The Docket · Government Meeting · DKT-2026-000222

On the agenda: Middletown meeting — data center (Aug 4)

Past ⚠ Agenda Watch Middletown, Ohio · Tuesday, August 4, 2026 — 3 months ago

About this record

The published agenda for the August 4, 2026 meeting contains: "data center". The meeting has passed. The agenda stays here as a permanent public record.

WhenTuesday, August 4, 2026
Check the agenda document for the meeting time.

WhereMiddletown, Ohio

Money$150,000.00 was at stake

On the record“data center”

The agenda, word for word

Government public record — the full text of the published document, archived August 2, 2026. Gold highlighting of key terms is ours, not the original’s. Read the original document ↗

111 pages · scroll to read

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1. August 4, 2026 Agenda
Documents:
20260804 AGENDA.PDF
1.I. August 4, 2026 Workbook
Documents:
08-04-2026 WORKBOOK.PDF

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MIDDLETOWN CITY COUNCIL AGENDA
Tuesday, August 4, 2026
CITY COUNCIL SPECIAL MEETING FOR THE PURPOSE OF REGULAR BUSINESS – 4:00 PM – COUNCIL
CHAMBERS – LOWER LEVEL
MOMENT OF MEDITATION/PLEDGE OF ALLEGIANCE TO THE FLAG/ ROLL CALL
RECEIVE AND FILE THE SPECIAL MEETING DOCUMENTS
PROCLAMATION- National Health Center Week- Centerpoint Health
CITIZEN COMMENTS
COUNCIL COMMENTS
CITY MANAGER REPORTS
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 July 21, 2026
b) Receive and file the following board and commission minutes:
Historic Commission- March 19 and May 21, 2026
Board of Health- June 9, 2026
c) Confirm the appointment of Emmaline Meyer to the position of Firefighter Paramedic in the
Department of Public Safety, Division of Fire.
d) Confirm the appointment of Martin Russell to the position of Assistant City Manager in the City
Manager’s Office.
e) Receive and file an Oath of Office for Emily Powell.
f) Accept the resignations of Verlena Stewart and Stephen Hightower from the Tax Incentive Review
Committee.
MOTION AGENDA
a) To authorize the City Manager to enter into a professional services contract with WJE Inc. to prepare
construction plans and specifications for replacing the City Building pavers in an amount not-toexceed $150,000.00.
b) To authorize the City Manager to enter into a contract with John R. Jurgensen Co. to proceed with the
Middletown Road Improvements PY39 in an amount not-to-exceed $4,825,022.15.
LEGISLATION
1.

Ordinance No. O2026-42, an ordinance authorizing all actions necessary to renegotiate the rate for
the governmental electric aggregation program and declaring an emergency.

Ordinance No. O2026-44, an ordinance authorizing the City Manager to enter into a contract with
the lowest cost supplier for the purchase of electric generation supply by the City of Middletown and
declaring an emergency.

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MIDDLETOWN CITY COUNCIL AGENDA
Tuesday, August 4, 2026
3.

Ordinance No. O2026-45, an ordinance authorizing a contract with Ohio Heavy Equipment Leasing
LLC, dba Loveland Excavating and Paving for the completion of Phase II public infrastructure
improvements at Renaissance Pointe and declaring an emergency.

Ordinance No. O2026-43, an ordinance denying a request to vacate a portion of Miller Road. (Second
Reading)

Resolution No. R2026-19, 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. (Police Grant Fund – DART Grant) (Second Reading)

Ordinance No. O2026-46, an ordinance amending Section 1411.02 (Promulgation of Rules and
Regulations), 1411.03 (Floodplain Administrator) and 1411.06 (Flood Damage Prevention
Regulations Adopted by Reference) of the Codified Ordinances. (First Reading)

UNFINISHED BUSINESS
NEW BUSINESS
EXECUTIVE SESSION Under the authority of O.R.C. 121.22 (G) (1) To consider the appointment, discipline,
promotion, demotion, or compensation of a public employee or official; and 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 negotiations 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.

Page 4 of 111

Ordinance No. O2026-42, an ordinance authorizing all actions necessary to renegotiate the rate for
the governmental electric aggregation program and declaring an emergency.

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MIDDLETOWN CITY COUNCIL AGENDA
Tuesday, August 4, 2026
3.

Ordinance No. O2026-43, an ordinance denying a request to vacate a portion of Miller Road. (Second
Reading)

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PRESENTATION

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CITIZEN
COMMENTS

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COUNCIL
COMMENTS

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CITY MANAGER
REPORTS

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CONSENT
AGENDA

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MIDDLETOWN, OHIO

July 21, 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
WORLD RECORD
AMERICAN FLAG
RETIREMENT

City Council Members present: J. Carter, S. West, J. Mulligan, E. Slamka, P. Lolli.
Mayor Slamka welcomed Adam Hunter, Founder & CEO of Old Glory Retirement
Foundation to the podium. Mr. Hunter stated that I come to the podium with a full heart,
carrying a message of profound pride for our community. The American flag is not just
a piece of cloth. It is a living symbol of our republic. Every thread is woven with the
sacrifices of our veterans. Every red stripe represents the blood of our fallen heroes.
Every white stripe reflects the purity of their service, and every star stands as a beacon
of liberty for our nation and an example to the world. When these flags have flown their
final watch—when they are worn, faded, and weathered by time—they deserve more
than simply being discarded. They deserve a final salute. Our foundation does not
simply dispose of retired flags. We conduct a solemn retirement ceremony, respectfully
returning them to ashes and ultimately to the soil of the nation they served. I am proud
to announce that this past weekend, the Old Glory Retirement Foundation, here in the
City of Middletown, completed the burial of the ashes from what we believe was the
largest single-day American flag retirement ceremony in history. Every flag that
completed its final watch now rests here in our community. To establish this
achievement with integrity and transparency, we knew we could not do it alone. An
accomplishment of this magnitude required independent verification and precise
documentation. Six days before our Fourth of July ceremony, we held an official count
of every flag to be retired. This was the foundational step in documenting the record.
We invited independent, trusted public officials to serve as judges and certify the
accuracy of our count. Tonight, I would like to recognize and thank those individuals.
First, Fire Chief Brian Wright. Chief Wright, your dedication to public safety is well known.
Before a single ceremonial fire was lit, you generously gave your time to help verify our
inventory. Your participation ensured that our counting process met the highest
standards of accuracy and organization. Thank you for helping place this historic effort
on a firm and credible foundation. Next, Detective Patrick Glassburn. Accuracy is a
cornerstone of law enforcement, and it was equally essential to this effort. Detective
Glassburn brought the careful attention to detail and credibility of an experienced
investigator to our count. Your official certification helped ensure that Middletown's final
numbers will stand beyond reproach. Thank you for your service. Finally, Mayor
Elizabeth Slamka. Leadership means showing up when the work needs to be done. By
volunteering to serve as an official judge during our count, you demonstrated your
support for our veterans, first responders, and patriots throughout the region. Your
participation sent a powerful message that Middletown's leadership stands behind the
values represented by our nation's flag. Thank you for your time, your leadership, and
your role in certifying this historic achievement. Because of the dedication of so many
volunteers and community partners, Middletown has earned recognition through this
remarkable accomplishment. We have now established our permanent home at
Horsepower Farm, where the fire of remembrance will continue to honor retired
American flags with dignity and respect. I would also like to invite the Mayor, members
of Council, and the community to join us on September 11 for our next ceremony,
Echoes of Honor: Beyond the Call, as we honor our local heroes through the respectful
retirement of Thin Line flags. Chief Wright, Detective Glassburn, and Mayor Slamka,
thank you once again for serving as our official judges and for standing with our
veterans and our community. May God bless the United States of America. Thank you.
Following his remarks, Mr. Hunter requested a photograph with Mayor Elizabeth
Slamka, Fire Chief Brian Wright, and Detective Patrick Glassburn. The Mayor agreed,
and the officials gathered for the photo. While the photograph was being arranged, Mr.
Hunter recorded a brief video and explained the foundation's decision to recognize the
achievement as a self-proclaimed world record rather than seeking certification from
Guinness World Records. Mr. Hunter stated that Guinness World Records required a fee
that the foundation considered excessive. He said the organization's public relations
director researched the requirements and recommended pursuing a self-proclaimed
record instead. Mr. Hunter also remarked that, as the United States approaches the
250th anniversary of its independence from Great Britain, the foundation preferred not
to have an organization based in England certify what it viewed as an American patriotic
achievement. He concluded that this was another reason for recognizing the
accomplishment independently. Mr. Hunter then announced the foundation's official
count: 17,169 retired American flags were included in the ceremony.

PUBLIC HEARING
Map Amendment for
3601 Towne Boulevard

Mayor Slamka announced that the next item on the agenda was a scheduled public
hearing. However, the City was notified that the applicant had requested to withdraw
the application. As a result, the public hearing would not be held. The Mayor explained

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that Council would instead consider the applicant's request to withdraw the application
for a map amendment for 3601 Towne Boulevard. Mr. Lolli moved to approve the
applicant’s request to withdraw the application. Mrs. Carter seconded. Motion carried.
Ayes: Mr. West, Mr. Mulligan, Ms. Slamka, Mr. Lolli, Mrs. Carter.
CITIZEN COMMENTS
Sam Ashworth

Sam Ashworth, 1912 Antrim Court, Middletown, addressed Council in support of the
Sorg Opera House. Mr. Ashworth stated that he has been involved with the Sorg Opera
House since 1981, when he helped organize a celebration marking the building's 90th
anniversary. He recalled that the event drew a full audience, including many residents
who had never previously visited the theater, and led to the formation of the Friends of
the Sorg. He explained that, over the following decade, the Friends of the Sorg produced
a number of small theatrical performances despite the limitations of the stage, which
was partially occupied by a permanently installed movie screen. He noted that the
group's efforts eventually helped pave the way for an opera company to perform at the
venue, resulting in several successful seasons. Mr. Ashworth also shared a personal
connection to the theater, noting that he and his wife were married on the Sorg Opera
House stage in 1996. He described the Sorg Opera House as "the gem of Middletown,"
emphasizing its historic role as both an entertainment venue and the city's cultural
center. He noted that, throughout its history, the theater hosted performances, political
speeches, and community events. Mr. Ashworth recalled that the long-term goal of the
Friends of the Sorg was to restore the theater as a venue for regular performances. He
acknowledged that the Opera House experienced difficult periods but credited the
dedication of volunteers and supporters with helping restore and sustain the facility. He
commented that the Sorg Opera House is a source of pride for Middletown and
expressed his continued support for its preservation and success.

Elizabeth Yauch

Elizabeth Yauch, 335 Rachel Drive, addressed Council in support of the Sorg Opera
House. Ms. Yauch stated that she was speaking in her capacity as legal counsel for the
Sorg Opera House and noted that she provides her legal services to the organization on
a pro bono basis because of her commitment to its mission. She commended the Sorg's
board members and volunteers for their years of dedicated work to restore what she
described as an extremely dilapidated historic building. She said the restoration has
progressed one project at a time and that the current stewards of the theater are
carrying forward the vision of Paul J. Sorg by preserving the building as a cultural
landmark. Ms. Yauch described the Sorg Opera House as an important part of
Middletown's shared history, noting that it has survived floods, fires, changes in
ownership, and periods of decline. She said generations of residents have attended
performances there, local artists have found a stage, and the theater has helped
preserve the character of downtown. She emphasized that once historic buildings are
lost, they cannot realistically be replaced. Turning to the economic impact of the theater,
Ms. Yauch stated that the Sorg attracts visitors from throughout Butler County and
southwest Ohio. She said patrons often dine, shop, and visit nearby establishments
before and after performances, generating business for local restaurants, breweries,
and other downtown merchants. She also noted that weddings held at the theater
frequently result in referrals to other local venues for receptions and related events. Ms.
Yauch argued that financial support for the Sorg should be viewed as an investment
rather than an expense, stating that maintaining the theater contributes to the local
economy and supports downtown businesses. She further observed that the City, Butler
County, local foundations, and the Butler County Finance Authority are investing in
downtown redevelopment projects, including new public amenities, a hotel,
apartments, restaurants, and retail development. She said downtown business owners
have been encouraged to remain patient while revitalization efforts continue but
emphasized that keeping businesses open during that transition presents ongoing
financial challenges. Ms. Yauch concluded by urging continued support for the Sorg
Opera House as both a historic landmark and an economic asset for downtown
Middletown.

Nancy Griffith

Nancy Griffith, 63 South Main Street, Middletown, addressed Council in support of the
Sorg Opera House. She stated that while many people associate the Sorg with concerts,
films, theatrical productions, and its historic architecture, the organization views the
theater as much more than an entertainment venue. She explained that the Sorg is
committed to serving the community through educational programs, training
opportunities, and community partnerships. In particular, she highlighted the theater's
collaboration with local police officers, firefighters, first responders, and emergency
personnel by making the historic building available for training exercises. Ms. Griffith
noted that the Sorg's multi-level layout, balconies, backstage areas, narrow hallways,
and other unique architectural features provide realistic training conditions that cannot
easily be replicated in a conventional training facility. She said these exercises allow

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emergency personnel to practice communication, coordination, emergency response,
and safe movement through complex environments, preparing them not only for
incidents at the Sorg but also for emergencies in other historic, commercial, and multistory buildings throughout the community. She stated that each time the Sorg hosts a
training exercise, educational program, community gathering, or public safety
partnership, the building serves as an important community resource in addition to its
role as an entertainment venue. Ms. Griffith expressed appreciation for the continued
support of the City, City Council, the City Manager, and the Police and Fire Departments.
She said the organization looks forward to strengthening its partnerships with public
safety agencies and other community organizations to help make Middletown safer,
stronger, and better prepared. Ms. Griffith stated that the Sorg Opera House belongs to
the community and should continue serving Middletown for generations to come. She
closed by saying, "Beautiful things make better citizens."
Christopher Pearce

Christopher Pearce, 3023 Ash Court, addressed Council in support of the Sorg Opera
House. Mr. Pearce stated that he has spent approximately 20 years as an educator in
the Middletown City School District and currently teaches English at Butler Tech. He
spoke about the educational opportunities provided by the Sorg Opera House,
explaining that, for the past four years, students from Middletown High School have
participated in an annual program known as "Night of the Midi Dead," which includes a
screening of the 1968 film Night of the Living Dead. Through the program, students
learn not only about the film but also about the history of the Sorg Opera House and the
Middletown community by volunteering to help organize and present the event. Mr.
Pearce stated that the Sorg Opera House is a unique community resource that benefits
all residents of Middletown. He said it provides an excellent opportunity for students
and future generations to learn about the city's history through direct involvement with
a significant historic landmark. Mr. Pearce said he is proud to volunteer at the Sorg
Opera House and praised the organization's volunteers and leadership for their work.

COUNCIL COMMENTS
Mr. Lolli

Mr. Lolli remarked that it is an exciting time to be involved in Middletown and said the
community is experiencing significant positive momentum despite some negative
perceptions expressed on social media. He stated that the presentation regarding the
Sorg Opera House highlighted an important component of the City's downtown
revitalization efforts. Referring to previous comments by Joshua Smith, Director of the
Butler County Finance Authority, Council Member Lolli said continued progress depends
on moving development projects forward. He noted that redevelopment efforts are
occurring throughout the community, including the Renaissance development project
on the east side of the city and the planned arena. He also stated that the City has
received a letter of intent from the United States Hockey League regarding the
placement of a franchise in the new arena. He described the USHL as a premier junior
hockey league that develops players for Division I college hockey and the National
Hockey League. Council Member Lolli also highlighted Cleveland-Cliffs' announced
approximately $1 billion investment in its Middletown steelmaking operations,
describing it as a significant commitment to the community's long-term future. Mr. Lolli
thanked the City Manager and City staff for their day-to-day work advancing these
initiatives and expressed appreciation to both current and former members of Council
for their continued support of Middletown's economic development and revitalization
efforts.

Mrs. Carter

Mrs. Carter commented that Middletown continues to make positive progress and that
the community is "rolling along." She recently attended a meet-and-greet for a new local
basketball team known as the Middletown Maulers, explaining that the team's name
honors Middletown's historic rolling mill and the city's industrial heritage. She was
excited about the new team and had encouraged participation by the City's Police and
Fire Departments in community basketball activities to help generate enthusiasm and
strengthen community engagement. She also congratulated the community's
hometown heroes for their service and contributions.

Mr. West

Mr. West thanked the Sorg Opera House and those involved in its preservation and
revitalization efforts. He stated that the Sorg is special not only because of its history
and current redevelopment efforts, but because of the people who have dedicated
themselves to the project. He noted that, for many years, there were doubts about
whether the Sorg would ever host performances again. Council Member West credited
the persistence, dedication, and passion of community volunteers with making the
restoration effort possible, describing it as a significant achievement that few
communities could replicate. Mr. West discussed the challenges facing downtown
Middletown over the years, noting that while there have been periods of success,
downtown redevelopment has often been difficult due to factors such as limited

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residential population and complex redevelopment projects. He referenced properties
such as the Manchester, which faced extended redevelopment timelines under
previous ownership. He stated that downtown Middletown is now gaining momentum
and recognized that revitalizing downtown has been a major priority for both the current
and previous City Councils. Mr. West also highlighted development efforts on the east
end of the city, stating that the potential partnership with the United States Hockey
League through a letter of intent for a new arena franchise is a significant regional
opportunity. He noted the strength of the league and its role in developing players who
advance to Division I college hockey and the National Hockey League. He added that
growing interest in youth hockey throughout the area could inspire future generations
of athletes and provide additional opportunities for local children. Mr. West concluded
by thanking those involved and expressed anticipation for additional comments
regarding the Sorg Opera House from Mr. Horn.
Mr. Mulligan

Mr. Mulligan stated that he agreed with the comments previously shared by other
Council members. He then offered congratulations and appreciation to the organizers,
volunteers, donors, vendors, and supporters of the Ohio Challenge Balloon Festival. Mr.
Mulligan shared that he attended the event at Smith Park on Saturday prior to the arrival
of severe weather and observed thousands of families enjoying the festival and
spending time together in Middletown. He acknowledged that weather conditions
created challenges for this year's event but praised the dedication of everyone involved,
including event organizers led by David Pearson, City crews, volunteers, vendors, and
attendees. He recognized the thousands of hours of effort required to make the festival
successful. Mr. Mulligan described the Ohio Challenge Balloon Festival as a signature
event for Middletown and expressed his anticipation for its return next year.

