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Have the voters spoken?
The council seat of former mayor Mark Fitzgerald will remain vacant after newly elected members take office on Monday, December 4. They will appoint a new mayor who can then nominate someone for the remaining two-years of Fitzgerald’s term.
Eight people ran for election to the council on November 7 for four open seats and Andy Bateman received the 5th most number of votes. Have the voters spoken? Should Bateman get a seat on City Council?
VIEW ELECTION RESULTS
by David Miller, Editor
The announcement continued, “Thus in 2017, the plan is for the current City Hall to be demolished. The planned replacement (elevation renderings shown above) is a four story building.“
The story sounded a little fishy to Loveland Magazine as we keep a pretty close eye on City Hall and we had never heard of the proposal, let alone how it could be a done deal. Also to be sure we did not miss something we 
researched past meeting minutes and found no council vote… no discussion… nothing. Someone at City Hall had written a story that wasn’t true, yet that didn’t stop the Loveland Herald from running with the story. Why wouldn’t they, they would not know better as they had stopped attending Loveland Council meetings years ago. Never-the-less, the Herald was able to gather enough quotes to write about the imminent demolition of Loveland’s City Hall.
Loveland Magazine never reported the story because we knew it was not true.
The newsletter and the Herald story fit the textbook definition of “fake news”, except it wasn’t going to end up being “fake” if City Hall could get away with the backroom scheming it took to hatch the plan. Many residents had different ideas.
The other things residents became aware of was the sudden announcement to impose very high fees and severe restrictions for community groups holding public events. Many residents had different ideas.
Add to that, the announcement that Donna Bednar would not be re-appointed to the Loveland Beautification Committee, and the subsequent resignation of all but one member.
Add to all of this upheaval was when behind City Hall’s closed doors a decision was made to “Trademark” the name Christmas in Loveland and the surprise announcement that City Hall had usurped the event that belonged to the Little Miami River Chamber Alliance.
It’s where the hashtag, “#lovelandtransparency” comes from.
This is where the stories below start and will give readers a final chance to catch up on our City Hall reporting (including the successful re-call effort of the sitting mayor) before they go to vote next Tuesday. These are resident views, candidate views, and some of the legal challenges both residents and council members faced this past year.
These stories below appear in the order they were published – oldest to newest.
by Neal Oury,
For the THIRD time, I am making transparent the information regarding the law suits in which I have been named and my experience with personal bankruptcy. Regardless of Ron and Fran Patterson, of Patterson Plumbing and Tim Canada, of Bond Furniture and their motive in bringing these to light AGAIN, this has become way more then bad politics. While I do recognize that as an individual seeking public office, such matters are up for public scrutiny, I will address each case individually. For this group to continue to attack me and attempt to damage my reputation, is not only incomprehensible, it is borderline harassment.
For this group to continue to attack me and attempt to damage my reputation, is not only incomprehensible, it is borderline harassment.
With regard to the lawsuits mentioned, I’ve spent thirty plus years in the property management and the building and construction business, and sadly, law suits are a reality of these industries. Of the suits in which I was named, all suits were related to real estate and only four were deemed by the court to hold merit. These four have to do with filing for personal bankruptcy protection.
With regard to my filing for Chapter 13 bankruptcy, I will be honest it was an extremely difficult time for my family and me. As a culmination of the economic downturn in 2008-2010, the housing market and remodeling business depleted to nothing. My mortgage on my business property was with 5/3 Bank who called my mortgage due. Unfortunately the economy did not recover and the lack of business led to a situation where I was not able to meet my financial obligations. However painful the experience, I took responsibility, made reparations, and continue today following through on my commitment to pay that debt. It has been a long and difficult road, but as the saying goes, what doesn’t kill us makes us stronger. I believe it’s these personal challengers that I’ve faced and overcome that give me an understanding of the struggles many of our residents may be facing. More, my ability to overcome them speaks to my integrity and strength of character.
Since the Patterson’s have currently specifically identified each case, I feel obligated to provide the specific details of each suit. Therefore, please refer to the spreadsheet breaking down each case, by case number, detailing each complaint and their outcome along with a summary above.
