Loveland, Ohio – A Press Release from the City Manager’s office:
Due to necessary modifications, the Riverside Drive closure planned for today (Wednesday June 28th) has been moved to Thursday June 29, 2017. The road will be closed from West Loveland Avenue to Twightwee to allow for completion of road repairs along the railroad tracks. The closure will begin at 8:00 a.m. and continue throughout the day with a re-opening of the roadway at approximately 4:00 p.m.
Questions: Call David Kennedy, City Manager at 707-1454
Mayor Mark Fitzgerald announced at the beginning of the May 23 Council meeting that he has instituted a “zero tolerance policy” towards whispering or passing documents during meetings. The Mayor in recent months has used his gavel indiscriminately and in a random manner to quiet the audience attending meetings. He routinely warns them against applauding what their fellow citizen’s say during the open forum portion of meetings. Lately, he has warned citizens he will use the police force to remove anyone who disrupts the meetings
Less than five minutes later, when Councilwoman, Pam Gross walked to the same podium the public uses, he allows, and joins, in applauding Gross’ presentation. Then, seconds later, when resident, Mike Meldon followed Gross to the same podium, and the audience applauded Meldon’s comments about how important the environment was to the community, the Mayor said he was issuing his final warning about applause and he will be asking the police to remove anyone who, “Disrespects that request.”
The Mayor was speaking on behalf of all of Council. None objected to the policy. There are two other people sitting at the council table who also remained silent, Dave Kennedy, the City Manager and Joe Braun, the City lawyer. These are the two professionals Council hires to keep them out of trouble. Professionals, who have been hired based on their knowledge and expertise of the law and how a municipality operates within the laws of Loveland’s Charter, the Ohio Constitution, the Ohio Revised Code, and the Constitution of the United States.
[quote_box_left]No matter, Fitzgerald needs counsel now, and there are nine people who have a sworn duty to deliver it to him, because, sitting on your hands is equivalent to sitting on the Constitution.[/quote_box_left]In addition, the Loveland Police Chief is almost always in the room, another professional the City has hired to protect citizen’s rights.
Nine people who are sworn to protect our citizens have sat silent and not objected while the Mayor, at random whim, takes away the public’s right to free speech, and threatens to use the “color” of the police department for enforcement.
See below just recent examples of how Fitzgerald shows favor to certain subjects and individuals and bullies other silent.
If in his randomness, Fitzgerald continues, or heaven forbid has someone removed from the room or arrested, he will have hoed himself and taxpayers a deep, deep furrow because of his discrimination. He will certainly lose in court, and it will be taxpayers paying the bills.
Fitzgerald’s discriminatory, gavel is causing turmoil in our community and doing harm to the Community’s reputation.
Perhaps there are three “majority” members of Council who are afraid that if they cross the Mayor they will be treated to the same wrath and scolding, but that is not an adequate excuse. Perhaps the other three “minority” members of Council are sitting on their hands, thinking ahead to election time, letting the Mayor dig his deeper furrow.
No matter, Fitzgerald needs counsel now, and there are nine people who have a sworn duty to deliver it to him, because, sitting on your hands is equivalent to sitting on the Constitution.
In this LOVELAND MAGAZINE TV video, you will see clips of the Mayor indiscriminately enforcing his rule against applause within about ten minutes of issuing his warning. He allows applause when fellow council member Pam Gross takes the podium, and himself is seen applauding, but gives the audience a final warning when the next speaker, a resident, speaks about the importance of Loveland’s environment.
In this LOVELAND MAGAZINE TV video, you will see other clips of the Mayor indiscriminately enforcing his rules. In one clip from several meetings ago you will see Fitzgerald telling resident Tom Calarco to turn around and speak to Council and not the public. Calarco had only turned his head, looking to see if there were any police officers in the room, whom he had just complimented. In the next clip, you will see Fitzgerald allowing Councilwoman Gross to rearrange the microphone on the podium so she could stand behind the podium, and address the audience with her back to the rest of Council.
