3-barbaras emails exchange NURFC keyword (with redactions)

8/7/2019 3-barbaras emails exchange NURFC keyword (with redactions)

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3

Barbara Witt

From: Tony CapaciSent: Tuesday, April 27, 2010 1:17 PMTo: Dave WartelCc: Barbara Witt; National Underground Railroad Freedom Center ([email protected])Subject: RE: NURFC settlement agreement

Dave,

IdonotknowofanyspecificcommitmentwehavewithanyrepresentativeregardingNURFCbutIdoknow

JessicadidspeakwithRepresentativeYatesseveraltimes. Also,judgingfromthelasttimetheywerehere,the

Commissionmembersarequiteinterestedinbeingkeptuptodate. Idothinkthenewswarrantsablurbinthe

newsletterandprobablyacalltotherepresentatives. Although,therepresentativesandthoseintheCincinnati

communityareprobablywellaware. Finally,youshouldknowthatIbelieveNURFCmaynotfinanciallysurvive

anothertwoyearsuntiltheFederalizationisexecuted.(Ihaveaskedthemforacashflowbuthavenotyet

receivedit).Thebanktookahugeloss($20M?)whichisastrongindicationofthefuturetheyseeforNURFC.

So,yes, Idosuggestwecommunicatetothestakeholders.

Letmeknowifyouneedme.

Thanks

From: Dave Wartel

Sent: Tuesday, April 27, 2010 11:48 AMTo: Tony CapaciSubject: RE: NURFC settlement agreement

Tony

Isthereanycommunicationneeded? Doyouknowifwepromisedanyonethatwewouldkeeptheminformed?

Thanks,

Dave

From: Tony Capaci

Sent: Friday, April 16, 2010 1:50 PM

To: National Underground Railroad Freedom Center ([email protected]); Kathy Fox; Barbara Witt; JessicaFaganCc: National Underground Railroad Freedom Center ([email protected])Subject: NURFC settlement agreement

HiAll,

FYIwereceivedasignedcopyoftheNURFCsettlementagreementwhichisuploadedtoSharepoint.

Thanks,

From:[email protected][mailto:[email protected]]Sent: Friday, April 16, 2010 9:51 AMTo: Tony CapaciSubject: RE: NURFC 3rd QFY10 interest.pdf - Adobe Acrobat Professional/ proforma

Here is a signed copy of the agreement. Please call me if you have any questions.


2/95


3/95

10

Barbara Witt

From: Tony CapaciSent: Tuesday, April 20, 2010 11:29 AMTo: [email protected]: Barbara Witt; National Underground Railroad Freedom Center ([email protected])Subject: RE:cash flow of sustainability

Ben,

Mythumbnailreviewofthe2/10financialsindicates,oncetheinvestmentsanddebtareremoved,thebalancesheet

willnotsustainmanymoremonthsofoperatinglosses. Couldyoukindlyprovideamonthlyprojectedcashflowstarting

withMarch2010andgoingtotheanticipatedfederalizationdate.

Thanks,

Tony

From:[email protected][mailto:[email protected]]Sent: Tuesday, April 20, 2010 9:48 AMTo: Tony CapaciSubject: Re: proforma review

Here are the Monthly Financial Statements for January and February.

"Tony Capaci"

04/20/2010 09:28 AM

To

cc "Barbara Witt" ,

Subject proforma review

Ben,Ireviewedtheproformaandcanseehowthesettlementagreementwillpositivelyimpacttheincomestatementhowever,asyou

knowtheprojectedsurplusesintheproformaoccuronlywhen$2MofFederalizationrevenuetakesplace. Therefore,Idonotsee

doingmuchuntiltheFederalizationhappens (whichisconsistentwiththeMOU). Idohowever,needaindicationfromyouasto

howthelossespriortotheFederalizationwillbefunded. Also,pleasekeepusintheloopwiththemonthlyfinancialsandfinally,


4/95

11

whenthetimecomestomeetthetermsintheMOUwewillneedactualnumberstocomparetotheproforma(justaheadsup).

Letmeknowifyouhaveanyquestions.Thanks,TonyCapaci

ProjectManager

OhioCulturalFacilitiesCommission

Weve moved!Effective March 22, 2010, the Ohio Cultural Facilities Commission relocated to new offices. Our new address is 100 East Broad Street,Suite 300, Columbus, OH 43215-3661. Our phone and fax numbers remain the same.100E.BroadStreet,Suite300

Columbus,OH 432153416

Telephone:6147286924

Fax:6147522775

email: [email protected]

website:www.culture.ohio.govTheOhioCulturalFacilitiesCommission,formerlytheOhioArts&SportsFacilitiesCommission,overseescapitalimprovementfundsappropriatedbytheOhioGeneral

AssemblyandGovernorforcommunityculturalfacilityprojectsincludingnonprofit theaters,museums,historicalsitesandpubliclyownedprofessionalsportsvenues.You

areinvitedtovisitwww.culture.ohio.govorcall(614)7522770formoreinformationontheCommissionortolearnhowwecanassistyourculturalfacilityproject.


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12

Barbara Witt

From: Tony CapaciSent: Tuesday, April 20, 2010 9:25 AMTo: [email protected]: Barbara Witt; National Underground Railroad Freedom Center ([email protected])Subject: proforma review

Ben,

Ireviewedtheproformaandcanseehowthesettlementagreementwillpositivelyimpacttheincomestatement

however,asyouknowtheprojectedsurplusesintheproformaoccuronlywhen$2MofFederalizationrevenuetakes

place. Therefore,IdonotseedoingmuchuntiltheFederalizationhappens (whichisconsistentwiththeMOU). Ido

however,needaindicationfromyouastohowthelossespriortotheFederalizationwillbefunded. Also,pleasekeep

usintheloopwiththemonthlyfinancialsandfinally,whenthetimecomestomeetthetermsintheMOUwewillneed

actualnumberstocomparetotheproforma(justaheadsup).

Letmeknowifyouhaveanyquestions.

Thanks,

TonyCapaci

ProjectManager


Weve moved!Effective March 22, 2010, the Ohio Cultural Facilities Commission relocated to new offices. Our new address is 100 East BroadStreet, Suite 300, Columbus, OH 43215-3661. Our phone and fax numbers remain the same.

100E.BroadStreet,Suite300



Fax:6147522775


website:www.culture.ohio.gov

TheOhioCulturalFacilitiesCommission,formerlytheOhioArts&SportsFacilitiesCommission,overseescapitalimprovementfundsappropriatedbytheOhio

GeneralAssemblyandGovernorforcommunityculturalfacilityprojectsincludingnonprofit theaters,museums,historicalsitesandpubliclyownedprofessional

sportsvenues.Youareinvitedtovisitwww.culture.ohio.govorcall(614)7522770formoreinformationontheCommissionortolearnhowwecanassistyour

culturalfacilityproject.


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13

Barbara Witt

From: Tony CapaciSent: Tuesday, April 20, 2010 9:10 AMTo: Barbara Witt; National Underground Railroad Freedom Center ([email protected])Subject: FW: is NURFC ready for August meeting?

Barbara,

IreviewedtheNURFCrevisedproformaandcomparedittotheactuallastyear. Itishardtomakecomparisonsandto

dosomeaningfullyIwouldneedthesponsortoprepareanactualvsbudgetscheduleforus. However,itisreallyamute

pointsince,althoughtheproformadoesshowsmalloperatingsurplusesstartingin2011the$200Ksurplusesarereliant

on$2MayearinFederalizationoperatingrevenues. (Theyhadoriginallytoldusthisnumberwouldbe$4Mayear) In

otherwordswithouttheFederalizationrevenuetheyareoperatinga($1.8M)losspredepreciation. Therefore,Idonot

seethemcomingforwarduntilthefederalizationisexecuted.

