by the laws of Ohio
shall be deemed void and of no effect. Any litigation arising out of or relating in any way to this
Agreement, or the performance thereunder shall be brought only in the courts of Ohio, and the LPA
hereby irrevocably consents to such jurisdiction. To the extent that ODOT is a party to any litigation
arising out of or relating in any way to this Agreement or the performance thereunder, such an
action shall be brought only in a court of competent jurisdiction in Franklin County, Ohio.

16.9

Assignment: Neither this Agreement nor any rights, duties, or obligations described herein shall
be assigned by either party hereto without the prior express written consent of the other party.

16.10

Merger and Modification: This Agreement constitutes the entire Agreement between the parties.
All prior discussions and understandings between the parties are superseded by this Agreement.
Unless otherwise noted herein, this Agreement shall not be altered, modified, or amended except
by a written agreement signed by both parties hereto.

16.11

Severability: If any provision of this Agreement is held to be invalid or unenforceable by a court of
competent jurisdiction, such holding shall not affect the validity or the ability to enforce the
remainder of this Agreement. All provisions of this Agreement shall be deemed severable.

16.12

Signatures: Any person executing this Agreement in a representative capacity hereby represents
that he/she has been duly authorized by his/her principal to execute this Agreement on such
principal’s behalf.

16.13

Facsimile Signatures: Any party hereto may deliver a copy of its counterpart signature page to this
Agreement via fax or e-mail. Each party hereto shall be entitled to rely upon a facsimile or electronic
signature on any other party delivered in such a manner as if such signature were an original.

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Agreement Number: 4348`
PID Number: 120571
County-Route-Section: BUT SR 122 9.54
SAM Unique Entity ID: EV2KZRA4MTM3

The parties hereto have caused this Agreement to be duly executed as of the day and year last written
below.

LPA:

STATE OF OHIO
OHIO DEPARTMENT OF
TRANSPORTATION

By:

Title:

Pamela Boratyn
Director

Date:

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STAFF REPORT
For Business Meeting: November 3, 2026

DATE

October 23, 2026

TO:

Ashley Combs, City Manager

FROM:

Scott Tadych, Public Works and Utilities Director

2027 ODOT URBAN PAVING PROGRAM REAPPROVAL

PURPOSE
Authorize the City Manager to enter into an agreement with the Ohio Department of
Transportation (ODOT) for the 2027 Urban Paving Program.
BACKGROUND AND FINDINGS
City Council had previously approved an agreement with ODOT for the 2027 Urban Paving
Project at the October 20th, 2026 City Council. ODOT notified the City that the wrong
agreement was provided to the City by ODOT after submitting the previous agreement. The
project is slated be let and administered by ODOT instead of the City. Therefore, new
legislation and a new LPA agreement are required.
The project includes the resurfacing of Roosevelt Blvd. (State Route 122) from the Jackson
Lane to the Grand Ave./Roosevelt Blvd. split. Construction is scheduled for the summer of
2027.
The project will include sidewalk, curb, and gutter repairs and bring the handicap ramps up
to current standards prior to the resurfacing project.
FINANCIAL IMPACTS
The total cost of the project is estimated at $2,800,000. The City’s share of the project is
estimated at $1,400,000.
EMERGENCY/NON EMERGENCY
Emergency legislation is requested at the November 17, 2026 City Council meeting to
maintain ODOT’s project schedule
ATTACHMENTS
1

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Preliminary Legislation
LPA Agreement
Vicinity Map

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10/28/2026

PRELIMINARY LEGISLATION
(LPA-ODOT-Let Project Agreement)
(PARTICIPATORY)
Ordinance/Resolution # : ________
PID No. : 120571
County/Route/Section : BUT SR 122 9.64
Agreement No: 43481
The following is a/an _____________________ enacted by the City of Middletown of Butler
(Motion/Ordinance/Resolution)

(Local Public Agency)

County, Ohio, hereinafter referred to as the Local Public Agency (LPA).
SECTION I – Project Description
WHEREAS, the (LPA/STATE) has determined the need for the described project:

Type project description

NOW THEREFORE, be it ordained by the City of Middletown of Butler County, Ohio.
(LPA)

SECTION II – Consent Statement
Being in the public interest, the LPA gives consent to the Director of Transportation to complete the above described
project as detailed in the LPA-ODOT-Let Agreement entered into between the parties, if applicable.
SECTION III – Cooperation Statement
The LPA shall cooperate with the Director of Transportation in the development and construction of the above
described project and shall enter into a LPA Federal ODOT Let Project Agreement, if applicable, as well as any
other agreements necessary to develop and construct the Project.
Change/add/delete any and all of the following to conform with each particular project:
The LPA agrees to participate in the cost of the project (you fill in how the LPA will participate (ie: construction,
PE, RW, extra work, ADA 100% items, etc)
The LPA further agrees to pay 100% of the cost of those features requested by the LPA which are determined by the
State and Federal Highway Administration to by unnecessary for the Project.
The LPA further agrees that change orders and extra work contracts required to fulfill the construction contracts
shall be processed as needed. The State shall not approve a change order or extra work contract until it first gives
notice, in writing, to the LPA. The LPA shall contribute its share of the cost of these items in accordance with other
sections herein.