Ms. Slamka

Ms. Slamka shared upcoming community events and encouraged residents to
participate in local programs and activities. She encouraged residents to attend the CBI
Rise Program End-of-Summer Student Showcase on Thursday, July 23, from 1:00 p.m.
to 3:00 p.m. at Middletown High School’s Community Room. She stated that the event
would celebrate students’ accomplishments in learning, leadership, and personal
growth. Ms. Slamka also announced the Middletown Development Code Update
Community Open House scheduled for Thursday, July 23, at 6:00 p.m. at the Event
Center of Middletown, 3907 Central Avenue. She stated that attendees would hear
updates from the Gibbons Planning Group and have an opportunity to provide feedback.
She noted that this would be the final public meeting in the planning process. She
invited residents to attend the Centerpoint Health Back-to-School Festival on Saturday,
July 25, from 9:00 a.m. to 1:00 p.m. at 231 North Breiel Boulevard. She stated that the
free, family-friendly event would provide school resources, activities, school physicals,
hygiene supplies, and school supplies for students. Ms. Slamka reminded residents
about the Thunderfest Cruise In Car Show on Saturday, July 25, from 11:00 a.m. to 4:00
p.m. in downtown Middletown along Central Avenue between Main Street and Verity
Parkway. She encouraged car enthusiasts and community members to attend. She
announced the Youth Health Fair scheduled for Tuesday, July 28, from 3:00 p.m. to
6:00 p.m. at Sonny Hill Community Center, 800 Lafayette Avenue. She stated that the
event would offer youth physicals and immunizations, adult health screenings,
activities, vendors, and door prizes. She also highlighted a bicycle rodeo presented by
the Middletown Kiwanis Club, which would include free helmets, snacks, and
giveaways. Ms. Slamka announced a free Teen Night at Prime Time Fieldhouse, 800
Second Avenue, on Tuesday, July 28, from 5:00 p.m. to 8:00 p.m. She stated that the
facility would offer basketball, pickleball, soccer, snacks, and games in a safe and
structured environment for teens. She invited residents to attend MOAM (Middletown
Open Air Market) Homegrown Harvest on Saturday, August 1, from noon to 5:00 p.m.
at 916 First Avenue. She described the event as a celebration of local food producers
and community members who grow and create local products. Ms. Slamka reminded
residents that National Night Out would take place on Tuesday, August 4, at Smith Park
from 5:00 p.m. to 9:00 p.m. She stated that the free family event would include food,
games, music, vendors, and community resources. She also encouraged residents to
visit the Police and Fire Department booths to provide feedback on transportation
concerns as part of the City's Safe Streets for All Action Plan development. She
announced the upcoming Rafts and Crafts event on Saturday, August 8, and recognized
the partnerships of MetroParks of Butler County, Downtown Middletown, Inc., and
Middletown Adventure Company in highlighting local waterways and outdoor recreation
opportunities. Ms. Slamka also announced Hops in the Hangar on Saturday, August 22,
noting that the event would include a new City of Middletown air show tailgate. She
reminded residents that applications for City boards and commissions are accepted
throughout the year and encouraged those interested in serving the community to
apply. Ms. Slamka encouraged residents to find meaningful ways to contribute to
Middletown, whether through volunteering, serving on committees, participating in

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community activities, helping neighbors, caring for public spaces, or maintaining a
positive and giving attitude. She emphasized that the community is connected and that
everyone plays a role in shaping the future of the city.
CITY MANAGER
REPORTS
Electric Energy
Aggregation
Presentation

City Manager Combs welcomed Rich Surace of Energy Alliances to the podium. Mr.
Surace discussed the City's electric aggregation program and the need to begin
reviewing options for the program's continuation. Mr. Surace stated that Energy
Alliances had updated Council approximately one year ago and that it was time to
evaluate future energy pricing and contract options. He reported that since the City
began its aggregation program in December 2023 through May 2025, the program had
generated approximately $3.9 million in combined savings for residents and
participants. He noted that additional summer savings, based on Duke Energy's rate of
approximately 10.7 cents per kilowatt-hour compared to the aggregation rate of
approximately 9.29 cents, continued to demonstrate the program's success. Mr. Surace
explained that the current energy market remains challenging due to two primary cost
factors: the cost of energy generation and the cost of capacity. He described capacity
as the balance between electricity supply and demand, noting that demand has
increased significantly while available supply has not kept pace. He cited increased
demand from sources such as data centers and limited growth in power generation as
contributing factors to higher energy prices. He stated that these market conditions are
affecting all consumers, regardless of whether they participate in aggregation, remain
with the utility, or shop independently. He explained that current energy prices are
significantly higher than they were one or two years ago. Mr. Surace reported that
Energy Alliances had reviewed current market rates and stated that, if current pricing
remained unchanged, the recommendation would be not to continue the aggregation
program at this time. However, he noted that the City has several months before a
decision must be made and that a contract would need to be executed by approximately
the second week of October if the City chooses to continue the program. He explained
that the purpose of beginning the review process early was to allow City staff and
Council time to evaluate options and potentially authorize the City Manager to enter into
an agreement if favorable pricing becomes available. Mr. Surace stated that Energy
Alliances would continue monitoring the market between August and October. If an
acceptable rate can be secured, the recommendation would be to continue the
aggregation program. If a favorable rate cannot be obtained, Energy Alliances would
recommend a temporary pause of the program and a return to Duke Energy's standard
service rate as a backup plan. He explained that a pause would not end the City's status
as an approved electric aggregator. The City's certification as an aggregator and the
operation of an active aggregation program are separate matters. He stated that the
program could be restarted when market conditions become more favorable, potentially
in the spring. Mr. Surace noted that Energy Alliances has recommended temporary
pauses for other communities when market conditions did not support continued
aggregation, including more than 13 communities in the previous year and five
communities during the current year. He emphasized that the firm's goal is to
recommend the option that provides the best outcome for residents. He thanked
Council for its continued trust in Energy Alliance and stated that the firm would continue
working with the City to evaluate pricing and determine the best path forward. City
Council asked whether there was any limit to how long the aggregation program could
remain paused. Mr. Surace responded that there is no set time limit on a pause. He
explained that the City can remain certified as an aggregator even while the active
program is paused. He stated that Energy Alliances manages the City's aggregator
certification process separately and that, if the program were paused for several
months and restarted in the spring, that option would help avoid potentially unfavorable
winter pricing. Mr. Surace reiterated that the goal would be to restart the program when
market conditions provide a rate that benefits residents.

RAILROAD CROSSING
WAYFINDING SIGNS
PRESENTATION

City Manager Combs welcomed Public Works Director, Scott Tadych, to the podium to
provide an update regarding the railroad crossing wayfinding signage project. Before
discussing the signage project, Mr. Tadych provided a brief update regarding the
paperboard gravel pile. He stated that the contractor remains on schedule to complete
removal of the material by the middle of the following week and noted that significant
progress had been made. Regarding the railroad crossing wayfinding signage project,
Mr. Tadych reported that the signs have been manufactured and that the City's Street
Maintenance Division is expected to begin installation the following week. He estimated
that installation of the signs would take approximately one week. Mr. Tadych explained
that the City is awaiting delivery of communication equipment needed to activate
flashing warning beacons when railroad crossings are blocked. He stated that the City's
Electronics Maintenance staff has sourced most of the necessary equipment and will
begin installation work the following week. Completion of the flashing beacon system
will depend on receipt of the remaining components, but he estimated the project

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should be completed within approximately three to four weeks. He clarified that the
wayfinding signs will be installed and operational while the City completes the remaining
work associated with the flashing beacon equipment. City Council asked how long it
would take to install the flashing lights once the remaining electronic components are
received. Mr. Tadych responded that the installation will be completed by City staff and,
assuming no unexpected issues arise, should take approximately one week. He added
that staff will complete preliminary work with the components already available so the
final installation can proceed quickly once the remaining equipment arrives.
Update from SORG

City Manager Combs welcomed Mr. Paul Horn to the podium to provide an update on
the Sorg Opera House. Mr. Horn thanked City Manager Combs, Mayor, and City Council
for the opportunity to present information regarding the organization's progress, current
projects, and future plans. Mr. Horn stated that public comments made during Council
meetings are valuable because they create a public record and allow residents and
organizations to communicate their passion, concerns, and accomplishments directly.
He expressed appreciation for those who previously spoke in support of the Sorg Opera
House. He explained that the Sorg Opera House is operated by volunteers and serves
as both an economic driver and entertainment venue for Middletown. He identified
three primary aspects of the Sorg's mission: history, arts, and entertainment. Mr. Horn
stated that the Sorg Opera House is the last active 19th-century business in Middletown
still operating under the original founders' vision and business plan. He emphasized the
importance of preserving the building's history and noted that the organization has
documented that history through research and publications. He encouraged residents
to explore the Sorg's historical resources, including photographs and archival materials,
which demonstrate how the building has evolved while maintaining its historic
character. Mr. Horn described the Sorg as a place where residents can participate in
music, theater, painting, and photography. He stated that artistic activities require
discipline, effort, and creativity that cannot be replaced by technology. He noted that
musicians, actors, painters, and photographers use the Sorg as a space to develop their
skills and share their work. He highlighted opportunities such as art nights and
community performances. Mr. Horn announced a new holiday-season program called
"Festivus for the Rest of Us," which will allow community members to create and perform
their own short productions on the Sorg stage.
Mr. Horn explained that the Sorg's funding comes from several sources, including:
• Ticket sales and performances
• Concessions and the newly added balcony bar
• Donations from patrons and supporters
• Community events
• The new 334 Funding Program
He explained that the 334 Program allows individuals, organizations, and businesses
to contribute $3,000 in the first year, $3,000 in the second year, and $4,000 in the
third year. He stated that the program provides predictable revenue and allows the
organization to better plan for operations.
Mr. Horn noted that community visibility is important because many residents still ask
whether the Sorg is open. He stated that participation in community events such as
Sounds of Sunset, Hops in the Hangar, and golf outings helps demonstrate that the
theater remains active.
Mr. Horn recognized financial supporters and partners, including:
• Middletown Community Foundation
• City of Middletown
• First Financial Bank
• Cleveland-Cliffs Foundation
• 1891 Guild
• South Main Historical Group
• Miran J. Null Foundation
• Hops in the Hangar
• Sounds of Sunset
• Highland Heights District
• Concert attendees and guests
He also highlighted community partnerships with the Middletown Lyric Theatre, Butler
Philharmonic Orchestra, Middletown City Schools, Reimagine Middletown, Community
Building Institute, Middletown Rotary, and Gravel Road Brewing Company. Mr. Horn
noted the partnership with Gravel Road Brewing Company, explaining that two of the
Sorg's four draft beer selections are provided by Gravel Road, creating opportunities for
patrons to visit local businesses before and after performances. Mr. Horn highlighted
several Sorg events and programs, including:

Page 17 of 111

MIDDLETOWN, OHIO

July 21, 2026

•

The 1891 Series, featuring music, refreshments, and opportunities for
community gathering
• Colonial Days at the Sorg
• Crafting with the Classics
• CBI's Middletown Rocks
• Rotary fundraising events
• Golf outings
• Sounds of Sunset
He discussed recent performances and stated that ticket data shows the Sorg attracts
visitors from outside Middletown and even outside Ohio. He highlighted performances
by local artist Scotty Bratcher, Rhonda Vincent and the Rage, 1980s tribute bands, and
The Cleverlys, noting attendance from multiple states.
Mr. Horn provided an update on improvements completed through the Ohio Facilities
Construction Commission (OFCC) project. He thanked City Council for partnering with
the Sorg through a promissory note that allowed the project to proceed. He highlighted
completed improvements, including:
• A renovated lobby area with modern digital display screens
• Historical displays showcasing the Sorg's past
• A new concession stand
• Improvements to performer preparation areas
• Roof improvements that protect the historic structure
• New LED safety lighting in performance areas and stairways
Mr. Horn emphasized that maintaining the building envelope and preventing water
intrusion are critical because the Sorg building is more than 135 years old. Mr. Horn
identified several future priorities, including expansion of the women's restroom
facilities. The proposed improvements would include:
• Six stalls, including two ADA-compliant stalls
• Additional sinks
• Expanded capacity to better serve audiences
He also discussed plans for a future lounge area in the building's storefront space. The
preliminary concept includes:
• Additional restrooms
• A bar area
• Seating and gathering space
• A small performance area
• Digital displays
Mr. Horn stated that the lounge would improve patron flow during sold-out events and
create additional opportunities for corporate events, community gatherings,
performances, and private functions. He estimated preliminary costs for the lounge
project at approximately $400,000 and stated that completion would depend on future
funding opportunities, including potential OFCC support and community partnerships.
Mr. Horn stated that the Sorg contributes to downtown economic activity by bringing
visitors who also patronize nearby restaurants and businesses. He said he has
personally observed increased activity at nearby establishments during Sorg events. He
described the Sorg as an important component of the City's downtown investment
strategy and stated that future residential, retail, and entertainment development will
benefit from having an active cultural venue downtown. Mr. Horn requested $50,000
in operational funding from the City of Middletown to support ongoing expenses.
City Council asked Mr. Horn to clarify what expenses would be covered under
operational costs. Mr. Horn explained that operational funding would support
maintenance of commercial-grade equipment, utilities, repairs, and ongoing building
operations. He stated that nonprofit organizations often operate with limited resources
and may need to acquire used equipment, making proper maintenance essential. He
explained that the Sorg is transitioning toward commercial-grade systems rather than
residential equipment because the building hosts frequent events and places
significant demands on mechanical systems. He emphasized the importance of
professional maintenance for HVAC, electrical systems, and other infrastructure. Mr.
Horn stated that the funding request is not for cosmetic improvements but for
maintaining the facility, including electricity, water, and other commercial operating
expenses. City Council asked about the timeline for the proposed lounge project. Mr.
Horn stated that the timeline depends on funding availability. He explained that the
project would require electrical work, a dedicated commercial HVAC system, plumbing
improvements, and construction of the proposed bar and restroom areas. He stated
that the Sorg is actively pursuing funding through grants, partnerships, and community
contributions. City Council asked whether other organizations would provide matching

Page 18 of 111

MIDDLETOWN, OHIO

July 21, 2026

funds for the City's requested contribution. Mr. Horn explained that the Sorg is actively
seeking additional private and organizational support through the 334 Funding Program
and other grant opportunities. He stated that the organization is approaching
individuals, businesses, and groups to participate in the program. He noted that no
major matching commitment has been secured at this time but said the Sorg continues
to pursue partnerships and funding opportunities. He compared the request to other
community organizations that receive annual operational support. Mr. Horn concluded
by stating that the Sorg is a revenue-generating community asset and that continued
support will help sustain its role as a cultural and economic contributor to Middletown.
Council discussed a request from the SORG Opera House for a $50,000 contribution
from the City. In response to a question regarding available funding sources, the City
Manager stated that sufficient funds are available through the Civic Development Fund,
which has previously been used for similar requests. Mr. Lolli expressed support for the
request, stating that the SORG Opera House is an important component of downtown
development efforts and plays an integral role in the overall downtown revitalization
plan. Mr. Lolli noted ongoing discussions involving downtown development partners and
stated that preserving the historic building would help maintain an important part of
Middletown’s history and recommended moving forward with approving the $50,000
request. The Assistant Law Director advised that the contribution could likely be
approved through a motion authorizing a $50,000 donation to the SORG Opera House
from the Civic Development Fund and directing the City Manager to take the necessary
actions to complete the donation. Discussion was held regarding the appropriate
process for providing taxpayer-funded assistance to nonprofit organizations. Mr.
Mulligan expressed general support for the SORG Opera House but requested
additional documentation outlining the benefit the City receives in exchange for the
contribution. He stated that, while nonprofit organizations provide valuable services,
the City should have a clear written understanding of the public benefit associated with
financial assistance. Other council members expressed support for the SORG Opera
House and recognized its contributions to downtown, community events, affordable
entertainment, and partnerships with local organizations. Members noted the
organization’s history, volunteer support, fundraising efforts, and role in supporting the
quality of life for residents. Mr. Horn stated that the requested funding would assist with
ongoing operations and preservation efforts and emphasized that the organization
continues to provide services to residents, businesses, and community groups while
operating with significant volunteer support. Council agreed that additional
documentation should be prepared outlining the terms of the City’s support, similar to
prior agreements with other community organizations. Staff was directed to prepare an
agreement for review at the August 4 meeting. The SORG representative confirmed that
the additional review period was acceptable and expressed appreciation for Council’s
consideration. The City Manager confirmed that staff would prepare the necessary
documentation for the August 4 meeting, including consideration of whether the matter
should proceed as a first reading or emergency legislation, if appropriate.
CONSENT AGENDA

Approve the City Council Minutes of July 7, 2026
Confirm the appointment of Ryan Myers to the position of Firefighter Paramedic in the
Department of Public Safety, Division of Fire.
Confirm the appointment of Jacob Adams to the position of Firefighter Paramedic in the
Department of Public Safety, Division of Fire.
Confirm the appointment of Brock Heidtman to the position of Firefighter Paramedic in
the Department of Public Safety, Division of Fire.
Confirm the appointment of Zachary Pingleton to the position of Firefighter Paramedic
in the Department of Public Safety, Division of Fire.
Confirm the appointment of Jay Mikesell to the position of Firefighter Paramedic in the
Department of Public Safety, Division of Fire.
Confirm the conditional appointments of Brayden Bowell and Brett Kohl to the position
of Firefighter-EMT in the Department of Public Safety, Division of Fire.
Confirm the conditional appointment of Emily Powell to the position of Code Specialist
in the Community & Economic Development Department.
Confirm the conditional appointment of Kamari Fuller to the position of Patrol Officer in
the Department of Public Safety, Division of Police.