Thanks,

Tony

From: Tony CapaciSent: Monday, April 19, 2010 12:39 PM

To: National Underground Railroad Freedom Center ([email protected]); Barbara WittSubject: is NURFC ready for August meeting?

Barbara,

NowthatNURFChasthesignedsettlementagreement(whichwipesouttheirinvestmentsanddebt)aswellastheir

proforma(whichprojectsapredepreciationlossthisyearbutpredepreciationsurplusesinthefuture)aretheyreadyto

comeforwardwiththeFederalization?

Letmeknow.

Thanks,

TonyCapaci

ProjectManager






Fax:6147522775





sportsvenues.Youareinvitedtovisitwww.culture.ohio.govorcall(614)7522770formoreinformationontheCommissionortolearnhowwecanassistyourculturalfacilityproject.


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14

Barbara Witt

From: Tony CapaciSent: Monday, April 19, 2010 12:39 PMTo: National Underground Railroad Freedom Center ([email protected]); Barbara WittSubject: is NURFC ready for August meeting?

Barbara,

NowthatNURFChasthesignedsettlementagreement(whichwipesouttheirinvestmentsanddebt)aswellastheir

proforma(whichprojectsapredepreciationlossthisyearbutpredepreciationsurplusesinthefuture)aretheyreadyto

comeforwardwiththeFederalization?

Letmeknow.

Thanks,

TonyCapaci

ProjectManager






Fax:6147522775






cultural

facility

project.


8/95

15

Barbara Witt

From: Tony CapaciSent: Monday, April 19, 2010 12:34 PMTo: Myra La Cava; Barbara WittCc: National Underground Railroad Freedom Center ([email protected])Subject: RE: NURFC new appropriation

HiMyra,

Actually,Iwillsayno. wesoughttheCBsoastoprotecttheirreappropriationhowever,sincetheirprojectisnot

approved(theyjusthaveanMOU)Idonotthinkweshouldencumberthefunds.

BW,

Doyouconcur?

Thanks,

From: Myra La Cava

Sent: Monday, April 19, 2010 12:07 PM

To: Tony CapaciSubject: NURFC new appropriation

HiTony,

NURFCs$850,000CBwasapprovedon4/8. Inthepast,Iwouldgoaheadandencumberthefundsassoonasaproject

isapproved. Now,IneedforthePMtogivetheOKbeforeIencumber. IsitOKtoencumberNURFC?

Thanks.

Myra LaCavaFiscal & Personnel Officer

Ohio Cultural Facilities Commission100 E. Broad Street, Suite 300Columbus, OH 43215-3661


Telephone: 614-728-8929Fax: 614-752-2775e-mail: [email protected]: www.culture.ohio.gov

Building Culture in Ohio's Communities:The Ohio Cultural Facilities Commission, formerly the Ohio Arts & Sports Facilities Commission, overseescapital improvement funds appropriated by the Ohio General Assembly and Governor for community cultural facility projects including non-profittheaters, museums, historical sites and publicly owned professional sports venues. You are invited to visit www.culture.ohio.gov or call (614) 752-2770

for more information on the Commission or to learn how we can assist your cultural facility project.


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16

Barbara Witt

From: Tony CapaciSent: Friday, April 16, 2010 1:50 PMTo: National Underground Railroad Freedom Center ([email protected]); Kathy Fox;

Barbara Witt; Jessica FaganCc: National Underground Railroad Freedom Center ([email protected])Subject: NURFC settlement agreementAttachments: 5thfloorexec.pdf

HiAll,

FYIwereceivedasignedcopyoftheNURFCsettlementagreementwhichisuploadedtoSharepoint.

Thanks,

From:[email protected][mailto:[email protected]]Sent: Friday, April 16, 2010 9:51 AMTo: Tony CapaciSubject: RE: NURFC 3rd QFY10 interest.pdf - Adobe Acrobat Professional/ proforma

Here is a signed copy of the agreement. Please call me if you have any questions.

Thank you,


10/95

17

Barbara Witt

From: Tony CapaciSent: Tuesday, April 13, 2010 1:38 PMTo: Barbara Witt; Kathy FoxCc: Jessica Fagan; National Underground Railroad Freedom Center ([email protected])Subject: NURFC agreement

Kathy,Barbara,

FYItheNURFCagreementwiththebankhasbeensignedandIhaverequestedacopyforourrecords. Ihavereceiveda

proformafromBenReeceandwillreviewthesamethisweek.


Thanks,

Tony

Jessica,

WhenyougetachancecomebyandIwillinformyouaboutaNURFCagreementwiththeirbankwhichIbelieveyou

maywanttouseasanitemforthenewsletter.

Thanks,

Tony

TonyCapaci

ProjectManager






Fax:6147522775








11/95

18

Barbara Witt

From: Tony CapaciSent: Wednesday, March 31, 2010 12:54 PMTo: Barbara Witt; Kathy FoxCc: National Underground Railroad Freedom Center ([email protected])Subject: FW: agreement

Kathy,Barbara,

AccordingtoBenatNURFCtheBankagreementdoesnotrequireanyactionfromtheCommission


Thanks,

From:[email protected][mailto:[email protected]]Sent: Wednesday, March 31, 2010 8:33 AMTo: Tony CapaciSubject: Re: agreement

Correct

"Tony Capaci"

03/30/2010 04:31 PM

To


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20

Barbara Witt

From: [email protected]: Tuesday, March 30, 2010 3:59 PMTo: Tony CapaciCc: [email protected]; Barbara Witt; Kathy FoxSubject: Re: FW: five year operating proforma

TonyI will make sure we get this to you right away.

Don Murphy, CEOThe Freedom Center50 East Freedom WayCincinnati, OH 45202513 333-7530Cell: 513 407-2934Fax: 513 333-7712

"Tony Capaci"

03/30/10 12:48 PM

To

cc "Barbara Witt" , "Kathy Fox" ,

Subject FW: five year operating proforma

Ben,KindlygivemeanideaofwhenIcanexpecttoreceivetheoperatingproforma. (WehaveitasanopenitemandIwouldliketostay

currentonthestatus)Thanks,Tony

From: Tony Capaci

Sent: Monday, March 15, 2010 2:04 PMTo: '[email protected]'Cc: Barbara Witt; '[email protected]'Subject: five year operating proforma

Ben,IspokewithDonregardingobtainingafiveyearoperatingproformawithoutinterestexpenseorbankfees. Whenpreparingthe

proformakindlyshowoperatingbeforeandafterdepreciation. Also,kindlydetailtheassumptionsbehindfundraisingprojections.Thanks,

Tony

TonyCapaci

ProjectManager



Were moving!Effective March 22, 2010, the Ohio Cultural Facilities Commission will relocate its offices. Our new address is 100 East Broad Street,Suite 300, Columbus, OH 43215-3661. Our phone and fax numbers will remain the same.100E.BroadStreet,Suite300




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Fax:6147522775






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22

Barbara Witt

From: Tony CapaciSent: Tuesday, March 30, 2010 12:42 PMTo: [email protected]: Barbara Witt; Kathy Fox; [email protected]: FW: five year operating proforma

Ben,

KindlygivemeanideaofwhenIcanexpecttoreceivetheoperatingproforma. (WehaveitasanopenitemandIwould

liketostaycurrentonthestatus)

Thanks,

Tony

From: Tony CapaciSent: Monday, March 15, 2010 2:04 PMTo: '[email protected]'Cc: Barbara Witt; '[email protected]'Subject: five year operating proforma

Ben,

IspokewithDonregardingobtainingafiveyearoperatingproformawithoutinterestexpenseorbankfees. When

preparingtheproformakindlyshowoperatingbeforeandafterdepreciation. Also,kindlydetailtheassumptionsbehind

fundraisingprojections.

