DISCLOSE INFORMATION REGARDING ITS PUBLIC HOUSING VOUCHER PROGRAM

LEGAL ACTION FILED TO COMPEL CITY OF MIDDLETOWN TO DISCLOSE INFORMATION REGARDING ITS PUBLIC HOUSING VOUCHER PROGRAM

Wednesday, May 14, 2014 Hamilton, Ohio – Attorneys for Middletown landlord Dan Tracy and Merg Properties, LLC filed an action to compel the City of Middletown and the Middletown Public Housing Agency to disclose information regarding its efforts to remove landlords from participation in the Section 8 Housing Choice Voucher Program. Over the last several years the City of Middletown and the Middletown Public House Agency have brought criminal complaints against Section 8 landlords operating within in the city in an effort to reduce or eliminate subsidized public housing within the city boundaries.      Dan Tracy has been operating as a landlord in the City Middletown since the mid-1980s. In that time, he has worked closely with the City to provide houses for the Middletown Public Housing Agency’s housing choice voucher program, which provides housing assistance to low-income tenants.      In 2008, Middletown officials began to make public statements making it clear that a new priority for the city was to reduce the number of low income housing vouchers available to residents in the city. In 2010, the city released a “Section 8 Analysis” that described various ways the city could reduce available housing vouchers, and notes that federal regulations significantly “tie your hands” on what the city could do to reduce vouchers. Ultimately, the city’s analysis recommended reducing the number of available units by removing landlords from the program, even going so far as to provide a list of landlords to target, which included Mr. Tracy.     Since that time, multiple landlords on the list, including Mr. Tracy have been targeted by the Middletown Police Department for vague criminal investigations and prosecution as part of a concerted strategy to eliminate landlords providing public housing within the city. Mr. Tracy has tried unsuccessfully since July 2013 to obtain public records from the city regarding its investigations and prosecutions.      Tracy and Merg, have retained attorney Dwight A. Packard, II of the law firm Sams, Fischer, Packard & Schuessler to bring an action against the city to compel the production of the documents and other information so he can evaluate civil rights claims against the city.

OVER THE HILL

Dougie must not have read that chapter in his law book.
He stood before council and stated all the above on several occasions LIVE
on TV Middletown....mercy me
This entire thing with HUD is about to explode.
I have heard that HUD will testify against city if all this ends up in court.
HUD will eat Dougie alive...no way to stop it now!

We have had many heated discussions on this blog about the Section 8 Program over the past several years concerning who did what when and why.
No matter how you feel about this program what you really need to remember is….CITY HALL & CITY COUNCIL requested ALL the increases of Section 8 vouchers over a five year period as stated below.

When City Council hired Mr. Adkins as Community Revitalization Director
the priority became the reduction of Section 8 vouchers however HUD said NO because of the great need in this area.

So after HUD said NO….Mr Adkins and City Council came up with their own plan to reduce the vouchers.

My research has revealed some very disturbing documents. They describe in detail how Mr. Adkins is going to rid Middletown of THOSE PEOPLE…
A step by step plan to systematically remove a group of people from the city limits of Middletown…and all with the blessing of City Council. I must tell you reading all this made my skin crawl. 

It doesn’t matter how you feel about this program…what does matter is your city government is using your tax dollars and the power of their office to target real estate investors to put them out of business to cover up their royal screw up of increasing Section 8 by nearly 900 vouchers years ago..

Not only is this behavior immoral and unethical….it’s illegal

Posted: 12:00 a.m. Sunday, March 10, 2013

How much is too much Section 8?

By Michael D. Pitman

Staff Writer

    MIDDLETOWN — Middletown had a total of 774 Section 8 housing vouchers at the end of 1999 and over a six-year span more than doubled that number, according to city records.

    Today, this Butler County city of 48,962 has more subsidized housing per capita than any municipality in Ohio.

    That’s a statistic that Middletown officials have been anxiously working to change in recent years. Reducing Section 8 housing has become such a priority that the city administration and City Council are willing to risk the ire of and legal action from the U.S. Department of Housing and Urban Development by eliminating 1,008 vouchers and falling out of compliance with the agency’s regulations.

    Fourteen percent of the city’s housing stock, or 3,300 units, is subsidized housing, said Community Revitalization Director Doug Adkins. Too much Section 8 “is not the root of our problems,” he said, but it can impact the overall image of the city and hinder progress and economic development.

