Solicitor responds to request by Tim Canada to subpoena former city manager Tom Carroll
Loveland, Ohio – On Tuesday, August 22, local business owner Tim Canada gave a speech at the Loveland Council meeting and said that former City Manager Tom Carroll spent $15,000 in 2013 when he hired a lobbyist group called the Colwell Group. Canada said that a total of $25,000 was paid to the Colwell Group throughout 2013, but he could not find any authorization from Council He suggested Council issue a subpoena to Carroll to investigate the $25,000 expenditure. He was essentially asking the question to Councilman Rob Weisgerber who was on Council at the time and is seeking re-election. Weisgerber said that he would respond to Canada at a later time.
Later in the meeting, Councilmember Pam Gross did respond to the allegations made by Canada. She also said that the contract with the Colwell Group was illegal, and was the same argument Council Members had for Rob Stansel’s contract. Stansel was the former economic director that had recently been let go because his contract exceeded the spending authority of current City Manager Dave Kennedy. Gross said she appreciated the fact that Mr. Weisgerber wanted to move forward, however she felt it was important to note that the Colwell Group contract was the same as Stansel’s contract and questioned why Stansel’s contract caused such an uproar, but Weisgerber wanted to gloss over the Colwell Group contract.
At the Tuesday, September 12 meeting, Weisgerber responded. He said that there was nothing illegal about the contracts with the Colwell Group, nor were there any City procedures or spending authority violated. He noted that in the 1990’s, Loveland had a city manager that did break up contracts to get around the spending limit and at that time, Council changed the rules to be very specific about the spending limit and how to break up contracts into separate issues/engagements, which are the rules today. He explained that the Colwell Group was used for three separate engagements, had separate contracts, and separate rates for specific issues. He reiterated that nothing illegal was done, no rules were violated, and the City Manager acted within his authority. He turned to Joe Braun the City Solicitor and asked him to confirm what he was saying.
Braun said that he reached out to Canada when he said the City had acted illegally and asked for a subpoena to be issued to the former city manager. He said that he also researched the Colwell Group contracts and asked the clerk of council to pull documents for him so he could check the facts. Braun stated that he came to the same conclusion that Weisgerber did, there was nothing illegal done, there were three separate contracts with the Colwell Group for three separate amounts, three different hourly rates, three different time periods, and three different objectives. He reiterated that there was nothing illegal done and no rules were violated.
In these three LOVELAND MAGAZINE TV videos you can watch Councilwoman Pam Gross and Tim Canada raising the issue of the Colwell Group contract and Weisgerber and Braun saying there was nothing illegal about how Carroll handled them.
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Loveland, Ohio – There was a scheduled Loveland City Council meeting for Tuesday, September 26 at City Hall. Three members of Council were in attendance… Kathy Bailey, Ted Phelps, and Rob Weisgerber. Vice-Mayor Angie Settell, Pam Gross, and Steve Zamagias did not attend. Without a quorum and a fourth member in attendance the meeting was never called to order, no business was discussed, and no legislation passed.
Near the -20:53 minute mark of this video Councilman Ted Phelps addressed the audience and gave his explanation of why there was no meeting.
Loveland, Ohio– Apparently Tuesday’s City Council meeting will take place, however, there may be no business conducted. On Thursday, September 21 Loveland Magazine received the following email from Loveland’s Vice Mayor Angie Settell:
Never before receiving a press release from an individual member of the council, Loveland Magazine proceeded cautiously on reporting the press release. In this highly charged election season, it seemed prudent to verify Settell’s message and verify that it, in fact, came from her. Press releases are almost always either sent out from the City Manager’s office or the Clerk of Council. Add to that, the release sent by Settell referred to “We” as if it was being sent on behalf of others or from City Hall.
After receiving the “Press Release” we looked on the City Web site to see if in fact the meeting was canceled as the release might suggest. It was not. It was still listed as a public meeting and there was no “Press Release” on the website such as the one Settell sent out, the City Facebook page, or the City Twitter page. Looking at the City Facebook page also confirmed that there was a council meeting on Tuesday, September 26.
An email was sent to the Clerk of Council and the City Manager asking for clarification. We asked two questions. Did it come from Settell? Is there a meeting?
City Manager Dave Kennedy answered at 2 Pm on Monday simply saying, “There will not be enough members for a quorum at tomorrow’s meeting.”
Clerk of Council Misty Cheshire responded at 5:43 PM on Monday by saying, “The press release did not come from the City and was independently done by an individual council member. The meeting is scheduled for tomorrow night and will take place if a quorum is present.”
After the recent resignation of former Mayor, Mark Fitzgerald there remains six members of Council. A quorum of Council would be four. Settell’s release would suggest that three of the six council members do not plan on attending Tuesday’s meeting. She did not say which members would not be attending.