Page 19 of 111

MIDDLETOWN, OHIO

July 21, 2026

Confirm the conditional appointment of Yolanda Ramirez to the position of Corrections
Officer in the Department of Public Safety, Division of Police.
Confirm the conditional appointment of Spencer Schmidt to the position of Patrol Officer
in the Department of Public Safety, Division of Police.
Receive and file Oaths of Office for Matthew Clayton, Tyler Dilbeck and Sydney Harlow
Approve the final plat for The Atticus planned development.
Approve the final plat for Section 3 of Heritage Landing.
Mr. West moved to approve the issues and actions listed on the Consent Agenda. Mr.
Lolli seconded. Motion carried. Ayes: Ms. Slamka, Mr. Lolli, Mrs. Carter, Mr. West, Mr.
Mulligan.
MOTION AGENDA
Accept a $10,000
Grant from the
Energy Transfer First
Responder Fund for
the Division of Fire
LEGISLATION
Ord. No. O2026-42
Electric Aggregation
Rate 2026

To authorize the City Manager to accept a $10,000.00 grant from the Energy Transfer First
Responder Fund for the Division of Fire.
Mr. Lolli moved to authorize the City Manager to accept a $10,000.00 grant from the
Energy Transfer First Responder Fund for the Division of Fire. Mr. West seconded. Motion
carried. Ayes: Mr. Lolli, Mrs. Carter, Mr. West, Mr. Mulligan, Ms. Slamka.

Ordinance No. O2026-42, an ordinance authorizing all actions necessary to renegotiate
the rate for the governmental electric aggregation program and declaring an emergency
was read with no action is requested until August 4, 2026.

Ord. No. O2026-43
Street Vacation
Denial - Miller Road

Ordinance No. O2026-43, an ordinance denying a request to vacate a portion of Miller
Road was read for the first time.

Res. No. R2026-19
Supp Approp (Police
Grant - DART Grant)

Resolution No. R2026-19, 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 was read for the first time. (Police
Grant Fund – DART Grant

NEW BUSINESS

Ms. Slamka requested a report regarding multifamily housing. The requested report should
provide an update on the City’s current multifamily housing inventory and compare existing
conditions with the recommendations and needs identified in the City’s previous housing
study.

MULTI- FAMILY
HOUSING REPORT
AUGUST 4 MEETING
START TIME 4 P.M.

Council discussed adjusting the start time of the August 4 City Council meeting due to
National Night Out. After discussion, Council agreed to begin the meeting at 4:00 p.m. to
allow members, staff, and the public the opportunity to attend the event. Staff will issue
the required notice and prepare the special meeting documentation for the regular
business meeting. The August 4 meeting will be held in Council Chambers.

EXECUTIVE SESSION

At 7:05 p.m., Mr. Mulligan moved to adjourn to executive session under the authority of
O.R.C. 121.22 (G) (1) To consider the appointment, discipline, promotion, demotion, or
compensation of a public employee or official. Mr. West seconded. Motion carried. Ayes:
Mrs. Carter, Mr. West, Mr. Mulligan, Ms. Slamka, Mr. Lolli.

RETURN

At 7:24 p.m., Mr. West moved to return to open session. Mr. Mulligan seconded. Motion
carried. Ayes: Mr. West, Mr. Mulligan, Ms. Slamka, Mr. Lolli, Mrs. Carter.

ENDORSE MRS.
CARTER BCRTA
REPRESENTATIVE

Mr. Lolli moved to endorse Mrs. Carter as the Butler County Regional Transportation
Authority (BCRTA) Representative. Mr. West seconded. Motion carried. Ayes: Mr.
Mulligan, Ms. Slamka, Mr. Lolli, Mrs. Carter, Mr. West.

ADJOURN

At 7:25p.m., the meeting was declared adjourned until the special meeting for the
purpose of regular business on August 4, 2026, at 4:00 p.m. in Council Chambers.
______________________________
Elizabeth Slamka, Mayor
Attest: ___________________________

Page 20 of 111

HUMAN RESOURCES

July 23, 2026

TO:

Ashley Combs, City Manager

FROM:

Megan Ellis, Human Resources Manager

SUBJECT:

APPOINTMENT – FIREFIGHTER PARAMEDIC

We are recommending the appointment of EMMALINE MEYER to the position of Firefighter
Paramedic in the Department of Public Safety, Division of Fire. Ms. Meyer is currently
employed in the Division of Fire as a Firefighter EMT. This appointment is taking place
based on the MOU and contract language related to authorized percent strengths: IAFF,
LOCAL #336 Article 7.
Ms. Meyer will be assigned to Range FF-PM, FO1, Step C which provides a salary of
$75,797.15 annually. The effective date of the appointment is July 18, 2026.
/cs
c:

Amy Schenck, Clerk of Council
Brian Wright, Fire Chief
Human Resources
Finance (Payroll)
File

Ccmtg8/4/2026

Page 21 of 111

HUMAN RESOURCES

July 29, 2026

TO:

Ashley Combs, City Manager

FROM:

Megan Ellis, Human Resources Manager

SUBJECT: APPOINTMENT – ASSISTANT CITY MANAGER
We are recommending the appointment of MARTIN RUSSELL to the position of Assistant
City Manager in the City Manager’s Office. He will fill the vacancy created by the
appointment of Ashley Combs.
Mr. Russell will be assigned to Range 164, Step H, which provides a salary of $6,988.80 biweekly, $181,708.80 annually. The appointment is conditional upon the candidate passing
the required background and medical evaluation.

Amy Schenck, Clerk of Council
Human Resources
Finance (Payroll)
file

ccmtg8/4/26
.

Page 22 of 111

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Page 23 of 111

MOTION
AGENDA

Page 24 of 111

STAFF REPORT
For the Business Meeting of: August 4, 2026

July 22, 2026
TO:

Ashley Combs, City Manager

FROM: Scott Tadych, Public Works and Utilities Director
Professional Services Contract – City Building Paver
Replacement

PURPOSE
To authorize the City Manager to enter into a professional services contract with WJE Inc. to prepare
construction plans and specifications for replacing the City Building Pavers
BACKGROUND AND FINDINGS
The pavers around the City Building have been a pedestrian safety issue and liability concern for
many years. Coupled with ongoing water leakage issues in the Lower Level and surface drainage
issues, staff is recommending that plans and specifications be developed to replace the pavers with
concrete.
Earlier this year, a subsurface investigation was preformed along the north side of the building which
if above portions of the police department to determine the best alternative for replacing the pavers
and eliminating the water leakage issues.
The improvements will include replacing all pavers around the perimeter of the building including
the breezeway. City Staff comprised of the City Manager, Public Works & Utilities Director, Police
Chief, Fire Chief, Municipal Judge, and Director of Court Services is recommending to close the
north drive to vehicle traffic for safety purposes and to provide an inviting and sustainable pedestrian
path and entry way to the north building entrance.
ALTERNATIVES
Continue to maintain the pavers as is.
FINANCIAL IMPACT
This professional services contact is in an amount not-to-exceed $150,000.00. The cost will be split
between General Capital (220), Sewer Capital (495), Water Capital (494), and Storm Water Capital
(415). Funds are appropriated in the 2026 budget.
EMERGENCY/NON-EMERGENCY

Page 25 of 111

Motion Agenda
ATTACHMENTS
WJE Proposal

Page 26 of 111

Wiss, Janney, Elstner Associates, Inc.
10 South LaSalle Street, Suite 2600
Chicago, Illinois 60603
312.372.0555 tel
***.wje.com

July 8, 2026
Mr. William Horst, P.E.
City Engineer
City of Middletown - Engineering
1 Donham Plaza
Middletown, Ohio 45042

Middletown Municipal Building
Plaza Repair Design
WJE No. 2025.3155
Dear Mr. Horst:
Thank you for giving Wiss, Janney, Elstner Associates, Inc. (WJE) the opportunity to prepare this proposal
to provide professional services to assist the City of Middletown with designing repairs for the
Middletown City Building exterior plaza located at 1 Donham Plaza in Middletown, Ohio.
This proposal includes our understanding of the project, our proposed scope of services, and proposed
compensation for our services.

BACKGROUND
Designed in 1976, the Municipal Building is a four-story structure constructed with a cast-in-place
reinforced concrete frame consisting of beams and columns, with concrete floor joists and one-way slabs
at each floor level. The below-grade foundation walls serving the single-story lower level also consist of
cast-in-place reinforced concrete. The exterior walls above grade consist of face brick masonry with either
concrete masonry unit (CMU) or face brick backup. A below-ground parking structure is located directly
north of the Municipal Building and was constructed contiguous with the Municipal Building lower level.
Portions of the exterior plaza are supported by the reinforced concrete lower level structure.
WJE recently performed an investigation of the Municipal Building
plaza and existing clay masonry hexagonal pavers surrounding the
perimeter of the building. Findings of our investigation and general
recommendations for repair were presented in our June 10, 2026
report.
Concurrently with WJE’s investigation, Middletown contracted
separately with Fishbeck, Inc. (Fishbeck) to survey and establish
target elevations throughout the plaza, perimeter curbs, and
roadway along the north facade (Figure 1).

Figure 1. Middletown Building,
north and west facade.

Page 27 of 111

Mr. William Horst, P.E.
City of Middletown - Engineering
July 8, 2026
Page 2

storm water systems. We have assumed Fishbeck will remain separately contracted by the City of
Middleton.
During our June 25, 2026 meeting, Middletown informed us we should assume that the existing north
facade roadway will be removed as part of the plaza repairs. Fishbeck will design removable vehicle
bollards and new roadway curbs to direct traffic to vehicle parking and roadways on the south, east, and
west sides of the building. The approximate extent of plaza area to be addressed is identified in Figure 2.

Figure 2. Partial site plan reproduced from the 1976 drawings, not to scale. The Municipal Building plaza is highlighted
in blue and the extent of waterproofing to be addressed as part of repairs is identified by the red dashed line.

SCOPE OF SERVICES
To assist the City of Middletown with implementing plaza repairs, we propose the following scope of
services.

Plaza Repair Design
1. Repair Drawings. WJE will prepare plans, partial elevations, sections, and details to describe the
scope of plaza repairs. Our repair documents will be prepared under the premise that the project will
be executed as a single comprehensive repair project. We presently assume that scope will generally
consist of the following:
a. Remove existing clay masonry pavers and setting materials and design a new concrete slab
wearing surface.
b. Removal and replace existing waterproofing above first floor structural slab. We will design
flashings for various existing conditions to remain including door thresholds, exterior brick
masonry facade, concrete light monitors on the west facade, and the concrete parapet wall above
the north facade lower level entryway. We presently assume that the existing plaza exterior lights
will be removed and will not be replaced.
c. Walking surfaces and site entry points to comply with the Americans with Disabilities Act (ADA)
Standards for Accessible Design.

Page 28 of 111

Mr. William Horst, P.E.
City of Middletown - Engineering
July 8, 2026
Page 3

d. Consult with Fishbeck on new drains to be installed in the breezeway and to account for storm
water runoff throughout the north plaza in the wake of the roadway removal. We assume that
Fishbeck will handle all storm water piping details and tie ins with municipal storm water systems.
e. Modify or remove and replace the slabs-on-ground adjacent to the supported slab to reduce the
potential for differential movement concrete cracking and minimize tripping hazards.
f. Repairs to address existing cracked exterior brick masonry facades.
g. Repairs to address existing cracked, spalled, or delaminated concrete at the lower level along the
north facade (column line F).
2. Project Manual. Prepare technical specifications, a bid form, and a project manual to describe the
scope of the repairs. The project manual will establish the standards by which the selected contractor
is to perform the plaza repairs and will include general project and contract requirements. We assume
that Division 00 for procurement and contracting requirements and Division 01 for administrative and
procedural requirements will be provided to us by City of Middleton for our review and that we will
make comments or edits (redlines) for Middletown’s consideration to incorporate in the construction
documents.
3. Design Review Meetings. We will meet with Middletown and Fishbeck at regular (biweekly) intervals
to coordinate ongoing work and address details where there is overlap between architectural and civil
disciplines.
4. Owner’s Review. We will submit 95 percent completed bid documents (drawings and project manual)
to Middletown for their review.
5. Bid Documents. We will incorporate comments from Middletown and deliver completed drawings
and specifications for Middletown’s bid solicitation.

Bidding Assistance
1. Pre-Bid Conference. Attend a pre-bid conference (in person) with Middletown and potential bidders
to review the anticipated scope of work, project-specific requirements, and address questions raised
by the bidders.
2. Requests for Information. We will respond to questions from bidders as necessary and prepare
addenda if requested during the bidding period. For budgeting purposes we have assumed one
addenda will be prepared for the project.
3. Bid Review. Review the bids for irregularities and prepare and submit a bid comparison to
Middletown to assist in awarding a contract.
4. Bidder Interviews. Participate in virtual interviews with a short list (2-3) bidders if requested by
Middletown to verify or clarify bidder assumptions based on bids received.

COMPENSATION
We will perform the services described above for a fixed fee of $150,000. All WJE services will be
performed and billed in accordance with the attached Terms and Conditions for Professional Services, or
other mutually agreeable terms and conditions. We anticipate billing City of Middletown monthly based
on a percentage of completion basis. A breakdown of the proposed fee is provided in Table 1 below.

Page 29 of 111

Mr. William Horst, P.E.
City of Middletown - Engineering
July 8, 2026
Page 4

Table 1. Breakdown of Professional Services
Description of Services

Fee Amount

Plaza Repair Design
Repair Design and Construction Drawings

$105,000

Project Manual

$23,000

Repair Design Coordination with Middletown and Fishbeck

$12,000

Bidding Assistance

$10,000

For budgeting purposes we have assumed that we will prepare up to twenty (20), 30 x 42 inch drawing
sheets and up to fifteen (15) technical specification sections.
Please note that the breakdowns provided above are not fixed amounts for each task. The proposed
breakdown amounts are approximate, and our fee related to each task may vary from the breakdown
provided above. We will advise you if we encounter conditions during our repair design work that
expands the scope of our services or warrants an increase in budget. We will not exceed our proposed fee
or proceed with “additional services” prior to obtaining written approval for such services from
Middletown.

ADDITIONAL SERVICES
WJE assumes that Fishbeck will be the designer of record for below-plaza storm water removal and
replacement, including any tie-in details to municipal storm water systems. Any services beyond those
presented above are considered “additional services.” Additional services above and beyond the tasks
described above will be performed, if requested by Middletown, and invoiced at the hourly rate in effect
at the time that the work is performed, or another negotiated fee.
Please note that our proposed fee does not include any Construction Phase services. With most repair
design projects, WJE provides Construction Phase Services during the repair work construction. WJE’s
construction phase services often include participation in project progress meetings, meeting minutes,
submittal reviews, shop drawing reviews, responding to contractor requests for information (RFIs), pay
application review, periodic site visit to visually observe the general progress of construction and to
determine if the repairs observed during these site visits are being performed in general conformance
with the contract documents, and punchlist development at the completion of the project. WJE also
responds to unforeseen or concealed conditions encountered during execution of the work that deviate
from known conditions contemplated in the repair document. The scope of our services can be tailored to
suit the needs of the project.
Our fee for Construction Phase Services can range between $15,000 and $25,000 per month for the
duration of the project which is based on many factors out of our control, including quality of the selected
contractor, the phasing and schedule of the contractor, and unforeseen conditions uncovered during the
repair work, and the number of site visits requested. In most cases, our costs tend to be higher at the
beginning of the project as we work through submittals and on-site mockups with the successful
contractor, and less after the project is well underway.

Page 30 of 111

Mr. William Horst, P.E.
City of Middletown - Engineering
July 8, 2026
Page 5

The phasing and overall duration of the repair work is beyond our control and can be significant impact to
the scope of our construction period services. Consequently, we will provide Middletown with a separate
proposal for Construction Phase Services once the successful contractor has been identified and the
construction phasing for the repair project, including the extent and length, are better understood.

