Neal Oury says this is the third time he has answered the question.
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
The assertion was false and heedlessly made without full knowledge of the facts.
I want to take this opportunity to set the record straight. The assertion made by a local business owner and council member that illegal payments were made to a contractor the City used throughout 2013 is false and was heedlessly made without full knowledge of the facts.
During the 8/22/17 Loveland City Council meeting, Mr. Tim Canada, of Bond Furniture, addressed city council about transparency in Loveland politics. (See video below) Mr. Canada asked questions about payments made to a contractor the City used throughout 2013. During this same address, he asked for a subpoena of the former city manager and Pam Gross asserted the referenced payments were illegal. In a subsequent email from Tim Canada, he also asserted the payments to the Colwell Group were illegal.
While Mr. Canada wanted an immediate response in the moment, given the inflammatory nature of the inquiry and Ms. Gross’s statement, I chose to hold my response so that I could research the matter in question and consult with the appropriate people to ensure my response was accurate. Knowing full well that I was risking more inflammatory accusations by not answering questions at that moment. I have no interest in participating in the kind of inflammatory and reckless rhetoric heard at the 8/22 council meeting.
There was absolutely nothing illegal regarding the contracts with the Colwell Group, nor were any city procedures or spending authority violated.
After proper review, including discussion with Loveland’s city solicitor and Mr. Colwell, I indeed have answers to Mr. Canada’s questions. I will start with this fundamental fact: There was absolutely nothing illegal regarding the contracts with the Colwell Group, nor were any city procedures or spending authority violated.
The Colwell Group is a professional organization providing help and solutions to political subdivisions in Ohio. The City of Loveland hired the Colwell group for three separate engagements covering lobbying to get state funding for performance measures, working with ODNR and the railroad on quiet zone needs, and working to secure a grant from ODNR for parking. All three agreements were properly reviewed by legal and the finance director, and all three efforts were at or under the legal spending authority of the city manager, per the city’s rules. Under the final contract, the Colwell Group secured between $300,000 and $350,000 in a grant from the Ohio Department of Natural Resources (ODNR) for the downtown parking area that is now the Linda Cox lot. That represented a 20X return for the taxpayers of Loveland.
Mr. Canada often references his extensive research, yet the facts of these contracts were readily accessible, had this information been his primary interest or objective.
Mr. Canada often references his extensive research, yet the facts of these contracts were readily accessible, had this information been his primary interest or objective. Whether at a meeting or in emails, calling for subpoenas and lobbing terms like “illegal” and “tarnished reputation” make for great drama in the moment, but when invoked without proof or cause, they are irresponsible and reckless. Mr. Canada is creating the very negativity he has lamented repeatedly from the podium.
With more than 20 years proudly serving the City of Loveland as a representative of city council, I cannot claim to have never made a mistake or a decision I regretted in hindsight. But I have always made decisions with the best interest of the city and its residents in mind, and to the best of my ability with the information available at the time. I intend to carry this same approach forward, with greater council collaboration, communication and resident involvement. Loveland residents deserve nothing less.
Rob Weisgerber is a Loveland Council member and running for re-election this November.
Here is video from LOVELAND MAGAZINE TV showing what was said by Tim Canada and Pam Gross during the August 22 City Council meeting:
We promise the best customer service, and beyond a doubt, the best selection of merchandise in the area Pizazz Studio is a whimsical gift shop in downtown Loveland.
Loveland, Ohio– Businessman Tim Canada placed a four-inch thick binder on the shelf under the speaker’s podium before speaking at the Loveland Council meeting on August 22 saying he represented several local businesses. He said that since there was so much said during the campaign to recall former Mayor Mark Fitzgerald charging him with not being transparent, he was putting all candidates on notice. He said, “Going forward every candidate and council person will be under scrutiny for transparency.” He said their efforts would also be directed at The Little Miami River Chamber Alliance and the Loveland Community Heartbeat PAC. He said the business people would be speaking for the next eight weeks about transparency – going back to 2007.