Thanks,

Tony

TonyCapaci

ProjectManager



Were moving!Effective March 22, 2010, the Ohio Cultural Facilities Commission will relocate its offices. Our new address is 100 East BroadStreet, Suite 300, Columbus, OH 43215-3661. Our phone and fax numbers will remain the same.




Fax:6147522775








16/95

23

Barbara Witt

From: Barbara WittSent: Tuesday, March 16, 2010 5:17 PMTo: Tony CapaciCc: Amy RiceSubject: RE: NURFC (Don Murphy call)

Donotschedulethismeetingwithoutdiscussingthedatewithmefirst. Wearenotcommittingtoanythingthat

interfereswiththescheduledworkforMayorotherscheduledtasks.

BarbaraWitt,PMP

AssistantDirectorforProjectServices






Fax:6147522775







From: Tony Capaci

Sent: Monday, March 15, 2010 1:57 PM

To: Barbara Witt; Kathy FoxCc: National Underground Railroad Freedom Center ([email protected])Subject: NURFC (Don Murphy call)

Kathy,Barbara,

IspokewithDonMurphytodayanddiscussedissuesoffullfunding,operatingprojections,federalizationanddebtand

investmentreduction. ItoldhimIwillrequestfromBenReeceafiveyear operatingproformaandoncereviewedIwill

scheduleameetingbetweenOCFCstafftodiscuss. Iwillgetbacktohimafterthatmeeting.

Thanks,

Tony

TonyCapaci

ProjectManager







17/95

24


Fax:6147522775








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25

Barbara Witt

From: Tony CapaciSent: Monday, March 15, 2010 2:04 PMTo: [email protected]: Barbara Witt; [email protected]: five year operating proforma

Ben,

IspokewithDonregardingobtainingafiveyearoperatingproformawithoutinterestexpenseorbankfees. When

preparingtheproformakindlyshowoperatingbeforeandafterdepreciation. Also,kindlydetailtheassumptionsbehind

fundraisingprojections.

Thanks,

Tony

TonyCapaci

ProjectManager







Fax:6147522775




General

Assembly

and

Governor

for

community

cultural

facility

projects

including

non

profit

theaters,

museums,

historical

sites

and

publicly

owned

professional




19/95

26

Barbara Witt

From: Tony CapaciSent: Monday, March 15, 2010 1:57 PMTo: Barbara Witt; Kathy FoxCc: National Underground Railroad Freedom Center ([email protected])Subject: NURFC (Don Murphy call)

Kathy,Barbara,

IspokewithDonMurphytodayanddiscussedissuesoffullfunding,operatingprojections,federalizationanddebtand

investmentreduction. ItoldhimIwillrequestfromBenReeceafiveyear operatingproformaandoncereviewedIwill

scheduleameetingbetweenOCFCstafftodiscuss. Iwillgetbacktohimafterthatmeeting.

Thanks,

Tony

TonyCapaci

ProjectManager







Fax:6147522775




General

Assembly

and

Governor

for

community

cultural

facility

projects

including

non

profit

theaters,

museums,

historical

sites

and

publicly

owned

professional




20/95

27

Barbara Witt

From: Tony CapaciSent: Tuesday, March 09, 2010 2:12 PMTo: Barbara WittSubject: RE: Have you heard anything new from NURFCI...

No

word

do

you

want

me

to

reach

out

to

them?

_____________________________________________From: Barbara Witt

Sent: Tuesday, March 09, 2010 10:20 AMTo: Tony CapaciSubject: Have you heard anything new from NURFCI...

Theywereworkingwiththebank

Thanks,

bw

BarbaraWitt,PMP






Fax:6147522775



TheOhioCulturalFacilitiesCommission,formerlytheOhioArts&SportsFacilitiesCommission,overseescapitalimprovementfundsappropriatedbytheOhioGeneralAssemblyandGovernorforcommunityculturalfacilityprojectsincludingnonprofit theaters,museums,historicalsitesandpubliclyownedprofessional




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Barbara Witt

From: Barbara WittSent: Tuesday, March 09, 2010 10:20 AMTo: Tony CapaciSubject: Have you heard anything new from NURFCI...

They

were

working

with

the

bank

Thanks,

bw

BarbaraWitt,PMP






Fax:6147522775








22/95

39

Barbara Witt

From: Barbara WittSent: Tuesday, February 23, 2010 2:02 PMTo: Tony CapaciSubject: RE: Freedom Center Full Funding

Im

not

going

to

get

involved

at

this

point.

It

appears

KF

has

this

under

control

and

those

details

she

can

take

care

of.

BW

BarbaraWitt






Fax:6147522775



The

Ohio

Cultural

Facilities

Commission,

formerly

the

Ohio

Arts

&

Sports

Facilities

Commission,

oversees

capital

improvement

funds

appropriated

by

the

Ohio




From: Tony Capaci

Sent: Tuesday, February 23, 2010 10:19 AMTo: Barbara WittCc: National Underground Railroad Freedom Center ([email protected])

Subject: FW: Freedom Center Full Funding

Barbara,

DoyouwanttoletDonMurphyknowtheavoidanceofreappropriationisnotadonedealuntilthecontrollingboardis

approved. IbelievefromreadinghisemailbelowhethinkstheMOUonitsownprotectstheappropriation.

Letmeknow.

Thanks,

Tony

From: Kathy Fox

Sent: Sunday, February 21, 2010 3:21 PM

To: Tony Capaci

Cc: Barbara Witt


Tony,

DonMurphycontactedmeonSundayregardingtheFreedomCentersnegotiationswiththebankconsortiumthatholds

theirletterofcredit. HeishopefulthattheywillreachanagreementthatwillallowtheFreedomCentertogoforward

withthedebtsettledandthebanklienreleased. Heexpectsthistoberesolvedinthenextweek(apparentlythesame

timeframeastheexpirationoftheircurrentletterofcredit.) InexchangetheFreedomCenterwouldbepayingforsome

portionofthedebtoutoftheirfunds. Heisnotabletobemorespecific onanyparticularsatthispoint.

TheFreedomCentershopeisthatthestates$850Kwillbecomeavailabletothemalongwiththefundsweholdin

escrow. IremindedhimthattheCommissionsrecentresolutionrequiresFederalization(theywillstillpursuethis)prior


23/95

40

toreleaseoffunds. Itoldhimthatwewouldhavetohavemoreinformationtounderstandthe financialimplications

andtheCommissionwouldhavetotakefurtheractionpriortoreleaseofthe$850K,andthatreleaseoftheescrowed

fundshasnotbecontemplatedatthispointandwouldalsorequirefurtherevaluationandCommissionaction. Youwill

likelybereceivingadditionalinformationthiscomingweek. Nocommitmentshavebeenmadeotherthanthatwewill

reviewthefinancialimplicationsofthearrangementstheymakewiththebankconsortiumandtheresultingchangesto

theirfinancialsituation. IlethimknowthatthestaffisinthemiddleofassessingprojectsfortheMayCommission

agendaatthistime.

Ifyouhavequestionsletmeknow.

Thanks,

Kathy

From: Donald Murphy [mailto:[email protected]]Sent: Sunday, February 21, 2010 8:28 AMTo: Kathy FoxCc: Ken Robinson; [email protected]; Barbara Lynch; [email protected]: Freedom Center Full Funding

Hello KathyFirst let me thank you and your staff for facilitating MOU that allows the $850K toremain available until such time as we fulfill the terms of the MOU, without having to re-appropriate the funds.