Since the Patterson’s have currently specifically identified each case, I feel obligated to provide the specific details of each suit. Therefore, please refer to the spreadsheet breaking down each case, by case number, detailing each complaint and their outcome along with a summary above.
I have repeatedly said, I will be accountable, open and honest with the community. Ethics is important to me. I will make sound and moral judgments in my decisions and my actions. Community engagement is necessary, I will participate in collecting residents’ and businesses’ input, and actively work to make a difference for the City of Loveland’s future. If elected, as a member of Loveland’s City Council, I will listen and respect the opinions of all council members, business owners, residents and guest. I will bring to this body a skill set of organization, rational decision making and a inclination to detail with honesty, common sense and integrity.
Respectfully submitted, Neal Oury
Neal Oury is a first-time candidate for Loveland City Council
Loveland chiropractor Douglas Portmann, DC at Wards Corner Chiropractic & Sports Rehab is one of the best chiropractors in the Loveland Area.
“Let’s talk about character, by all means.”
by Halie Rebeccaschild,
Neal Oury has offered to dedicate himself to the good of the Loveland community though public service as a city council member over the next four years. He has fought to remove those who have sought to exploit our city, selling it off without your input, and for that, he’s facing serious backlash. Many people might not have had the courage to do what he did, standing up to Mark Fitzgerald this year. People are afraid, and we can see why from the character assault on Neal Oury. It takes tremendous character to bravely face down those with very little themselves.
Many people might not have had the courage to do what he did, standing up to Mark Fitzgerald this year.
Now, he’s being accused of hiding financial difficulties he faced nearly a decade ago. Let’s talk about that.
Neal Oury filed Ch 13 bankruptcy years ago and has continued to pay his debts, overcoming a serious financial setback. That’s exemplary! His family has a proven track record of overcoming obstacles. When asked, he has responded with openness, honesty, and humility about a painful time in his life.
Previous life lessons do not necessarily create bad people.
Previous life lessons do not necessarily create bad people. In the case of Neal and Lynn Oury, it’s created warm, compassionate, community-minded survivors whose record of volunteer service in the last ten years right here in Loveland would put most people to shame. They served this community even as they worked to overcome their financial difficulties of the past.
Neal Oury is an honest and humble community-minded, public servant who has overcome challenges, which is exactly what we need leading our city going forward. He’s proven that he has the life experiences and fortitude to lead us out of the mess Mark Fitzgerald and his majority voting block on city council created. More, he’s pledged to give residents a voice by driving neighborhood representation.
I say, bring on Neal Oury for city council. Let’s see what he can do to help move Loveland forward and out of the mess of the last 2 years.
Vote Oury on November 7 with pride!
Best regards to you, Loveland neighbors.
Halie S. Rebeccaschild B.A., M.A. is the Secretary of the Loveland Community Heartbeat Political Action Committee
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.
by James McKenna
I find in myself a sliver of common ground with Ryan Kulik concerning Rob Weisgerber. (Ryan Kulik: Loveland Deserves a Better Class of Politics)
In years past, I haven’t been thrilled with some things Mr. Weisgerber has done. But that’s the extent of my agreement with Mr. Kulik. In total, my experience of Mr. Weisgerber’s tenure on council has been positive. I wasn’t so happy about his part in the mess that eventually became the hulk at the corners of Loveland, Second, and Broadway, but it’s done and the city seems to be more or less the better for it. Certainly more business is being transacted. The basis for Mr. Kulik’s position that Mr. Weisgerber is anti-business is not clear to me.
During the years when Mr. Fitzgerald’s group managed things, we saw back-room dealing, attempts to subvert the rule of law, and forceful silencing of the public.
My money is on Mr. Weisgerber and those who, I hope, will bring balance back to council.
James McKenna lives on Maple Avenue in Loveland
Loveland, Ohio – The resignation of Mark Fitzgerald from City Council has left a vacancy. Fitzgerald resigned on August 14 rather than face a recall election this November. The six remaining members will vote on a replacement. The City released the below press release seeking applicants for those wishing to be appointed to the vacant seat.