Page 65 of 98

10/28/2026

PID No.: 120571

The LPA further agrees to pay 100% of the cost to install and/or repair curb ramps at all necessary intersections to
ensure compliance with the Americans with Disabilities Act.
The LPA agrees that if Federal Funds are used to pay the cost of any consultant contract, the LPA shall comply with
23 CFR 172 in the selection of its consultant and administration of the consultant contract. Further the LPA agrees
to incorporate ODOT’s “Specifications for Consulting Services” as a contract document in all of its consultant
contracts. The LPA agrees to require, as a scope of services clause, that all plans prepared by the consultant must
conform to ODOT’s current design standards and that the consultant shall be responsible for ongoing consultant
involvement during the construction phase of the Project. The LPA agrees to include a completion schedule
acceptable to ODOT and to assist ODOT in rating the consultant’s performance through ODOT’s Consultant
Evaluation System.
**(all of the above regarding the consultants is only needed if the LPA is responsible for the preliminary phase and
design plans).
SECTION IV Authority to Sign
The LPA hereby authorizes ________________________ of said City of Middletown to
(Signature authority)
(LPA-or its division, department or agency)
enter into and execute contracts with the Director of Transportation which are necessary to develop plans for and to
complete the above-described project; and to execute contracts with ODOT pre-qualified consultants for the
preliminary engineering phase of the Project.

Upon request of ODOT, the _____________________ is also empowered to execute any appropriate documents to
(Signature authority)

affect the assignment of all rights, title, and interests of the City of Middletown to ODOT arising from any
(LPA)

agreement with its consultant in order to allow ODOT to direct additional or corrective work, recover damages due
to errors or omissions, and to exercise all other contractual rights and remedies afforded by law or equity.
SECTION V – Utilities and Right-of-Way Statement
The LPA agrees that all right-of-way required for the described project will be acquired and/or made available in
accordance with current State and Federal regulations. The LPA also understands that right-of-way costs include
eligible utility costs.
The LPA agrees that all utility accommodation, relocation and reimbursement will comply with the current
provisions of 23 CFR 645 and the ODOT Utilities Manual.

Page 66 of 98

10/28/2026

SECTION VI – Maintenance
Upon completion of the Project, and unless otherwise agreed, the LPA shall: (1) provide adequate maintenance for
the Project in accordance with all applicable State and Federal law, including, but not limited to, Title 23, U.S.C.,
Section 116; (2) provide ample financial provisions, as necessary, for the maintenance of the Project; (3) maintain
PID No.: 120571

the right-of-way, keeping it free of obstructions; and (4) hold said right-of-way inviolate for public highway
purposes.

SECTION VII-Emergency measure
(as applicable)

The ______________________ is hereby declared to be an emergency measure to expedite the highway project and
(Motion/Ordinance/Resolution)

to promote highway safety. Following appropriate legislative action, it shall take effect and be in force immediately
upon its passage and approval, otherwise it shall take effect and be in force from and after the earliest period allowed
by law.

Passed: ________________, 2026.
(Date)

Attested: _______________________
(Clerk)

___________________________
(Contractual Agent of LPA – title)

___________________________
__________________________________

__________________________________

Page 67 of 98

10/28/2026

CERTIFICATE OF COPY
STATE OF OHIO
City of Middletown of Butler County, Ohio
(LPA)

I, __________________________, as Clerk of the City of Middletown
(LPA)

of Butler County, Ohio, do hereby certify that the foregoing is a true and correct copy of
_____________________________ adopted by the legislative Authority of the said
(Motion/Ordinance/Resolution)

City of Middletown on the ______________ day of ________________, 2026.
(LPA)

IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal, if applicable,
this _____________ day of __________________ 2026.
___________________________________
SEAL

(Clerk)

City of Middletown of Butler County, Ohio
(LPA)
(If the LPA is designated as a City then the “City Seal” is required. If no Seal, then a letter stating “No Seal is required to accompany the
executed legislation.)