LIMITATIONS
Our repair design documents will alert each bidder that they should account for proper disposal of the
existing waterproofing system under the assumption that asbestos-containing materials are present. WJE
will not prepare an abatement plan, as means, methods, techniques, and job site safety are the
responsibility of the contractor. Our services do not presently include addressing other hazardous
materials, fire protection, mechanical, electrical, plumbing (MEP) systems, means of egress, or other life
safety systems. Furthermore, consistent with our June 10, 2026 report, our proposed scope does not
include repair design services for Donham Plaza located to the south of Columbia Avenue.

SCHEDULE
We understand that Middletown wishes to begin construction as soon as possible. We presently estimate
that we can complete our documents within 12 weeks following acceptance of our proposal. We will
collaborate with Middletown and Fishbeck to prepare a design schedule following your notice to proceed.

CLOSING
If the terms of this proposal are acceptable, please acknowledge your acceptance by signing and
returning one copy of this proposal by e-mail ([email protected]) as authorization to proceed. If you
have any questions or comments, or if you require any additional information, please don’t hesitate to
contact us.
Sincerely,
WISS, JANNEY, ELSTNER ASSOCIATES, INC.

Steven G. Naggatz, AIA, NCARB
Associate Principal
Agreed and approved
PROPOSAL FOR CITY OF MIDDLETOWN PLAZA REPAIR DESIGN
Name:
Signature:
Title:
As Agent or Principal for:
Date:

(please print)

Page 31 of 111

Mr. William Horst, P.E.
City of Middletown - Engineering
July 8, 2026
Page 6

Page 32 of 111

Mr. William Horst, P.E.
City of Middletown - Engineering
July 8, 2026
Page 7

Page 33 of 111

STAFF REPORT

For Business Meeting: August 4, 2026

DATE

July 22, 2026

TO:

Ashley Combs, City Manager

FROM:

Scott Tadych, Public Works & Utilities Director

MIDDLETOWN ROAD IMPROVEMENTS PY39

PURPOSE
To authorize the City Manager to enter into a contract with John R. Jurgensen Co. to proceed with
the Middletown Road Improvements PY39.
BACKGROUND AND FINDINGS
Staff is requesting to proceed with the Middletown Road Improvements PY39 which consists of
repairing defective concrete and reconstructing/resurfacing various streets.
The streets to be paved include:
Oxford St. Rd. – SRM Concrete to Cincinnati-Dayton Rd.
Carmody Blvd. – Germantown Rd. to SR 73
Sherman Ave. – Waite to Sutphin
Lylburn Rd.
Nora Ave.
Harden Ave.
Fulton Ln. – Sherman Ave. to Harden Ave.
Garfield St.
Alameda Circle
Glenmore Dr.
Pennswood Dr.
Highland St. – Roosevelt Blvd. to Grand Ave.
The project is partially funded by an Ohio Public Works Commission (OPWC) grant in the amount
of $1,000,000. The project is to be completed by July 1st, 2027 weather permitting.
Five contractors submitted a bid for the project. John R. Jurgensen Co. submitted the lowest and best
bid.

Page 34 of 111

ALTERNATIVES
Do not proceed with the project and forfeiting the OPWC grant.
FINANCIAL IMPACTS
The lowest bid received for this project on November 21, 2023 was $4,825,022.15 which is 10%
lower than the engineer’s estimate.
The project will be funded as follows:
OPWC Grant (220)
Street Levy Fund (201)

$1,000,000.00
$3,825,022.15

EMERGENCY/NON EMERGENCY
Motion Agenda
ATTACHMENTS
Vicinity Map
Bid Tab

Page 35 of 111

Middletown Road Improvements PY39
Legend
Project Locations
Streets
City Limits

Glenmore

Sherman

nsw

Highl
and

Garfield

Alameda Cir

Pe
n

Lylburn

Carmod

Fulton
Harden
Nora

Oxford State

Page 36 of 111

MIDDLETOWN ROAD IMPROVEMENTS PY39
BID TABULATION
LEGAL NOTICE NO. 26-0236
CONTRACTOR’S NAME & ADDRESS

BIDS RECEIVED: June 23, 2026
AMOUNT

ENGINEER’S ESTIMATE

$5,352,574.60

JOHN R. JURGENSEN CO.
11641 Mosteller Road
Cincinnati, OH 45241

$4,825,022.15

BARRETT PAVING MATERIALS INC.
3751 Commerce Drive
Franklin, OH 45005

$4,936,210.50

RACK & BALLAUER EXCAVATING CO.
11321 Paddy’s Run Road
Hamilton, OH 45013

$5,069,377.63

John R. Jurgensen Co. was the low bid in the amount of $ 4,825,022.15
which is 10% under the Engineer’s Estimate of $ 5,352,574.60.

Page 37 of 111

LEGISLATION
ITEM 1

Page 38 of 111

ORDINANCE NO. O2026-42
AN ORDINANCE AUTHORIZING ALL ACTIONS NECESSARY TO RENEGOTIATE
THE RATE FOR THE GOVERNMENTAL ELECTRIC AGGREGATION PROGRAM
AND DECLARING AN EMERGENCY.
WHEREAS, the Ohio General Assembly has authorized the city councils to
aggregate the retail electric loads located in the respective jurisdictions and to enter into
service agreements to facilitate for those loads the purchase and sale of electricity; and,
WHEREAS, on May 2, 2023, the residents of the City of Middletown voted to
approve opt-out electric and natural gas programs for eligible City residents and
businesses; and,
WHEREAS, the City of Middletown has taken all necessary actions to become a
certified electric aggregator through the Public Utilities Commission of Ohio;
NOW THEREFORE, BE IT ORDAINED by the City Council of the City of
Middletown, Butler/Warren Counties, Ohio that:
Section 1
City Council hereby authorizes the City Manager to negotiate and enter into an
electric generation supply agreement with an electric supplier in consultation with, and
upon recommendation of Energy Alliances, Inc., the City’s energy aggregation consultant,
provided that the accepted aggregation rate is below $0.10499 per kilowatt (kWh) at the
time of execution, for a period not to exceed 24 months.
Section 2
City Council further authorizes the City Manager to enter into or execute any
other agreements or documentation in furtherance of the City’s natural gas aggregation
program.
Section 3
City Council finds and determines that all formal actions and deliberations of
City Council concerning and relating to the adoption of this Ordinance occurred in an
open public meeting of City Council in full compliance with all applicable law.
Section 4
This Ordinance is the subject of the general authority granted to City Council
through the Ohio Revised Code and not the specific authority granted to City Council
through the status as a Limited Home Rule.

Page 39 of 111

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 allow
for quick acceptance of the proposed aggregation rate, and shall take effect and be in
force from and after its adoption.
______________________
Elizabeth Slamka, Mayor
Adopted: ____________________

Attest: ____________________
Clerk of City Council

H:/Law/leg/2026 Leg/O Natural Gas Aggregation Rate 2026

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STAFF REPORT
For the Business Meeting of: July 21, 2026
July 14, 2026
TO:

City Council

FROM:

Ashley Combs, City Manager
ELECTRIC AGGREGATION RATE

PURPOSE
The proposed legislation would approve the renegotiation of the City’s electric aggregation rate.
BACKGROUND AND FINDINGS
The City of Middletown has been participating in electric rate aggregation since 2023. The City’s
current rate will expire as of the December invoice. Our aggregation consultant, Energy Alliances,
Inc., is working on the rates for approximately 30 communities. They have provided the attached
memo explaining the current status of rates.
The proposed legislation allows the City Manager to sign an agreement with a supplier for a period
not to exceed 24 months with a price not to exceed $0.10499 per kWh.
FINANCIAL IMPACT
There is no cost to the City by passing this legislation.
EMERGENCY/NON-EMERGENCY
Second Reading Emergency. Emergency passage on August 4, 2026, is requested so that the
proposed price can be locked-in as soon as rates can be negotiated.

Page 41 of 111

LEGISLATION
ITEM 2

Page 42 of 111

ORDINANCE NO. O2026-44
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A
CONTRACT WITH THE LOWEST COST SUPPLIER FOR THE PURCHASE OF
ELECTRIC GENERATION SUPPLY BY THE CITY OF MIDDLETOWN AND
DECLARING AN EMERGENCY.
WHEREAS, the City has hired One Power Energy Services to assist it in
obtaining the best electric rate available for small City accounts; and
WHEREAS, quotes for electricity are held open for very short periods of time
and it may not be feasible to get those quotes to City Council before the prices expire;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
Middletown, Butler/Warren Counties, Ohio, that:
Section 1
Upon the receipt of the quotes for the purchase of electricity by the City, the City
Manager is authorized and instructed to review and analyze said reports in conjunction
with the energy broker and Public Works & Utilities Director to determine which
supplier, if any, is the lowest and best in conformity with the City’s needs. Funds for
this expenditure are included in the annual budget.
Section 2
If the lowest and best supplier is suitable for the City’s needs, the City Manager
is authorized to enter into a contract with that supplier for a period ending January 31,
2028. The terms of the contract shall be reviewed and approved by the City Manager
and the Law Director.
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 Ohio Revised Code Chapter 735 shall not be
applicable to the award and execution of the aforesaid contract.
Section 4
Any proposed contract which is not consistent with the specific authorization set
forth in this ordinance must be approved by City Council.

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Section 5
It is hereby determined that the subject matter of this legislation is not a general
and permanent nature, does not provide for a public improvement and does not assess
a tax or payment.
Section 6
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 allow
quotes to be promptly reviewed and a contract executed in a timely fashion, and shall
take effect and be in force from and after its adoption.

_______________________________
Elizabeth Slamka, Mayor

Adopted:____________

Attest:__________________________
Clerk of the City Council

H:/law/leg/2026 leg/O Electric Generation (One Power Energy Services)

Page 44 of 111

STAFF REPORT

For the Business Meeting of: August 4, 2026

July 22, 2026
TO:

Ashley Combs, City Manager

FROM:

Scott Tadych, Public Works & Utilities Director
ELECTRIC GENERATION SUPPLY AGREEMENT

PURPOSE
To authorize the City Manager to enter into an agreement for electric generation supply with a
competitive retail electric service provider through One Power Energy Services.
BACKGROUND and FINDINGS
The City has several expiring energy supply contracts. These contracts include electric generation
supply for large City accounts for that include the Water Reclamation Plant, Water Treatment Plant,
Kensington Pump Station and City Building.
One Power will identify and recommend the lowest and best supplier for the large accounts. This
agreement allows the City Manager to enter into an agreement with the selected supplier. The term
of the new contract will be through January 2028.
ALTERNATIVES
Procuring electric generation supply with in-house staff. Utilizing a procuring agent has resulted in
a substantial savings (relative to expected increases) over the past 7 years. The electric generation
supply market is complex and staff lacks the expertise to negotiate the most advantageous pricing for
the City.
FINANCIAL IMPACT
The current annual cost for all the large accounts is approximately $1.6 million. The cost is spread
through various funds depending on the type of facility. Funds will be appropriated in future budgets
for these expenses.
EMERGENCY/NON EMERGENCY
Emergency legislation is requested to allow the City Manager to sign a new contract as soon as
possible. Electric energy rates fluctuate daily with most contracts being quoted and accepted within
the same day to keep pricing as low as possible.

Page 45 of 111

LEGISLATION
ITEM 3

Page 46 of 111

ORDINANCE NO. O2026-45
AN ORDINANCE AUTHORIZING A CONTRACT WITH OHIO HEAVY EQUIPMENT
LEASING LLC, DBA LOVELAND EXCAVATING AND PAVING FOR THE
COMPLETION OF PHASE II PUBLIC INFRASTRUCTURE IMPROVEMENTS AT
RENAISSANCE POINTE AND DECLARING AN EMERGENCY.
BE IT ORDAINED, by the City Council of the City of Middletown, Butler/Warren
Counties, Ohio that:
Section 1
The City Manager is hereby authorized to enter a contract with Ohio Heavy
Equipment Leasing LLC, dba Loveland Excavating and Paving to complete the Phase
II public infrastructure improvements at Renaissance Pointe in accordance with the bid
on file with the Community and Economic Development Department. The contract shall
be in a form approved by the Law Director.
Section 2
The Finance Director is hereby authorized and directed to expend a sum not to
exceed $3,676,563.00 as follows:
$1,875,000.00 from the Property Development Fund (Fund # 499) is hereby
appropriated to account 499.990.52480;
$500,000.00 from the Economic Development Bond Service Fund (Fund # 485)
is hereby appropriated to account 485.990.52480;
$500,000.00 from the Renaissance South TIF Fund (Fund # 372);
$220,000.00 from the Renaissance North TIF Fund (Fund # 371); and
$581,563.00 from the Towne Mall-Hospital TIF Fund (Fund # 370).
Section 3
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 allow the contract to be signed as soon as possible so that Phase II can begin, 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 Contract with Loveland Excavating – Renaissance Phase II

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STAFF REPORT
For the City Council meeting of August 4th, 2026

_____________________________________________________________________________
DATE:

July 29, 2026

TO:

Ashley Combs, City Manager

FROM:

Tom Smith, CED Director

The Arena at Renaissance Pointe Phase II Infrastructure Improvements Bid Award
PURPOSE
To authorize the City Manager to enter into a contract with Ohio Heavy Equipment Leasing LLC,
dba Loveland Excavating and Paving for the completion of phase II infrastructure improvements
for the Arena at Renaissance Pointe.
BACKGROUND AND FINDINGS
On July 15, 2026, a bid packet for the construction of the Arena at Renaissance Pointe phase II
infrastructure improvements was disseminated to all interested parties, which included prior phase
I bidding contractors. On July 20, 2026, a mandatory pre-bid meeting was held to with all
interested parties, which comprised a total of six potential bidding contractors to discuss the
specific details of the project and to answer any questions from bidders prior to their submission
proposals. City staff held a formal bid opening on Wednesday July 29, 2026. One bid was
submitted from Loveland Excavating & Paving in the amount of $3,676,563.00. This bid is
$83,322.28 below the original engineers’ estimate. It is the opinion of staff that only one bid was
submitted as a result of Loveland Excavating & Paving already being on site for having done phase
I, Gateway Lofts, and Sheetz. This is also somewhat advantageous to the city as they will save
several weeks in mobilization because they are already on site, which will ultimately speed up
completion of the project.
The project is the second phase of infrastructure improvements for the Renaissance Pointe
development. The construction includes the completion of the remaining portions of Atrium
Boulevard, and Event Promenade, as well as the installation of all utilities. The southern parking
lot will also be included as a part of construction, in addition to a series of retaining walls along
the southeastern portion of the property
Based on the services to be provided, timelines for completion, and costs for service, staff
recommends that Loveland Excavating & Paving be awarded the contract in the amount of
$3,676,563.
ALTERNATIVES
City Council can elect to approve, table, or deny the legislation.
FINANCIAL IMPACTS
The bid contract amount of $3,676,563.00 will be payable from a series of funds as outlined below:

Page 48 of 111

$1,875,000.00 – Property Development Fund 499.990.52480.
A $1,875,000.00 grant from the Ohio Department of Development (629 Grant) will be
leveraged to reimburse the city for this project. This will be processed through the Property
Development Fund (499). A supplemental appropriation is needed for the full amount to
499.990.52480.
$500,000.00 – Economic Development Bond Service Fund 485.990.52480.
These funds are remaining from the Phase 1 bond funds in the Economic Development
Bond Service Fund (485). A supplemental appropriation is needed for the full amount to
485.990.52480.
$500,000.00 - Renaissance South TIF Fund 372.990.54400
These funds are already appropriated.
$220,000.00 - Renaissance North TIF Fund 371.990.54400
These funds are already appropriated.
$581,563.00 - Towne Mall-Hospital TIF Fund 370.990.54400
These funds are already appropriated.
NON-EMERGENCY / EMERGENCY
First Reading Emergency - Staff are asking council to consider passing this as an emergency. The
intent is to complete clearing and earthwork as soon as possible before colder temperatures set in.
Doing so will also allow the Arena contractor to begin work on the site. This will allow utility
work and road work to progress congruently.
ATTACHMENTS
- Bid Tabulation

Page 49 of 111

RENAISSANCE POINTE – PHASE 2
BID TABULATION
LEGAL NOTICE NO. 26-0245
CONTRACTOR’S NAME & ADDRESS

BIDS RECEIVED: July 29, 2026
AMOUNT

ENGINEER’S ESTIMATE

$ 3,759,885.28

OHIO HEAVY EQUIPMENT LEASING LLC dba
LOVELAND EXCAVATING AND PAVING
260 Osborne Drive
Fairfield, OH 45014

$ 3,676.563.00

Ohio Heavy Equipment Leasing LLC dba Loveland Excavating and Paving
was the low bid in the amount of $ 3,676,563.00 which is 2% under the
Engineer’s Estimate of $ 3,759,885.28.

Page 50 of 111

LEGISLATION
ITEM 4

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ORDINANCE NO. O2026-43
AN ORDINANCE DENYING A REQUEST TO VACATE A PORTION OF MILLER
ROAD.
WHEREAS, the property owners at 4714 Miller Road petitioned for the vacation
of a portion of Miller Road as approximately shown on the attached Exhibit “A”; and
WHEREAS, the proper notice and publication of said request to vacate said
property was provided and City Planning Commission conducted a public hearing on
May 13, 2026; and
WHEREAS, after the public hearing, the City Planning Commission
recommended denial of the requested street vacation and forwarded that
recommendation to City Council; and
WHEREAS, City Council conducted a public hearing on July 7, 2026, and after
hearing testimony and deliberating, it agrees with the recommendation of the City
Planning Commission;
NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of
Middletown, Butler/Warren Counties, Ohio that:
Section 1
The requested vacation of a portion of Miller Road as shown in Exhibit “A” here
is hereby denied.
Section 2
It is hereby determined that the subject matter of this legislation is not of a
general and permanent nature, does not provide for a public improvement, and does
not assess a tax or payment.
Section 3
This ordinance shall take effect and be in force on and after the earliest period
allowed by law.

