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AGENDA 1-07-2014 |
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Vivian Moon
MUSA Council Joined: May 16 2008 Location: Middletown, Ohi Status: Offline Points: 4187 |
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Posted: Jan 03 2014 at 8:12pm |
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MIDDLETOWN CITY COUNCIL AGENDA , January 7, 2014
I. BUSINESS MEETING - 4:30pm COUNCIL CHAMBERS – LOWER LEVEL 1. MOMENT OF MEDITATION/PLEDGE OF ALLEGIANCE TO THE FLAG 2. ROLL CALL 3. EXECUTIVE SESSION -Under the authority of O.R.C. 121.22 (G) (1) To consider the appointment or employment of a public employee or official; and under the authority of O.R.C. 121.22 (G) (2) To consider the purchase of property for public purposes, or for the sale of property at competitive bidding, if premature disclosure of information would give an unfair competitive or bargaining advantage. II. LEGISLATION 1. Ordinance No. O2013-73, an ordinance consenting to the completion of a project to plane and resurface a portion of State Route 4 and a portion of State Route 122 by the Ohio Department of Transportation. (2nd Reading)2. Resolution No. R2014-01, 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, 2014 (Nuisance Abatement Fund) and declaring an emergency.3. Ordinance No. O2014-01, an ordinance authorizing a contract with ReliaStar Life Insurance Company for administration of the City’s employee health care stop loss program and declaring an emergency.4. Ordinance No. O2014-02, an ordinance establishing a procedure for and authorizing an amendment to the contract with Rack & Ballauer Excavating, Co. for the 2013 Local Street Improvement Project – Phase 2 and declaring an emergency.5. Ordinance No. O2014-03, an ordinance establishing a procedure for and authorizing a contract with Howell Contractors, Inc. for the repair of the North Interceptor Sewer and declaring an emergency.6. Ordinance No. O2014-04, an ordinance establishing a procedure for and authorizing a contract with JW Devers & Son, Inc., for the purchase of a dump truck body. (1st Reading)7. Ordinance No. O2014-05, an ordinance establishing a procedure for and authorizing a contract with the Community Building Institute. (1st Reading)8. Ordinance No. O2014-06, an ordinance establishing a procedure for and authorizing an extension of a contract with ABL Management, Inc. for jail food service. (1st Reading)MIDDLETOWN CITY COUNCIL AGENDA , January 7, 2014 It is the policy of the City of Middletown to make all public hearings and meetings accessible to all persons, in accordance with state and/or federal laws. If you have a disability which requires accommodation in order for you to attend and/or participate in this meeting, please contact us at 425-7831 at least forty-eight hours prior to the time of the meeting to advise us of the need for accommodation, and reasonable efforts shall be made to provide the same. This agenda may be accessed on the City of Middletown website at: http://www.cityofmiddletown.orgIII. BUSINESS MEETING – Continued 1. CITIZEN COMMENTS, GUESTS, ORGANIZATIONS’ REPORTS 2 . CITY MANAGER REPORTS3. 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 City Council Minutes: December 17, 2013(b) Receive and File Board and Commission Minutes:Golf Course Commission- August 26, 2013 Airport Commission- September 4, October 2 and November 6, 2013 MidPointe Library Board- November 19, 2013 Board of Zoning Appeals- December 4, 2013 (c) Confirm Board & Commission Appointments:Planning Commission - Ann Mort Convention & Visitors Bureau - Mike Scorti Historic Commission- Sondra Ross (d) Receive & File Oaths of Office:Dora Bronston Dan Picard 4. COUNCIL COMMENTS 5. RECESS Meeting will recess until Wednesday, January 8, 2014 at 5:30P.M. |
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Perplexed
MUSA Citizen Joined: Apr 22 2009 Status: Offline Points: 315 |
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Who or what is the Community Building Institute? Does anyone know of the types of services that this entity provides? How much will it cost the city? Are they the group that worked with Amanda area residents a couple of years ago?
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409
Prominent MUSA Citizen Joined: Mar 27 2009 Status: Offline Points: 1014 |
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http://cbimiddletown.com/
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Every morning is the dawn of a new error...