    “The city can only support 654 housing choice vouchers within the (Middletown Public Housing Authority) program,” Adkins said. “Any further saturation would … cross a tipping point where the additional subsidized housing creates more problems than benefits to the city as a whole.

    “At that point, families of all incomes suffer because the city cannot provide adequate services to its residents,” he said.

    But landlords like Jeff Faulkner, who rents several of the properties he owns to Section 8 tenants, disagree. They say Section 8 is big business in Middletown, bringing in millions of dollars to the city and serving hundreds of vulnerable, low-income and elderly residents who need decent, affordable housing.

    The city pays about $10 million in funds it receives from HUD to the hundreds of landlords who rent to Section 8 voucher-holders. The city’s proposed voucher cuts would eliminate $6 million in payments to those landlords.

    Faulkner said Middletown’s Section 8 program had “always been a strong, community-friendly program” until the city terminated its former administrator, Consoc Housing Consultants, and replaced them with Cleveland-based Nelson & Associates in March 2011. Since assuming more local control, he said, City Hall has been “beating up” Section 8 landlords with its strenuous property inspections and regulations.

    Faulkner the city’s plan would not only run hundreds of low-income residents out of the city, it would also create an almost equal amount of vacant housing. That’s why he and other landlords favor transferring the program out of the city’s control.

    “I think the Section 8 program needs to be moved to Butler County,” he said.

HUD had made a similar suggestion to Middletown officials in response to the city’s proposal to reduce its vouchers from 1,662 to 654. The federal housing agency objected to the city’s plan in a Dec. 18 letter, telling officials to fill 95 percent of its available vouchers, transfer its voucher program to the Butler County Metropolitan Housing Authority or face possible legal action.

    The Middletown Public Housing Authority, which is made up of all seven city council members and the city manager, has told HUD it intends to proceed with its plan. About 1,300 vouchers, or less than 80 percent of those available, have been issued to date, and that number will continue to decrease through attrition over the next five years, officials have said.

    Adkins said the data shows that — outside of the low-income housing tax credits — Middletown has almost twice as many subsidized housing units as Hamilton County and more than four times as many as other southwest Ohio housing agencies. He added that Middletown also has almost four times the state average.

    “The city suffers from an overabundance of rental property, beyond what the existing market can support and a corresponding lack of home ownership in distressed neighborhoods,” Adkins said. “During the past 10 years, the city implemented a policy of increasing the number of Section 8 vouchers to assist low-income residents.”

    Before Dec. 1, 1999, the city had 774 Section 8 vouchers. But because the city wanted to reduce the vacancy rates of older and less-desirable homes, and to ensure that housing remained in compliance with city code,Middletown officials began to accept additional vouchers, Adkins said.

    The city added 888 over the next six years, with 56.9 percent of the vouchers having been added in 2000 and 2001. The last increase came on Oct. 1, 2005 when they accepted 108 vouchers.

    In March 2011, Middletown terminated its contract with Consoc, which had managed the Section 8 program since 1996. The change happened because of 13 deficiencies related to operation of the program.

    At about the same time the city was changing program administrators, the Middletown Division of Police and the Office of the Inspector General started an ongoing investigation of Section 8, which has so far resulted in the arrest of 10 landlords — five in 2011 and five in 2012 — after they uncovered tens of thousands of dollars in alleged improper rental payments made on behalf of voucher-holders, said police spokesman Lt. Scott Reeve.

    The investigation, which is being lead by Middletown police Detective Ken Rogers, and tighter controls on the Section 8 program have had a positive effect, Reeve said.

    “Crime was down last year for the first time in a few years, and I think the Section 8 investigation has something to do with that,” he said. “The program was not supervised at all for many years, and when Doug took over the program, he enlisted our help to clean it up.”

    Some of the charges included landlords living in properties where tenants were to be living, or collecting Section 8 money when the property was vacant, Reeve said.

“There was a lot of abuse going on, in addition to the fact we have a disproportionate amount of Section 8,” Reeve said. “It hurts the crime rate, it hurts the school system, and it’s difficult to talk about because it comes across that we’re anti-poor. We’re not anti-poor, but we shouldn’t be disproportionate.”

    Real estate, rental and leasing is the largest private sector service industry in the state, Adkins said. And while home sales were on the upswing in the Cincinnati Metropolitan Area, according to 2012 and 2011 data, Middletown has not benefited from positive home growth, he said.

    “In the wake of the housing market collapse and the decrease in available credit, the city of Middletown suffers from a substantial oversupply of vacant, undesirable housing, leading to almost complete disinvestment in many neighborhoods,” Adkins said.