Who is Joe Wessels? Does he have a contract with the city of Loveland? And how do we pay him? Residents deserve to know. The email you can read below, from Joe Braun, Loveland City Solicitor, was sent to me on 5/15/2017 in response to a Public Records Request request that I sent to Clerk of Court, Misty Cheshire, on 5/10/2017 in regards to the employment of Joe Wessels as PR consultant and independent contractor for the city of Loveland.
On 5/11/2017, Wessels dedicated some time on the Loveland Community Heartbeat Political Action Committee (LCHPAC) Facebook page making public allegations that LCHPAC had been spreading false and misleading information to the public about the lack of engagement that Loveland City Council majority members have had with the residents of Loveland. At that time, Wessels stated that he is a new, part-time employee who represents the city, and he engaged with our stakeholders on our Facebook page from 7:45-11:50 AM, as well as a thread on another social media application used by Loveland residents, NextDoor. That thread may be seen in entirety here: https://www.facebook.com/LCHPAC/posts/451134371900703 .
[pull_quote_left]Of course, the big question residents should want to know: How much does the city pay for a public relations consultant to spend hours on Facebook?[/pull_quote_left]It seems prudent that anyone claiming to speak for the city should provide evidence to residents supporting that claim. Residents also have the legal right to review employment contracts and verify the authority by which contractors are hired. Of course, the big question residents should want to know: How much does the city pay for a public relations consultant to spend hours on Facebook?
[pull_quote_right]Is it possible that Joe Wessels is actually a campaign tool for the majority on council?[/pull_quote_right]This last question is especially important given his motivation to clean up the poor public relations problem of our city council, all of whom are elected by Loveland residents. Is it possible that Joe Wessels is actually a campaign tool for the majority on council, two of which are up for reelection on November 7th and one of which, Mark Fitzgerald, has petitions actively circulating to recall him to the 2017 ballot?
Given that the positions Wessels chose to take on the Facebook thread serve the interest of the current development philosophy and the positions of the majority on council who drive that philosophy, it does indeed appear that Joe Wessels is election campaigning for the majority members up for reelection (or protecting the job of the city manager, Dave Kennedy). Why else would the city need a PR person to troll a Facebook page of a political action committee established with the singular intention of removing those members from city council this year and of questioning the development agenda of the city?
[pull_quote_left]It does indeed appear that Joe Wessels is election campaigning for the majority members up for reelection.[/pull_quote_left]In particular, Wessels claimed that a 6-resident session at the high school in February of 2016 somehow counted as sufficient engagement to endorse the current plan to demolish and rebuild city hall. I personally would like to call Wessels out on that information as patently false and unsupported by minority on council who attended, as neither was a 4-story, multi-use city hall project discussed at that meeting, nor has the city done any outreach to engage residents on this particular project (or any other development planning in the last eight years). Residents deserve to know we’ve been sidelined for nearly a decade, and we are clearly not going to get that information from Wessels or majority council. But let’s take a look at the money spent to cover up this unfortunate truth.
[pull_quote_right]Why else would the city need a PR person to troll a Facebook page of a political action committee?[/pull_quote_right]Anyone who cares to stop abuse of tax payer funds and abuse of power should see the following employment documents for Joe Wessels (no contract exists, which means the authority to hire him is in question). Given the hourly rate of $125, Joe Wessels, an independent contractor who trolled the LCHPAC page from 7:45 AM until 11:50 AM on May 11th, will charge the city $500 to counter a single morning on the Loveland Community Heartbeat Facebook page. At 20 hours per week, Wessels will earn $2500/month, $30,000/ year to do the job that our majority on council should be doing to improve the poor relations between city council and Loveland residents.
I challenge Dave Kennedy, Loveland city manager, to produce authorization by ordinance or charter to pay for the ongoing public relations services of Joe Wessels. And I call to all Loveland residents to vote accordingly on November 7th, 2017.