_________________________________
Elizabeth Slamka, Mayor
1st Reading:____________
2nd Reading:____________

Page 52 of 111

Adopted:______________
Effective:______________

Attest:_____________________________
Clerk of City Council
H:/law/leg/2026 Leg/O Street Vacation Denial – Miller Road

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For the Business Meeting of July 7, 2026

June 25, 2026
TO:
ATTN:
FROM:

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

SUBJECT:

Street Vacation Petition – Miller Road

APPLICANTS:
Tim and Megan Schmale
Q6511072000006, Q6511072000007
4717 Miller Road
Middletown, OH 45042

Beecher Rogers Jr.
Q6511076000056
4710 River Trail Drive
Middletown, OH 45042

REQUEST:
A request for right-of-way vacation has been submitted by property owners Tim and
Megan Schmale and Beecher Rogers Jr. The applicant requests the City of Middletown
vacate the right-of-way known as Miller Road from an approximate starting point of the
southeastern corner of parcel ID Q6511076000056 to where Miller Road dead ends
into the parcel known as Q6511072000009, equating to approximately 1,400 feet of
right-of-way. The street vacation petition will require approval of the Middletown City
Council following the Planning Commission’s recommendation of the application per
Chapter 1226.01 of the Middletown Development Code and Ohio Revised Code 723.04
et seq.
STAFF ANALYSIS:
The applicants request the City of Middletown vacate approximately the 30-foot wide
right-of-way known as Miller Road as depicted by the red line in the image found in the
attachments to the staff report. An explanation of the requested right-of-way vacation
was not received with the application.
The application identified three property owners, comprised of a total of four parcels, as
applicants:
Parcel ID
Q6511072000006
Q6511072000007
Q6511072000008
Q6511076000056

Street Address
Miller Road
4717 Miller Road
4704 Miller Road
4710 River Trail Drive

Property Owner
Tim and Megan Schmale
Tim and Megan Schmale
Middletown City School District Board of Education
Beecher Rogers Jr.

However, after requesting clarification as to the validity of the signature on behalf of the
Middletown City School District Board of Education for Parcel ID Q6511072000008
found in the application, the applicant stated, “an overly eager neighbor signed the
petition in the wrong spot.” Thus, the signature next to this Parcel appears to not be
made by an authorized representative of the Middletown City School District Board of
Education.

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For the Business Meeting of July 7, 2026

Additionally, the property owner of the parcel to the south is not identified and did not
sign the petition. As such, there is no written consent from all abutting property owners
under Section 723.06 of the Ohio Revised Code and public notice is required.
Per Chapter 1226.01(b)(3)(B) of the Middletown Development Code, the City of
Middletown’s Planning Commission has the role and power to advise on all matters
involving acquisition or disposal of public real estate. Following Planning Commission’s
recommendation of denial, City Council hears the petition and makes a final determination
on the application.
According to Ohio Revised Code Section 723.04, the legislative authority of a municipal
corporation, on petition by a person owning a lot in the municipal corporation praying that a
street or alley in the immediate vicinity of such lot be vacated or narrowed, or the name
thereof changed, upon hearing, and upon being satisfied that there is good cause for such
change of name, vacation, or narrowing, that it will not be detrimental to the general
interest, and that it should be made, may, by ordinance, declare such street or alley
vacated, narrowed, or the name thereof changed. The legislative authority may include in
one ordinance the change of name, vacation, or narrowing of more than one street,
avenue, or alley. The original ordinance or a certified copy thereof shall be recorded in the
official records of the county recorder.
Per Chapter 1222.04(a)(1) of the Middletown Development Code, all lots shall abut on a
dedicated street of right-of-way and shall comply with the applicable site development
standards in Section 1204.10. With the proposed street vacation of Miller Road, parcel ID
Q6511072000007 would lose right-of-way access and frontage. Additionally, parcel ID
Q6511072000009 would lose right-of-way access and frontage from Miller Road. Parcel ID
Q6511072000009 would retain right-of-way frontage on Breiel Boulevard, but there is not
existing access to the parcel from Breiel Boulevard. The City of Middletown has been
threatened with a Fifth Amendment Takings claim, and the City’s Law Director has noted
that the City would likely be liable if the street vacation petition is approved.
Per Chapter 1202.06(a) of the Middletown Development Code, the administration and
enforcement of the Code should be consistent with the City of Middletown Street Master
Plan.
The Middletown Street Master Plan, adopted in January 2011, identifies Miller Road to be
a future collector street, connected to the end of N. Marshall Road. A collector street will
require 61 feet to 76 feet of right-of-way featuring a 36-foot-wide street. The plan
estimates the cost of the roadway extension to be $4 million and is anticipated to be
completed in a 5-10 year timeframe.
Additionally, while the City’s comprehensive plan, Destination Middletown, does not directly
identify the extension of Miller Road to N. Marshall Road as a potential, future roadway
improvement within the Transportation & Infrastructure chapter, the vacation of Miller
Road would directly impact the larger parcel’s site readiness for residential development.
The subject area, and the surrounding parcels, are located within the City’s Single Family
future land use designation. The 86-acre, undeveloped parcel to the south would be

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For the Business Meeting of July 7, 2026

directly impacted by loss of right-of-way access and become less marketable, thus
obstructing the goals of the City for single-family dwelling development.
PUBLIC NOTICE REQUIREMENT:
Per the Middletown Development Code, Table 1226-1: Notice Requirements, public notice
was provided to all property owners within 200 feet of the property and published notice
was issued in the Journal-News. One formal letter of opposition and one email in support of
the petition have been received to date and are included in the attachments to the staff
report.
OTHER DEPARTMENT COMMENTS:
Public Works Department
• There is no desire to vacate Miller Road. The City’s Street Master Plan, adopted in
2011, identifies Miller Road to connect to Marshall Road. Approval of the right-ofway vacation petition would go against the Plan.
Community & Economic Development Department
• Approval of the street vacation petition regresses site development and
readiness.
STAFF RECOMMENDATION:
Based on the information provided by the applicant’s submission, staff recommends
denial of the application for the following reasons:
• The petition is procedurally deficient as it represents that all abutting property
owners consent to the street vacation, but contains an invalid signature for Parcel
ID Q6511072000008 in violation of Ohio Revised Code Section 723.06, and
because of the lack of a signature for the owner to the south.
• The applicant did not provide an explanation as to why the street vacation is
warranted.
• The vacation petition creates two non-conforming parcels – Parcel ID
Q6511072000007 and Q6511072000009 – according to Chapter 1224 of the
Middletown Development Code. While this Chapter of the Code may contemplate
how to address pre-existing nonconformities, it does not authorize the creation of
new nonconforming conditions.
• The City could be held liable for a Fifth Amendment Takings claim if the request
for street vacation is approved.
• Chapter 1202.06(a) of the Middletown Development Code requires that
administration and enforcement of the Code be consistent with the City of
Middletown Street Master Plan. The adopted Street Master Plan calls for Miller
Road to be extended south; approval of the petition would be in direct conflict of
adopted policy.
• Vacation of Miller Road would obstruct future residential development of the R-1
zoned parcel, where current right-of-way dead ends.
Therefore, the street vacation petition is in direct conflict with the City’s adopted plans,
regulations, and policies, including Destination Middletown, Middletown Development
Code, and Middletown Street Master Plan.

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For the Business Meeting of July 7, 2026

PLANNING COMMISSION RECOMMENDATION:
The Planning Commission’s recommendation of denial of the street vacation petition is
being forwarded to City Council for final review and decision. After reviewing the
application and supporting materials submitted, and hearing testimony from the
applicant and the public, Planning Commission voted 6-0 to deny the request for the City
to vacate the approximate 1,400 feet of right-of-way known as Miller Road.
REVIEW CRITERIA:
1. The vacation of the requested right of way should not be a detriment to the
general interest – including the neighborhood or to emergency service access or
utility providers.
2. There is good cause for vacation of the requested right of way.
3. Planning Commission’s recommendation will be forwarded to City Council for a
public hearing. City Council makes the final decision by City ordinance to vacate
public right-of-way.
ATTACHMENTS:
Application and supporting documentation.

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LEGISLATION
ITEM 5

Page 72 of 111

RESOLUTION NO. R2026-19
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. (POLICE GRANT FUND – DART GRANT)
BE IT RESOLVED by the City Council of the City of Middletown, Butler/Warren
Counties, Ohio that:
Section 1
The following sums are hereby appropriated from the Police Grant Fund of the
City to accounts of the City for the purposes herein described as follows:
FROM: Unappropriated Police Grant Fund (Fund # 251)
TO:
Overtime Wages, Account 251.043.51120
Other Supplies, Account 251.043.53296
TOTAL POLICE GRANT FUND

$42,635.84
$37,635.84
$ 5,000.00
$42,635.84

Section 2
The Finance Director is hereby authorized to draw their warrants on the City
Treasurer for payments from any of the foregoing appropriations upon receiving proper
certificates and vouchers therefor, approved by the Board of Officers authorized by law
to approve the same, or an ordinance or resolution of the City Council to make
expenditures provided that no warrants shall be drawn or paid for salaries or wages
except to persons employed by authority of and in accordance with law or ordinance.
Section 3
All legislation inconsistent herewith is hereby repealed.
Section 4
This resolution shall take effect and be in force 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\leg\2026 Leg\r Supp Approp (Police Grant – DART grant)

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STAFF REPORT

For the Business Meeting of July 21st, 2026

July 14th, 2026
TO:

Ashley Combs, City Manager

FROM:

Earl Nelson, Chief of Police
Appropriations of Funds for the Drug Abuse Response Team Grant

PURPOSE
To request approval to do a Supplemental Appropriation of $42,635.84 to the following accounts
for the Drug Abuse Response Team grant:
251.043.51120 (OT Wages) - $37,635.84
251.043.53296 (Other Supplies) - $5,000.00
BACKGROUND and FINDINGS
The City of Middletown was awarded a grant totaling $42,635.84 from the Ohio Attorney
General’s Office, with no matching funds required.
These funds will be utilized from July 1, 2026, to June 30, 2027. The Middletown Police
Department will use the grant to cover overtime costs associated with the Quick Response Team
(QRT) and outreach efforts. This program includes a community coordinator, Victoria Hensley,
a police officer, and fire personnel who make contact with individuals who have experienced
overdoses, providing them with resources and treatment options.
Additionally, the outreach team focuses on individuals struggling with addiction as well as those
facing homelessness in our community. The team dedicates four days a week to reaching out to
these vulnerable populations and providing them with essential resources.
ALTERNATIVES
None.
FINANCIAL IMPACT
No financial impact to the City of Middletown.
EMERGENCY/NON-EMERGENCY
Legislation, first reading.

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LEGISLATION
ITEM 6

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ORDINANCE NO. O2026-46
AN ORDINANCE AMENDING SECTIONS 1411.02 (PROMULGATION OF RULES &
REGULATIONS), 1411.03 (FLOODPLAIN ADMINISTRATOR) AND 1411.06 (FLOOD
DAMAGE PREVENTION REGULATIONS ADOPTED BY REFERENCE) OF THE
CODIFIED ORDINANCES.
BE IT ORDAINED, by the City Council of the City of Middletown, Butler/Warren
Counties, Ohio that:
Section 1
Sections 1411.02 (Promulgation of Rules & Regulations), 1411.03 (Floodplain
Administrator) and 1411.06 (Flood Damage Prevention Regulations Adopted By
Reference) of the Codified Ordinances are hereby amended to read in full as shown in
Exhibit A, attached hereto.
Section 2
This ordinance shall be effective at the earliest time permitted by law.

_____________________________
Elizabeth Slamka, Mayor
1st Reading: August 4, 2026
2nd Reading:___________________
Adopted:_______________________
Effective:______________________
Attest: _______________________
Clerk of the City Council
H:/law/leg/2026 Leg/O Amend MCO Sections 1411.02, 1411.03 & 1411.06

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EXHIBIT “A”

CHAPTER 1411: FLOOD DAMAGE PREVENTION
§ 1411.02 PROMULGATION OF RULES AND REGULATIONS.
The Public Works & Utilities Director is hereby authorized to establish rules and
regulations to comply with the National Flood Insurance Program as required by the
Federal Emergency Management Agency (FEMA) and the Ohio Department of Natural
Resources (ODNR), Division of Water.
§ 1411.03 FLOODPLAIN ADMINISTRATOR.
The Public Works & Utilities Director is hereby appointed the Floodplain Administrator
for the administration and implementation of the provisions of this chapter.
§ 1411.06 FLOOD DAMAGE PREVENTION REGULATIONS ADOPTED BY REFERENCE.
The Flood Damage Prevention Regulations dated September 2026, which are on file in the
office of the Clerk of City Council, are hereby adopted by reference as if set out in their
entirety.

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STAFF REPORT
For the Business Meeting of August 4, 2026

July 22, 2026
TO:

Ashley Combs, City Manager

FROM:

Scott Tadych, Public Works & Utilities Director

FLOODPLAIN MANAGEMENT ORDINANCE
UPDATE
PURPOSE
To obtain City Council approval for modifying Chapter 1411 of the Codified Ordinances for the
City of Middletown.
BACKGROUND and FINDINGS
To continue compliance with the National Flood Insurance Program it is necessary to update the
existing floodplain ordinances for the City of Middletown. The National Flood Insurance
Program (NFIP) is a voluntary program administered through the Federal Emergency
Management Agency (FEMA). The goals of the program are to reduce future flood damage
through floodplain management, and to provide people with flood insurance. The City’s
compliance with the program provides affected property owners with the ability to obtain flood
insurance at a reasonable cost.
The Ohio Department of Natural Resources, Division of Water (ODNR) assists communities in
Ohio with floodplain management and has provided model rules and regulations for communities
to adopt. The proposed changes to the ordinances will change Floodplain Administrator to the
Public Works & Utilities Director from the Engineering and Environmental Services Director.
The rules and regulations adopted by reference will be modified per recommendation from the
ODNR to list the most current effective FEMA issued flood maps as basis for establishing areas
of special hazard flood hazard within the City.
ALTERNATIVES
The alternative is to not update the ordinances and risk not being compliant with the National
Flood Insurance Program which would make it more difficult and costlier for affected property
owners to purchase flood insurance.
FINANCIAL IMPACT

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There is no financial impact to the City except for existing personnel cost associated with
administration of the policy.
EMERGENCY/NON-EMERGENCY
Non-emergency.
ATTACHMENTS
Revised Chapter 1411
Flood Damage Prevention Rules and Regulations

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CHAPTER 1411: FLOOD DAMAGE PREVENTION
Section

1411.01 Jurisdiction.

1411.02 Promulgation of rules and regulations.
1411.03 Floodplain Administrator.
1411.04 Administration.
1411.05 Variances.

1411.06 Flood damage prevention regulations adopted by reference.
§ 1411.01 JURISDICTION.
(a) This chapter shall apply to all areas of special flood hazard within the jurisdiction of
the City.
(b) No structure or land shall hereafter be located, constructed, repaired, enlarged or
altered without full compliance with the terms of this chapter.
(Ord. 89-78, passed 8-1-1989; Am. Ord. O2007-63, passed 9-4-2007)
§ 1411.02 PROMULGATION OF RULES AND REGULATIONS.
The Public Works & Utilities Director is hereby authorized to establish rules and
regulations to comply with the National Flood Insurance Program as required by the
Federal Emergency Management Agency (FEMA) and the Ohio Department of Natural
Resources (ODNR), Division of Water.
(Ord. O2007-63, passed 9-4-2007)

§ 1411.03 FLOODPLAIN ADMINISTRATOR.
The Public Works & UtilitiesDirector is hereby appointed the Floodplain Administrator
for the administration and implementation of the provisions of this chapter.

(Ord. O2007-63, passed 9-4-2007)

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§ 1411.04 ADMINISTRATION.
The Floodplain Administrator shall make recommendations to the Planning Commission
as to the propriety of approving development plans or variances in any area of special flood
hazard.
(Ord. O2007-63, passed 9-4-2007)
§ 1411.05 VARIANCES.
(a) The Planning Commission, upon written request and approval by the Flood Plain
Administrator, may grant variances from the general and specific standards of construction
in accordance with the established rules and regulations.
(Ord. O2007-63, passed 9-4-2007)

§ 1411.06 FLOOD DAMAGE PREVENTION REGULATIONS ADOPTED BY REFERENCE.
The Flood Damage Prevention Regulations dated September 2026, which are on file in the
office of the Clerk of City Council, are hereby adopted by reference as if set out in their
entirety.
(Ord. O2007-63, passed 9-4-2007; Am. Ord. O2010-68, passed 10-19-2010)

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SPECIAL PURPOSE
FLOOD DAMAGE REDUCTION
RULES AND REGULATIONS
MIDDLETOWN, OHIO
SECTION 1.0: GENERAL PROVISIONS
1.1

Statutory Authorization
ARTICLE XVIII, Section 3, of the Ohio Constitution grants municipalities the legal
authority to adopt land use and control measures for promoting the health, safety, and
general welfare of its citizens. Therefore, the City Council of Middletown, State of Ohio,
does ordain as follows:

1.2

Findings of Fact
The Middletown has special flood hazard areas that are subject to periodic inundation
which may result in loss of life and property, health and safety hazards, disruption of
commerce and governmental services, extraordinary public expenditures for flood
protection and relief, and impairment of the tax base. Additionally, structures that are
inadequately elevated, floodproofed, or otherwise protected from flood damage also
contribute to the flood loss. In order to minimize the threat of such damages and to achieve
the purposes hereinafter set forth, these regulations are adopted.