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VietVet
MUSA Council Joined: May 15 2008 Status: Offline Points: 7008 |
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c) Confirm Board & Commission Appointments:
Planning Commission - Ann Mort Convention & Visitors Bureau - Mike Scorti Historic Commission- Sondra Ross KEEPIN' IT COZY AND ALL IN THE FAMILY. SAME OLD RECYCLED NAMES THAT HAVE DONE NOTHING FOR THE CITY OTHER THAN TO LEAD IT IN THE WRONG DIRECTION WITH MIS-FOCUSED IDEAS AND PRIORITIES. DIDN'T TAKE LONG FOR MORT TO GET HER NOSE BACK IN THE CITY'S BUSINESS DID IT? LITTLE CONTENT IN HER CONTRIBUTIONS, YET, AMAZINGLY, SOME THINK SHE IS GOLDEN. WHY? |
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I'm so proud of my hometown and what it has become. Recall 'em all. Let's start over.
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Vivian Moon
MUSA Council Joined: May 16 2008 Location: Middletown, Ohi Status: Offline Points: 4187 |
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ORDINANCE NO. O2014-05 AN ORDINANCE ESTABLISHING A PROCEDURE FOR AND AUTHORIZING A FIVE YEAR CONTRACT WITH THE COMMUNITY BUILDING INSTITUTE. WHEREAS, the City owns and operates the Robert “Sonny” Hill, Jr. Community Center; and WHEREAS, personnel changes and budget constraints have impacted the City’s ability to continue effective operation of the Community Center; and WHEREAS, the Community Building Institute has offered to assume the dayto- day operation of the Community Center; NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Section 1 The City Manager without complying with the procedures of Chapter 735 of the Ohio Revised Code is authorized to enter into a five year contract for the day-to-day operation of the Robert “Sonny” Hill, Jr. Community Center with the Community Building Institute, in a form substantially similar to the one attached hereto as Exhibit “A”. Section 2 For said purpose the Director of Finance is hereby authorized and directed to pay a sum as budgeted in calendar years 2014, 2015, 2016, 2017 and 2018 from the General Fund (#100). Section 3 City Council hereby determines that the procedure to be followed in the award and execution of the aforesaid contract shall consist solely of the procedure set forth in this ordinance and the provisions of Chapter 735 of the Ohio Revised Code shall not be applicable to the award and execution of the aforesaid contract. Section 4 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. This ordinance shall take effect and be in force at the earliest time permitted by law. ___________________________ 1st 2nd _ Adopted:_________________ Effective:_________________ Attest:________________________ Clerk of City Council H:/Law/leg/2014 Leg/O Contract with Community Building Institute.doc 1 For Business Meeting: S T A F F R E P O R T DATE TO: Judy Gilleland FROM: Doug Adkins, Director, Community Revitalization Management at the Community Center To authorize the City Manager to enter into a contract with the Community Building Institute to provide management of the Robert “Sonny” Hill Jr. Community Center. PURPOSE With the retirement of long time Community Center Director Ceal Thompson, the City hired Joel Gross to assume management of the Center. Under Joel’s direction, the Center has undergone expansion of programming and interior renovations during the past year and a half. One of the key local partners with the Center during this time has been the Community Building Institute. Under partnership with CBI, the annex was completely renovated, new digital signage was added to the front of the building, and several new programs were added to the Center’s offerings. BACKGROUND AND FINDINGS Joel has accepted a new position and left employment with the City on there is no succession plan in place for Joel’s departure and CBI offers a quick, efficient manner to continue operations seamlessly. Fourth, under the contract being finalized, the City will be able to expand programming at the Center while reducing the General Fund subsidy for 2014 and subsequent years. This ensures a stronger Center with less General Fund contributions by the City. The City has signed a 90 day interim agreement with CBI to assume control of the Center on Staff is seeking authorization to enter into a five year, long term contract with CBI for management of the Community Center. The draft contract currently being negotiated into final form is attached SUBJECT 2 for review. Do not authorize a long term contract. Staff can advertise to refill the Director position and continue with City staffing. ALTERNATIVES The long term contract will reduce the General Fund subsidy of the Center in 2014. FINANCIAL IMPACTS Conforms to City policy CONFORMITY TO CITY POLICY Staff recommends authorizing the City Manager to enter into a five year contract with the Community Building Institute for management of the Robert “Sonny” Hill Jr. Community Center. RECOMMENDATION This is a non-emergency item. EMERGENCY/NON EMERGENCY 3 