(Like and Follow Loveland Community Heartbeat on Facebook for daily updates on our efforts to hold majority council accountable on election day.)
It’s time to Stand Up, Loveland!
Halie Rebeccaschild is a Loveland resident and Secretary of Loveland Community Heartbeat Political Action Committee
You requested the following public documents from the City of Loveland:
Any and all documents that detail Joe Wessels’ job description, salary, and any charter section or other materials governing his employment with the city and his salary amount. Some of what you requested is information — not a public document. Notwithstanding, in response to your public document request I am attaching any and all public documents in the possession of the City related to the work being performed by Joe Wessels. The City has no document that is a contract or job description responsive to your request.
You should be advised that no documents are being withheld for any statutorily permitted reason or any privilege. There are two redactions made to the documents related to his social security number and federal tax ID number.
Thanks,
Joe Braun
Joseph J. Braun | Shareholder
STRAUSS TROY CO., LPA
The opening paragraph and first salvo of a lawsuit alleging City officials violated open meeting laws on two separate occasions.
Loveland, Ohio – Loveland resident, Patty Horton-Sandmayr has sued the City of Loveland, individual council members, the City Finance Director, the Community Improvement Corp (CIC) and four of its members for violating Ohio’s open meeting law. She alleges Council illegally went into an executive session on September 13, 2016. She also alleges four members of the CIC went into an illegal closed-door meeting on March 20 of this year. She is asking the Clermont County court to prohibit these actions in the future by issuing an injunction, restraining the City, the CIC, and the individuals, from committing further violations of Ohio’s Open Meeting Act. She is also asking the City and the CIC to each pay a civil forfeiture of $500 each, court costs, and the cost of litigation.
Horton-Sandmayr told Loveland Magazine, “It is time for the people of Loveland to know what our local government is doing. I felt it was time to put all of Loveland issues on hold – hoping we can work together as one community to keep our wonderful town fun and peaceful”.
City Attorney, Joe Braun told Loveland Magazine in an email on Saturday morning, “The lawsuit claims City Council and the Community Improvement Corporation of Loveland failed to designate in their minutes on two occasions the proper section of Ohio law when holding an executive session. I have reviewed the lawsuit and it is based on inaccurate information and has no merit under law. The City will vigorously defend it and seek to have it dismissed.”
Loveland Magazine followed up by asking Braun, ”What information in the suit is inaccurate? Is it that the minutes were not written accurately? Were the proper citations made orally before going into executive session? Or is it something else specifically?” Braun has not responded with an answer.
You can read the complaint that was filed in the Clermont County Court of Common Pleas here: Complaint
Named individuals are Mayor Mark Fitzgerald, Vice-Mayor Angie Settell, and councilmembers Kathy Bailey, Pam Gross, Ted Phelps, Rob Weisgerber, and Steve Zmagias. The Community Improvement Corporation members named are, Cory O’Donnell, Jay Stewart, Karl Weidner, and Kelly Flanigan who is also the City Finance Director.
Horton-Sandmayr said that her family moved to Loveland in 1967, and she moved back in town about eighteen years ago.
The CIC is an Ohio not-for-profit, quasi-government agency of the City of Loveland. Recently the CIC has made a controversial recommendation to City Council to demolish City Hall and replace it with a possible 4-story office building in Loveland’s Historic District with one floor of retail, City Hall on the second, and two additional floors of apartments. The CIC has come under fire by both residents and some members of City Council for meeting in a too-small room and during non-traditional hours for public meetings. The CIC has also recently been given the responsibility of selling and developing the City purchased, Loveland Bowling Lanes.
The lawsuit doesn’t purport to know what was discussed during the meetings the public was prohibited from attending other than generic economic development issues that the bodies shouldn’t have been discussing behind closed doors. Horton-Sandmayr told Loveland Magazine on Saturday that she is in the dark as to what was discussed. Neither City Council nor the CIC publishes minutes of their discussions when they are behind closed doors.
Horton-Sandmayr’s attorney is Matt Miller-Novak with the Cincinnati law firm of Godbey Law.