Page 68 of 98

LEGISLATION
ITEM 4

Page 69 of 98

ORDINANCE NO. O2026-64
AN ORDINANCE ESTABLISHING A PROCEDURE FOR AND AUTHORIZING A
CONTRACT WITH HCI HERRICK COMPANY, INC. TO COMPLETE THE AVALON
LIFT STATION REHABILITATION PROJECT AND DECLARING AN EMERGENCY.
WHEREAS, the Avalon Lift Station has been operating on bypass pumping
since June 2026; and
WHEREAS, Engineering and Sewer Maintenance staff developed a plan to
rehabilitate the lift station; and
WHEREAS, the Avalon Lift Station Rehabilitation Project will consist of
removing the 2003 packaged station from the existing wet well, cleaning the existing
wet well and removing the fillets, setting a new packaged station over the existing wet
well, furnishing the fittings and accessories, constructing new concrete station cover,
removing brush, bollards, and pole, and reconstructing access drive and pad to allow
for easier maintenance; and
WHEREAS, staff met with several vendors and requested quotes from three;
and
WHEREAS, HCI Henrick Company, Inc. was the only vendor to submit a quote;
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 authorized to enter into a contract with HCI Henrick Company,
Inc. to complete the Avalon Lift Station Repair Project in the accordance with the quote
attached hereto as Exhibit “A”. The contract shall be in a form approved by the Law
Director.
Section 2
The Finance Director is hereby authorized and directed to pay a sum not to
exceed $350,000.00 from the Sewer Capital Reserve Fund (Fund # 495).
Section 3
City Council hereby determines that the procedure to be followed in the award
and execution of the aforesaid contract shall consist solely of the procedure set forth in

Page 70 of 98

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
This ordinance is declared to be an emergency measure necessary for the
immediate preservation of the public health, safety and general welfare, to wit: in order
to get the project started as soon as possible, and shall be in full force and effect from
the date of its adoption.

____________________________
Elizabeth Slamka, Mayor
Adopted:____________

Attest: ___________________
Clerk of City Council
H:\Law\2026 Leg\O HCI Herrick Company – Avalon Lift Station

Page 71 of 98

EXHIBIT "A"

October 1, 2026
City of Middletown Ohio
Public Works
Middletown, OH
ATTN:

Ms. Alyssa Bowles
[email protected]
RE:

Avalon Pump Staꢀon
Pump Staꢀon Replacement
Middletown, OH

Dear Ms. Bowles,
Per your request, Herrick Company, Inc. oﬀers the following proposal to remove the exisꢀng Smith & Loveless Avalon Pump
Staꢀon and install a new Gorman-Rupp above-ground submersible valve package pump staꢀon, including associated site,
piping, electrical, and restoraꢀon work. A detailed scope of our proposal is as follows:
Includes:
1. Mobilize crew, materials, and equipment/tools to the Avalon Pump Staꢀon to perform the work.
2. Provide project supervision, safety requirements, prevailing wage compliance, builders risk coverage, and payment
and performance bonds for HCI's work.
3. Coordinate the pump staꢀon shutdown and isolaꢀon with City staﬀ. The City will maintain bypass pumping, and HCI
will install and remove the plug between the wet well and bypass system as required for the work.
4. Remove brush as necessary for access and remove and dispose of the exisꢀng pump staꢀon equipment,
approximately 81 LF of exisꢀng fence, two (2) wood bollards, and the porꢀons of exisꢀng concrete and asphalt
required for the new installaꢀon.
5. Vacuum and clean the exisꢀng wet well as required to perform the work, sawcut the top of the exisꢀng structure as
required, and demolish/dispose the exisꢀng concrete ﬁllets from the wet well.
6. Furnish the Gorman-Rupp ASVP pump staꢀon package through Pelton Environmental, including two (2)
submersible pumps, discharge piping and valves, dual camlock bypass, insulated staꢀon enclosure, stainless steel
control panel, Allen-Bradley PowerFlex 753 VFDs, Integrinex controls, backup ﬂoat controls, panel heater, and
associated accessories.
7. Install the new pumps, 2” SCH 40 Stainless Steel guide rail components, above-ground valve package, enclosure,
controls, and related Gorman-Rupp furnished equipment.
8. Furnish and install the associated 6-inch ducꢀle iron piping, ﬁꢁngs, couplings, stainless steel bolꢀng, and pipe
supports required to connect the new pump staꢀon to the exisꢀng system. Ducꢀle iron piping to be prime coated,
cement lined, and ﬁnish painted with epoxy paint.
9. Construct new concrete staꢀon cover and equipment/site concrete pads, including, subgrade preparaꢀon,
aggregate base, forming, concrete placement, ﬁnishing, curing, and placement of the new staꢀon cover over the
wet well.
10. Reconstruct approximately 110 SY of gravel drive, including excavaꢀon, hauling of spoils, subgrade preparaꢀon,
ﬁlter fabric, aggregate placement and compacꢀon, and shoulder restoraꢀon.
11. Furnish and install approximately 93 LF of replacement fencing at the pump staꢀon with gate access.