Canada said that Halie Rebeccaschild had used two different names on campaign finance reports submitted to the board of elections that were submitted by the recall campaign committee. He inferred it would be election falsification and that it would be a fifth-degree felony to do so.
Canada continued saying, “It bothers me to do this, but I am going to do it anyway.” He then went on to talk about a candidate for Council, Neal Oury, outlining past law suits he has been involved in and his personal bankruptcy.
After Canada made the public statements that were aired on the live Facebook feed of the council meeting by LOVELAND MAGAZINE TV, Rebeccaschild and Oury were asked if they would like to respond to the things said about them by the business group.
Here are their responses:
– Halie S. Rebeccaschild
Loveland Community Heartbeat has amended the filing to correct the error. The mistake was in part due to a name change and the treasurer referencing an account not current with the name change at the time of entry to the ledger. Contrary to Mr. Canada’s suggestion, a filing error does not equate to a felony. According to the Hamilton County Board of Elections Campaign Finance Department, amendments to filings are quite common.
– Neal Oury
During August 22, 2017, Loveland City Council meeting business owner Tim Canada raised concerns over law suits in which I have been named and my experience with personal bankruptcy. Regardless of Tim’s motive in bringing these to light, I do recognize that as an individual seeking public office, such matters are up for public scrutiny and I will address them directly.
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. Six of these cases were dismissed due to a lack of grounds; in one action, six suits were filed for back taxes and I was named only as the mortgage holder for properties that I had sold on a land contract. Two suits were decided in my favor. The remaining suits were related to the bankruptcy.
With regard to my filing for personal bankruptcy… I will be honest it was an extremely difficult time for me and my family, and a situation which I am not eager to talk about. The 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.
To the degree that Tim felt it necessary to bring these events to light for the sake of transparency, as was demanded of Mark Fitzgerald during the recall drive, I will point out some very relevant differences. First, I have never been accused of fraud, as was the case with Fitzgerald; I have never been fired from a job due to issues of integrity. It appears Fitzgerald has been accused of misusing public funds, my financial hardship affected no one but my family. I have never walked out of nor been booed at any meetings. I take pride in my integrity to do what is right.
When I declared my candidacy for Loveland City Council, it was not with any pretense of my being perfect or not having experienced failure in my life. That decision was the result of my lifelong desire to make Loveland a better place, with city leadership that is inclusive, responsive and respectful of its citizens and to have an open dialogue with the community. With my candidacy comes a promise that I will work tirelessly for Loveland and with Loveland.
Respectfully submitted, Neal Oury
Below are excerpts from the speech Canada gave at the Council meeting.
Take Home Tano is about fresh, wholesome food for the frenzied family Our goal is to meet the needs of busy families that don’t have the time.
Loveland, Ohio – Eileen Washburn who lives at 10923 Rednor Court has filed her petition to run for a seat on the Loveland City School District Board of Education.
Timothy Butler who lives at 1102 Hickory Ridge Lane and Pamela Gross 343 Huntington Drive have filed petitions to run for Loveland City Council.
EDITOR’S NOTE: Please excuse the quality of our recent video work from the Loveland City Hall council chamber. After the City recently hired a Public Information Officer (PIO), LOVELAND MAGAZINE TV, USA-Today videographers, and Cincinnati Area TV stations have been put into a small corral to one side of the room, and the podium was placed so that when the public rises to speak, they have their backs toward the audience and our camera. We have talked to the PIO, City Manager and the Clerk of Council about how this arrangement significantly degrades our video, “The old set-up allowed a video camera to swing back and forth between those at the podium and the council table. That arrangement had been used for decades.”
Our plea has fallen on deaf ears. The PIO, however, did respond saying, “Unfortunately, the arrangement of the media area will not be moved to accommodate better angles at this time.”