Not on the meeting agenda, but a decision that could be made at any future meeting is a vote on who will take Fitzgerald’s seat and serve the remaining two years of his vacated term. It will require at least four members to agree on a replacement. A 3-3 split council as it is today is a delicate attendance balance.
You can read the Agenda for the meeting where apparently none of the business listed will be conducted.
LOVELAND MAGAZINE TV will be at City Hall tomorrow night at 7 PM and be broadcasting live on our Facebook Page.
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Rule 19. Appearing Before Council (Five-Day Rule).
Any person, group or delegation wishing to be placed on the agenda to appear before Council shall direct a letter to the Clerk of Council so it is received by the Clerk no later than 12:00 Noon on the Thursday preceding the regularly scheduled Tuesday Council meeting, or the fifth day prior to the scheduled meeting if it is scheduled for a day other than Tuesday. The Mayor may suspend the Thursday rule in the event of unusual or emergency circumstances.
Loveland, Ohio – Life long Loveland resident Sherry Hamlin prepared a presentation to give at the September 12 council meeting, but while practicing it she discovered it was too long to fit into the five minutes allotted if she spoke during the Open Forum agenda item of the meeting. She said, “As I practiced my presentation it was running long and I didn’t want to cut it short.”
Anyone is allowed to just go to a meeting and sign a sheet at the doorway to the council chambers and they are given five minutes to address any subject on their mind, but Hamlin also knew of the “Appearing Before Council (Five-Day Rule)” which allows people to contact the Clerk of Council by noon on the Thursday preceding the meeting, and be allowed ten minutes of speaking time.
Hamlin said she wrote the required request three days before the cut-off, and it was the first time she had ever requested to speak in that time slot. “What happened next surprised me. I received a reply that Vice-Mayor Angie Settell denied my request to speak before council and suggested I consider speaking during the Open Forum instead. It seems I don’t have much choice since I was omitted from the agenda published on Friday.” She said there were no other requirements, “I just had to do was ask by Thursday at noon. I asked on Monday, nearly three full days before the deadline and I saw nothing in the rules that allowed the Vice-Mayor to deny my request.”
After the meeting, Hamlin told Loveland Magazine that what she originally wanted to talk about at the council meeting would have to wait for another meeting because the denial of speaking rights suddenly took precedence.
Hamlin said that business owner Tim Canada who does not live in Loveland or pay personal income taxes to the City has appeared during the ten-minute time slot four times since the beginning of the year. She asked Settell, “So I would like to ask this question. Why is it that a local business owner is permitted to speak during persons before Council, but I a resident am not?”
You can watch these LOVELAND MAGAZINE TV videos to see Hamlin asking her question, Settell’s response, and Councilwoman Kathy Baliey’s response. The Vice-Mayor defended her actions however Bailey raised some of the same questions as Hamlin.
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Loveland, Ohio – Recent political climate critic, Ryan Kulik told Loveland Magazine this morning that he is now working on behalf of the re-election of Pam Gross to retain her seat on City Council. Kulik has been an outspoken critic of Councilman Rob Weisgerber, The Loveland Community Heartbeat PAC (LCHPAC) whom he recently called, “political motivated amateurs”, and the Little Miami River Chamber Alliance. He has called them all anti-growth and anti-development. Weisgerber is also seeking to be re-elected to Council.
Ryan Kulik has announced he is working for the Pam Gross re-election committee.
As recently as September 12 after one of his opinion pieces was published in Loveland Magazine Kulik said in an email to the newspaper, “I am currently not working with anyone associated with the city council. I have talked with a few people who are running, but I have yet to sign a contract to exclusively work for anyone. Due to confidentiality agreements I can not reveal who I have spoken with. I did want you to know all of this so it is clear where I am coming from. As long as I am free from any contracts in the city, I would like to continue to get my opinions out in this volatile political climate. I will keep you updated if any of this changes.”
Then in an email to the newspaper on September 17 concerning a guest opinion that he submitted about first-time council candidate Tim Butler, that has not yet been published, he said, “It is up to you on publishing the Butler letter. When I wrote the letter I was still an independent player in the political scene. That may change this week. My credibility, if any, as an unbiased source will be in question by the end of the week.”
Councilwoman Pam Gross
Loveland Magazine responded to Kulik by asking if he would go ahead and disclose what he was referencing. His response came this morning saying, “I just sent out a press release that should clear up my current situation. Anything I wrote before today was from my own opinion as a resident. Anything after today that I send out concerning the 2017 election will, and should, be seen as a message from the Pam Gross for Loveland City Council campaign.” In the press release, Kulik is quoted as the “Campaign Manager” for the Pam Gross for Loveland City Council campaign.