Councilman A.J. Smith, who cast the lone dissenting vote on the city’s plan to cut vouchers, agrees there is a need to fix the Section 8 program. But he disagrees with the way the city is going about doing it.

    Smith said Middletown will likely see some decline in the number of vouchers because of sequestration, the across-the-board federal spending cuts enacted March 1. HUD Secretary Shaun Donovan testified last month before Congress that the sequester would result in about 125,000 vouchers losing funding.

    “But I don’t think it (voucher reductions) should be initiated by us,” he said. “I think we have an obligation to care for our constituents, and we should care for those who can’t care for themselves.”

    Smith said the city’s Section 8 vouchers should be spread out better. While vouchers are peppered throughout Middletown, the highest concentrations are in the western and central portions of the city. Many of the vouchers are in the city’s 2nd Ward, which Smith represents.

    “The way we’re doing (voucher reduction) is by any means necessary,” Smith said. “I don’t think we’re taking a very diplomatic approach.”

    Smith said he doesn’t think Middletown should bear the burden of allButlerCounty’s low-income housing, but he worries about the public perception of the city’s current actions.

    “I don’t think our message should be to get rid of all the poor people,” he said. “That is what the community is feeling City Hall is trying to do.”

This is the first of a three-part series looking at the past, present and future of Section 8 in Middletown.

Showing its age

Middletown has some of the oldest homes in Butler and Warren counties:

Middletown:

52.7 percent of the city’s homes were built before 1960

11.4 percent of the city’s homes were built after 1990

ButlerCounty:

31.2 percent of the county’s homes were built before 1960

32.3 percent of the county’s homes were built after 1990

WarrenCounty:

16.6 percent of the county’s homes were built before 1960

51.9 percent of the county’s homes were built since 1990

Source: U.S. Census Bureau

Residential sales

Here is the 2011 and 2012 sales data on ButlerCounty:

2011 | 2012|% change

No. of sales: 3,259|3,812|14.51%

Average home price: $134,464.00|$136,675.00|1.62%

Median home price: $122,000.00|$125,000.00|2.40%

Source: Multiple Listing Service of Greater Cincinnati

 

MIDDLETOWN, OHIO
January 6, 2009

 ROLL CALL

Mayor Mulligan called the City Council Meeting to order at 5:30 P.M. in the City Council Chambers on the lower level of the City Building, One Donham Plaza with a moment of meditation followed by the Pledge of Allegiance to the Flag. Members

Present: Armbruster, Becker, Ford, Scott Jones, Marconi, Mulligan, and Schiavone.

Staff Present: City Manager Gilleland, Asst. Law Director S. Mills, Clerk Parr, G.

Smith, R. Carolus, M. Kohler, D. Duritsch, V. Hamilton, C. Strayer, C. Botts, D.

Hamet and C. Dennis.

CITIZEN COMMENTS

Barbara Armentrout, 1609 Orchard Street spoke regarding the Section 8

B. Armentrout Administration issues. She explained that ratings had never been given to CGI and Nelson & Associates as the high performance ratings given to CONSOC. They have never been rated by HUD because they have never run a Section 8 program. She

said they shouldn’t learn on the City’s nickel.

 

E. Short Ed Short, 1601 S. University Blvd., said he runs the Chamber of Horror Haunted

House. They employ about 50 employees per season and he asked council if they

could get some signs, similar to Light Up Middletown signs.

 

 Ms. Gilleland will call and talk to him.

 

MANAGER REPORTS
Ms. Gilleland wished everyone a Happy and Healthy New Year. She reported:

 · the City has won its twenty-second Excellence Award for Financial Reporting.

 · a Charter Review Committee will be appointed to comply with the City’s Charter

that mandates a review every ten years.

 · staff interviewed five candidates for the Economic Development Director

position. She will have a recommendation by the January 20th meeting.

 · two business closings, Chic Filet and Score.

 · Towne Mall is a priority and staff will continue to work toward resolution of

issues at Towne Mall.

 · $150,000,000 for a whole new front door to Renaissance District and Mall area.

 · Congratulated Better Built Construction who just landed a large contract.

 

Airport Update

David Duritsch explained the City purchased the airport interest and hired B& B

Aero. B&B would like to update Council on 2008 events and announce some events

upcoming in 2009. He introduced R. Jack Wolf.