Page 72 of 98

Ms. Alyssa Bowles
October 1, 2026
Page 2 of 2
12. Perform electrical work associated with the replacement staꢀon, including replacement of conduit with aluminum
conduit, installaꢀon of seal-oﬀs as required, installaꢀon and wiring of the furnished control cabinet, and associated
wiring in accordance with the NEC. The exisꢀng portable generator panel connecꢀon will remain.
13. Provide one (1) electrician for one (1) day to assist with programming adjustments during startup, as required.
14. Provide Pelton Environmental startup and start-up assistance/troubleshooꢀng for the new pump staꢀon
equipment.
15. Perform site restoraꢀon and seed/straw at disturbed surfaces as required for compleꢀon of the work.
16. Clean-up, demobilizaꢀon, and disposal of miscellaneous construcꢀon debris.
17. We have excluded State and Local Sales Tax in the amount of $9,500 for this project. Please provide a Sales Tax
Exempꢀon, as applicable.
18. We have also included the appropriate business licensing for City of Middletown.
19. We have also included the cost of a 100% Payment and Performance Bond for this project along with Builder’s Risk,
General Liability, Worker’s Compensaꢀon, Automoꢀve, and Umbrella Insurances for this project. We will provide
the Payment & Performance Bonding Cerꢀﬁcates along with a Cerꢀﬁcate of Insurance with City of Middletown
named as addiꢀonal insured for this project, as required.
Exclusions / Notes:
1. Bypass pumping is by the City of Middletown, including operaꢀon and maintenance of the current/exisꢀng bypass
system during HCI's work.
2. Telemetry / SCADA modiﬁcaꢀons beyond the controls and contacts speciﬁcally included with the Gorman-Rupp
package have not been included. Final telemetry requirements are to be conﬁrmed by the City. Assistance by our
electrician to be provided as noted above.
3. Furnishing of a new standby generator or standby generator portable connecꢀon panel is not included. The exisꢀng
generator portable connecꢀon enclosure is to remain.
4. Structural repairs or rehabilitaꢀon of the exisꢀng wet well beyond the exisꢀng concrete ﬁllet removal and
modiﬁcaꢀons described above are not included.
5. Electrical work beyond the quoted pump staꢀon scope, including uꢀlity service upgrades or addiꢀonal
programming beyond the included allowance, would be performed at addiꢀonal cost.
We propose to perform the above work for the total lump sum of $350,000.00. We anꢀcipate approximately four (4) weeks
on site to complete the work, coordinated with the City staﬀ and the City's bypass operaꢀon. This proposal will remain
subject to acceptance for 30 days from the proposal date. Please let me know if you have any quesꢀons or need addiꢀonal
informaꢀon. Thank you for inviꢀng us to perform this work.
Sincerely,
Sincerely,

Cody M. Lokits, PE
President
cc:

Jim E. Pelton - Pelton Environmental
Luke Zakrzewski, PE – HCI
Nick Friꢂs, EIT - HCI

Page 73 of 98

STAFF REPORT
For Business Meeting: November 3, 2026

October 22, 2026
TO:

Ashley Combs, City Manager

FROM:

Scott Tadych, Public Works and Utilities Director
Prepared by: Alyssa Bowles, Engineer
AVALON LIFT STATION REHABILITATION

PURPOSE
To authorize the City Manager to enter into a contract with HCI Herrick Company, Inc. to
rehabilitate the Avalon Lift Station.
BACKGROUND and FINDINGS
The Avalon Lift Station Rehabilitation project consists of removing the 2003 packaged station from
the existing wet well, cleaning the existing wet well and removing the fillets, setting a new packaged
station over the existing wet well, furnishing the fittings and accessories, constructing new concrete
station cover, removing brush, bollards, and pole, and reconstructing access drive and pad. All the
components of the project will allow for easier maintenance.
The Avalon Lift Station has been serving Riverside Village since the 1970’s. This station collects
wastewater from the homes located within this community and pumps it through the force main to
discharge to the gravity sewer network. The station was rehabilitated in 2003. Maintenance crews
have determined that the current station has corroded beyond the ability to be repaired, resulting in
the pumps losing their prime and failing each time a repair is attempted. The station has been
operating on bypass pumping using rental equipment since June 2026.
Running a lift station on bypass pumping is highly inefficient and expensive. The bypass setup is
only intended to operate as a temporary solution during emergencies or planned maintenance of a
system. This kind of system requires more frequent monitoring to ensure it does not clog or run out
of fuel since there is not a backup pump if something fails.
Engineering and Sewer Maintenance staff met with multiple pump suppliers and contractors
including BL Anderson/Flygt, Excel Fluid Group/Barnes, HP Thompson/Grundfos, JAGS
Environmental/Smith & Loveless, and Pelton Environmental/HCI Herrick/Gorman Rupp.
Engineering, in conjunction with Sewer Maintenance staff, developed a plan for rehabilitation of this
lift station through the utilization of existing drawings, internal site plan design, reviewing data
sheets/specs for the pump companies, and consulting with the Water Reclamation Plant Manager, to
ensure that the controllers and sensors selected would integrate into the existing system.