1.3

Statement of Purpose
It is the purpose of these regulations to promote the public health, safety and general
welfare, and to:
A. Protect human life and health;
B. Minimize expenditure of public money for costly flood control projects;
C. Minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
D. Minimize prolonged business interruptions;
E. Minimize damage to public facilities and utilities such as water and gas mains, electric,
telephone and sewer lines, streets and bridges located in areas of special flood hazard;
F. Help maintain a stable tax base by providing for the proper use and development of
areas of special flood hazard so as to protect property and minimize future flood blight
areas;
G. Ensure that those who occupy the areas of special flood hazard assume responsibility
for their actions;
H. Minimize the impact of development on adjacent properties within and near flood
prone areas;
I. Ensure that the flood storage and conveyance functions of the floodplain are
maintained;
J. Minimize the impact of development on the natural, beneficial values of the floodplain;
K. Prevent floodplain uses that are either hazardous or environmentally incompatible; and
L. Meet community participation requirements of the National Flood Insurance Program.
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1.4

Methods of Reducing Flood Loss
In order to accomplish its purposes, these regulations include methods and provisions for:
A. Restricting or prohibiting uses which are dangerous to health, safety, and property due
to water hazards, or which result in damaging increases in flood heights or velocities;
B. Requiring that uses vulnerable to floods, including facilities, which serve such uses, be
protected against flood damage at the time of initial construction;
C. Controlling the alteration of natural floodplains, stream channels, and natural protective
barriers, which help accommodate or channel flood waters;
D. Controlling filling, grading, dredging, excavating, and other development which may
increase flood damage; and,
E. Preventing or regulating the construction of flood barriers, which will unnaturally
divert flood, waters or which may increase flood hazards in other areas.

1.5

Lands to Which These Regulations Apply
These regulations shall apply to all areas of special flood hazard within the jurisdiction of
the Middletown as identified in Section 1.6, including any additional areas of special flood
hazard annexed by Middletown.

1.6

Basis for Establishing the Areas of Special Flood Hazard
For the purposes of these regulations, the following studies and/or maps are adopted:
A. Flood Insurance Study Butler County, Ohio and Incorporated Areas and Flood
Insurance Rate Map Butler County, Ohio and Incorporated Areas both effective October
19, 2018.
B. Other studies and/or maps, which may be relied upon for establishment of the flood
protection elevation, delineation of the 100-year floodplain, floodways or delineation
of other areas of special flood hazard.
C. Any hydrologic and hydraulic engineering analysis authored by a registered
Professional Engineer in the State of Ohio which has been approved by the City of
Middletown as required by Section 4.3 Subdivisions and Other New Developments.
Any revisions to the aforementioned maps and/or studies are hereby adopted by
reference and declared to be a part of these regulations. Such maps and/or studies are
on file at the City of Middletown Public Works & Utilities Department, One Donham
Plaza, Middletown, Ohio 45042.

1.7

Abrogation and Greater Restrictions
These regulations are not intended to repeal any existing resolutions including
subdivision regulations, zoning or building codes. In the event of a conflict between these
regulations and any other resolution, the more restrictive shall be followed. These
regulations are not intended to repeal, abrogate or impair any existing easements,
covenants or deed restrictions. However, where this ordinance and another ordinance,
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easement, covenant or deed restriction conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
1.8

Interpretation
In the interpretation and application of these regulations, all provisions shall be:
A. Considered as minimum requirements;
B. Liberally construed in favor of the governing body; and,
C. Deemed neither to limit nor repeal any other powers granted under state statutes.
Where a provision of these regulations may be in conflict with a state or Federal law,
such state or Federal law shall take precedence over these regulations.

1.9

Warning and Disclaimer of Liability
The degree of flood protection required by these regulations is considered reasonable for
regulatory purposes and is based on scientific and engineering considerations. Larger
floods can and will occur on rare occasions. Flood heights may be increased by
man-made or natural causes. These regulations do not imply that land outside the areas of
special flood hazard or uses permitted within such areas will be free from flooding or
flood damage. These regulations shall not create liability on the part of the City of
Middletown, any officer or employee thereof, or the Federal Emergency Management
Agency, for any flood damage that results from reliance on these regulations or any
administrative decision lawfully made thereunder.

1.10

Severability
Should any section or provision of these regulations be declared by the courts to be
unconstitutional or invalid, such decision shall not affect the validity of the regulations as
a whole, or any part thereof, other than the part so declared to be unconstitutional or
invalid.

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SECTION 2.0: DEFINITIONS
Unless specifically defined below, words or phrases used in these regulations shall be interpreted
so as to give them the meaning they have in common usage and to give these regulations the most
reasonable application.
Accessory Structure
A structure on the same lot with, and of a nature customarily incidental and subordinate to, the
principal structure.
Appeal
A request for review of the floodplain administrator’s interpretation of any provision of these
regulations or a request for a variance.
Base Flood
The flood having a one percent chance of being equaled or exceeded in any given year. The base
flood may also be referred to as the 1% chance annual flood or one-hundred (100) year flood.
Base (100-Year) Flood Elevation (BFE)
The water surface elevation of the base flood in relation to a specified datum, usually the National
Geodetic Vertical Datum of 1929 or the North American Vertical Datum of 1988, and usually
expressed in Feet Mean Sea Level (MSL). In Zone AO areas, the base flood elevation is the lowest
adjacent natural grade elevation plus the depth number (from 1 to 3 feet).
Basement
Any area of the building having its floor subgrade (below ground level) on all sides.
City
City of Middletown
Development
Any manmade change to improved or unimproved real estate, including but not limited to
buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling
operations or storage of equipment or materials.
Enclosure Below the Lowest Floor
See “Lowest Floor.”
Executive Order 11988 (Floodplain Management)
Issued by President Carter in 1977, this order requires that no federally assisted activities be
conducted in or have the potential to affect identified special flood hazard areas, unless there is no
practicable alternative.
Federal Emergency Management Agency (FEMA)
The agency with the overall responsibility for administering the National Flood Insurance
Program.
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Fill
A deposit of earth material placed by artificial means.
Flood or Flooding
A general and temporary condition of partial or complete inundation of normally dry land areas
from:
1.
The overflow of inland or tidal waters, and/or
2.
The unusual and rapid accumulation or runoff of surface waters from any source.
Flood Hazard Boundary Map (FHBM)
Usually the initial map, produced by the Federal Emergency Management Agency, or U.S.
Department of Housing and Urban Development, for a community depicting approximate special
flood hazard areas.
Flood Insurance Rate Map (FIRM)
An official map on which the Federal Emergency Management Agency or the U.S. Department of
Housing and Urban Development has delineated the areas of special flood hazard.
Flood Insurance Risk Zones
Zone designations on FHBMs and FIRMs that indicate the magnitude of the flood hazard in
specific areas of a community. Following are the zone definitions:
Zone A:
Special flood hazard areas inundated by the 100-year flood in any given year; base flood
elevations are not determined.
Zones A1-30 and Zone AE:
Special flood hazard areas inundated by the 100-year flood in any given year; base flood
elevations are determined.
Zone AO:
Special flood hazard areas inundated by the 100-year flood in any given year; with flood
depths of 1 to 3 feet (usually sheet flow on sloping terrain); average depths are determined.
Zone AH:
Special flood hazard areas inundated by the 100-year flood in any given year; flood depths
of 1 to 3 feet (usually areas of ponding); base flood elevations are determined.
Zone A99:
Special flood hazard areas inundated by the 100-year flood to be protected from the 100year flood by a Federal flood protection system under construction; no base flood
elevations are determined.
Zone B and Zone X (shaded):
Areas of 500-year flood; areas subject to the 100-year flood with average depths of less
than 1 foot or with contributing drainage area less than 1 square mile; and areas protected
by levees from the base flood.
Zone C and Zone X (unshaded):
Areas determined to be outside the 500-year floodplain.
Flood Insurance Study (FIS)
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The official report in which the Federal Emergency Management Agency or the U.S. Department
of Housing and Urban Development has provided flood profiles, floodway boundaries (sometimes
shown on Flood Boundary and Floodway Maps), and the water surface elevations of the base flood.
Floodproofing
Any combination of structural and non-structural additions, changes, or adjustments to structures
which reduce or eliminate flood damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
Flood Protection Elevation
The Flood Protection Elevation, or FPE, is the base flood elevation plus 1.0 feet of freeboard. In
areas where no base flood elevations exist from any authoritative source, the flood protection
elevation can be historical flood elevations, or base flood elevations determined and/or approved
by the floodplain administrator.
Floodway
A floodway is the channel of a river or other watercourse and the adjacent land areas that have
been reserved in order to pass the base flood discharge. A floodway is typically determined through
a hydraulic and hydrologic engineering analysis such that the cumulative increase in the water
surface elevation of the base flood discharge is no more than a designated height. In no case shall
the designated height be more than one foot at any point within the community.
The floodway is an extremely hazardous area, and is usually characterized by any of the following:
Moderate to high velocity flood waters, high potential for debris and projectile impacts, and
moderate to high erosion forces.
Freeboard
A factor of safety usually expressed in feet above a flood level for the purposes of floodplain
management. Freeboard tends to compensate for the many unknown factors that could contribute
to flood heights greater than the height calculated for a selected size flood and floodway conditions,
such as wave action, obstructed bridge openings, debris and ice jams, and the hydrologic effect of
urbanization in a watershed.
Historic structure
Any structure that is:
1. Listed individually in the National Register of Historic Places (a listing maintained by
the U.S. Department of Interior) or preliminarily determined by the Secretary of the
Interior as meeting the requirements for individual listings on the National Register;
2. Certified or preliminarily determined by the Secretary of the Interior as contributing to
the historical significance of a registered historic district or a district preliminarily
determined by the Secretary to qualify as a registered historic district; or
3. Individually listed on the State of Ohio's inventory of historic places maintained by the
Ohio Historic Preservation Office.
4. Individually listed on the inventory of historic places maintained by the City’s historic
preservation program, which is certified by the Ohio Historic Preservation Office.
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Hydrologic and hydraulic engineering analysis
An analysis performed by a professional engineer, registered in the State of Ohio, in accordance
with standard engineering practices as accepted by FEMA, used to determine flood elevations
and/or floodway boundaries.
Letter of Map Change (LOMC)
A Letter of Map Change is an official FEMA determination, by letter, to amend or revise effective
Flood Insurance Rate Maps, Flood Boundary and Floodway Maps, and Flood Insurance Studies.
LOMCs are broken down into the following categories:
Letter of Map Amendment (LOMA)
A revision based on technical data showing that a property was incorrectly included in a
designated special flood hazard area. A LOMA amends the current effective Flood
Insurance Rate Map and establishes that a specific property is not located in a special flood
hazard area.
Letter of Map Revision (LOMR)
A revision based on technical data that, usually due to manmade changes, shows changes
to flood zones, flood elevations, floodplain and floodway delineations, and planimetric
features. One common type of LOMR, a LOMR-F, is a determination concerning whether
a structure or parcel has been elevated by fill above the base flood elevation and is,
therefore, excluded from the special flood hazard area.
Conditional Letter of Map Revision (CLOMR)
A comment by FEMA regarding a proposed project that would, upon construction, affect
the hydrologic or hydraulic characteristics of a flooding source and thus result in the
modification of the existing regulatory floodway, the effective base flood elevations, or the
special flood hazard area. A CLOMR does not amend or revise effective Flood Insurance
Rate Maps, Flood Boundary and Floodway Maps, or Flood Insurance Studies.
Lowest floor
The lowest floor of the lowest enclosed area (including basement) of a structure. This definition
excludes an “enclosure below the lowest floor” which is an unfinished or flood resistant enclosure
usable solely for parking of vehicles, building access or storage, in an area other than a basement
area, provided that such enclosure is built in accordance with the applicable design requirements
specified in these regulations for enclosures below the lowest floor.
Manufactured home
A structure, transportable in one or more sections, which is built on a permanent chassis and is
designed for use with or without a permanent foundation when connected to the required utilities.
The term "manufactured home" does not include a "recreational vehicle". For the purposes of these
regulations, a manufactured home includes manufactured homes and mobile homes as defined in
Chapter 4781 of the Ohio Revised Code.
Manufactured home park
As specified in the Ohio Adm. Code 4781-12-01(K), a manufactured home park means any tract
of land upon which three or more manufactured homes, used for habitation are parked, either free
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of charge or for revenue purposes, and includes any roadway, building, structure, vehicle, or
enclosure used or intended for use as part of the facilities of the park. A tract of land that is
subdivided and the individual lots are not for rent or rented, but are for sale or sold for the purpose
of installation of manufactured homes on the lots, is not a manufactured home park, even though
three or more manufactured homes are parked thereon, if the roadways are dedicated to the local
government authority. Manufactured home park does not include any tract of land used solely for
the storage or display for sale of manufactured homes.
Mean sea level
For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum
(NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood
Insurance Rate Map are referenced.
National Flood Insurance Program (NFIP)
The NFIP is a Federal program enabling property owners in participating communities to purchase
insurance protection against losses from flooding. This insurance is designed to provide an
insurance alternative to disaster assistance to meet the escalating costs of repairing damage to
buildings and their contents caused by floods. Participation in the NFIP is based on an agreement
between local communities and the Federal government that states if a community will adopt and
enforce floodplain management regulations to reduce future flood risks to all development in
special flood hazard areas, the Federal government will make flood insurance available within the
community as a financial protection against flood loss.
New construction
Structures for which the "start of construction" commenced on or after the effective date of a
floodplain regulation adopted by the City of Middletown and includes any subsequent
improvements to such structures.
For the purposes of determining insurance rates, structures for which the “start of construction''
commenced on or after the effective date of an initial FIRM March 2, 1979, and includes any
subsequent improvements to such structures.
Person
Includes any individual or group of individuals, corporation, partnership, association, or any other
entity, including state and local governments and agencies. An agency is further defined in the
Ohio Rev. Code §111.15(A)(2) as any governmental entity of the state and includes, but is not
limited to, any board, department, division, commission, bureau, society, council, institution, state
college or university, community college district, technical college district, or state community
college. “Agency” does not include the general assembly, the controlling board, the adjutant
general’s department, or any court.
Recreational vehicle
A vehicle which is (1) built on a single chassis, (2) 400 square feet or less when measured at the
largest horizontal projection, (3) designed to be self-propelled or permanently towable by a light
duty truck, and (4) designed primarily not for use as a permanent dwelling but as temporary living
quarters for recreational, camping, travel, or seasonal use.
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Registered Professional Architect
A person registered to engage in the practice of architecture pursuant to Ohio Rev. Code §4703.01
and 4703.19.
Registered Professional Engineer
A person registered as a professional engineer pursuant to Ohio Rev. Code Chapter 4733.
Registered Professional Surveyor
A person registered as a professional surveyor pursuant to Ohio Rev. Code Chapter 4733.
Special Flood Hazard Area
Also known as “Areas of Special Flood Hazard”, it is the land in the floodplain subject to a one
percent or greater chance of flooding in any given year. Special flood hazard areas are designated
by the Federal Emergency Management Agency on Flood Insurance Rate Maps, Flood Insurance
Studies, Flood Boundary and Floodway Maps and Flood Hazard Boundary Maps as Zones A, AE,
AH, AO, A1-30, or A99. Special flood hazard areas may also refer to areas that are flood prone
and designated from other federal state or local sources of data including but not limited to
historical flood information reflecting high water marks, previous flood inundation areas, and
flood prone soils associated with a watercourse.
Start of construction
The date the building permit was issued, provided the actual start of construction, repair,
reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of
the permit date. The actual start means either the first placement of permanent construction of a
structure on a site, such as the pouring of slab or footings, the installation of piles, the construction
of columns, or any work beyond the stage of excavation; or the placement of a manufactured home
on a foundation. Permanent construction does not include land preparation, such as clearing,
grading, and filling; nor does it include the installation of streets and/or walkways; nor does it
include excavation for a basement, footings, piers, or foundations or the erection of temporary
forms; nor does it include the installation on the property of accessory buildings, such as garages
or sheds not occupied as dwelling units or not part of the main structure. For a substantial
improvement, the actual start of construction means the first alteration of any wall, ceiling, floor,
or other structural part of a building, whether or not that alteration affects the external dimensions
of a building.
Structure
A walled and roofed building, manufactured home, or gas or liquid storage tank that is principally
above ground.
Substantial Damage
Damage of any origin sustained by a structure whereby the cost of restoring the structure to the
‘before damaged’ condition would equal or exceed 50 percent of the market value of the structure
before the damage occurred.
Substantial Improvement
Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which
equals or exceeds 50 percent of the market value of the structure before the "start of construction"
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of the improvement. This term includes structures, which have incurred "substantial damage,"
regardless of the actual repair work performed. The term does not, however, include:
1. Any project for improvement of a structure to correct existing violations of state or
local health, sanitary, or safety code specifications which have been identified by the
local code enforcement official and which are the minimum necessary to assure safe
living conditions; or
2. Any alteration of a "historic structure," provided that the alteration would not preclude
the structure's continued designation as a "historic structure".
Variance
A grant of relief from the standards of these regulations.
Violation
The failure of a structure or other development to be fully compliant with these regulations.