Loveland City Council will begin the process of filling the unexpired term of Councilman Mark Fitzgerald, whose term was set to expire on December 2, 2019.
Loveland residents interested in serving in this position are encouraged to submit an application and a resume to the Clerk of Council by 4:30 p.m. on September 5, 2017, at City Hall, located at 120 W. Loveland Avenue, Loveland, OH 45140. Applications are available at City Hall or on the City’s website, www.lovelandoh.gov.
Applicants must be a registered voter, must reside within the City, have lived within the City limits for at least one year preceding the appointment, and be at least 18 years of age.
Here is the application the City wants you to use: Loveland City Council Member Application-1
– Loveland Solicitor Joe Braun
Loveland, Ohio – Loveland Magazine obtained a legal opinion written by City Solicitor Joe Braun today that throws a monkey wrench in the selection of Angie Settell as Loveland’s new mayor and Pam Gross as vice-mayor.
In the opinion, Braun said that the special meeting called by then Mayor Mark Fitzgerald for last Monday was not a legal meeting and voids the business conducted at the meeting.
The Clerk of Council had failed to post a notice of the special meeting 12 hours beforehand as required by Loveland law. The notice was put on the bulletin board outside City Hall four hours short of the 12 hours required.
Braun said, “The day after the August 14, 2017, special City Council meeting, I was advised by Councilwoman Kathy Bailey that a resident contacted her and alleged that the City had failed to properly advertise the special City Council meeting. Specifically, the resident indicated that the Clerk of Council had failed to comply with Section 109.04 of the Loveland code of Ordinances.” Braun continued, “I cannot ignore the fact that the posting requirements of Section 109.04 of the Loveland Code of Ordinances were not adhered to by the Clerk of Council. As such, any action taken by Loveland City Council at its August 14, 2017, special meeting should be deemed without legal effect.”
Fitzgerald stepped down as Mayor at the meeting so that he could still cast votes on who would be the next mayor and vice-mayor. The votes were 4-3 in favor of Settell and Gross. After the meeting was over, Fitzgerald distributed a letter that he was resigning from Council.
Braun’s legal opinion does nothing to affect the decision by Fitzgerald to resign his seat on Council which he submitted to meet a deadline of the Hamilton County Board of Elections who gave him a midnight deadline to either resign or face a recall election in November.
Council remains a six member body. Council must begin again at a legal meeting nominating one of their own to be mayor and vice-mayor. A decision not made easy because Council is evenly divided into two camps of three members each. Braun said that Settell remains as vice-mayor is now also the presiding officer of meetings and might remain as such until November when voters fill the four open seats on the fall ballot.
A six member Council after the November election might still deadlock on a selection of mayor, vice-mayor, and someone to fill Fitzgerald’s remaining two year-term. Brauns opinion did not address that possible scenario.
Braun’s opinion at least temporarily strips Settell of her Mayoral duties and her ability to unilaterally appoint Fitzgerald’s replacement if the 3-3 divided council cannot agree on who it should be. Before Braun’s opinion, Settell had to wait for 30-days to make an appointment, but as of today, he said the decision must wait until after the November election.
Braun reached the following conclusions:
(1) I cannot ignore the fact that the posting requirements of Section 109.04 of the Loveland Code of Ordinances were not adhered to by the Clerk of Council. As such, any action taken by Loveland City Council at its August 14, 2017, special meeting should be deemed without legal effect.
(2) The election of Mayor and Vice Mayor at the special City Council meeting of August 14, 2017 was not proper. Ms.Settel should maintain her role as the Vice Mayor of Loveland and serve as the presiding officer of all City Council Meetings given the vacancy left by the resignation of the Mayor as a member of City Council.
(3) The decision to fill the empty City Council seat left by the resignation of Mark Fitzgerald vests with the remaining six members of this City Council Should those remaining six members not be able to reach a majority consensus before a new City Council is elected and seated in November 2017, then that City Council shall fill the vacancy created by the resignation of Mark Fitzgerald under Section 2.03 of the Loveland Charter.