Page 74 of 98

Following the meetings and internal discussions, the team decided to move forward with HP
Thompson/Grundfos, JAGS Environmental/Smith & Loveless, and Pelton Environmental/HCI
Herrick/Gorman Rupp. Quotes were requested from the three companies in July. As of October 21st,
after numerous follow-up emails, only one quote was received. HCI Henrick Company, Inc.
submitted a quote in the amount of $350,000
Since these pumps will be designed for the specific pumping conditions of this site, there is a lead
time for manufacturing the product before it can be installed. It can take up to 16 weeks for
manufacturing the packaged pumping station, and the contractor anticipates it will take 4 weeks to
complete the installation/rehabilitation work.
ALTERNATIVES
An engineering consultant could be hired to produce bidding documents and specifications at an
estimated cost of $100,000. Developing plans and specifications likely take at least three months.
Formal bidding and award would take an additional two months. The station would continue to
operate on bypass pumping until a new station is brought online.
FINANCIAL IMPACT
The total cost of the project is $350,000. Funds are appropriated in the Sewer Capital Fund (495).
EMERGENCY/NON EMERGENCY
Emergency legislation is requested at the November 17th City Council meeting. Maintenance crews
have been bypass pumping since June 2026 using rental equipment. Continuing to run the bypass
pumping is inefficient, expensive, and carries the risk of not having a back-up for the system when it
fails. This will continue until a new station is brought on-line, which will take up to 20 weeks after
approval.
RECOMMENDATION
Staff recommend entering into a contract with HCI Herrick Company, Inc. in the amount not to
exceed $350,000.00 for rehabilitation of the Avalon Lift Station.
ATTACHMENTS
HCI Herrick Company, Inc. Quote

Page 75 of 98

LEGISLATION
ITEM 5

Page 76 of 98

ORDINANCE NO. O2026-65
AN ORDINANCE ESTABLISHING A PROCEDURE FOR AND AUTHORIZING A
CONTRACT WITH BUILDING CRAFTS, INC. TO CONSTRUCT THE WATER
RECLAMATION FACILITY SECONDARY AERATION IMPROVEMENT PROJECT.
WHEREAS, the Water Reclamation Facility (WRF) Second Aeration
Improvement Project (the “Project”) was an identified project in the Long Term Control
Plan; and
WHEREAS, bids were sought for the Project and one bid was received by
Building Crafts, Inc. but it contained a mathematical discrepancy; and
WHEREAS, staff recommends moving forward with the corrected proposal by
Building Crafts, Inc. since they were the lone bidder and the corrected bid is below the
Engineer’s estimate for the Project; and
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 authorized to enter into a contract with Building Crafts, Inc. to
complete the Secondary Aeration Improvement Project in the accordance with the bid
on file with the Public Works & Utilities Department. The contract shall be in a form
approved by the Law Director.
Section 2
The Finance Director is hereby authorized and directed to pay a sum not to
exceed $8,607,000.00 from the Sewer Capital Reserve Fund (Fund # 495).
Section 3
City Council hereby determines that the procedure to be followed in the award
and execution of the aforesaid contract shall consist solely of the procedure set forth in
this ordinance and the provisions of Chapter 735 of the Ohio Revised Code shall not
be applicable to the award and execution of the aforesaid contract.
Section 4
This ordinance shall take effect and be in force from and after the earliest period
allowed by law.

Page 77 of 98

__________________________
Elizabeth Slamka, Mayor
1st Reading:_______
2nd Reading:_______
Adopted: _________
Effective:__________

Attest: ___________________
Clerk of City Council
H:\Law\2026 Leg\O HCI Herrick Company – Avalon Lift Station

Page 78 of 98

STAFF REPORT
For the Business Meeting of: November 3, 2026

October 23, 2026
TO:
FROM:

Ashley Combs, City Manager
Scott Tadych, Public Works and Utilities Director
WRF Secondary Aeration Improvements
Contract Award

PURPOSE
To authorize the City Manager to waive the bidding procedure and enter into a contract with
Building Crafts, Inc. to construct the Water Reclamation Facility Secondary Aeration Improvements.
BACKGROUND AND FINDINGS
As part of the City’s Long-Term Control Plan (LTCP), the City was required to commit to specific
improvements at the Water Reclamation Facility (WRF) in addition to the combined sewer overflow
control projects and collection system improvements. One of the projects that is in the City’s LTCP
is to make improvements to secondary aeration system.
The aeration system was initially installed in 1970. The system was partially updated in the late
1980’s with new diffusers and a new aeration tank. As part of the 1980’s update, the effluent weir
was raised which increased backpressure on the blowers and as a result, changed the operating point
from what the blowers were originally designed for.
The existing blowers have been in operation since the 1970’s and have exceeded their useful life.
Two of the five blowers that are there have been rebuilt over the last several years at significant
expense due to being obsolete. The remaining blowers are similarly in poor condition. In addition to
age of the equipment, the blowers are oversized for the current oxygen demands at the plant. The
aeration system does not have any automation for process control so as conditions change at the
WRF, operators manually throttle valves based on institutional knowledge of where the valve set
point should be.
The project was bid on October 13th, 2026 and the City received one bid for the project. Shortly after
the bid opening, the lone bidder, Building Crafts, Inc., notified the City they had made an error on
their price proposal page. They included Allowances #1 and #2 in their base bid by mistake. This
made the base $950,000 more than met.
The bid tab is attached showing the original bid, corrected bid, and engineer’s estimate. The
corrected bid is 11% lower than the engineer’s estimate. The bid included two alternates. Upon
review, staff recommends not awarding the alternates.
Staff recommend awarding the contract in an amount not to exceed $8,607,000.00. This includes the

Page 79 of 98

Base Bid, Bonds, Cash Allowance #1, and Cash Allowance #2.
ALTERNATIVES
Do not accept the corrected bid and re-bid the project. Even though there was only one bid, staff
recommends moving forward with Building Crafts, Inc. The corrected bid is below the engineer’s
estimate and less than the amount budgeted for the project. Rebidding would take two additional
months and not likely effect the outcome. Building Crafts, Inc, has successfully completed multiple
large projects for the City in the past. Including the recent Filter Backwash Project at the Water
Treatment Plant.
FINANCIAL IMPACT
The total contract amount is $8,607,000.00. Funds are appropriated in the sewer capital reserve fund
(495).