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SECTION 3.0: ADMINISTRATION
3.1

Designation of the Floodplain Administrator
The Public Works and Utilities Director is hereby appointed to administer and implement
these regulations and is referred to herein as the Floodplain Administrator.

3.2

Duties and Responsibilities of the Floodplain Administrator
The duties and responsibilities of the Floodplain Administrator shall include but are not
limited to:
A. Evaluate applications for permits to develop in special flood hazard areas.
B. Interpret floodplain boundaries and provide flood hazard and flood protection elevation
information.
C. Issue permits to develop in special flood hazard areas when the provisions of these
regulations have been met, or refuse to issue the same in the event of noncompliance.
D. Inspect buildings and lands to determine whether any violations of these regulations
have been committed.
E. Make and permanently keep all records for public inspection necessary for the
administration of these regulations including Flood Insurance Rate Maps, Letters of
Map Amendment and Revision, records of issuance and denial of permits to develop
in special flood hazard areas, determinations of whether development is in or out of
special flood hazard areas for the purpose of issuing floodplain development permits,
elevation certificates, floodproofing certificates, variances, and records of enforcement
actions taken for violations of these regulations.
F. Enforce the provisions of these regulations.
G. Provide information, testimony, or other evidence as needed during variance hearings.
H. Coordinate map maintenance activities and FEMA follow-up.
I. Conduct substantial damage determinations to determine whether existing structures,
damaged from any source and in special flood hazard areas identified by FEMA, must
meet the development standards of these regulations.

3.3

Floodplain Development Permits
It shall be unlawful for any person to begin construction or other development activity
including but not limited to filling, grading, construction, alteration, remodeling, or
expanding any structure; or alteration of any watercourse wholly within, partially within
or in contact with any identified special flood hazard area, as established in Section 1.6,
until a floodplain development permit is obtained from the Floodplain Administrator. Such
floodplain development permit shall show that the proposed development activity is in
conformity with the provisions of these regulations. No such permit shall be issued by the
Floodplain Administrator until the requirements of these regulations have been met.

3.4

Application Required
An application for a floodplain development permit shall be required for all development
activities located wholly within, partially within, or in contact with an identified special
flood hazard area. Such application shall be made by the owner of the property or his/her
authorized agent, herein referred to as the applicant, prior to the actual commencement of
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such construction on a form furnished for that purpose. Where it is unclear whether a
development site is in a special flood hazard area, the Floodplain Administrator may
require an application for a floodplain development permit to determine the development’s
location. Such applications shall include, but not be limited to:
A. Site plans drawn to scale showing the nature, location, dimensions, and topography of
the area in question; the location of existing or proposed structures, fill, storage of
materials, drainage facilities, and the location of the foregoing.
B. Elevation of the existing, natural ground where structures are proposed.
C. Elevation of the lowest floor, including basement, of all proposed structures.
D. Such other material and information as may be requested by the Floodplain
Administrator to determine conformance with, and provide enforcement of these
regulations.
E. Technical analyses conducted by the appropriate design professional registered in the
State of Ohio and submitted with an application for a floodplain development permit
when applicable:
1. Floodproofing certification for non-residential floodproofed structure as required
in Section 4.5.
2. Certification that fully enclosed areas below the lowest floor of a structure not
meeting the design requirements of Section 4.4(E) are designed to automatically
equalize hydrostatic flood forces.
3. Description of any watercourse alteration or relocation that the flood carrying
capacity of the watercourse will not be diminished, and maintenance assurances as
required in Section 4.9(C).
4. A hydrologic and hydraulic analysis demonstrating that the cumulative effect of
proposed development, when combined with all other existing and anticipated
development will not increase the water surface elevation of the base flood by more
than one foot in special flood hazard areas where the Federal Emergency
Management Agency has provided base flood elevations but no floodway as
required by Section 4.9(B).
5. A hydrologic and hydraulic engineering analysis showing impact of any
development on flood heights in an identified floodway as required by Section
4.9(A).
6. Generation of base flood elevation(s) for subdivision and other new developments
as required by Section 4.3.
F. To defray the cost to the City for reviewing permits, plans and technical flood plain
studies received pursuant to this ordinance, a fee shall be assessed in the amount of One
Hundred Dollars ($100.00) per acre of the development contained within a floodplain
as identified on the effective FIRM document or by the Director’s interpretation of all
available technical data.

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3.5

Review and Approval of a Floodplain Development Permit Application
A. Review
1. After receipt of a complete application, the Floodplain Administrator shall review
the application to ensure that the standards of these regulations have been met. No
floodplain development permit application shall be reviewed until all information
required in Section 3.4 has been received by the Floodplain Administrator.
2. The Floodplain Administrator shall review all floodplain development permit
applications to assure that all necessary permits have been received from those
federal, state or local governmental agencies from which prior approval is required.
The applicant shall be responsible for obtaining such permits as required including
permits issued by the U.S. Army Corps of Engineers under Section 10 of the Rivers
and Harbors Act and Section 404 of the Clean Water Act, and the Ohio
Environmental Protection Agency under Section 401 of the Clean Water Act.
B. Approval
Within thirty (30) days after the receipt of a complete application, the Floodplain
Administrator shall either approve or disapprove the application. If the Floodplain
Administrator is satisfied that the development proposed in the floodplain development
application conforms to the requirements of this ordinance, the Floodplain
Administrator shall issue the permit. All floodplain development permits shall be
conditional upon the commencement of work within 180 days. A floodplain
development permit shall expire 180 days after issuance unless the permitted activity
has been substantially begun and is thereafter pursued to completion.

3.6

Inspections
The Floodplain Administrator shall make periodic inspections at appropriate times
throughout the period of construction in order to monitor compliance with permit
conditions.

3.7

Post-Construction Certifications Required
The following as-built certifications are required after a floodplain development permit has
been issued:
A. For new or substantially improved residential structures, or non-residential structures
that have been elevated, the applicant shall have a Federal Emergency Management
Agency Elevation Certificate completed by a registered professional surveyor to record
as-built elevation data. For elevated structures in Zone A and Zone AO areas without a
base flood elevation, the elevation certificate may be completed by the property owner
or owner’s representative.
B. For all development activities subject to the standards of Section 3.11(A), a Letter of
Map Revision.
C. For new or substantially improved nonresidential structures that have been floodproofed
in lieu of elevation, where allowed, the applicant shall supply a completed
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Floodproofing Certificate for Non-Residential Structures completed by a registered
professional engineer or architect together with associated documentation.
3.8

Revoking a Floodplain Development Permit
A floodplain development permit shall be revocable, if among other things, the actual
development activity does not conform to the terms of the application and permit granted
thereon. In the event of the revocation of a permit, an appeal may be taken to the Board of
Zoning Appeals in accordance with Section 5 of these regulations.

3.9

Exemption from Filing a Development Permit
An application for a floodplain development permit shall not be required for maintenance
work such as roofing, painting, and basement sealing, or for small nonstructural
development activities (except for filling and grading) valued at less than $5,000.

3.10

State and Federal Development
A. Development that is funded, financed, undertaken, or preempted by state agencies shall
comply with minimum NFIP criteria.
B. Before awarding funding or financing or granting a license, permit, or other
authorization for a development that is or is to be located within a 100-year floodplain,
a state agency shall require the applicant to demonstrate to the satisfaction of the agency
that the development will comply with minimum NFIP criteria and any applicable local
floodplain management resolution or ordinance as required by Ohio Revised Code
Section 1521.13. This includes, but is not limited to:
1. Development activities in an existing or proposed manufactured home park that are
under the authority of the Ohio Department of Commerce and subject to the flood
damage reduction provisions of the Ohio Administrative Code Section 4781-12.
2. Major utility facilities permitted by the Ohio Power Siting Board under Section 4906
of the Ohio Revised Code.
3. Hazardous waste disposal facilities permitted by the Hazardous Waste Siting Board
under Section 3734 of the Ohio Revised Code.
C. Development activities undertaken by a federal agency and which are subject to
Federal Executive Order 11988 – Floodplain Management.
1. Each federal agency has a responsibility to evaluate the potential effects of any
actions it may take in a floodplain; to ensure that its planning programs and budget
request reflect consideration of flood hazards and floodplain management; and to
prescribe procedures to implement the policies and requirements of EO 11988.

3.11

Map Maintenance Activities
To meet National Flood Insurance Program minimum requirements to have flood data
reviewed and approved by FEMA, and to ensure that City of Middletown’s flood maps,
studies and other data identified in Section 1.6 accurately represent flooding conditions so
appropriate floodplain management criteria are based on current data, the following map
maintenance activities are identified:

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A. Requirement to Submit New Technical Data
1. For all development proposals that impact floodway delineations or base flood
elevations, the community shall ensure that technical data reflecting such changes
be submitted to FEMA within six months of the date such information becomes
available. These development proposals include:
a. Floodway encroachments that increase or decrease base flood elevations or alter
floodway boundaries;
b. Fill sites to be used for the placement of proposed structures where the applicant
desires to remove the site from the special flood hazard area;
c. Alteration of watercourses that result in a relocation or elimination of the
special flood hazard area, including the placement of culverts; and
d. Subdivision or other new development proposals requiring the establishment of
base flood elevations in accordance with Section 4.3.
2. It is the responsibility of the applicant to have technical data, required in accordance
with Section 3.11(A), prepared in a format required for a Conditional Letter of Map
Revision or Letter of Map Revision, and submitted to FEMA. Submittal and
processing fees for these map revisions shall be the responsibility of the applicant.
3. The Floodplain Administrator shall require a Conditional Letter of Map Revision
prior to the issuance of a floodplain development permit for:
a. Proposed floodway encroachments that increase the base flood elevation;
and
b. Proposed development which increases the base flood elevation by more
than one foot in riverine areas where FEMA has provided base flood
elevations but no floodway.
4. Floodplain development permits issued by the Floodplain Administrator shall be
conditioned upon the applicant obtaining a Letter of Map Revision from FEMA for
any development proposal subject to Section 3.11(A)(1).
B. Right to Submit New Technical Data
The Floodplain Administrator may request changes to any of the information shown on
an effective map that does not impact floodplain or floodway delineations or base flood
elevations, such as labeling or planimetric details. Such a submission shall include
appropriate supporting documentation made in writing by the City Manager of the City
of Middletown, and may be submitted at any time.
C. Annexation / Detachment
Upon occurrence, the Floodplain Administrator shall notify FEMA in writing
whenever the boundaries of the City of Middletown have been modified by annexation
or the community has assumed authority over an area, or no longer has authority to
adopt and enforce floodplain management regulations for a particular area. In order
that the City of Middletown’s Flood Insurance Rate Map accurately represent the City
of Middletown boundaries, include within such notification a copy of a map of the City
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of Middletown suitable for reproduction, clearly showing the new corporate limits or
the new area for which the City of Middletown assumed or relinquished floodplain
management regulatory authority.
3.12

Data Use and Flood Map Interpretation
The following guidelines shall apply to the use and interpretation of maps and other data
showing areas of special flood hazard:
A. In areas where FEMA has not identified special flood hazard areas, or in FEMA
identified special flood hazard areas where base flood elevation and floodway data have
not been identified, the Floodplain Administrator shall review and reasonably utilize
any other flood hazard data available from a federal, state, or other source.
B. Base flood elevations and floodway boundaries produced on FEMA flood maps and
studies shall take precedence over base flood elevations and floodway boundaries by
any other source that reflect a reduced floodway width and/or lower base flood
elevations. Other sources of data, showing increased base flood elevations and/or larger
floodway areas than are shown on FEMA flood maps and studies, shall be reasonably
used by the Floodplain Administrator.
C. The Floodplain Administrator shall make interpretations, where needed, as to the exact
location of the flood boundaries and areas of special flood hazard. A person contesting
the determination of the location of the boundary shall be given a reasonable
opportunity to appeal the interpretation as provided in Section 5.0, Appeals and
Variances.
D. Where an existing or proposed structure or other development is affected by multiple
flood zones, by multiple base flood elevations, or both, the development activity must
comply with the provisions of this ordinance applicable to the most restrictive flood
zone and the highest base flood elevation affecting any part of the existing or proposed
structure; or for other developments, affecting any part of the area of the development.

3.13 Use of Preliminary Flood Insurance Rate Map and/or Flood Insurance Study Data
A. Zone A:
1. Within Zone A areas designated on an effective FIRM, data from the preliminary
FIRM and/or FIS shall be reasonably utilized as best available data.
2. When all appeals have been resolved and a notice of final flood elevation
determination has been provided in a Letter of Final Determination (LFD), BFE
and floodway data from the preliminary FIRM and/or FIS shall be used for
regulating development.
B. Zones AE, A1-30, AH, and AO:
1. BFE and floodway data from a preliminary FIS or FIRM restudy are not required to
be used in lieu of BFE and floodway data contained in an existing effective FIS and
FIRM. However,
a. Where BFEs increase in a restudied area, communities have the responsibility
to ensure that new or substantially improved structures are protected.
Communities are encouraged to reasonably utilize preliminary FIS or FIRM
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data in instances where BFEs increase and floodways are revised to ensure that
the health, safety, and property of their citizens are protected.
b. Where BFEs decrease, preliminary FIS or FIRM data should not be used to
regulate floodplain development until the LFD has been issued or until all
appeals have been resolved.
2. If a preliminary FIRM or FIS has designated floodways where none had previously
existed, communities should reasonably utilize this data in lieu of applying the
encroachment performance standard of Section 4.9(B) since the data in the draft or
preliminary FIS represents the best data available.
C. Zones B, C, and X:
1. Use of BFE and floodway data from a preliminary FIRM or FIS are not required for
areas designated as Zone B, C, or X on the effective FIRM which are being revised
to Zone AE, A1-30, AH, or AO. Communities are encouraged to reasonably utilize
preliminary FIS or FIRM data to ensure that the health, safety, and property of their
citizens are protected.
3.14

Substantial Damage Determinations
Damages to structures may result from a variety of causes including flood, tornado, wind,
heavy snow, fire, etc. After such a damage event, the Floodplain Administrator shall:
A. Determine whether damaged structures are located in special flood hazard areas;
B. Conduct substantial damage determinations for damaged structures located in special
flood hazard areas; and
C. Require owners of substantially damaged structures to obtain a floodplain development
permit prior to repair, rehabilitation, or reconstruction.
Additionally, the Floodplain Administrator may implement other measures to assist with
the substantial damage determination and subsequent repair process. These measures
include issuing press releases, public service announcements, and other public information
materials related to the floodplain development permits and repair of damaged structures;
coordinating with other federal, state, and local agencies to assist with substantial damage
determinations; providing owners of damaged structures materials and other information
related to the proper repair of damaged structures in special flood hazard areas; and assist
owners of substantially damaged structures with Increased Cost of Compliance insurance
claims.

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SECTION 4.0:
REDUCTION

USE AND DEVELOPMENT STANDARDS FOR FLOOD HAZARD

The following use and development standards apply to development wholly within, partially
within, or in contact with any special flood hazard area as established in Section 1.6, 3.12(A), or
3.13:
4.1

Use Regulations
A. Permitted Uses
All uses not otherwise prohibited in this section or any other applicable land use
regulation adopted by the City of Middletown are allowed provided they meet the
provisions of these regulations.

4.2

Water and Wastewater Systems
The following standards apply to all water supply, sanitary sewerage and waste disposal
systems in the absence of any more restrictive standard provided under the Ohio Revised
Code or applicable state rules:
A. All new and replacement water supply systems shall be designed to minimize or
eliminate infiltration of floodwaters into the systems;
B. New and replacement sanitary sewerage systems shall be designed to minimize or
eliminate infiltration of flood waters into the systems and discharge from the systems
into flood waters; and,
C. On-site waste disposal systems shall be located to avoid impairment to or
contamination from them during flooding.

4.3

Subdivisions and Other New Developments
A. All subdivision proposals and all other proposed new development shall be consistent
with the need to minimize flood damage and are subject to all applicable standards in
these regulations;
B. All subdivision proposals and all other proposed new development shall have public
utilities and facilities such as sewer, gas, electrical, and water systems located and
constructed to minimize or eliminate flood damage;
C. All subdivision proposals and all other proposed new development shall have adequate
drainage provided to reduce exposure to flood damage; and
D. In all areas of special flood hazard where base flood elevation data are not available,
the applicant shall provide a hydrologic and hydraulic engineering analysis that
generates base flood elevations for all subdivision proposals and other proposed
developments containing at least 50 lots or 5 acres, whichever is less.
E. The applicant shall meet the requirement to submit technical data to FEMA in Section
3.11(A)(1)(d) when a hydrologic and hydraulic analysis is completed that generates
base flood elevations as required by Section 4.3(D).