 

Mr. Wolf wished all a Happy New Year. He reported it will be one year next month

since they took over management of the airport. In as much progress as has been

made, there is no way they could have done that on their own. He acknowledged

assistance from staff and thanked Chief Botts, Chief Schwarber, and Mr. Duritsch.

He felt it important to mention Scott Tadych, Ron Phelps, and Harry Willoughby at

the garage, stating some of these employees never get name recognition. He really

appreciates staff for all they have done. Even the Superintendent from Weatherwax,

Dean Gerdeman and some Golf Course employees volunteered and weed-eated

every building, every fence, every light at the entire field at the airport. And they did

this on their own time. He thanked all these employees. He reported that already to

this date 14 aviation events are planned for the Airport. New groups located at the

field, including a military air force company. They have four aircraft here now. Civil

Air Patrol has a very active presence at the field. Business at the airport is good, the

hangars are full. He would like to see some activity to build new hangars. They will

be having a business locate at the field with the type of activity that has never been

seen at the airport before. It will bring in some high paying jobs and an aircraft that

you usually see in Dayton and/or Cincinnati. He spoke about locating Police Swat

equipment on the field, the SWAT equipment that was kept outdoors at the Municipal

Garage will now be housed inside at the airport. Also, Captain Spaulding was

introduced to speak about a couple of pieces of equipment with involvement with

BCEMA that will be housed at the airport. It’s very exciting in promoting better fire

protection for aircraft at the airport. He wants a rating that opens up many

opportunities at the airport.

 

Captain Spaulding explained that through a Federal Grant there were 12 trailers

purchased in Butler County. Two trailers here are the only ones in Butler County,

one is a mass decontamination trailer – locations where you might see this type of

equipment would be schools, universities, etc. and a mass casualty device that can

provide first aid and medical treatment for events such as a natural disasters. These

two trailers will be a great asset to Middletown.

 

Mr. Wolf explained they have a professional grant writer working on her own time

toward that ARF index. He is proud of what we’re doing at the Airport. 

 

Mr. Mulligan stated appreciation for his efforts and said it’s good to hear accolades of

City Staff.

 

CONSENT AGENDA
The consent agenda was amended to move the Board and Commission

Appointments to a Motion Agenda Item for further discussion. Matters listed under

the amended Consent Agenda were presented:

 Approve City Council Minutes: November 18, 2008

Receive and File Board/Commission Minutes: Civil Service Commission

 November 13, 2008

 Receive and File Oath of Office: Roger Lovill

 Confirm Personnel Transactions: Appointments:

Equipment Operators – Charles Coyle, Richard Clark,

 Timothy Theiss and Michael Cope

 Squad Person – John Howard

 Fire Lieutenant – Ronald Douglas Bronnenberg

 Fire Captain – Todd Day

 Proclamations: Martin Luther King, Jr. Day – January 19th, 2009

 School Board Recognition Month – January, 2009

 

MOTION
Mr. Marconi moved to approve the Consent Agenda as amended. Ms. Scott

Jones seconded and the motion carried. Ayes: Armbruster, Becker, Ford, Scott

Jones, Marconi, Mulligan and Schiavone.

 

PINNING CEREMONY Chief Botts congratulated John Howard on his appointment to Squad Person. John

FIRE PERSONNEL
could not be at the meeting this evening.

 

 Chief Botts introduced Fire Lieutenant Bronnenberg recognizing that Bronnenberg is the first in history of this department to start as an apparatus operator and move on up through the ranks to the position of Lieutenant. He has 15 ½ years of service and Chief Botts recognized his many accomplishments. Mr. Bronnenberg was pinned by his daughter.

 

 Lieutenant Bronnenberg thanked Council, the City Manager, his brothers in the Division of Fire, Chief Botts and especially his family.

 

 Chief Botts introduced Todd Day who has 16 ½ years of service. They now have a chaplaincy in the Divisions of Police and Fire and Todd showed the leadership tomake it happen. He outlined many accomplishments over the years and wishedcongratulations to Captain Day. He was pinned by his wife.

 

 Captain Day thanked council for confirming the appointment. He said public serviceas a whole is about people. He expressed a high calling for what firefighters do andhe plans to be dedicated in the training of the crews. He feels he is here for apurpose and in that position for a purpose. He thanked his minister for also being inattendance.

 

PRESENTATION
Mayor Mulligan read and presented two proclamations to School Board President

TO SCHOOL BOARD
Reverend Gregory Tyus declaring January 2009 as School Board RecognitionMonth, one proclamation from the City and one from the Governors’ office.