As you may be aware we have been working with our bankers to reach agreement oneliminating our bonded indebtedness entirely. There is currently a proposal from thebanks that would allow us to do that. We believe it gets us to close to sustainability. Iwould like to talk with you about the details of the proposal and determine if there is away you can help us to reach agreement with the banks and at the same time fulfill the

terms of the MOU. I believe we can get there.

I am available to talk early Monday 7 AM to 8 AM or anytime after 11 AM. I am alsoavailable today, Sunday, from 9AM to 1130AM. I can also make myself available earlyTuesday morning 7AM to 9AM. The call should not take that long. We have a very shortdeadline to get back to the banks or their offer becomes void.

Again thank you for your willingness to work with us and all of the support you havegiven us over these years.

Don Murphy


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41

Barbara Witt

From: Tony CapaciSent: Tuesday, February 23, 2010 10:19 AMTo: Barbara WittCc: National Underground Railroad Freedom Center ([email protected])Subject: FW: Freedom Center Full Funding

Barbara,

DoyouwanttoletDonMurphyknowtheavoidanceofreappropriationisnotadonedealuntilthecontrollingboardis

approved. IbelievefromreadinghisemailbelowhethinkstheMOUonitsownprotectstheappropriation.

Letmeknow.

Thanks,

Tony

From: Kathy FoxSent: Sunday, February 21, 2010 3:21 PMTo: Tony CapaciCc: Barbara Witt


Tony,














agendaatthistime.


Thanks,

Kathy

From: Donald Murphy [mailto:[email protected]]Sent: Sunday, February 21, 2010 8:28 AMTo: Kathy FoxCc: Ken Robinson; [email protected]; Barbara Lynch; [email protected]: Freedom Center Full Funding

Hello Kathy


25/95

42

First let me thank you and your staff for facilitating MOU that allows the $850K toremain available until such time as we fulfill the terms of the MOU, without having to re-appropriate the funds.

As you may be aware we have been working with our bankers to reach agreement oneliminating our bonded indebtedness entirely. There is currently a proposal from thebanks that would allow us to do that. We believe it gets us to close to sustainability. Iwould like to talk with you about the details of the proposal and determine if there is away you can help us to reach agreement with the banks and at the same time fulfill theterms of the MOU. I believe we can get there.

I am available to talk early Monday 7 AM to 8 AM or anytime after 11 AM. I am alsoavailable today, Sunday, from 9AM to 1130AM. I can also make myself available earlyTuesday morning 7AM to 9AM. The call should not take that long. We have a very shortdeadline to get back to the banks or their offer becomes void.


Don Murphy


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43

Barbara Witt

From: Kathy FoxSent: Sunday, February 21, 2010 3:21 PMTo: Tony CapaciCc: Barbara WittSubject: FW: Freedom Center Full Funding

Tony,














agendaatthistime.


Thanks,

Kathy

From: Donald Murphy [mailto:[email protected]]Sent: Sunday, February 21, 2010 8:28 AM

To: Kathy FoxCc: Ken Robinson; [email protected]; Barbara Lynch; [email protected]: Freedom Center Full Funding

Hello KathyFirst let me thank you and your staff for facilitating MOU that allows the $850K toremain available until such time as we fulfill the terms of the MOU, without having to re-appropriate the funds.

As you may be aware we have been working with our bankers to reach agreement oneliminating our bonded indebtedness entirely. There is currently a proposal from thebanks that would allow us to do that. We believe it gets us to close to sustainability. Iwould like to talk with you about the details of the proposal and determine if there is away you can help us to reach agreement with the banks and at the same time fulfill theterms of the MOU. I believe we can get there.

I am available to talk early Monday 7 AM to 8 AM or anytime after 11 AM. I am alsoavailable today, Sunday, from 9AM to 1130AM. I can also make myself available early


27/95

44

Tuesday morning 7AM to 9AM. The call should not take that long. We have a very shortdeadline to get back to the banks or their offer becomes void.


Don Murphy


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45

Barbara Witt

From: Dave WartelSent: Friday, February 19, 2010 12:08 PMTo: Barbara Witt; Tony Capaci; Jillian D. BurnerCc: Kathy FoxSubject: New Project Note Posted - National Underground Railroad Freedom Center

http://192.168.100.14:81/OCFCintranet/ProjectNotes.aspx?ProjectId=594

http://192.168.100.14:81/OCFCintranet/NoteContent.aspx?NoteId=2695

NURFCReleaseandEncumbranceCommissionResolutionR1004conditionallyapprovedthereleaseof$850,000andconditionallyapproved

theexecutionoflegaldocumentswiththeNationalUndergroundRailroadFreedomCenterInc.(NURFC).

TheControllingBoardreleaseandencumbranceoffundswillneedtobeinthenameofNURFC. If,priorto

disbursementofthesefunds,anotherentitytakesownershipofthefacilityornegotiateswithNURFCtobethe

recipientofthestatefunds(subjecttoCommissionapproval),theagreement(s)willneedtocontainlanguage

thatdirectsNURFCtopaytheamounttothethirdpartyafterthestatemakespaymenttoNURFC. Thisis

because

once

the

funds

are

encumbered

to

NURFC

and

we

cross

a

fiscal

biennium,

we

cannot

change

the

payeewithoutlegislativeactiontoreestablishtheappropriation.


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Barbara Witt

From: Tony CapaciSent: Thursday, February 18, 2010 9:25 AMTo: Barbara WittCc: Jillian D. BurnerSubject: controlling board for NURFC

BW,

EventhoughNURFCisanMOUwearestilldoingcontrollingboardamIcorrect?

PleaseletmeknowASAP

Thanks

Tony Capaci

Project Manager

Ohio Cultural Facilities Commission

20 E. Broad Street, Suite 200

Columbus, OH 43215-3416

Telephone: 614-728-6924

Fax: 614-752-2775e-mail: [email protected]

website: www.culture.ohio.gov

The Ohio Cultural Facilities Commission, formerly the Ohio Arts & Sports Facilities Commission, oversees capital improvement funds appropriated by the Ohio

General Assembly and Governor for community cultural facility projects including non-profit theaters, museums, historical sites and publicly owned professionalsports venues. You are invited to visit www.culture.ohio.govor call (614) 752-2770 for more information on the Commission or to learn how we can assist yourcultural facility project.


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61

Barbara Witt

From: Barbara WittSent: Friday, January 08, 2010 9:19 PMTo: Kathy FoxSubject: RE: nurfc resolution

Kathy,

Iaddedthistoboththeresolutionandpasrconditionsofapproval.IproofedtheresolutiontonightbutIvelookedatit

toomuch.Itshouldbereadyforreview.

BW

BarbaraWitt






Fax:6147522775







From: Kathy FoxSent: Friday, January 08, 2010 5:52 PMTo: Barbara WittSubject: nurfc resolution

B

Idontrememberifthelistofconditionsyouwereworkingwithincludedtherequirementthatnurfcreturntothe

commissionwithastatusreportafterthefederallegislationisenacted,atwhichtimethecommissioncouldrescindits

approvalifthearrangementsarenotsatisfactory.

Illlookfortheupdateddocsthisweekend.

Thanks,

K

Kathleen M. Fox, FASLAExecutive Director


Vox: 614.752.2770Fax: 614-752-2775e-mail: [email protected]

[email protected]

visit our website: www.culture.ohio.gov

Building Culture in Ohio's Communities: The Ohio Cultural Facilities Commission, formerly the Ohio Arts & Sports Facilities Commission, overseescapital improvement funds appropriated by the Ohio General Assembly and Governor for community cultural facility projects including non-profit


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62

theaters, museums, historical sites and publicly owned professional sports venues. You are invited to visit www.culture.ohio.gov or call (614) 752-2770for more information on the Commission or to learn how we can assist your cultural facility project.