Halie Rebeccaschild is the Secretary and Spokesperson for The Loveland Community Heartbeat PAC
Kulik, a self-described blowhard and political expert has submitted several opinion pieces to Loveland Magazine and is not without his fans and critics after among other things calling community members opposed to the re-election of Gross, “anti-business” and “partisan amateurs”. He said recently, “Their political tactics consist of being filled with rage and discord” and “This group of concerned citizens ignorantly attack hard working public servants.” Kulik called them a mob and “politically motivated flame throwing amateurs.” He warned that the Loveland Community Heartbeat PAC should be well versed in what libel and slander are.
Halie Rebeccaschild is the Secretary and Spokesperson for LCHPAC. She told Loveland Magazine today that she and the group had suspected that Kulik had been working to re-elect Gross because some of the things he had written had mimicked some of Gross’ talking points at council meetings. She said that there is one thing she wants the public to know about LCHPAC, “We are a grassroots movement and not political professionals.”
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Recently I spoke to council and submitted my prepared statement to David Miller at Loveland Magazine. (Ryan Kulik: Political motivated amateurs have taken over) (Loveland Community Heartbeat PAC responds to Mr. Kulik) In the days that followed, it was brought to my attention that part of my spoken statement was not one hundred percent factual. I also reflected on my demeanor, and the words I chose in trying to get my larger point across to council, the audience, and anyone watching online. I accepted that I had misspoken on something in my remarks, and proceeded to apologize in the Facebook comment feed in Loveland Magazine. I had planned on making a public mea culpa when the opportunity presented itself. My conscience will not allow me to wait for that moment, I feel like the time is now to make an apology.
Ryan Kulik
I’m sorry.
I am sorry for not having my facts correct when I was trying to ask council why our economic development was in limbo. When I spoke at public forum, I was incorrect when I said the former economic developer had brought a certain amount of money into our community. That was a misstatement. Intentional or not, when someone does not make their point clear, and correct, the larger narrative will always suffer. I wanted to talk about something of great importance, positive economic growth, and my slip-up cost me the chance to move any meaningful conversation forward. I owe an apology to council for wasting their time, the community for having to double check my words, and to myself for not being professional.
I am sorry for calling people amateurs. I can clearly see that I was the one playing amateur politics. My ego, coupled with my frustration are all excuses I give myself for trying to claim the mantle of professionalism. Those excuses do not portray the skill of a professional. I am just one Loveland resident who tried to make a personal point on growth and economic prosperity. By letting my ego work in concert with my frustration towards our council, I used baseless adjectives in describing the politically active in our community That means I sought the refuge of a political amateur.
I owe an apology to council for wasting their time, the community for having to double check my words, and to myself for not being professional.
I am sorry that my greater point was lost in the all the noise generated about my inarticulate comments to council. I do believe members of our council have been acting in a manner that has stalled the positive economic growth Loveland has been experiencing the last few years. I do think it is wrong for a local Chamber of Commerce to work in conjunction with a Political Action Committee who has openly advocated for the stalling of economic development projects. I do not believe we need an extra layer of bureaucracy added to the required rules for moving any new economic development forward. Extra bureaucracy has always been a hurdle many new businesses would prefer not to jump over. I believe Loveland is a desirable community, and new residential developments would expand the tax base. New residents can help ease the economic burden, and make it less likely that council will approach the residents of Loveland with a tax increase. I believe the city of Loveland needs a proper economic development consultant, whomever that person may be. I am sorry I was not able to engage our council, and our community on my vision for an economically prosperous Loveland.
With words like amateur, illegal, and corruption being thrown around, Loveland politics has become a lot of noise and has lacked substantive debate. I added to the climate with my poor statement at public forum. I hope the people running for city council, the groups politically mobilized for the election, and the concerned residents like myself can come together and focus on the issues that make Loveland great. I know that is what I am going to do.
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Halie Rebeccaschild is the Secretary of the Loveland Community Heartbeat PAC
First, In his argument that certain sitting City Council members are “anti-business,” Kulik stated, “Legally required public hearings were voted down by this Council to stop positive business growth.” It appears that Mr. Kulik has over simplified the matter, as Council has stopped a public hearing from proceeding only in one case this year, that of the city hall project. The city never moved to a public hearing because residents expressed outrage at multiple City Council meetings in May and June of this year over the planned demolition of Loveland City Hall. In fact, On May 9th, City Council deadlocked on the nature of public engagement. After Community Improvement Corporation (CIC) President Jay Stewart recommended involving residents and holding a work session with Ken Geis, Vice Mayor Angie Settell immediately motioned for a public hearing (1). Such a move would have then fulfilled the legal requirement for a single hearing prior to transferring the city hall property to the autonomous CIC, ensuring demolition of our city hall building in July, as planned.
Mayor Mark Fitzgerald, Vice Mayor Angie Settell, and Pam Gross voted no on these public engagement forums.