 

 Rev. Tyus thanked council on behalf of his colleagues on the School Board. He said

they take their responsibility very serious. The Board is meeting challenges head on

and not shirking their responsibilities.

 

Citizen Comment
Although late for the meeting, the Mayor allowed comments from Wanda Glover,

W. Glover 1106 Calumet, who stated the Second Ward Community Council wants to make sure the Second Ward is not slighted when the Federal Funds are received. There are other wards that are flourishing more than the second ward. She said the City did a

nation wide search to get Nelson Self, and it’s disheartening to know that he has

been stripped on most of his authority. She commented that Ms. Smith wrote an

article that she isn’t qualified yet to make these decisions and Mr. Self was. She

doesn’t understand why responsibilities were taken from him.

 

EXECUTIVE SESSION At 6 p.m. Mr. Marconi moved to go into executive session under the authority of O.R.C. 121.22(G)(1) To consider the appointment, employment or compensation of a public employee or official. Ms. Scott Jones seconded and the motion carried. Ayes: Armbruster, Becker, Ford, Scott Jones, Marconi, Mulligan and Schiavone.

 

 At 7 p.m. Mayor Mulligan declared the meeting reopened.

 

MOTION Mr. Marconi moved to amend the agenda to include the addendum regarding the appointments to Boards and Commissions and Council Representatives and the

addendum is before council. Ms. Scott Jones seconded and the motion carried.

Ayes: Armbruster, Becker, Ford, Scott Jones, Marconi, Mulligan and Schiavone.

 

MOTION AGENDA
To confirm the Board and Commission Appointments and name Council

Representatives to certain Boards and Commissions as listed on an addendum

added to this agenda.

ADDENDUM

 Airport Commission Tom Anderson Don Cole

 CVB Ann Mort Kent Bradshaw

 Nadine Begley Nancy Romero

 Eric Melbye

Landmarks & Historic Districts Bonnie Daniel

Park Board Merrell Wood Ralph Connor

Planning Commission Perry Thatcher Jack Wolf

Tree Commission Martin Kontnier

 

COUNCIL REPRESENTATIVES

Airport Commission – Bill Becker

Architectural Review Board – Tony Marconi

Board of Health – Larry Mulligan

Board of Library Trustees – Leslie Ford

Citizen Advisory Board to the Middletown Division of Police – Tony Marconi

(Alternate Anita Scott Jones)

City Planning Commission – Tony Marconi (Alternate Anita Scott Jones)

Consolidate Plan Committee (5 yr. Block Grant) – Leslie Ford

Convention and Visitors Bureau – David Schiavone

Emergency Management Advisory Council – Larry Mulligan

Finance Audit Committee – Bill Becker

Golf Course Commission – Jim Armbruster

Keep Middletown Beautiful – Jim Armbruster

Master Plan Implementation Committee – Larry Mulligan, David Schiavone

Middletown Moving Forward – Larry Mulligan, Tony Marconi (Alternate David

Schiavone)

OKI Regional Council of Governments – Larry Mulligan (Alternate Tony Marconi)

Park Board – Jim Armbruster

SELF Board – Leslie Ford

Tax Incentive Review Committee – Bill Becker

Tree Commission – Jim Armbruster

TV Middletown – Anita Scott Jones

 

MOTION Mr. Marconi moved to approve the motion agenda item naming board, commission and council representatives. Ms. Scott Jones seconded and the motion carried. Ayes: Armbruster, Becker, Ford, Scott Jones, Marconi, Mulligan and Schiavone.

 

COUNCIL COMMENTS
Ms. Scott Jones announced a Life Skills event, acknowledged a letter from Mr.

A. Scott Jones Curliss and remarked on an upcoming trip to Washington, DC. She hopes to come back with some useful information and she is working toward her Doctorate.

 

D. Schiavone Mr. Schiavone thanked the Mayor and Vice-Mayor for their leadership in 2008. Hopefully council will map out the goals for 2009 and address a lot of issues. He

looks forward to this upcoming year with some positive things going on in

Middletown. There are also positive outlooks in Washington that hopefully the new

President will be successful and policies will help us all.

 

L. Ford Ms. Ford said before she was elected to council she used to read a lot of blogs and knows that a lot of people are worried and frustrated. She said Council is not

delusional to their challenges. When addressed with challenging situations, they

have to maintain a positive outlook. We are confident that we will address the

issues, and confident in the future of the City.