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73

Barbara Witt

From: Kathy FoxSent: Friday, January 08, 2010 8:36 AMTo: Barbara WittSubject: Re: NURFC resolution

We are meeting at 9

K

On Jan 8, 2010, at 6:48 AM, "Barbara Witt" wrote:

Tony,

PleasesetupatimetoworkwithKathytocompletetheNURFCresolution.

Whenweoriginallystartedassessmentofthisproject,weapproacheditasaprojectapproval.

In

anticipation,

LeeAnne

used

a

project

approval

resolution

and

then

Kathy

made

modifications

tothisresolution.

IthaschangedtoanMOU.Thecurrentresolutiondoesnotreflectthis.

AtthispointIamnotsureifitiseasiertomodifytheexistingresolutionorstartwiththeMOU

templateandaddthedatafromtheoriginalresolution.Pleasecomebyandwelldiscuss.

Kathy,

Letmeknowifyouhavetimetocompletethis.Ifnot,Iwillmakeotherarrangements.

Thanks,

BW

BarbaraWitt



20E.BroadStreet,Suite200Columbus,OH 432153416


Fax:6147522775

e

mail:

[email protected]:www.culture.ohio.gov

TheOhioCulturalFacilitiesCommission,formerlytheOhioArts&SportsFacilitiesCommission,overseescapitalimprovementfundsappropriatedby

theOhioGeneralAssemblyandGovernorforcommunityculturalfacilityprojectsincludingnonprofit theaters,museums,historicalsitesandpublicly

ownedprofessionalsportsvenues.Youareinvitedtovisitwww.culture.ohio.govorcall(614)7522770formoreinformationontheCommission ortolearnhowwecanassistyourculturalfacilityproject.


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Barbara Witt

From: Barbara WittSent: Friday, January 08, 2010 6:48 AMTo: Tony CapaciCc: Kathy FoxSubject: NURFC resolution

Tony,

PleasesetupatimetoworkwithKathytocompletetheNURFCresolution.

Whenweoriginallystartedassessmentofthisproject,weapproacheditasaprojectapproval.Inanticipation,LeeAnne

usedaprojectapprovalresolutionandthenKathymademodificationstothisresolution.

IthaschangedtoanMOU.Thecurrentresolutiondoesnotreflectthis.

AtthispointIamnotsureifitiseasiertomodifytheexistingresolutionorstartwiththeMOUtemplateandaddthe

datafromtheoriginalresolution.Pleasecomebyandwelldiscuss.

Kathy,

Letmeknowifyouhavetimetocompletethis.Ifnot,Iwillmakeotherarrangements.

Thanks,

BW

BarbaraWitt






Fax:6147522775

e

mail:

[email protected]







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75

Barbara Witt

From: Kathy FoxSent: Thursday, January 07, 2010 8:34 PMTo: Barbara Witt; Amy Rice; Tony CapaciSubject: PASRs

I

have

reviewed

all

four

PASRs

and

commented.

IamconfusedaboutthestatusofCozadBates. IthoughtthePASRwasbeingupdatedwithinfofromthenewfinancials,

butIdidnotseethatinthePASR. Therefore,Ididnotreviewtheotherinfoaffiliatedwiththatproject. Pleaseadvise.

IamconfusedaboutthestatusofNURFC. Itisnotatallclearfromthedocumentswhatisbeingproposed. Letsdiscuss

Thanks,

Kathy

Kathleen M. Fox, FASLA

Executive DirectorOhio Cultural Facilities Commission20 E. Broad Street, Suite 200Columbus, OH 43215-3416


[email protected]


Building Culture in Ohio's Communities: The Ohio Cultural Facilities Commission, formerly the Ohio Arts & Sports Facilities Commission, overseescapital improvement funds appropriated by the Ohio General Assembly and Governor for community cultural facility projects including non-profittheaters, museums, historical sites and publicly owned professional sports venues. You are invited to visit www.culture.ohio.gov or call (614) 752-2770for more information on the Commission or to learn how we can assist your cultural facility project.


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Barbara Witt

From: [email protected]: Monday, December 07, 2009 8:55 AMTo: Kathy FoxCc: [email protected]; [email protected]; Barbara Witt; Donald Murphy; Benjamin or

Krista Reece; Ken Robinson; Tony CapaciSubject: RE: legislation

KathyAnytime 4PM or after this week except for Thursday and next week except for Monday.

Don Murphy, CEOThe Freedom Center50 East Freedom WayCincinnati, OH 45202513 333-7530Cell: 513 407-2934Fax: 513 333-7712

"Kathy Fox"

12/06/09 10:59 AM

To "Donald Murphy" , "Tony Capaci",

cc "Barbara Witt" , ,, "Benjamin or Krista Reece" , "KenRobinson"

Subject RE: legislation

ThanksDon. Weshoulddiscussthetimingforrequestingactiononthestateappropriation. Pleaseletmeknowwhenitwouldbe

convenientforyoutospeakbytelephoneinthe10days.

Thanks,

Kathy

Kathleen M. Fox, FASLAExecutive DirectorOhio Cultural Facilities Commission20 E. Broad Street, Suite 200Columbus, OH 43215-3416


[email protected]


Building Culture in Ohio's Communities: The Ohio Cultural Facilities Commission, formerly the Ohio Arts & Sports Facilities Commission, oversees capitalimprovement funds appropriated by the Ohio General Assembly and Governor for community cultural facility projects including non-profit theaters, museums,historical sites and publicly owned professional sports venues. You are invited to visit www.culture.ohio.gov or call (614) 752-2770 for more information on theCommission or to learn how we can assist your cultural facility project.

From: Donald Murphy [mailto:[email protected]]Sent: Saturday, December 05, 2009 8:28 AMTo: Kathy Fox; Tony Capaci; [email protected]: Barbara Witt; [email protected]; [email protected]; Benjamin or Krista Reece; Ken Robinson


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Subject: Re: legislation

KathyHere is the draft we are working with. There is a separate section that has been added on appropriationsthat would provide $5 million for the operations of the Freedom Center in each of the next five years. Iam not in my office and I don't have access to that section. But this is the current draft that Mr. Conyers'office is proposing to introduce.

From: Kathy Fox To: Donald Murphy ; Tony Capaci ; [email protected]: Barbara Witt ; [email protected]; [email protected]; Benjamin or Krista Reece; Ken Robinson Sent: Fri, December 4, 2009 4:10:40 PMSubject: RE: legislationDon,Thanksforyourresponse. Itwouldbehelpfultousinoureffortstoassistyouifyoucouldsharethedraftlegislation. Otherwise,

oureffortstoreviewandunderstandthepotentialnewarrangementswillbedelayedandourabilitytoprovideassistancewillbe

limited. Pleaseletmeknowyourdecisionaboutsharingthedraftlegislationsowecanplanwhenandatwhatleveltoassignour

staff

efforts

toward

your

project.

Thanks,

Kathy



[email protected]



From: Donald Murphy [mailto:[email protected]]Sent: Friday, December 04, 2009 9:19 AMTo: Kathy Fox; Tony Capaci; [email protected]: Barbara Witt; [email protected]; [email protected]; Benjamin or Krista Reece; Ken RobinsonSubject: Re: legislation

Kathy

I understand you are requesting a copy of the federalization legislation. The legislation still remains indraft, though it is out of legislative counsel now. It is being amended as a result of some jurisdictionalissues that have now been resolved. However, this will cause a significant delay in the introduction of thelegislation, which may not happen until well into the next session of congress. I won't bore you with thedetails, but this is typical of the legislative process. We had hoped to have the legislation introducedbefore congress left for recess and at one time we were told we could get it passed before the end of theyear. Of course this is very disappointing for us in terms of the timing, but we are at the mercy of thecongress and their schedule as well as addressing some concerns raised by the natural resourcescommittee, which has jurisdiction.