So, for the time being, LOVELAND MAGAZINE TV is forced to show butts instead of faces, except when Councilwoman Pam Gross uses the podium. (See this recent video)
[/quote_box_left]Loveland, Ohio -Business owner and former Councilmember Tim Canada, and residents Diane Powers and Barry Kuhn want the community and Loveland Council to consider changes to Loveland’s Charter. Their proposal is for voters to directly elect the Mayor and Vice-Mayor, and to implement term limits for all members of City Council. They are presenting several proposals for Council to consider. They want Council to initiate putting the question to voters on the November ballot. However, if Council fails to do so, the three pledge to circulate Initiative petitions and get enough signatures so voters can make a decision this November.
Canada appeared at the July 11 Council meeting to explain their proposal.
Later in the meeting Council member Pam Gross made a motion to direct the City Solicitor to give Council a report on the process for a Charter amendment and to also prepare a report on how a “Charter Review Committee” would work. The motion passed 6-0. Mayor Mark Fitzgerald was not at the meeting.
Cc: City Administration, Council Clerk, Media personnel
RE: Open Forum Statement – June 27, 2017 – Governance: Elections
From: Diane Powers, Main Street, Loveland, OH
Note: This was the essence of my statement that I planned to make at Tuesday’s Council meeting prior to the abrupt adjournment. Thought sending it to you all now and making it a part of the City’s public records for citizen communication would keep at least my position open and transparent to everyone.
I want to address Council to share my thoughts on the governance of “We the People”—we citizens of Loveland. I feel there is a fundamental difference between politics and governance. Politics is a focus on the past, manipulating facts, and building small alliances and favoritism that are not representative of the citizens. What it appears we have now, and have had for the last 15-20 years. Governance, on the other hand, is how our elected officials and public employees interact with the citizens to create a community that improves the quality of life by ensuring equal opportunities and access for everyone. As elections are once again coming up in just over 4 months, I feel it is important to state my perspective of the difference and why my efforts are focused only on improving governance. [quote_right]If we want to fix the now, we have to fix the how.[/quote_right]
It was during the height of some of this campaign toxicity, about a month ago, I had made a statement on a Facebook “conversation” (and I do use that term lightly) that, “If we want to fix the now, we have to fix the how.” How we choose the leadership of Loveland. How we ensure the city does not stagnate under a system of “status quo”. How we communicate a vision for the city’s future and elect the individuals most in-tune with setting policies to bring the vision into existence – our Mayor and Council Members. How we citizens address how we want to be governed.
Simultaneously, it appeared to quite a few people that a good start to “fixing the how” was 2-fold:
To move to direct election of the Mayor. This will eliminate the equivalent of Loveland’s “Electoral College”—in essence, 4 people/Council Members—that select the Mayor. It will also require individuals seeking the office of Mayor publicly declare it.
a. Provide for the Council Member receiving the most percentage of votes in Council Member elections becomes Vice Mayor.
2. To establish term limits for all elected officials.
Attached are 2 DRAFT Motions for each Item that were created with verbal input from a number of Loveland citizens. Establishing the language of the ballot measure and change to the municipal code is most definitely open to and, asked for, respectful dialogue from each and every Loveland citizen, Council Member, and the Mayor. I have also attached reference municipal code for Direct Elections from Beavercreek, OH and Cincinnati, OH. Both are local, comparable City Manager/Mayor-Council forms of government. We see these as building blocks for the final ballot language. They are what Tim Canada, a stakeholder in Loveland, was going to bring forward for Council consideration at the Tuesday session. We will be prepared to move this forward via a ballot initiative with necessary eligible voter signatures if Council does not.
It would be encouraging to see any or all Council Members, including the Mayor, demonstrate they are truly independent thinkers and voices and want to let voters decide critical issues by showing their support of the Motions and offering to officially bring these to Council for discussion and potential vote. Having a symbolic “John Hancock” signature on the informal Motions would go a very long way in demonstrating an ability to govern and not just engage in politics as usual. (This was for the Draft Motions at the meeting. At this point, an official Motion from any/all of Council desired.)