 

L. Mulligan Mr. Mulligan reported on the upcoming Charter Review. Council will be submitting names and searching for persons to voice concerns. The Charter sets the forms for government and this committee’s work is an important function. He invited

participation and suggestions. He reported the Economic Development Director

selection is important. He also said the City is very fortunate to have received the

financial reporting awards for all these years. He did hear about some good things

happening in the City. He mentioned Light Up was a great event. The Middletown

Community Foundation is a great asset. It takes a community wide effort to move

forward with some calls to action. He mentioned MLK weekend festivities upcoming,

with more information forthcoming and he invited participation. 

 

Ord. No. O2008-105
Ordinance No. O2008-105, an ordinance reenacting and amending the Downtown

Façade Renovation Façade Renovation Program as enacted in Ordinance No. O2002-120 and amended by Ordinances No. O2005-11 and O2008-24 was presented for second reading and action.

 

 Mr. Marconi moved for the adoption of O2008-105. Ms. Scott Jones seconded

and the motion carried. Ayes: Armbruster, Becker, Ford, Scott Jones, Marconi,

Mulligan and Schiavone.

 

Ord. No. O2008-106
Ordinance No. O2008-106, an ordinance authorizing a contract with the Board of

School Crossing Education of the Middletown City School District pertaining to School Crossing Guards Guards was presented for second reading and action.

 

 Mr. Marconi moved for the adoption of O2008-106. Ms. Scott Jones seconded

and the motion carried. Ayes: Armbruster, Becker, Ford, Scott Jones, Marconi,

Mulligan and Schiavone.

 

Ord. No. O2009-01

Ordinance No. O2009-01, an ordinance amending Section 288.01 (Airport

Amend Sec. 288.01 Commission, Establishment; Composition; Terms of Office) of the Codified Ordinances and declaring an emergency was presented.

 

 Mr. Marconi moved that the Charter provision requiring reading on two separate

days be suspended and the ordinance be declared an emergency measure and read

one time only. Ms. Scott Jones seconded and the motion carried. Ayes: Armbruster,

Becker, Ford, Scott Jones, Marconi, Mulligan and Schiavone.

 

 The ordinance was read one time only.

 

 Mr. Marconi moved for the adoption of Ordinance No. O2009-91 as an

emergency. Ms. Scott Jones seconded and the motion carried. Ayes: Armbruster,

Becker, Ford, Scott Jones, Marconi, Mulligan and Schiavone.

 

Fiscal Officers Fiscal Officers Certificate, in regards to the Industrial Development Revenue Certificate Note, Series 2009, Bender Tract Project.

 

 Mr. Marconi moved to receive and file the fiscal officer’s certificate. Ms. Scott

Jones seconded and the motion carried. Ayes: Armbruster, Becker, Ford, Scott

Jones, Marconi, Mulligan and Schiavone.

 

Ord. No. O2009-02

Ordinance No. O2009-02, an ordinance providing for the issuance and sale of a

$2,056,916 Note $2,056,916 Industrial Development Revenue Note for the purpose of acquiring certain property known as the Bender Tract, providing for the security for such note and declaring an emergency was presented.

 

 Mr. Marconi moved that the Charter provision requiring reading on two separatedays be suspended and the ordinance be declared an emergency measure and readone time only. Ms. Scott Jones seconded and the motion carried. Ayes: Armbruster,Becker, Ford, Scott Jones, Marconi, Mulligan and Schiavone.

 

 The ordinance was read one time only.

 

 Mr. Marconi moved for the adoption of Ordinance No. O2009-92 as anemergency. Ms. Scott Jones seconded and the motion carried. Ayes: Armbruster,Becker, Ford, Scott Jones, Marconi, Mulligan and Schiavone.

 

Res. No. R2009-01
Resolution No. R2009-01, a resolution to make adjustments to appropriations for

Adjustments Approp. current expenses and other expenditures of the City of Middletown, counties of Butler and Warren, State of Ohio, for the period ending December 31, 2009 and to declare an emergency (General Fund) was presented.

 

 Mr. Marconi moved that the Charter provision requiring reading on two separate

days be suspended and the resolution be declared an emergency measure and read

one time only. Ms. Scott Jones seconded and the motion carried. Ayes: Armbruster,

Becker, Ford, Scott Jones, Marconi, Mulligan and Schiavone.

 

 The resolution was read one time only.