Ben continues to work with Tony to provide the information that he requests, however I don't think we


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can count on federalization happening before the February commission meeting. Please let me know ifyou would like to discuss this in more detail. I am available throughout this month.

Don Murphy

From: Kathy Fox

To: Donald Murphy ; Tony Capaci ; [email protected]: Barbara Witt ; [email protected]; [email protected]; Benjamin or Krista ReeceSent: Sun, November 29, 2009 3:12:33 PMSubject: RE: legislationDon,Thankyoufortheheadsuponthesituation. IlookforwardtohearingmoreafteryourmeetingsinD..C.

IwillconferwithourstaffaboutthetimingofyourrequestforCulturalFacilitiesCommissionaction;however,pleasekeepinmind

thattheamountoftimethathaslapsedsincewewerepromisedinformationfromtheFreedomCentermaymakeitimpossiblefor

yourprojecttobeconsideredattheCommissionsnextquarterlymeeting. Itisunclearwhythefinancialinformationrequestedhas

notbeenprovidedsinceitwouldseemthatthiswouldbeunrelatedtothefederallegislation,soweappreciateyourhelpinthis

regard.

Our

ability

to

assist

you

is

dependent

upon

your

staff

providing

timely,

complete

information.

Thanks,Kathy



[email protected]



From: Donald Murphy [mailto:[email protected]]Sent: Sunday, November 29, 2009 2:55 PMTo: Tony Capaci; [email protected]: Kathy Fox; Barbara Witt; [email protected]; [email protected]; Benjamin or Krista ReeceSubject: Re: legislation

Tony

I think it is best that we postpone the meeting for tomorrow, Nov. 30 at 1030. Our legislation has beendelayed because of the other priorities in DC. However, I must also travel to DC for meetings on theproposed legislation. I am sorry for the short notice, but I was just informed by our representatives in DCthat they were able to schedule meetings for me this week. I will have Ben Reece phone to youreschedule and to make sure he provides you with the information that you have requested.

Don Murphy


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From: Tony Capaci To: [email protected]: Kathy Fox ; Barbara Witt ; [email protected]: Mon, October 26, 2009 5:01:56 PMSubject: legislation

Don,Pleaseletusknowthestatusofthedocumentationregardingtheintroductionofthelegislation. IbelieveKathymentionedshewas

expectingittoday. SinceGaryisretired,whoseattentionshouldIsendthechecklistforitemstobesubmittedinordertobe

consideredfortheFebruarymeeting? Forexample,althoughBenforwardedtomeacopyofthelastauditIalsoneedayeartodate

financial. Atsomepointearlyintheprocess Iwouldliketodiscusswithyouthepossibilityofusingtheappropriationtoreimburse

forthoseconstructioncostspaidforwithbondmoney,thesame aswedidwiththelastappropriation.Thanks,TonyTony CapaciProject Manager

Ohio Cultural Facilities Commission20 E. Broad Street, Suite 200

Columbus, OH 43215-3416Telephone: 614-728-6924Fax: 614-752-2775

e-mail: [email protected]: www.culture.ohio.gov

The Ohio Cultural Facilities Commission, formerly the Ohio Arts & Sports Facilities Commission, oversees capital improvement funds appropriated by the Ohio GeneralAssembly and Governor for community cultural facility projects including non-profit theaters, museums, historical sites and publicly owned professional sports venues. You

are invited to visit www.culture.ohio.gov or call (614) 752-2770 for more information on the Commission or to learn how we can assist your cultural facility project.


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Barbara Witt

From: Kathy FoxSent: Sunday, December 06, 2009 10:55 AMTo: Donald Murphy; Tony Capaci; [email protected]: Barbara Witt; [email protected]; [email protected]; Benjamin or Krista Reece; Ken

RobinsonSubject: RE: legislation

ThanksDon. Weshoulddiscussthetimingforrequestingactiononthestateappropriation. Pleaseletmeknowwhenit

wouldbeconvenientforyoutospeakbytelephoneinthe10days.

Thanks,

Kathy



[email protected]


Building Culture in Ohio's Communities: The Ohio Cultural Facilities Commission, formerly the Ohio Arts & Sports Facilities Commission, overseescapital improvement funds appropriated by the Ohio General Assembly and Governor for community cultural facility projects including non-profittheaters, museums, historical sites and publicly owned professional sports venues. You are invited to visit www.culture.ohio.gov or call (614) 752-2770for more information on the Commission or to learn how we can assist your cultural facility project.From: Donald Murphy [mailto:[email protected]]Sent: Saturday, December 05, 2009 8:28 AM

To: Kathy Fox; Tony Capaci; [email protected]

Cc: Barbara Witt; [email protected]; [email protected]; Benjamin or Krista Reece; Ken RobinsonSubject: Re: legislation

KathyHere is the draft we are working with. There is a separate section that has been added onappropriations that would provide $5 million for the operations of the Freedom Center in each ofthe next five years. I am not in my office and I don't have access to that section. But this is thecurrent draft that Mr. Conyers' office is proposing to introduce.

From: Kathy Fox To: Donald Murphy ; Tony Capaci ; [email protected]

Cc: Barbara Witt ; [email protected]; [email protected]; Benjamin or Krista Reece; Ken Robinson

Sent: Fri, December 4, 2009 4:10:40 PM

Subject: RE: legislation

Don,

Thanksforyourresponse. Itwouldbehelpfultousinoureffortstoassistyouifyoucouldsharethedraftlegislation.

Otherwise,oureffortstoreviewandunderstandthepotentialnewarrangementswillbedelayedandourabilityto


40/95

112

provideassistancewillbelimited. Pleaseletmeknowyourdecisionaboutsharingthedraftlegislationsowecanplan

whenandatwhatleveltoassignourstaffeffortstowardyourproject.

Thanks,

Kathy

Kathleen M. Fox, FASLAExecutive DirectorOhio Cultural Facilities Commission




[email protected]



From: Donald Murphy [mailto:[email protected]]Sent: Friday, December 04, 2009 9:19 AMTo: Kathy Fox; Tony Capaci; [email protected]: Barbara Witt; [email protected]; [email protected]; Benjamin or Krista Reece; Ken RobinsonSubject: Re: legislation

KathyI understand you are requesting a copy of the federalization legislation. The legislation stillremains in draft, though it is out of legislative counsel now. It is being amended as a result ofsome jurisdictional issues that have now been resolved. However, this will cause a significantdelay in the introduction of the legislation, which may not happen until well into the next sessionof congress. I won't bore you with the details, but this is typical of the legislative process. We

had hoped to have the legislation introduced before congress left for recess and at one time wewere told we could get it passed before the end of the year. Of course this is very disappointingfor us in terms of the timing, but we are at the mercy of the congress and their schedule as wellas addressing some concerns raised by the natural resources committee, which has jurisdiction.

Ben continues to work with Tony to provide the information that he requests, however I don'tthink we can count on federalization happening before the February commission meeting.Please let me know if you would like to discuss this in more detail. I am available throughoutthis month.

Don Murphy

From: Kathy Fox To: Donald Murphy ; Tony Capaci ; [email protected]: Barbara Witt ; [email protected]; [email protected]; Benjamin or Krista Reece

Sent: Sun, November 29, 2009 3:12:33 PM


Don,

Thankyoufortheheadsuponthesituation. IlookforwardtohearingmoreafteryourmeetingsinD..C.