Good afternoon. I am a relatively new resident, having moved my family from Blue Ash to Loveland in 2014, though I grew up in Symmes Twp. and have spent a great deal of time in Loveland since childhood.
I am writing to share my disappointment in the recent activities and decisions regarding the future of City Hall, as well as ask some questions so that I may have a better understanding of the process.
There are many questions being circulated amongst residents, of which I am sure you are aware. There was a motion made at the May 9 th meeting by Mr. Weisgerber to engage with the public in discussions and idea-sharing sessions, to hold a true dialogue. To me, this would be a tremendous step towards resolving some of the hostility currently being displayed between residents and council.
[pull_quote_right]To those of you who voted against this motion, your lack of willingness and openness to this engagement is disheartening at best.[/pull_quote_right]
To those of you who voted against this motion, your lack of willingness and openness to this engagement is disheartening at best, sorely disappointing, and quite frankly, feels like a violation of the trust we, as residents, should have in our elected officials.
I am not opposed to change and well-planned, well-thought out growth and development, but I do have many questions about the City Hall project. As much as I appreciate the opportunity to attend the CIC meetings to possibly get answers to these questions, I am unable to do so. Like so many residents, I hold a full time job during the day which precludes me from attending, so I am posing some of my questions here.
I have copied Mr. Kennedy as well in hopes that someone can and will provide some insight for me on the following.
1. Can you please tell me, what is the harm in slowing this process down just a little, for, if nothing else, the sake of repairing relations with the citizens you are supposed to be representing?
2. Are there significant financial (or other) consequences of pushing this project back 6-12 months to allow for better education of and input from residents?
3. If Loveland does not have the infrastructure (streets, parking, etc.) to accommodate large community events, how will the increased traffic and stress of so many additional apartment units be handled?
4. Have any environmental studies been conducted, or when will they be done? I am curious about this given the proximity to the river and the floodplain status of the property, as well as for the impact the dust and debris will have on neighboring businesses and residents.
5. How can we be assured the architecture and design of any new building will fit in and help maintain the quaint, historic charm of our downtown? Something that was missed with Loveland Station and the new “Historic Downtown” sign at Veteran’s Park. Will there be scheduled and announced times for residents to provide any input on the design plans?
Loveland Sweets is a purveyor of hand-crafted chocolates, caramels, marshmallows, and ice creams. Our house-made candies are prepared in small batches.
In describing her version of how the dust-up transpired, Pam Gross turned to Kathy Bailey and said, “And, you can sit there and think, oh, whoopee-do – but, it’s a big deal.”
Loveland, Ohio– CeeCee Collins, the President of the Little Miami Chamber Alliance appeared at the Loveland Council meeting on April 11 and spoke at the open forum about the Chamber’s recent expansion into Miami and Symmes Townships. She talked about Chamber programs and how they have helped new members since the expansion.
Collins also commented on what she described as, “The two events that were taken from the Chamber” by the City of Loveland: Christmas in Loveland and the annual Fourth of July Celebration. She said, speaking about their Firecracker Festival and why it was moved to Symmes Township, “Make no mistake, we were consulted by City Staff and Council to do so.” She said the event was moved to “appease” leadership at City Hall. She said the Chamber wants to reach out to the City and let them help with these two events that last year cost the taxpayers over $20,000 when the two events were organized by City Staff. She said if the City should decide to again to partner with local businesses, the events would cost taxpayers nothing or a minimal amount.
She asked Council to vote during the meeting to return both events to the Chamber. “We hope you will put your City and the businesses first.”
Councilwoman Kathy Bailey made a motion to return the events to the Chamber. She said there is no question the City lost money on the events and, “We’ve got someone willing to run them – that’s run them well.”