EMERGENCY/NON-EMERGENCY
Non-Emergency

Page 80 of 98

BASE BID:
BONDS:
CASH ALLOWANCE #1:
CASH ALLOWANCE #2:
ALTERNATE #1 (ADD):
ALTERNATE #2 (DEDUCT):
TOTAL BID PRICE:

BID ITEM

$
$
$
$
$
$
$

8,457,000.00
150,000.00
150,000.00
800,000.00
550,000.00
400,000.00
9,707,000.00

AMOUNT
(ORIGINAL BID)

$
$
$
$
$
$

7,507,000.00
150,000.00
150,000.00
800,000.00
550,000.00
400,000.00
8,757,000.00

AMOUNT
(CORRECTED BID)

BIDS RECEIVED: October 13, 2026

CASH ALLOWANCE #1 – Includes a contingency for miscellaneous repairs to an air discharging pipe.
CASH ALLOWANCE #2 – Includes a general contingency for use upon the Owner’s instructions.

BUILDING CRAFTS, INC.
2 Rosewood Drive
Wilder, KY 41076

CONTRACTOR’S NAME
& ADDRESS

LEGAL NOTICE NO. 26-0254

BID TABULATION

WATER RECLAMATION FACILITY
SECONDARY AERATION IMPROVEMENTS

$
$
$
$
$
$

8,600,000.00
172,000.00
150,000.00
800,000.00
536,000.00
400,000.00
9,858,000.00

ENGINEER’S ESTIMATE

Page 81 of 98

LEGISLATION
ITEM 6

Page 82 of 98

ORDINANCE NO. O2026-66
AN ORDINANCE ESTABLISHING A PROCEDURE FOR AND AUTHORIZING A
CONTRACT WITH R.E. MIDDLETON CONSTRUCTION TO RECONSTRUCT A
PORTION OF THE 1700 BLOCK OF WOODLAWN AVENUE.
WHEREAS, Engineering staff sought quotes from vendors to reconstruct a
portion of the 1700 block of Woodlawn Avenue; and
WHEREAS, three quotes were received:
R.E. Middleton Construction
Ford Development Corp.
Bown Enterprises

$145,560.00
$176,000.00
$228,000.00; and

WHEREAS, staff recommends awarding a contract to R.E. Middleton as the
lowest and best quote, together with a $10,000.00 contingency to cover unforeseen
costs related to the project;
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 authorized to enter into a contract with R.E. Middleton
Construction to complete the reconstruction of a portion of the 1700 block of Woodlawn
Avenue in the accordance with the quote attached hereto as Exhibit “A”. The contract
shall be in a form approved by the Law Director.
Section 2
The Finance Director is hereby authorized and directed to pay a sum not to
exceed $155,560.00 from the Capital Improvement Fund (Fund # 220).
Section 3
City Council hereby determines that the procedure to be followed in the award
and execution of the aforesaid contract shall consist solely of the procedure set forth in
this ordinance and the provisions of Chapter 735 of the Ohio Revised Code shall not
be applicable to the award and execution of the aforesaid contract.

Page 83 of 98

Section 4
This ordinance shall take effect and be in force from and after the earliest period
allowed by law.

__________________________
Elizabeth Slamka, Mayor
1st Reading:_______
2nd Reading:_______
Adopted: _________
Effective:__________

Attest: ___________________
Clerk of City Council
H:\Law\2026 Leg\O RE Middleton Construction – Woodlawn Ave Reconstruction

Page 84 of 98

STAFF REPORT
For Business Meeting: November 3rd , 2026

DATE

October 13, 2026

TO:

Ashley Combs, City Manager

FROM:

Scott Tadych, Public Works and Utilities Director

WOODLAWN AVE. ROAD RECONSTRUCION

PURPOSE
To authorize the City Manager to enter into a contract with R.E. Middleton Construction to
reconstruct a portion of the 1700 block of Woodlawn Ave.
BACKGROUND AND FINDINGS
A portion of the 1700 block of Woodlawn Ave. is severely deteriorated due to heavy truck traffic
from the adjacent industry. The road section is a combination of asphalt and reinforced concrete.
Engineering staff recommends replacing the section with fiber-reinforced concrete. The adjacent
property has made repairs to their sidewalks and drive aprons.
Multiple quotes were obtained for the project by Engineering staff.
R.E. Middleton Construction
Ford Development Corp.
Bown Enterprises

$145,560.00
$176,000.00
$228,000.00

Staff recommend awarding a contract to R.E. Middleton Construction and adding a $10,000
contingency for a total contract in the amount of $155,560.00.
ALTERNATIVES
Award the contract to another contractor or do not perform the work.
FINANCIAL IMPACTS
The proposed legislation allows the City Manager to enter into a contract with R.E. Middleton
Construction in amount not to exceed $155,560.00. Funds are appropriated in the General Capital
Fund (220).