41/95

113

IwillconferwithourstaffaboutthetimingofyourrequestforCulturalFacilitiesCommissionaction;however,please

keepinmindthattheamountoftimethathaslapsedsincewewerepromisedinformationfromtheFreedomCenter

maymakeitimpossibleforyourprojecttobeconsideredattheCommissionsnextquarterlymeeting. Itisunclearwhy

thefinancialinformationrequestedhasnotbeenprovidedsinceitwouldseemthatthiswouldbeunrelatedtothe

federallegislation,soweappreciateyourhelpinthisregard. Ourabilitytoassistyouisdependentuponyourstaff

providingtimely,completeinformation.

Thanks,Kathy



[email protected]



From: Donald Murphy [mailto:[email protected]]

Sent: Sunday, November 29, 2009 2:55 PM

To: Tony Capaci; [email protected]

Cc: Kathy Fox; Barbara Witt; [email protected]; [email protected]; Benjamin or Krista Reece


Tony

I think it is best that we postpone the meeting for tomorrow, Nov. 30 at 1030. Our legislationhas been delayed because of the other priorities in DC. However, I must also travel to DC formeetings on the proposed legislation. I am sorry for the short notice, but I was just informed byour representatives in DC that they were able to schedule meetings for me this week. I willhave Ben Reece phone to you reschedule and to make sure he provides you with the informationthat you have requested.

Don Murphy

From: Tony Capaci

To: [email protected]: Kathy Fox ; Barbara Witt ; [email protected]: Mon, October 26, 2009 5:01:56 PMSubject: legislation

Don,

Pleaseletusknowthestatusofthedocumentationregardingtheintroductionofthelegislation. IbelieveKathy

mentionedshewasexpectingittoday. SinceGaryisretired,whoseattentionshouldIsendthechecklistforitemstobe

submittedinordertobeconsideredfortheFebruarymeeting? Forexample,althoughBenforwardedtomeacopyof


42/95

114

thelastauditIalsoneedayeartodatefinancial. Atsomepointearlyintheprocess Iwouldliketodiscusswithyouthe

possibilityofusingtheappropriationtoreimburseforthoseconstructioncostspaidforwithbondmoney,thesame as

wedidwiththelastappropriation.

Thanks,

TonyTony CapaciProject Manager




Telephone: 614-728-6924Fax: 614-752-2775

e-mail: [email protected]



General Assembly and Governor for community cultural facility projects including non-profit theaters, museums, historical sites and publicly owned professional

sports venues. You are invited to visit www.culture.ohio.govor call (614) 752-2770 for more information on the Commission or to learn how we can assist yourcultural facility project.


43/95

115

Barbara Witt

From: Donald Murphy [[email protected]]Sent: Saturday, December 05, 2009 8:28 AMTo: Kathy Fox; Tony Capaci; [email protected]: Barbara Witt; [email protected]; [email protected]; Benjamin or Krista Reece; Ken

RobinsonSubject: Re: legislationAttachments: EmancipationDiscussionbill.pdf

KathyHere is the draft we are working with. There is a separate section that has been added onappropriations that would provide $5 million for the operations of the Freedom Center in each ofthe next five years. I am not in my office and I don't have access to that section. But this is thecurrent draft that Mr. Conyers' office is proposing to introduce.

From: Kathy Fox

To: Donald Murphy ; Tony Capaci ; [email protected]

Cc: Barbara Witt ; [email protected]; [email protected]; Benjamin or Krista Reece; Ken Robinson Sent: Fri, December 4, 2009 4:10:40 PMSubject: RE: legislation

Don,





Thanks,

Kathy



[email protected]




Sent: Friday, December 04, 2009 9:19 AM


Cc: Barbara Witt; [email protected]; [email protected]; Benjamin or Krista Reece; Ken RobinsonSubject: Re: legislation


44/95

116

KathyI understand you are requesting a copy of the federalization legislation. The legislation stillremains in draft, though it is out of legislative counsel now. It is being amended as a result ofsome jurisdictional issues that have now been resolved. However, this will cause a significantdelay in the introduction of the legislation, which may not happen until well into the next sessionof congress. I won't bore you with the details, but this is typical of the legislative process. Wehad hoped to have the legislation introduced before congress left for recess and at one time wewere told we could get it passed before the end of the year. Of course this is very disappointing

for us in terms of the timing, but we are at the mercy of the congress and their schedule as wellas addressing some concerns raised by the natural resources committee, which has jurisdiction.


Don Murphy

From: Kathy Fox

To: Donald Murphy ; Tony Capaci ; [email protected]: Barbara Witt ; [email protected]; [email protected]; Benjamin or Krista ReeceSent: Sun, November 29, 2009 3:12:33 PM


Don,

Thankyoufortheheadsuponthesituation. IlookforwardtohearingmoreafteryourmeetingsinD..C.

IwillconferwithourstaffaboutthetimingofyourrequestforCulturalFacilitiesCommissionaction;however,please

keepinmindthattheamountoftimethathaslapsedsincewewerepromisedinformationfromtheFreedomCenter

maymakeitimpossibleforyourprojecttobeconsideredattheCommissionsnextquarterlymeeting. Itisunclearwhy

thefinancialinformationrequestedhasnotbeenprovidedsinceitwouldseemthatthiswouldbeunrelatedtothe

federallegislation,soweappreciateyourhelpinthisregard. Ourabilitytoassistyouisdependentuponyourstaff

providingtimely,completeinformation.

Thanks,

Kathy


Vox: 614.752.2770

Fax: 614-752-2775e-mail: [email protected]

[email protected]




45/95

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Sent: Sunday, November 29, 2009 2:55 PMTo: Tony Capaci; [email protected]: Kathy Fox; Barbara Witt; [email protected]; [email protected]; Benjamin or Krista Reece


TonyI think it is best that we postpone the meeting for tomorrow, Nov. 30 at 1030. Our legislation

has been delayed because of the other priorities in DC. However, I must also travel to DC formeetings on the proposed legislation. I am sorry for the short notice, but I was just informed byour representatives in DC that they were able to schedule meetings for me this week. I willhave Ben Reece phone to you reschedule and to make sure he provides you with the informationthat you have requested.

Don Murphy

From: Tony Capaci To: [email protected]

Cc: Kathy Fox ; Barbara Witt ; [email protected]: Mon, October 26, 2009 5:01:56 PMSubject: legislation

Don,

Pleaseletusknowthestatusofthedocumentationregardingtheintroductionofthelegislation. IbelieveKathy

mentionedshewasexpectingittoday. SinceGaryisretired,whoseattentionshouldIsendthechecklistforitemstobe

submittedinordertobeconsideredfortheFebruarymeeting? Forexample,althoughBenforwardedtomeacopyof

thelastauditIalsoneedayeartodatefinancial. Atsomepointearlyintheprocess Iwouldliketodiscusswithyouthe

possibilityofusingtheappropriationtoreimburseforthoseconstructioncostspaidforwithbondmoney,thesame as

wedidwiththelastappropriation.

Thanks,

TonyTony Capaci

Project Manager



Telephone: 614-728-6924

Fax: 614-752-2775




General Assembly and Governor for community cultural facility projects including non-profit theaters, museums, historical sites and publicly owned professionalsports venues. You are invited to visit www.culture.ohio.govor call (614) 752-2770 for more information on the Commission or to learn how we can assist yourcultural facility project.