(4) The position of Mayor of Loveland shall remain vacant until a new election takes place by the remaining members of City Council, or until an organizational meeting is held and a new Mayor is elected by the newly elected City Council in November pursuant to Section 2.05 of the Loveland Code of Ordinances.
(5) Because the resignation of Mark Fitzgerald as a member of City Council took place after the special meeting, and not during it, the resignation is still effective as of 11:59 p.m, on August 14, 2017.
Neither Settell or Gross replied to a request for comment before publication deadline.
Here you can read the full text of the Solicitor’s Opinion: LOVELAND SPECIAL MEETING LEGAL OPINION-1
This story was up-dated Friday, August 19 at 1:50 PM
Read background about the illegal meeting:
“There is little doubt in my mind of prevailing in an election this fall. It’s a shame that a small group has seen fit to drag the city’s great image through the mud to further their vicious and unfounded personal attacks on me.”
Loveland, OH- On the evening of Monday, August 14th, then-mayor Mark Fitzgerald called a meeting to order. The special meeting was, according to a press release, intended to “respond to matters related to the recently filed petition seeking his recall as a member of City Council”. Fitzgerald would go on to resign his seat as mayor. Angela Settell took his place as Mayor and Pam Gross was named Vice-Mayor. After adjournment, a letter was distributed explaining that Fitzgerald would resign his council seat.
Fitzgerald, who has served ten years as an elected individual and was two years into his term as mayor, began the meeting with a speech. Fitzgerald was once Loveland’s City Manager.
“There is little doubt in my mind of prevailing in an election this fall. It’s a shame that a small group has seen fit to drag the city’s great image through the mud to further their vicious and unfounded personal attacks on me,” Fitzgerald began.
In his address, he defended his personal integrity and criticized the petition and those circulating it who were seeking his recall, calling it “nefarious activity”. He went on to attack the political action committee (PAC) that funded the petition and individuals who had helped run the petition for recall.
“Who are these people? Do they live in Loveland? Who are their sponsors? Based on the PAC’s financial report, they shouldn’t be able to afford much expensive legal help. What are their names? Some seem to have multiple names. What is their past profession? How have they performed professionally? Are they successes? Or are they business failures? Bankrupts? Do they frequently change addresses, names or jobs? What are their work records? Do they work?” asked Fitzgerald.
“Have they received special considerations that have to do with these relationships such as forgiven utility bills or no interest loans?” the mayor continued, to incredulous laughter from the audience.
Fitzgerald denounced the language and accusations in the petition for vagueness, and made tacit jabs at individuals and members of the local media.
Fitzgerald then resigned his position as mayor (although not his council seat).
“Watch out…” Fitzgerald gestured to the audience “…For wolves in sheep’s clothing.” This was met with boos and jeers. “At this time, I would like to be relieved of my position and duties as mayor, and will entertain a motion from council for the selection of a new mayor,” finished Fitzgerald.
In order to fill the vacant mayor position, a nomination and council election was performed. Previous Vice-Mayor, Angela Settell, was sworn in as mayor by Fitzgerald. Next, in order to fill the vice-mayor seat, council member Pam Gross was nominated and elected.
Upon adjournment, Fitzgerald still held a seat in City Council, but had until midnight to resign or else face a recall vote. Fitzgerald refused to speak to the press. New vice mayor Pam Gross declined to interview.
“[Fitzgerald] has stepped down as mayor, so there will be no recall in November,” Mayor Angela Settell explained to Loveland Magazine. Shortly thereafter, a letter from Fitzgerald to Council Clerk Misty Cheshire was distributed:
Ten years is a long time to serve in an elected position. There is wisdom in the 22nd amendment limiting term of office for the President. Subsequently, the state of Ohio has done likewise for its governor and general assembly. If it is good policy for the country and state it should be applied to Loveland Council as well.
It is in this spirit that effective at 11:59 p.m. Monday August 14th, 2017, I resign from Loveland Council as well.