This Community Center Management Agreement (“Contract”) is made and entered into effective as of the 1 COMMUNITY CENTER MANAGEMENT AGREEMENT st WHEREAS, the City of Middletown, Ohio desires to make available certain recreational and social services to its residents at the Sonny Hill Community Center (“Center”) located at 800 Lafayette Avenue, Middletown, Ohio 45044; and day of January, 2014 by and between COMMUNITY BUILDING INSTITUTE, an Ohio [nonprofit?], whose principal place of business is located at [ business address] (“CBI”) and the CITY OF MIDDLETOWN, Ohio, an Ohio Municipality whose principal place of business is located at City of Middletown , One Donham Plaza, Middletown, Ohio 45042 (“City”). WHEREAS, the CBI desires to provide certain recreational and social services to the City at the Center as more fully described herein; and WHEREAS, the City of NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and for the covenants contained herein, the undersigned hereby agree as follows: 1. CBI Requirements A. The Center will operate with standard hours no less than: . Starting as soon after Monday – Thursday: Friday: and will offer weekend programming as later agreed between the parties. Standard hours may later be adjusted by agreement between the parties. B. CBI will develop programming of a social and recreational nature for all age groups, from pre-school up to adults. The City shall review and approve CBI programming and will not unreasonably withhold its approval. Details of programming will depend on funding, staffing, and City interests. CBI will receive City approval before implementation of new programming. C. CBI will provide rental opportunities throughout the Center as available. The City and CBI will agree on rental paperwork, policies and procedures. Rental income generated at the Center will be held by CBI and utilized for operations at the Center. D. CBI will be responsible for general maintenance and upkeep of the facility including utilities and equipment repairs. Major building or equipment repairs or replacements over $5,000 shall be considered capital expenses and shall be handled consistent with Section 2(C) below. E. CBI will allow the City to schedule at least six public events during each calendar year at no charge to the City. These events will be scheduled in a manner as to not interfere with existing Center programming. CBI will strive to accommodate the City’s use of the Center at requested dates and times. E. CBI will apply for and utilize grant opportunities to expand programming opportunities to the public. CBI may sell advertising space and/or sponsorship of space or activities. CBI will be responsible for grant administration and/or contracts for advertising and/or sponsorship and will hold any funds generated as a result of grants, advertising, or sponsorship to be utilized for operations at the Center. F. Media releases, public announcements, and public disclosure regarding the Center shall be coordinated between CBI and the City prior to any release. G. Fees and Reimbursements. CBI shall invoice the City $8,333.33 per month for Management Services during the term of the contract. 2. City Requirements A. The City will contribute $100,000 annually towards Center operations, payable in monthly installments of $8,333.33 to CBI. . B. Grants and/or donations to Center operations during the contract term will be in the name of and under the control of CBI. Such grants and/or donations will be considered additional annual consideration in support of Center operations over and above the contribution listed in Section 2(A) above. C. Capital needs including major building and equipment repairs shall be the responsibility of the City, over and above the annual contribution listed in Section 2(A) above, and subject to City Council appropriation of funds for this purpose. The City agrees to use any carryover funds from the City 2013 Community Center budget to improve the facility in 2014. D. Within two weeks of execution of this agreement, the City will apply for, expedite approval as appropriate, and hold a beer/wine sales liquor permit for the Center. The City will work with CBI staff to develop and implement appropriate Center policies and procedures to protect the City from liability associated with liquor sales and consumption at the Center. If the City fails to obtain a liquor permit for Center operations by choice or because such permit is otherwise unavailable, the City agrees to increase the annual 5 contribution listed in Section 2(A) from $100,000 annually to $115,000 annually. E. CBI will provide operational reports as needed to the Community Revitalization Department. The City will review and must approve operational hours, policies, procedures and programming presented by CBI for the Center. The City will not unreasonably withhold its approval of CBI operational decisions. 