In making a case for the City retaining the events, Councilwoman Pam Gross said that the Chamber’s vision for a community event is not “Our vision of a community event.” Gross continued by going over her interpretation of why the Chamber’s Fourth of July event was moved to Symmes Township’s Home of the Brave Park. She said that behind the City’s back, Collins contacted Symmes officials in March of 2016 because the Chamber wanted to have the Firecracker Festival in one of their parks. She turned to Bailey and said, “And, you can sit there and think, oh, whoopee-do – but, it’s a big deal. “The point is, they want to grow their event and I respect that, but, logistics here in Loveland and the infrastructure here in Loveland does not fit an event of 10,000 or more people.”
Gross said, speaking about Christmas in Loveland, “No one can steal events.”
Laughter of disbelief came from the audience with someone saying, “Yes you did.”
Gross responded to the audience by saying, “Excuse me. You cannot steal something that does not belong to you, OK? The events belonged to the community. These were community events. Cities all across the United States put on events and they put on these events because it fits what they think the community wants and needs.” Gross said she does not support Bailey’s motion.
Councilman Steve Zamagias said he didn’t think Council should vote on issues that the Chamber and City staff should work out.
Bailey, Ted Phelps, and Rob Weisgerber voted to return the events to the Chamber. Angie Settell, Steven Zamagias, Mark Fitzgerald, and Gross voted, “No.”
BACKGROUND: “On the sly” – How City Hall pirated Christmas in Loveland
Loveland, Ohio – This memorandum is the Community Improvement Corporation’s (CIC) update to City Council regarding their recommendations and options for build a new City Hall. This recommendation is set to be presented to City Council at their regular 7 PM meeting on May, 9. City Council is expected to vote on setting a date and time for public hearings on the recommendation.
Loveland, Ohio – On Tuesday. May 9 at 7 PM during the Loveland City Council meeting, Community Improvement Corporation (CIC), President, Jay Stewart is scheduled to present their “City Hall Repurposing Recommendation” to Council.
Council is expected to set a date for a public hearing on the recommendation.
Also, here is the revised powerpoint presentation issued by the CIC that was prepared by consultant Ken Geis with facts and figures about what a new City Hall might look like and the costs associated with several variations. New slides were added last week to reflect a proposal by Councilwoman and CIC member, Pam Gross to include a 2-1/2 story building. This proposal is for an indoor/outdoor rooftop area to be used for such gatherings as weddings or events such as held at Receptions on Loveland Madeira Road, according to Gross. She also said that if a bar or restaurant is located on the first floor of the new building, they might want to lease the rooftop as well.
The final videos have been up-loaded including recommendation to City Council
Loveland, Ohio – The Community Improvement Corporation (CIC) got serious with numbers on April 24 when consultant Ken Geis brought slides with his facts and figures about what a new City Hall might look like and the costs associated with several variations.
These LOVELAND MAGAZINE TV videos are the only recording of the meeting and will be presented in several parts so viewers can digest what is being proposed – stop, then go back at your viewing pleasure. Not all of the meeting video has been up-loaded yet, so return here tomorrow to see more. You will find that the conclusion of the meeting is most revealing.
For most of City council and staff, this is also their only opportunity to see what transpired at this 1 PM meeting. The Fire Marshall came and reduced the number of attendees in the too small, crowded room which included some city staff who volunteered to leave. Some members of the public never quite made it into the undersized room in the first place.
Also, as an exclusive to our readers, CLICK below to see all of the slides Ken Geis used while making his presentation to CIC.
![[EDITORIAL] Council and City staff must curb Mayor Fitzgerald’s reign of error](https://lovelandmagazine.com/wp-content/uploads/2017/06/qtq80-7MqV1B-100x65.jpeg)
by Halie Rebeccaschild
by Stacy Mullenix
![[Exclusive Video] How new City Hall project will be rolled out to the public](https://lovelandmagazine.com/wp-content/uploads/2017/05/maxresdefault-1-100x65.jpg)
![[Exclusive Video] CIC’s talks dollars and cents on new City Hall](https://lovelandmagazine.com/wp-content/uploads/2017/05/pro-forma-feature-w-lines-1-100x65.png)
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