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Barbara Witt

From: Donald's Yahoo [[email protected]]Sent: Friday, December 04, 2009 6:27 PMTo: Kathy FoxCc: Tony Capaci; ; Barbara Witt; ;

; Benjamin or Krista Reece; Ken RobinsonSubject: Re: legislation

Kathy

I will send it to you tomorrow AM.

Sent from my iPhone

On Dec 4, 2009, at 16:10, "Kathy Fox" wrote:

Don,

Thanks for your response. It would be helpful to us in our efforts to assist you if you could share

the draft legislation. Otherwise, our efforts to review and understand the potential newarrangements will be delayed and our ability to provide assistance will be limited. Please let me

know your decision about sharing the draft legislation so we can plan when and at what level to

assign our staff efforts toward your project.

Thanks,

Kathy


Executive Director




Vox: 614.752.2770

Fax: 614-752-2775


[email protected]



47/95

119

Building Culture in Ohio's Communities: The Ohio Cultural Facilities Commission, formerly the Ohio Arts & Sports FacilitiesCommission, oversees capital improvement funds appropriated by the Ohio General Assembly and Governor for community culturalfacility projects including non-profit theaters, museums, historical sites and publicly owned professional sports venues. You areinvited to visit www.culture.ohio.gov or call (614) 752-2770 for more information on the Commission or to learn how we can assistyour cultural facility project.


Sent: Friday, December 04, 2009 9:19 AM


Cc: Barbara Witt; [email protected]; [email protected]; Benjamin or Krista Reece; Ken Robinson


KathyI understand you are requesting a copy of the federalization legislation. Thelegislation still remains in draft, though it is out of legislative counsel now.

It is being amended as a result of some jurisdictional issues that have nowbeen resolved. However, this will cause a significant delay in theintroduction of the legislation, which may not happen until well into the nextsession of congress. I won't bore you with the details, but this is typical ofthe legislative process. We had hoped to have the legislation introducedbefore congress left for recess and at one time we were told we could get itpassed before the end of the year. Of course this is very disappointing forus in terms of the timing, but we are at the mercy of the congress and theirschedule as well as addressing some concerns raised by the naturalresources committee, which has jurisdiction.

Ben continues to work with Tony to provide the information that herequests, however I don't think we can count on federalization happeningbefore the February commission meeting. Please let me know if you wouldlike to discuss this in more detail. I am available throughout this month.

Don Murphy

From: Kathy Fox To: Donald Murphy ; Tony Capaci ;[email protected]

Cc: Barbara Witt ; [email protected]; [email protected]; Benjamin or

Krista Reece Sent: Sun, November 29, 2009 3:12:33 PMSubject: RE: legislation

Don,


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Thank you for the heads up on the situation. I look forward to hearing more after your meetings

in D..C.

I will confer with our staff about the timing of your request for Cultural Facilities Commission

action; however, please keep in mind that the amount of time that has lapsed since we werepromised information from the Freedom Center may make it impossible for your project to be

considered at the Commissions next quarterly meeting. It is unclear why the financialinformation requested has not been provided since it would seem that this would be unrelated tothe federal legislation, so we appreciate your help in this regard. Our ability to assist you is

dependent upon your staff providing timely, complete information.

Thanks,

Kathy


Executive Director




Vox: 614.752.2770

Fax: 614-752-2775


[email protected]


Building Culture in Ohio's Communities: The Ohio Cultural Facilities Commission, formerly the Ohio Arts & Sports FacilitiesCommission, oversees capital improvement funds appropriated by the Ohio General Assembly and Governor for community culturalfacility projects including non-profit theaters, museums, historical sites and publicly owned professional sports venues. You areinvited to visit www.culture.ohio.gov or call (614) 752-2770 for more information on the Commission or to learn how we can assistyour cultural facility project.


49/95

121


Sent: Sunday, November 29, 2009 2:55 PMTo: Tony Capaci; [email protected]: Kathy Fox; Barbara Witt; [email protected]; [email protected]; Benjamin or Krista Reece


TonyI think it is best that we postpone the meeting for tomorrow, Nov. 30 at1030. Our legislation has been delayed because of the other priorities inDC. However, I must also travel to DC for meetings on the proposedlegislation. I am sorry for the short notice, but I was just informed by ourrepresentatives in DC that they were able to schedule meetings for me thisweek. I will have Ben Reece phone to you reschedule and to make sure heprovides you with the information that you have requested.

Don Murphy

From: Tony Capaci To:[email protected]: Kathy Fox ; Barbara Witt ;[email protected]: Mon, October 26, 2009 5:01:56 PMSubject: legislation

Don,

Please let us know the status of the documentation regarding the introduction of the legislation. Ibelieve Kathy mentioned she was expecting it today. Since Gary is retired, whose attention

should I send the checklist for items to be submitted in order to be considered for the February

meeting? For example, although Ben forwarded to me a copy of the last audit I also need a year

to date financial. At some point early in the process I would like to discuss with you thepossibility of using the appropriation to reimburse for those construction costs paid for with bond

money, the same as we did with the last appropriation.

Thanks,

Tony

Tony Capaci

Project Manager



Telephone: 614-728-6924

Fax: 614-752-2775


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122

e-mail: [email protected]: www.culture.ohio.gov

The Ohio Cultural Facilities Commission, formerly the Ohio Arts & Sports Facilities Commission, oversees capital improvement funds

appropriated by the Ohio General Assembly and Governor for community cultural facility projects including non-profit theaters, museums,

historical sites and publicly owned professional sports venues. You are invited to visit www.culture.ohio.govor call (614) 752-2770 formore information on the Commission or to learn how we can assist your cultural facility project.


51/95

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Barbara Witt

From: Kathy FoxSent: Friday, December 04, 2009 4:11 PMTo: Donald Murphy; Tony Capaci; [email protected]: Barbara Witt; [email protected]; [email protected]; Benjamin or Krista Reece; Ken

RobinsonSubject: RE: legislation

Don,





Thanks,

Kathy

Kathleen M. Fox, FASLAExecutive Director



[email protected]


Building Culture in Ohio's Communities: The Ohio Cultural Facilities Commission, formerly the Ohio Arts & Sports Facilities Commission, overseescapital improvement funds appropriated by the Ohio General Assembly and Governor for community cultural facility projects including non-profittheaters, museums, historical sites and publicly owned professional sports venues. You are invited to visit www.culture.ohio.gov or call (614) 752-2770for more information on the Commission or to learn how we can assist your cultural facility project.From: Donald Murphy [mailto:[email protected]]Sent: Friday, December 04, 2009 9:19 AMTo: Kathy Fox; Tony Capaci; [email protected]: Barbara Witt; [email protected]; [email protected]; Benjamin or Krista Reece; Ken RobinsonSubject: Re: legislation

KathyI understand you are requesting a copy of the federalization legislation. The legislation stillremains in draft, though it is out of legislative counsel now. It is being amended as a result ofsome jurisdictional issues that have now been resolved. However, this will cause a significantdelay in the introduction of the legislation, which may not happen until well into the next session

of congress. I won't bore you with the details, but this is typical of the legislative process. Wehad hoped to have the legislation introduced before congress left for recess and at one time wewere told we could get it passed before the end of the year. Of course this is very disappointingfor us in terms of the timing, but we are at the mercy of the congress and their schedule as wellas addressing some concerns raised by the natural resources committee, which has jurisdiction.



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Don Murphy

From: Kathy Fox To: Donald Murphy ; Tony Capaci ; [email protected]: Barbara Witt ; [email protected]; [email protected]; Benjamin or Krista Reece

Sent: Sun, November 29, 2009 3:12:33 PM


Don,

Thankyoufortheheadsuponthesituation. Ilookforwardtohearingmorea

Documents

3-barbaras emails exchange NURFC keyword (with redactions)