3. Term 4. . This Contract shall be in effect for five (5) years from the effective date, however, either side may terminate this Contract for any reason in writing upon onehundred-eighty (180) days written notice. Conditions 5. . The City is committed to the Center. However, under may not bind future Council’s ability to appropriate funding levels. If a future City Council does not appropriate funding as described in Section 2(A) above during the contract term in Section 3, CBI may terminate this contract in writing upon the exhaustion of City funding. Personnel 6. . CBI shall be solely responsible for personnel staffing at the Center. Current city employees at the Center shall be laid off as of will pay unemployment costs incurred due to City lay off of existing Center employees. Insurance 7. . CBI shall maintain a $2,000,000 commercial general liability insurance policy. To the extent permitted by Ohio Law, CBI shall indemnify and hold the City harmless for any and all injuries, losses, etc. which result solely from the operation of the Center. The foregoing shall not be construed as an obligation to indemnify, defend or hold harmless the City for the City’s losses arising out of the City’s negligent acts or of its officers, agents, employees or volunteers. Entire Agreement 8. . This Contract constitutes the entire agreement between the parties pertaining to its subject matter and supersedes all prior and contemporaneous agreements, representations and understandings, whether written or oral, explicit or implied, of the parties. No agreements or representations, oral or otherwise, express or implied, with respect to the subject matter hereof have been made by either party which are not set forth expressly in this Contract. No provisions of this Contract may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing signed by City and CBI. No waiver by either party hereto at any time of any breach by the other hereto of, or compliance with, any condition or provision of this Contract to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time. Notices. All notices required to be given hereunder shall be in writing. Notices shall be considered delivered and effective upon receipt when sent by registered or 6 certified mail, postage pre-paid, return receipt requested, addressed to the parties as set forth above. Either party, upon written notice to the other, may change the address to which future notices shall be sent. 9. Governing Law. The rights and duties of the parties hereto shall be determined by the laws of the State of contract made and to be performed in 10. Enforceability 11. . Any provision of this Contract which is deemed invalid, illegal or unenforceable in any jurisdiction, shall, as to that jurisdiction, be ineffective to the extent of such invalidity, illegality or unenforceability, without affecting in any way the remaining provisions hereof in such jurisdiction or rendering that or any other provisions of this Contract invalid, illegal or unenforceable in any other jurisdiction. If any covenant should be deemed invalid, illegal or unenforceable because its scope is considered excessive, such covenant shall be modified so that the scope of the covenant is reduced only to the minimum extent necessary to render the modified covenant valid, legal and enforceable. Counterparts _______________ By: ___________________________ . This Contract may be executed in one or more counterparts, each of which shall be deemed to be an original but all of which together will constitute one and the same instrument. Date On Behalf of CBI _______________ By: ___________________________ Date On Behalf of the City of |
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Vivian Moon
MUSA Council Joined: May 16 2008 Location: Middletown, Ohi Status: Offline Points: 4187 |
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Who or what is the Community Building Institute? Does anyone know of the types of services that this entity provides? How much will it cost the city? Are they the group that worked with Amanda area residents a couple of years ago?
Perplexed Yes they are the same group |
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over the hill
MUSA Citizen Joined: Oct 19 2012 Location: middletown Status: Offline Points: 952 |
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But sounds like you still can't do anything unless the city says you can.Does that mean Doug or Judy has the "say so"? Just asking
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Mike_Presta
MUSA Council Joined: Apr 20 2008 Location: United States Status: Offline Points: 3483 |
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“Mulligan said he ... doesn’t believe they necessarily make the return on investment necessary to keep funding them.” …The Middletown Journal, January 30, 2012
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Mike_Presta
MUSA Council Joined: Apr 20 2008 Location: United States Status: Offline Points: 3483 |
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Isn't this the group, headed by Kelly Cowan, that was behind "the Middletown Promise"???