 

 Mr. Marconi moved for the adoption of Resolution No. R2009-01 as an

emergency. Ms. Scott Jones seconded and the motion carried. Ayes: Armbruster,

Becker, Ford, Scott Jones, Marconi, Mulligan and Schiavone. 

 

Ord. No. O2009-03
Ordinance No. O2009-03, an ordinance authorizing the submission of an application

CDBG Application for federal assistance, a Consolidated Plan and a Projected Use of Funds, under Title I of the Housing and Community Development Act of 1974, as amended, for Program Year 2009 was presented for first reading.

 

 Ms. Smith explained this is the last year of the five-year consolidated plan. The

submission of the application will extend the current plan through 2009. Regarding

the comment that Ms. Glover made that she did not involve the Housing

Subcommittee, Ms. Smith said there is a thirty day public comment period and two

public hearings per year per fiscal year. She truly appreciates the subcommittee’s

work on some matters. There are issues that involve staff. That committee used to

meet once a month and there is no reflection on these volunteers, they are genuinely

appreciated, but staff had to get back to the business of the day without meeting

constantly. There are responsibilities of staff.

 

 Ms. Scott Jones stated this legislation is not for a vote this evening and she

asked if council would see the application, or is council giving the manager the

authority to sign off and if that application delineates where the funds go.

 

 Ms. Smith responded there is no action tonight; but until we receive the funds we

don’t know the total amount of monies we’ll receive. The plan will be on file at the

library by February 10.

 

 Mr. Mulligan asked if the plan, and or goals had changed much.

 

 Ms. Smith said no, they are not eliminating any service that has been provided in

the past. Mr. Self was meeting with the Housing Sub Committee and relying on

them for direction on things that sometimes belonged to staff. Not faulting anyone,

every leader is different.

 

 Ms. Scott Jones said Council needs to define that committee’s role as well as

others.

 

 Mr. Marconi asked who is going over the organizations that submit proposals for

these funds.

 

 Ms. Smith responded that especially in light of this continuation, they have met

with staff and gone over requests and are making recommendations. They will meet

with the Consolidated Planning Committee. This is not a requirement of HUD, but it

is something they want to do. The posting and 30 day public input period is

mandated by HUD.

 

 Mr. Marconi asked if the down payment assistance program and the rehab

program were in a holding pattern.

 

 Ms. Smith said no. Mr. Schiavone had contacted her and with the interest rates

as low as they are, they decided to continue with that program. It hasn’t been

touched and is the same as 2008.

 

 Mr. Marconi advised there is so much misinformation, mistruths, etc. This

program is very complicated and there are a lot of issues with foreclosures. His ward

has been affected and he wants his share of the money too.

 

 Ms. Smith wanted to make it very clear that she and staff are looking to help the

entire city. No section of the community will be slighted.

 

INTERVIEWS FOR SECTION 8 HOUSING CHOICE VOUCHER PROGRAM ADMINISTRATOR

 

 Mr. Chapman, the City’s consultant, outlined the process to this date. After these

interviews, the options are to discuss, deliberate and decide on the preferred vendor

and an alternate administrator for the plan, to authorize the City Manager to begin

negotiations with a preferred vendor and an alternative vendor. If Council needs

more time, he would suggest putting it on the next council agenda and pending the

decision, the current contract would have to be negotiated for an extension.

 

 The order of the interviews was pre-determined by drawing straws. Council

interviewed three prospective vendors for administration of the City’s Section 8

Housing Choice Voucher Program. The three companies were:

 

 CGI, 1001 Lakeside Avenue, Suite 800, Cleveland, Ohio 44114

 Mr. Panos Kyprianou, Director

 

 Mr. Kyprianou thanked council for the opportunity make a presentation. He

introduced Yolanda Curry and Kristen Howe. He also distributed paper copies of the

PowerPoint presentation. After the presentation, Council asked several questions.

 

Break At 8:25 p.m. Council took break with the meeting reconvening at 8:45 p.m.

 

CONSOC (the City’s current administrator)  Harrison Joseph, Sr., Director

 

 Mr. Joseph thanked council for the opportunity to appear and present their

position. After the presentation, Council asked several questions.

 

Break At 9:40 p.m. Council took a break with the meeting reconvening at 9:55 p.m.

 

NELSON AND ASSOCIATES, INC.

 Cincinnati, Ohio

 John Hurt, Project Director

 

 Mr. Hurt also thanked Council for the opportunity to make a presentation. He

introduced the Nelson team present including Elaine Menifee and Sharon Harper.

