Plymouth City Attorney Sean Surrisi updated the Plymouth City Council members Monday night on the legal status concerning the Dr. Susan Bardwell Aquatic Center.
Surrisi said in 2019 a company originally a part of the project, Dr. Susan Bardwell LLC owned by Rick Miller, breached its obligation to operate the facility.
“The landlord of the facility that had the contract with Rick Miller’s company, Marshall County Health and Wellness Inc., has since filed a lawsuit against Rick Miller seeking a recovery for the damages for that breach,” explained Surrisi. “The default judgment was obtained against him and since that time he’s had three attorneys that are seeking to have that default judgment set aside and continue to litigate that case.”
The next step in the process includes a hearing on that motion on February 16.
In the meantime, the general management of the facility is under the direction of Dr. Susan Bardwell Swimming, LLC. Surrisi said he and Leanne Senter volunteer time to oversee the management of the facility.
Since the breach, Surrisi said the Aquatics Center has been operating with contingency funds built into the budget for the project, but those funds will be exhausted in March.
Surrisi continued, “We’re looking at some kind of long-term solution for – at least in the interim, to cover the operations of the facility so it continues to operate.”
A meeting is scheduled for Wednesday with Mayor Mark Senter, City Council President Pro Temp Don Ecker, Jr., City Council member Robert Listenberger, Clerk-Treasurer Jeanine Xaver, Park Superintendent Mike Hite, Park Board President Dave Morrow, Park Board member Laura Mann, and Eric Walsh from Baker Tilly in order to move forward with financing operations until a more long-term solution is found. More information from this gathering will be provided at the council’s next meeting.
Surrisi reminded the council members that financing obligations that went into the construction are still due, whether or not the facility is operating. If there is not a funding solution by March, Surrisi said the facility may close. There may be some city funds that will be reprioritized to keep operations going.
The facility opened in late 2019.