What ever happened to that??? |
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“Mulligan said he ... doesn’t believe they necessarily make the return on investment necessary to keep funding them.” …The Middletown Journal, January 30, 2012
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VietVet
MUSA Council Joined: May 15 2008 Status: Offline Points: 7008 |
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THE "MIDDLETOWN PROMISE". HMM, IS THAT LIKE THE NEWT GINGRICH "CONTRACT WITH AMERICA" PUBLICITY STUNT THAT NEVER MEANT ANYTHING? THE CLIMATE OF DISTRUST IN MIDDLETOWN AND THE USE OF THE WORD PROMISE SOMEHOW DON'T CONNECT VERY WELL. HAVE THEY EVER DELIVERED ON ANYTHING THAT WAS ADVANTAGEOUS TO THIS TOWN? HAVE THEY EVER BEEN TRUTHFUL WITH THE PUBLIC? WHEN KELLY COWAN WAS THE DIRECTOR OF MUM, SHE SEEMED TO GO ALONG WITH THE PROGRAM FROM CITY HALL. WONDER WHAT SHE REALLY THOUGHT OF THIS CITY AND IT'S LEADERSHIP (OR LACK OF IT)? |
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I'm so proud of my hometown and what it has become. Recall 'em all. Let's start over.
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Mike_Presta
MUSA Council Joined: Apr 20 2008 Location: United States Status: Offline Points: 3483 |
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Let me refresh your memory!!!
The "Middletown Promise" went something like this: Anyone who graduated from Middletown High School, completing all required courses with a passing grade, would receive a full ride scholarship to Miami U. Middletown (as long as they maintained passing grades in their coursework there). I believe that "the Promise" was later modified to include a scholarship to Toledo U. (Perhaps the NEW "promise" will now be half-priced drinks during happy hour at the Community Center Saloon to be run by Kelly and her minions???) |
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“Mulligan said he ... doesn’t believe they necessarily make the return on investment necessary to keep funding them.” …The Middletown Journal, January 30, 2012
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Perplexed
MUSA Citizen Joined: Apr 22 2009 Status: Offline Points: 315 |
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Well said, Milke. Cheers to you!
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VietVet
MUSA Council Joined: May 15 2008 Status: Offline Points: 7008 |
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An absolutely vital, crucial story in the Journal today....
Joe Mulligan likely next vice mayor MIDDLETOWN — Middletown may have a new vice mayor after Tuesday’s meeting and he could be related to the mayor. When Middletown City Council meets for the first time this year, the five members will gather in executive session to discuss who they want to serve in the ceremonial role. The vice mayor runs council meetings and attends community functions as a council representative when the mayor is unavailable. The city’s mayor is selected during the general election, while council members pick the vice mayor. Council could decide to nominate and appoint vice mayor Dan Picard to the same role, but that’s unlikely, though Picard said he’d accept if no one else on council is interested. If it’s not Picard, the next logical choice will be Joe Mulligan, whose brother, Larry Mulligan Sr., serves as mayor. Joe Mulligan, who has been on council for two years, said if council members nominate him, he’d be “pleased” to accept the position. Typically, those recently elected to council don’t serve as vice mayor, so that would eliminate Dora Bronston, who was elected in November. Bronston said she’d accept the position if nominated. That would leave Anita Scott Jones as another possibility, but since she served as vice mayor three years ago, she’s a longshot candidate. There are five council members, down from seven, after voters decided to eliminate the ward system. In the most recent election, Bronston and Picard received more votes than incumbents Josh Laubach and Ann Mort. NOW, THIS MUST BE DONE BEFORE ANYTHING ELSE IS CONSIDERED IN THIS CITY. IT IS VITAL THAT COUNCIL TAKE THEIR TIME FOR THE PROPER SELECTION OF A MAYOR AND VICE MAYOR. ALL MUST FIGHT FOR THESE PRESTIGIOUS POSITIONS OF LEADERSHIP WITH A WINNER TAKE ALL ATTITUDE. IN THE MEANTIME, ALL OTHER CITY BUSINESS CAN BE PLACED ON HOLD AND PRIORITIZED ON DOWN THE LIST.(WITH THE EXCEPTION OF DOWNTOWN DEVELOPMENT) MERCY, THEY TAKE MORE TIME TO DETERMINE THIS CRAP THAN THEY DO WORKING ON GETTING JOBS IN HERE. JOE MULLIGAN---LARRY MULLIGAN--- PICARD---SCOTT-JONES---DOES IT MATTER? NOTHING WILL BE DIFFERENT. FOCUS--CONCENTRATE ON THE VITAL NEEDS OF THE CITY PEOPLE.....OR HAVEN'T YOU FIGURED THAT OUT AS YET? |
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I'm so proud of my hometown and what it has become. Recall 'em all. Let's start over.