Page 85 of 98

EMERGENCY/NON-EMERGENCY
Non-Emergency
ATTACHMENTS
R.E. Middleton Construction Quote

Page 86 of 98

October 5, 2026
To:
City of Middletown – Public Works
Attn:
Alyssa Bowles
Email: [email protected]
Job:
Road Repair – 1723 Woodlawn Ave.
All labor, material and equipment to replace 144 LF of curb/gutter and 4,320 SF of roadway as listed below:
Included:
 Work is to be done in one phase with the street shut down by the City
 Work is to be done in first shift hours Monday thru Friday
 Work is bid with prevailing wages











Road Construction:
Remove existing road and subgrade to 15” below finished pavement
Remove sections of curb/gutter per plan
Haul spoils off site
Install 6” compacted gravel base
Adjust manhole and catch basin lids as needed
Form and pour sections of curb/gutter to match existing
Pour and finish 9” thick 4,500 psi concrete paving with 3#/yd Tuff Strand fibers
Saw control joints, max 15’ on center
Water cure new concrete with water provided by the City
Clean up and discard cure blankets

Exclusions:
 Permits, inspections, soil or concrete tests
 Winter Protection
 Liability for the structural integrity of surrounding pavements traveled over during the construction process
 Liability for unmarked utilities
 Joint caulking
Bid: 145,560.00

All material will be as specified. All work to be completed in a substantial workmanlike manner according to specifications
submitted per standard practices. Any alteration to deviation from above specifications involving extra costs will be executed
only upon written orders, and will become an extra charge over and above the estimate.
All agreements contingent upon strikes, accidents, or delays beyond our control. Our workers are fully covered by Worker’s
Compensation Insurance.
Payment to be made as follows: Payment due on monthly draws/30 days upon invoice
Total price good for (14) days from day of proposal
Acceptance of Proposal – The above prices, specifications and conditions are satisfactory and are hereby accepted. You are
authorized to do the work as specified. Payment will be made as outlined above.

Date of Acceptance: ___________ Signature:________________________

4889 Alliance Dr
Mason, Ohio 45040
513-398-9255

Page 87 of 98

LEGISLATION
ITEM 7

Page 88 of 98

ORDINANCE NO. O2027-67
AN ORDINANCE ESTABLISHING A PROCEDURE FOR AND AUTHORIZING AN
EXTENSION OF THE CURRENT CONTRACT WITH SMARTBILL LTD. FOR THE
PRINTING AND MAILING OF WATER BILLS.
WHEREAS, in 2009 the City entered into a three-year contract with SmartBill,
Ltd. as the lowest and best bidder for the printing and mailing of water bills, and
subsequently extended the contract for one-year terms; and
WHEREAS, in 2019, the City requested bids for the mailing of water bills and it
was determined that SmartBill was still the lowest and best price for this type of service;
and
WHEREAS, there is a slight increase of $0.0121 per bill proposed for 2027 of
2024, but SmartBill, Ltd. is willing to extend the contract for another year;
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
Revised Code, shall enter into an extension of the contract with SmartBill Ltd. for the
printing and mailing of water bills for 2027. The rate per bill will be $0.179 plus postage.
The extension agreement shall be in a form approved by the Law Director.
Section 2
For said purposes, the Finance Director is authorized and directed to expend a
sum not to exceed $120,000.00 to be paid equally from the Water and Sewer Funds
(Fund # 510 & 520).
Section 3
City Council hereby determines that the procedure to be followed in the award
and execution of the aforesaid contract shall consist solely of the procedure set forth in
this Ordinance and the provisions of Chapter 735 of the 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.

Page 89 of 98

Section 5
This ordinance shall take effect and be in force from and after the earliest period
allowed by law.

__________________________
Elizabeth Slamka, Mayor
1st Reading:_______
2nd Reading:_______
Adopted: _________
Effective:__________

Attest: _______________________
Clerk of the City Council
H:/Law/leg/2027 Leg/O SmartBill – Water Bills 2027

Page 90 of 98

STAFF REPORT
For the Business Meeting of November 3rd, 2026

October 29, 2026
TO:
FROM:

Ashley Combs, City Manager
Kayla Carle, Purchasing Agent

Printing & Mailing of Water Bills
PURPOSE
To recommend the extension of the contract for the printing and mailing of water bills to SmartBill,
Ltd., of Hebron, Ohio, in the amount of $0.179/bill, plus postage.
BACKGROUND and FINDINGS
The City presently mails approximately 18,500 water bills each month. These bills are on a 5- day
billing cycle, which means there is a massive mailing of bills every five days. Prior to 2009, the
City handled the printing and mailing of all the bills.
In 2009, the City bid this service to find an outside contractor. At that time SmartBill, Ltd.,
submitted the lowest bid. The implementation of this service allowed us to outsource one of our
processes in an effort to save both money and staff time. This has worked well for the City.
SmartBill has provided excellent service over the past several years, and is willing to extend the
contract through December 31, 2027 at a slight increase of $0.0121/bill.
Finance has a pending conversion with the utility billing software and would like to continue with
SmartBill to ease the transition.
ALTERNATIVES
1. Return the service in-house. However, contracting the service out results in reduced
postage rates, wear and tear on the City’s mailing equipment, and software maintenance
costs, as well as reduced staff time, resulting in significant savings.
2. Request bids for this service. SmartBill has kept our price the same since 2009. City staff
are satisfied with SmartBill and the 2019 rebid of tax bills confirms SmartBill’s prices have
remained competitive.
FINANCIAL IMPACT
We anticipate an expenditure of approximately $8,800/month for this service through the 2027
contract year, plus an additional $14,400 annually in stock costs (bills, envelopes, etc.). Any
postage increases will be absorbed by the City.

Page 91 of 98

EMERGENCY/NON-EMERGENCY
Non Emergency
cc:

Samantha Zimmerman, Finance Director
April Cromer, Assistant Finance Director
Travis Banks, Utility Billing Supervisor

Page 92 of 98

LEGISLATION
ITEM 8

Page 93 of 98

RESOLUTION NO. R2026-30
A RESOLUTION ADOPTING A GOAL TO WORK TOWARDS ZERO TRAFFIC
FATALITIES AND SERIOUS INJURIES THROUGH THE IMPLEMENTATION OF
THE TRANSPORTATION SAFETY ACTION PLAN.
WHEREAS, the City of Middletown, Ohio (hereinafter “City”) has experienced
traffic crashes resulting in 18 traffic fatalities and 86 serious injuries from 2023 through
2025; and
WHEREAS, the City recognizes that roadway deaths and serious injuries are
preventable and no loss of life on our transportation system is acceptable; and
WHEREAS, the City aspires to reduce and eventually eliminate traffic-related
fatalities and serious injuries; and
WHEREAS, the City was awarded a planning grant through the Federal
Highway Administration’s Safe Streets for All (SS4A) Program to develop a safety
action plan for the City, to evaluate existing safety issues and identify projects and
strategies to address identified problems; and
WHEREAS, a safety action plan is an eligibility requirement for implementation
grants through the SS4A Program; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Middletown, Butler/Warren Counties, Ohio that:
Section 1
City Council hereby commits to pursue the goal of zero roadway fatalities and
serious injuries as part of the Transportation Safety Action Plan. This commitment
supports the City’s interest in obtaining an implementation grant as it moves forward
with adoption of the plan.
Section 2
This resolution shall take effect and be in force from and after the earliest period
allowed by law.

_____________________________
Elizabeth Slamka, Mayor
1st Reading:_____________
2nd Reading:____________

Page 94 of 98

Adopted:____________
Effective:_____________

Attest:_______________________
Clerk of City Council
H:/Law/leg/2026 Leg/r Adopt SS4A Transportation Safety Action Plan Goal

Page 95 of 98

STAFF REPORT
For the Business Meeting of: November 3, 2026

October 22, 2026
TO:

Ashley Combs, City Manager

FROM: Scott Tadych, Public Works and Utilities Director
SS4A Transportation Safety Action Plan Goal

PURPOSE
To approve a resolution to establishing a goal of working towards zero traffic fatalities and serious
injuries through the implementation of the Transportation Safety Action Plan.
BACKGROUND AND FINDINGS
The City was successful in securing federal Safe Streets and Roads for All (SS4A) funding to create
a comprehensive transportation safety action plan. The plan being developed will evaluate the
current system, policies, and procedures to identify trends and contributing factors that contribute to
the safety performance throughout the City. The goal of the nationwide SS4A program is to
eliminate roadway deaths using the Safe System Approach.
There are multiple components to the Safety Action Plan. This includes Goal Setting, Planning
Structure, Safety Analysis, Public Engagement and Collaboration, Equity Considerations, Policy and
Process Changes, Strategy and Project Selection, and Progress and Transparency.
Multiple public engagement events were held over the past several months. A draft plan will be
finalized by the end of year. The draft plan requires a resolution from City Council establishing a
goal working towards zero traffic fatalities and serious injuries through implementation of the plan
per Federal Highway Administration (FHWA) guidelines.
ALTERNATIVES
Modify the goal or do not proceed with adopting the plan.
FINANCIAL IMPACT
N/A
EMERGENCY/NON-EMERGENCY
Non-Emergency

Page 96 of 98

UNFINISHED
BUSINESS

Page 97 of 98

NEW BUSINESS

Page 98 of 98

EXECUTIVE
SESSION

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