After the presentation, Council asked several questions.

 

Break At 10:37 the interviews concluded and Council took a break with the meeting

reconvening at 10:45 p.m.

 

 SUMMATIONS

 Each company was given five to ten minutes for closing statements.

 

 At 10:55 p.m. Mayor Mulligan asked if Council was ready to make a

recommendation, if they had questions for follow up. Does council want to wait or

move forward?

 

 Ms. Gilleland advised council they could take the next few days, up until the next

council meeting if they wanted to review this meeting on TV, or call her or Mr.

Chapman with any questions. Staff could put this on the next agenda.

 

 Mr. Marconi didn’t feel anybody would change their minds in two weeks. He said

they’d horsed around with this for a year and a half or longer and asked why prolong

it. He is not comfortable with choosing either of the two over the current

administrator.

 

 Mr. Mulligan asked about appointing an alternate for negotiations. It could keep

both companies openly negotiating.

 

 Ms. Scott Jones cautioned carefulness in what is said here. She personally

doesn’t want to insinuate effort is not going to be put forth. She doesn’t have a

problem with having a backup or alternative.

 

 Mr. Marconi said from a business standpoint you choose who you choose.

 

 Ms. Scott Jones thanked all three agencies for their time and spending six hours

with Council during these interviews. She stated she feels they did the right thing.

 

MOTION
Mr. Marconi moved to authorize the City Manager to negotiate a contract with

CONSOC for the City’s Housing Choice Voucher Program and Mr. Becker seconded.

 

DISCUSSION

Mr. Becker stated this has been an interesting six hour process. He said if the City was looking at a new program or having problems with the current program, he would lean more toward a change. The City has a company that has been here 19 years and to change horses when he doesn’t see anything flagrant that can’t be fixed, he doesn’t agree with. 

Mr. Schiavone agreed with Bill. He said to this date they had not received any phone calls with voucher holders complaining or landlords complaining. Transition is another issue. He hasn’t heard anything that has changed his mind about switching vendors. He appreciates all three companies coming in. Things seem to be running well with the current vendor.

 

 Mr. Armbruster said he has learned a lot this past year regarding Section 8 and

learned there is a true need in this community for housing assistance. He is walking

out tonight with a great learning experience and he feels comfortable talking or

explaining it to someone.

 

 Mr. Mulligan stated his appreciation to all three for making presentations. They

aren’t debating the merits of the program and appropriateness of the program. They

were interviewing an administrator for the program. Change is never easy. To some

degree and it’s a fact of life, the technology side maybe hasn’t been looked at in a

couple of years. He did see some good use of technology by other providers. The

City has been over 17 years with the current vendor and he wonders if it’s a good

time to change. He appreciates what CONSOC has done, he has reservations about

awarding the contract to just one, and having just one selection is a problem. There

may be challenges but also opportunities, leveraging technology today could free up

more of those administrative dollars like more for police. There are programs out

there that would free up more administration money and that’s important. CONSOC

is a good firm but they are the highest bidder in this program. Council needs to

consider that in this economic time. The City has seen revenues decline and the

program grow immensely.

 

 Ms. Scott Jones said she tries to look at all aspects, what is right and what is fair

and Council have talked about these agencies like they weren’t sitting here. She

doesn’t have a dog in this fight, and doesn’t care who gets the contract. The highest

bidder that has done this for 19 years maybe knows what it takes to run the program.

There is some obvious tension here and Council needs to be careful in our

deliberations.

 

MOTION CARRIED
The motion to negotiate a contract with CONSOC carried. Ayes: Armbruster,

Becker, Marconi, and Schiavone. Nays: Ford, Scott Jones and Mulligan.

 

MOTION Scott Jones moved to name Nelson and Associates as an alternative for

negotiations. Mr. Marconi seconded and the motion failed to pass. Ayes: Ford, Scott

Jones, Mulligan. Nays: Armbruster, Becker, Marconi and Schiavone.

 

ADJOURNMENT At 11:45 p.m. the meeting was adjourned.

 

 

 ______________________________

 Lawrence P. Mulligan, Jr., Mayor

 

 

 Attest: ________________________

 Clerk of Council

Vivian: Who is the #7 council member named Smith? A.J. Smith wasn't on council then Ginger Smith wasn't a council member then. I must have missed somebody. Thanks

Stanky wrote: Earl Smith?

Former police chief Earl Smith was on council as I remember. Ginger Smith was never a councilperson I don't believe.