Sincerely,
Mark J. Fitzgerald
“Council will have 30 days to reach an appointment. If they can’t reach an agreement within those 30 days, Mayor Settell will have the ability to fill that seat. Under our charter in Loveland, that person will fill that seat for the unexpired term of councilmen Fitzgerald,” expalined City Solicitor Joe Braun. There are two years remaining in the term. “If he had waited past those 5 days [the maximum amount of time to resign], a recall vote could have been held by the people,” continued Braun.
“My feelings are one of disappointment– this didn’t have to happen tonight. I don’t think anything had to happen this way. The notice was too short, it wasn’t open to the public which is what this has all been about,” claimed council member Rob Weisgerber in an interview after the meeting. “We have a bad reputation but it’s easy to fix. Once we start having an open dialogue, open to the public, open to discussion, it’s easy to turn this back around. And I think that’s what we have to go though,” Weisgerber continued.
Ted Phelps described the election of a new mayor and vice-mayor as clique politics, stacking the deck, and gaming the system.
Councilmember Ted Phelps said, “I am mad. It’s to the public’s detriment. I’m sorry this happened tonight.” He described the election of a new mayor and vice-mayor as clique politics, stacking the deck, and gaming the system. “There was no reason why we needed to vote on a new mayor and vice-mayor today. The public didn’t know this was coming up for a vote. I didn’t know.” Phelps said no one had time for serious consideration on an important issue. “This is exactly why people are up in arms about the way the City conducts business on City Council – because it is in a way that’s not up front, it’s not honest. It’s not fair because someone who could be resigning from our Council tonight is given the right to have a say in who gets elected to be the next mayor. So it’s for that reason I am not at this point in time able to congratulate either the new mayor or vice-mayor.
Neal Oury who was a leader in the ouster of Fitzgerald and intimate in the two successful recall petition drives issued this statement to Loveland Magazine:
This little “small group”, as he called the Recall Committee, is many in size, with over thirty petitioners collecting signatures, 2000 plus residents behind us, not once – but twice, makes a profound statement. Those signing the petitions equal approximately thirty-five percent of all the residents who voted in the last election. They were certified by the Board of Elections as Loveland residents. Their “professions, successes, failures and utility bills” are immaterial and, frankly, an insult to the community. The resigned ex-mayor’s unprofessional rant last night was like so many other council meetings he has presided over. The disorder, rude, verbal attacks and skullduggery are always evident. He is the one who has dragged the city’s image through the mud.
This LOVELAND MAGAZINE TV video is the resignation speech Fitzgerald gave to start the Council meeting.
Below is a re-broadcast of the entire council meeting from LOVELAND MAGAZINE TV which broadcast the meeting live
Loveland Magazine kept the camera live feed rolling and conducted several interviews after the meeting adjourned. Near the end reporter Sam Smith reports that Fitzgerald had submitted a letter of resignation.
At the -30:03 min. mark Councilmember Ted Phelps is interviewed and expresses his anger at what happened. At the -25:43 min. mark is an interview with Councilmember Rob Weisgerber expressing his disappointment. At the -18:17 min. mark council candidate Neal Oury is interviewed. At the -15:46 min. mark Reporter Sam Smith breaks the news that former Mayor Mark Fitzgerald has submitted his resignation from the Loveland Council. At the -14:43 min. mark Tim Butler candidate for Council is interviewed. At the -2:08 min. mark City Solicitor Joe Braun explains how the replacement of Mark Fitzgerald will happen.
This story was up-dated August 15, 2017 at 8:33 PM
Loveland, Ohio – Mayor Mark Fitzgerald has called for a special meeting of Loveland City Council for tonight, Monday, August 14, at 7 PM at Loveland City Hall.
According to a press release issued by the City, “The purpose of the special meeting is to respond to matters related to the recently filed petition seeking his recall as a member of City Council, and to take up any other matters that may lawfully come before City Council.”
City Hall just got around to publishing the agenda for tonight’s meeting and announcing the meeting on their website. “Open Forum” when the public is allowed to speak and is a usual requirement of every City Hall meeting is not on the agenda.
Mayor does not need to call a “Special Meeting” to comply…