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Perplexed
MUSA Citizen Joined: Apr 22 2009 Status: Offline Points: 315 |
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Vivian -
Thanks for letting us know that Doug A. still has $850,000 left from the Ohio Moving Forward (?) fund to demolish more properties by the extended 5/31 deadline. I see where 100 to 130 more residences in the next five months are projected. Do you have a list of addresses of properties to be leveled? Is it true that Doug A. may be in line to obtain a second round of Ohio Moving Forward (?) funding later this year? Will his focus continue to be predominantly located in Ward 2? And, by the way, I see where Doug A. has recently demolished two houses close to you on Waite Street. Does he have more in the works for your surroundings plus Crawford and environs? |
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Vivian Moon
MUSA Council Joined: May 16 2008 Location: Middletown, Ohi Status: Offline Points: 4187 |
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Posted: 12:00 a.m. Sunday, Jan. 12, 2014
City hands over operations at community center to CBIBy Rick McCrabb Staff Writer MIDDLETOWN — The city of Middletown is one step closer to getting out of the community center business.
Last week, City Council heard the first reading of an ordinance that would allow the city to sign a five-year contract that would turn over day-to-day operations of the Robert “Sonny” Hill Jr. Community Center, 800 Lafayette Ave., to the Miami University Middletown’s Community Building Institute. Joel Gross, former director of the community center, left in December after 18 months to accept a different position, and at the same time, due to city budget issues and layoffs of public safety personnel, funding at the center was cut 20 percent from $200,000 to $160,000, said Judy Gilleland, city manager. Gross made $34,249 annually as director, according to city records. CBI, which signed a 90-day contract to operate the center on Jan. 1, would be paid $100,000 a year to operate the center, payable in monthly installments of $8,333, Adkins said. Paying CBI to operate the center would save the city about $60,000 a year, he said. If the city doesn’t sign an agreement with CBI, it would hire a director and continue staffing the center, he said. CBI would be responsible for the staffing of the center, and for general maintenance and upkeep of the facilities, including utilities and equipment repairs. Major building or equipment repairs more than $5,000 would be considered capital expenses and would be the city’s responsibility, Adkins said. After five years, Adkins said it’s the city’s goal for the center to be self-sufficient. It’s Maney’s goal to “fill the gaps” in the educational system through tutoring, mentoring and leadership and character development at the center, she said. Maney hopes to create “a robust” youth program. She said the Parent Resource Center opened five years ago in the community center, and completed its renovations last year. Since, the center has grown from assisting 40 people to 125, and assisted 15 students in earning their GEDs. Maney wants the center’s tagline to read: “A community centered on hope.” The city also would be allowed to use the center for free at least six times for public events throughout the year, Adkins said. Council member Anita Scott Jones was concerned about some of the events that traditionally are held in the center and Adkins assured her those events would continue. Since CBI has been a partner at the center, the annex was completely renovated, new digital signage was added to the front of the building and new programs were added at the center, Adkins said. Allowing CBI to take over the center offers several “advantages” to the city, Adkins said. He said CBI is “well respected” in the community and partners with the center and numerous nonprofit and religious organizations. He said CBI offers “a quick, efficient manner” to continue operations seamlessly. |
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