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4.4

Residential Structures
The requirements of Section 4.4 apply to new construction of residential structures and to
substantial improvements of residential structures in zones A, A1-30, AE, AO, and AH,
when designated on the community’s effective FIRM, and when designated on a
preliminary or final FIRM issued by FEMA under the circumstances provided in Section
3.13.
A. New construction and substantial improvements shall be anchored to prevent flotation,
collapse, or lateral movement of the structure resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy. Where a structure, including its
foundation members, is elevated on fill to or above the base flood elevation, the
requirements for anchoring (4.4(A)) and construction materials resistant to flood
damage (4.4(B)) are satisfied.
B. New construction and substantial improvements shall be constructed with methods and
materials resistant to flood damage.
C. New construction and substantial improvements shall be constructed with electrical,
heating, ventilation, plumbing and air conditioning equipment and other service
facilities that are designed and/or elevated so as to prevent water from entering or
accumulating within the components during conditions of flooding.
D. New construction and substantial improvement of any residential structure, including
manufactured homes, shall have the lowest floor, including basement, elevated to or
above the flood protection elevation. In Zone AO areas with no elevations specified,
the structure shall have the lowest floor, including basement, elevated at least two feet
above the highest adjacent natural grade.
E. New construction and substantial improvements, including manufactured homes, that
do not have basements and that are elevated to the flood protection elevation using
pilings, columns, posts, or solid foundation perimeter walls with openings to allow the
automatic equalization of hydrostatic pressure may have an enclosure below the lowest
floor provided the enclosure meets the following standards:
1. Be used only for the parking of vehicles, building access, or storage; and
2. be designed and certified by a registered professional engineer or architect to
automatically equalize hydrostatic flood forces on exterior walls by allowing for
the entry and exit of floodwaters; or
3. have a minimum of two openings on different walls having a total net area not less
than one square inch for every square foot of enclosed area, and the bottom of all
such openings being no higher than one foot above grade. The openings may be
equipped with screens, louvers, or other coverings or devices provided that they
permit the automatic entry and exit of floodwaters.
F. Manufactured homes shall be affixed to a permanent foundation and anchored to
prevent flotation, collapse or lateral movement of the structure resulting from
hydrodynamic and hydrostatic loads, including the effects of buoyancy. Methods of
anchoring may include, but are not limited to, use of over-the-top or frame ties to
ground anchors.
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G. Repair or rehabilitation of historic structures upon a determination that the proposed
repair or rehabilitation will not preclude the structure's continued designation as a
historic structure and is the minimum necessary to preserve the historic character and
design of the structure, shall be exempt from the development standards of Section 4.4.
H. In AO and AH Zones, new construction and substantial improvement shall have
adequate drainage paths around structures on slopes to guide floodwaters around and
away from the structure.
4.5

Nonresidential Structures
The requirements of Section 4.5 apply to new construction and to substantial improvements
of nonresidential structures in zones A, A1-30, AE, AO, and AH, when designated on the
community’s effective FIRM, and when designated on a preliminary or final FIRM issued
by FEMA under the circumstances provided in Section 3.13.
A. New construction and substantial improvement of any commercial, industrial or other
nonresidential structure shall meet the requirements of Section 4.4 (A) – (C) and (E) –
(G).
B. New construction and substantial improvement of any commercial, industrial or other
non-residential structure shall either have the lowest floor, including basement,
elevated to or above the level of the flood protection elevation; or, together with
attendant utility and sanitary facilities, shall meet all of the following standards:
1. Be dry floodproofed so that the structure is watertight with walls substantially
impermeable to the passage of water to the level of the flood protection elevation;
2. Have structural components capable of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy; and,
3. Be certified by a registered professional engineer or architect, through the use of a
Federal Emergency Management Agency Floodproofing Certificate, that the
design and methods of construction are in accordance with Section 4.5(B)(1) and
(2).
C. COMMUNITIES HAVING AO ZONES: In Zone AO areas with no elevations
specified, the structure shall have the lowest floor, including basement, elevated at least
two feet above the highest adjacent natural grade.

4.6

Accessory Structures
Structures that are 600 square feet or less which are used for parking and storage only are
exempt from elevation or dry floodproofing standards within zones A, A1-30, AE, AO,
and AH designated on the community’s FIRM. Such structures must meet the following
standards:
A. They shall not be used for human habitation;
B. They shall be constructed of flood resistant materials;
C. They shall be constructed and placed on the lot to offer the minimum resistance to the
flow of floodwaters;
D. They shall be firmly anchored to prevent flotation;
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E. Service facilities such as electrical and heating equipment shall be elevated or
floodproofed to or above the level of the flood protection elevation; and
F. They shall meet the opening requirements of Section 4.4(E)(3);
4.7

Recreational Vehicles
Recreational vehicles on sites within zones A, A1-A30, AE, AO, or AH must meet at least
one of the following standards:
A. They shall not be located on sites in special flood hazard areas for more than 180
days, or
B. They must be fully licensed and ready for highway use, or
C. They must be placed on the site pursuant to a floodplain development permit issued
under Sections 3.3 and 3.4, and meet all standards of Section 4.4.

4.8

Gas or Liquid Storage Tanks
A. Within zone A, A1-A30, AE, AO, or AH, new or substantially improved above ground
gas or liquid storage tanks shall be anchored to prevent flotation or lateral movement
resulting from hydrodynamic and hydrostatic loads.

4.9

Assurance of Flood Carrying Capacity
Pursuant to the purpose and methods of reducing flood damage stated in these regulations,
the following additional standards are adopted to assure that the reduction of the flood
carrying capacity of watercourses is minimized:
A. Development in Floodways
1. In floodway areas, development shall cause no increase in flood levels during the
occurrence of the base flood discharge. Prior to issuance of a floodplain
development permit, the applicant must submit a hydrologic and hydraulic analysis,
conducted by a registered professional engineer, demonstrating that the proposed
development would not result in any increase in the base flood elevation; or
2. Development in floodway areas causing increases in the base flood elevation may
be permitted provided all of the following are completed by the applicant:
a. Meet the requirements to submit technical data in Section 3.11(A);
b. An evaluation of alternatives, which would not result in increased base flood
elevations and an explanation why these alternatives are not feasible;
c. Certification that no structures are located in areas that would be impacted by
the increased base flood elevation;
d. Documentation of individual legal notices to all impacted property owners
within and outside the community, explaining the impact of the proposed action
on their property; and
e. Concurrence of the City Manager of Middletown and the Chief Executive
Officer of any other communities impacted by the proposed actions.

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B. Development in Riverine Areas with Base Flood Elevations but No Floodways
1. In riverine special flood hazard areas identified by FEMA where base flood
elevation data are provided but no floodways have been designated, the cumulative
effect of any proposed development, when combined with all other existing and
anticipated development, shall not increase the base flood elevation more than 1.0
(one) foot at any point. Prior to issuance of a floodplain development permit, the
applicant must submit a hydrologic and hydraulic analysis, conducted by a
registered professional engineer, demonstrating that this standard has been met; or,
2. Development in riverine special flood hazard areas identified by FEMA where base
flood elevation data are provided but no floodways have been designated causing
more than one foot increase in the base flood elevation may be permitted provided
all of the following are completed by the applicant:
a. An evaluation of alternatives which would result in an increase of one foot or
less of the base flood elevation and an explanation why these alternatives are
not feasible;
b. Section 4.9(A)(2), items (a) and (c)-(e).
C. Alterations of a Watercourse
For the purpose of these regulations, a watercourse is altered when any change occurs
within its banks. The extent of the banks shall be established by a field determination
of the “bankfull stage.” The field determination of “bankfull stage” shall be based on
methods presented in Chapter 7 of the USDA Forest Service General Technical Report
RM-245, Stream Channel Reference Sites: An Illustrated Guide to Field Technique or
other applicable publication available from a Federal, State, or other authoritative
source. For all proposed developments that alter a watercourse, the following standards
apply:
1. The bankfull flood carrying capacity of the altered or relocated portion of the
watercourse shall not be diminished. Prior to the issuance of a floodplain
development permit, the applicant must submit a description of the extent to which
any watercourse will be altered or relocated as a result of the proposed
development, and certification by a registered professional engineer that the
bankfull flood carrying capacity of the watercourse will not be diminished.
2. Adjacent communities, the U.S. Army Corps of Engineers, and the Ohio
Department of Natural Resources, Division of Water, must be notified prior to any
alteration or relocation of a watercourse. Evidence of such notification must be
submitted to the Federal Emergency Management Agency.
3. The applicant shall be responsible for providing the necessary maintenance for the
altered or relocated portion of said watercourse so that the flood carrying capacity
will not be diminished. The Floodplain Administrator may require the permit holder
to enter into an agreement with the City of Middletown specifying the maintenance
responsibilities. If an agreement is required, it shall be made a condition of the
floodplain development permit.

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4. The applicant shall meet the requirements to submit technical data in Section
3.11(A)(1)(c) when an alteration of a watercourse results in the relocation or
elimination of the special flood hazard area, including the placement of culverts.
SECTION 5.0: APPEALS AND VARIANCES
5.1

Building and Housing Board of Appeals
The Building and Housing Board of Appeals as established by Chapter 1460 shall appoint
an Appeals Board of the Codified Ordinances of the City of Middletown shall hear and
decide appeals and requests for variances from the requirements of this Chapter. Appeals
and variance records will be kept on file at the City of Middletown Clerk of Council’s
Office, One Donham Plaza, Middletown, Ohio 45042.

5.2

Powers and Duties
A. The Appeals Board shall hear and decide appeals where it is alleged there is an error in
any order, requirement, decision or determination made by the Floodplain
Administrator in the administration or enforcement of these regulations.
B. Authorize variances in accordance with Section 5.4 of these regulations.

5.3

Appeals
Any person affected by any notice and order, or other official action of the Floodplain
Administrator may request and shall be granted a hearing on the matter before the Appeals
Board provided that such person shall file, within 20 days of the date of such notice and
order, or other official action, a brief statement of the grounds for such hearing or for the
mitigation of any item appearing on any order of the Floodplain Administrator’s decision.
Such appeal shall be in writing, signed by the applicant, and be filed with the Chief
Building Official with a copy provided to the Floodplain Administrator. Upon receipt of
the appeal, the Floodplain Administrator shall transmit said notice and all pertinent
information on which the Floodplain Administrator’s decision was made to the Appeals
Board.
Upon receipt of the notice of appeal, the Appeals Board shall fix a reasonable time for the
appeal, give notice in writing to parties in interest, and decide the appeal within a
reasonable time after it is submitted.

5.4

Variances
Any person believing that the use and development standards of these regulations would
result in unnecessary hardship may file an application for a variance. The Appeals Board
shall have the power to authorize, in specific cases, such variances from the standards of
these regulations, not inconsistent with Federal regulations, as will not be contrary to the
public interest where, owning to special conditions of the lot or parcel, a literal enforcement
of the provisions of these regulations would result in unnecessary hardship.

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A. Application for a Variance
1. Any owner, or agent thereof, of property for which a variance is sought shall make
an application for a variance by filing it with the Chief Building Official, who upon
receipt of the variance shall transmit it to the Floodplain Administrator and the
Board of Appeals.
2. Such application at a minimum shall contain the following information: Name,
address, and telephone number of the applicant; legal description of the property;
parcel map; description of the existing use; description of the proposed use; location
of the floodplain; description of the variance sought; and reason for the variance
request.
B. Notice for Public Hearing
The Appeals Board shall schedule and hold a public hearing within thirty (30) days
after the receipt of an application for a variance from the Floodplain Administrator.
Prior to the hearing, a notice of such hearing shall be given in one (1) or more
newspapers of general circulation in the community at least ten (10) days before the
date of the hearing.
C. Public Hearing
Unless waived in writing by the applicant, the Board of Appeals shall hold a public
hearing on the variance application. At such hearing the applicant and the Floodplain
Administrator shall be given the opportunity to present evidence relevant to the
application. Notice of hearing shall be given in accordance with the Middletown
Codified Ordinances Chapter 1460.
At such hearing the applicant shall present such statements and evidence as the Appeals
Board requires. In considering such variance applications, the Appeals Board shall
consider and make findings of fact on all evaluations, all relevant factors, standards
specified in other sections of these regulations and the following factors:
1. The danger that materials may be swept onto other lands to the injury of others.
2. The danger to life and property due to flooding or erosion damage.
3. The susceptibility of the proposed facility and its contents to flood damage and the
effect of such damage on the individual owner.
4. The importance of the services provided by the proposed facility to the community.
5. The availability of alternative locations for the proposed use that are not subject to
flooding or erosion damage.
6. The necessity to the facility of a waterfront location, where applicable.
7. The compatibility of the proposed use with existing and anticipated development.
8. The relationship of the proposed use to the comprehensive plan and floodplain
management program for that area.
9. The safety of access to the property in times of flood for ordinary and emergency
vehicles.
10. The expected heights, velocity, duration, rate of rise, and sediment transport of the
floodwaters and the effects of wave action, if applicable, expected at the site.
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11. The costs of providing governmental services during and after flood conditions,
including maintenance and repair of public utilities and facilities such as sewer,
gas, electrical, and water systems, and streets and bridges.
Variances shall only be issued upon:
1. A showing of good and sufficient cause.
2. A determination that failure to grant the variance would result in exceptional
hardship due to the physical characteristics of the property. Increased cost or
inconvenience of meeting the requirements of these regulations does not constitute
an exceptional hardship to the applicant.
3. A determination that the granting of a variance will not result in increased flood
heights beyond that which is allowed in these regulations; additional threats to
public safety; extraordinary public expense, nuisances, fraud on or victimization of
the public, or conflict with existing local laws.
4. A determination that the structure or other development is protected by methods to
minimize flood damages.
5. A determination that the variance is the minimum necessary, considering the flood
hazard, to afford relief.
Upon consideration of the above factors and the purposes of these regulations, the
Appeals Board may attach such conditions to the granting of variances, as it deems
necessary to further the purposes of these regulations.
D. Other Conditions for Variances
1. Variances shall not be issued within any designated floodway if any increase in
flood levels during the base flood discharge would result.
2. Generally, variances may be issued for new construction and substantial
improvements to be erected on a lot of one-half acre or less in size contiguous to
and surrounded by lots with existing structures constructed below the base flood
level, providing items in Section 5.4(C)(1) to (11) have been fully considered. As
the lot size increases beyond one-half acre, the technical justification required for
issuing the variance increases.
3. Any applicant to whom a variance is granted shall be given written notice that the
structure will be permitted to be built with a lowest floor elevation below the base
flood elevation and the cost of flood insurance will be commensurate with the
increased risk resulting from the reduced lowest floor elevation.
5.5

Procedure at Hearings
1. All testimony shall be given under oath.
2. A complete record of the proceedings shall be kept, except confidential
deliberations of the Board, but including all documents presented and a verbatim
record of the testimony of all witnesses.
3. The applicant shall proceed first to present evidence and testimony in support of
the appeal or variance.
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4. The administrator may present evidence or testimony in opposition to the appeal or
variance.
5. All witnesses shall be subject to cross-examination by the adverse party or their
counsel.
6. Evidence that is not admitted may be proffered and shall become part of the record
for appeal.
7. The Board shall issue subpoenas upon written request for the attendance of
witnesses. A reasonable deposit to cover the cost of issuance and service shall be
collected in advance.
8. The Board shall prepare conclusions of fact supporting its decision. The decision
may be announced at the conclusion of the hearing and thereafter issued in writing
or the decision may be issued in writing within a reasonable time after the hearing.
5.6

Appeal to the Court
Those aggrieved by the decision of the Appeals Board may appeal such decision to the
Butler and Warren Court of Common Pleas, pursuant to Ohio Rev. Code Chapter 2506.

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SECTION 6.0: ENFORCEMENT
6.1

Compliance Required
A. No structure or land shall hereafter be located, erected, constructed, reconstructed,
repaired, extended, converted, enlarged or altered without full compliance with the
terms of these regulations and all other applicable regulations which apply to uses
within the jurisdiction of these regulations, unless specifically exempted from filing for
a development permit as stated in Section 3.9.
B. Failure to obtain a floodplain development permit shall be a violation of these
regulations and shall be punishable in accordance with Section 6.3.
C. Floodplain development permits issued on the basis of plans and applications approved
by the Floodplain Administrator authorize only the use, and arrangement, set forth in
such approved plans and applications or amendments thereto. Use, arrangement, or
construction contrary to that authorized shall be deemed a violation of these regulations
and punishable in accordance with Section 6.3.

6.2

Notice of Violation
Whenever the Floodplain Administrator determines that there has been a violation of any
provision of these regulations, they shall give notice of such violation to the person
responsible therefore and order compliance with these regulations as hereinafter provided.
Such notice and order shall:
A. Be put in writing on an appropriate form;
B. Include a list of violations, referring to the section or sections of these regulations that
have been violated, and order remedial action, which, if taken, will effect compliance
with the provisions of these regulations;
C. Specify a reasonable time for performance;
D. Advise the owner, operator, or occupant of the right to appeal;
E. Be served on the owner, occupant, or agent in person. However, this notice and order
shall be deemed to be properly served upon the owner, occupant, or agent if a copy
thereof is sent by registered or certified mail to the person’s last known mailing address,
residence, or place of business, and/or a copy is posted in a conspicuous place in or on
the dwelling affected.

6.3

Violations and Penalties
Violation of the provisions of these regulations or failure to comply with any of its
requirements shall be deemed to be a strict liability offense, and shall constitute a minor
misdemeanor. Any person who violates these regulations or fails to comply with any of its
requirements shall upon conviction thereof be fined or imprisoned as provided by the laws
of the City of Middletown. Each day such violation continues shall be considered a separate
offense. Nothing herein contained shall prevent the City of Middletown from taking such
other lawful action as is necessary to prevent or remedy any violation. The City of
Middletown shall prosecute any violation of these regulations in accordance with the
penalties stated herein.

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UNFINISHED
BUSINESS

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NEW BUSINESS

Page 111 of 111

EXECUTIVE
SESSION

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