Residents had expressed great concern about the city hall project moving too quickly, which may be seen in both April and May City Council meeting minutes. Rob Weisgerber, Kathy Bailey, and Ted Phelps responded to residents by opposing the vote to immediately move to fulfill the single public hearing requirement. Then, Council Member Rob Weisgerber motioned for no less than three resident engagement sessions, which would have brought residents into the planning process on either a 2-story, 2.5 story, or 4-story building. Mayor Mark Fitzgerald, Vice Mayor Angie Settell, and Pam Gross voted no on these public engagement forums, while Council Members Rob Weisgerber, Kathy Bailey, and Ted Phelps voted yes. The deadlocked votes reflect a difference in how much emphasis was placed on resident engagement.
Not a single resident has come to address Council to demand that the city hall demolition move forward, so who does Mr. Kulik represent?
Mr. Kulik spoke of the public hearing requirement completely out of context of the planned demolition of City Hall, and in such a way that suggested a law was somehow broken in slowing down the city hall project for residents to give necessary sanction. Indeed, if the public hearing had occurred as pushed by Mark Fitzgerald, Angie Settell, and Pam Gross, the transfer of our city hall to the CIC would have been final. Once in possession of the CIC, residents would have had no further input. This process would have prevented residents from thoroughly engaging in the planning for our new, city hall building in Old Loveland. Instead of anti-business, as Mr. Kulik suggests, Rob Weisgerber, Ted Phelps, and Kathy Bailey’s vote for multiple hearings reflect their duty as public servants to residents of Loveland. Residents have been relieved that the planned demolition and any repurposing of city hall will wait until after elections when residents will have their say with their votes. Not a single resident has come to address Council to demand that the city hall demolition move forward, so who does Mr. Kulik represent?
Next, Mr. Ryan Kulik went on to claim that City Council acted wrongly by cancelling Mr. Stansel’s contract. Kulik said, “What is it Mr. Stansel did wrong? I can see where council should have had the discussion on his services, but we never had that discussion. Rob Stansel was hired by the City Manager, not council. Stop lying. This is what the city manager does. The council should have had a chance to vote on his contract when the spending limit was exceeded. We never had this discussion.”
Yet again, Mr. Kulik is mistaken.
Yet again, Mr. Kulik is mistaken. City Council did have a discussion about cancelling Rob Stansel’s contract just prior to their vote that terminated it on May 9th. Mr. Kulik asks, “What was illegal about the contract? Was it because the spending limit was exceeded? Okay, I understand that.” If Mr. Kulik understands that City Council voted after a discussion to cancel the contract because it violated the City Manager’s spending authority, then what’s his agenda? Why would he want Council to violate our city charter?
Then, Mr. Kulik goes on to say, “[Stansel] secured over $600,000 for, I believe, the Chestnut property.” Not exactly. The “letter of intent” brought by Mr. Stansel to the city died upon expiration on May 5th, 2017, four days prior to City Council voting to terminate Stansel’s contract on May 9th (2,3). Perhaps Mr. Kulik should speak with City Manager Dave Kennedy about why the offer wasn’t pursued. Because at this point, it appears that Mr. Kulik is speaking beyond his knowledge and expertise.
it appears that Mr. Kulik is speaking beyond his knowledge and expertise.
Last, Kulik goes on to say, “[Rob Stansel] was working on the Christman property that we’ve heard a lot about.” Yet, again, Mr. Kulik references a development project that brought Loveland residents out in droves against it. Residents from the Brandywine and Butterworth Glen neighborhoods overflowed Loveland City Hall at the public hearing on June 13th when City Council was expected to vote on an ordinance to transfer city land to the Community Improvement Corporation that would have then been sold to Drees Co. and ultimately culminated in a Drees Homes development of 10 acres nearby. Apparently, the residents of those neighborhoods believed the city years ago when it claimed to have bought the Christman property to be a park, and they weren’t too excited about the pending development deal. That’s why the city did not transfer the land to the Community Improvement Corporation, and the private deal between the developer and the commercial real estate firm dissolved.
Upon scrutiny, Ryan Kulik’s arguments fail due to his oversimplification and outright error. In any regard, I appreciate him bringing up three very important topics to Loveland residents, and hope everyone registers to vote by October 10th and comes out to vote this November 7th.
Halie Rebeccaschild is the Secretary of the Loveland Community Heartbeat PAC.
Later in the meeting, Councilmember Pam Gross did respond to the allegations made by Canada. She also said that the contract with the Colwell Group was illegal, and was the same argument Council Members had for Rob Stansel’s contract. Stansel was the former economic director that had recently been let go because his contract exceeded the spending authority of current City Manager Dave Kennedy. Gross said she appreciated the fact that Mr. Weisgerber wanted to move forward, however she felt it was important to note that the Colwell Group contract was the same as Stansel’s contract and questioned why Stansel’s contract caused such an uproar, but Weisgerber wanted to gloss over the Colwell Group contract.