Lastly, it is also important to note that “my voice” is used to improve governance and not to campaign for anyone. Who I support is declared at the ballot box with my vote. I would love to say there is a person running that I trust their integrity, authenticity, intelligence, independence, and ability to communicate (listen to all sides of an issue) but I am not seeing these leadership qualities emerge. There’s four months remaining—someone, anyone, please step up.
Thank you for your consideration.
Diane Powers
Main Street
Ordinance Language for Motion – Sample Beavercreek
Proposed language to Replace SECTION 2.05 ORGANIZATION AND MEETINGS and SECTION 2.06 MAYOR AND VICE-MAYOR.
Six (6) Council members shall be elected as Council members at large to four (4) year terms on a rotation of three (3) members selected in one election and three (3) members selected in the next. This rotation will begin with three (3) persons being selected at the 2019 November general election and three (3) selected at the 2021 November general election and will continue at the November general election in subsequent off numbered years. The Mayor shall be selected by separate ballot to a four (4) year term beginning at the 2019 November general election and each four (4) years thereafter.
(A) Term Limitation.
(1) In no case shall any person be elected to either the office of Council member, Mayor, or a combination of the two offices, for more than two (2) consecutive terms of four (4) years each; provided that the term served in filling a vacancy or unexpired term shall not be considered as part of the two (2) consecutive terms of four (4) years each.
(2) Following the election to two (2) consecutive terms as either Council member, Mayor, or a combination of the two offices, no person shall immediately thereafter be eligible for election to either office, or a combination thereof, until a period of one (1) term consisting of four (4) years has elapsed.
(3) No person who has been elected to two (2) consecutive terms as Council member, Mayor, or a combination of the two offices, shall be appointed to fill a vacancy or unexpired term until a period of one (1) term consisting of four (4) years has elapsed since that same person last held office as either Council member or Mayor.
(4) Present members already elected to more than two (2) consecutive terms as either Council member, Mayor, or a combination of the two offices, shall finish the present term to which they were elected.
This proposed Charter amendment shall become effective from the time of its approval by the electors and shall apply to all present Council members and Mayor.
SECTION _______. QUALIFICATIONS.
The Mayor and each Council member shall be at the time of election or appointment, and shall remain throughout the term of office, a qualified elector of the City.
The Mayor and each Council member shall begin their term of office on the first day of January following their election. The Mayor and each Council member shall take the oath of office on or before the first day of January.
SECTION ______ OFFICERS OF THE COUNCIL.
The officers of the Council shall be the Mayor and Vice Mayor.
(A) Mayor. The Mayor shall have the right to vote on all issues before the Council but shall have no power of veto. In addition to the powers, rights, and duties as a Council member, the Mayor shall preside at meetings of the Council, shall be recognized as head of the city government for all ceremonial purposes, by the Governor for purposes of military law, and by the courts for civil process involving the City. The Mayor is recognized as the Chief Executive Officer [Executive Officer] as required by the Ohio Revised Code for purposes of declaring an emergency, but not for any action other than as required by declared emergencies. The Mayor may by ordinance have judicial powers and shall perform all other duties prescribed by ordinance or by resolution of the Council not inconsistent with the provisions of this Charter.
(B) Vice Mayor. The Vice Mayor shall exercise all the power and perform all the duties of the Mayor in case of temporary absence or disability. The City Council Candidate receiving the highest number of votes from City electors at the most recent November general election in an off numbered year will be the Vice Mayor and will serve as such for the first two (2) years of his or her term. If the office of Vice Mayor becomes vacant, the successor Vice Mayor shall be the member who received the next higher number of votes at the most recent rotation election of Council members. If it is not possible to identify a successor in that manner, the Council shall choose a new Vice Mayor at its next regular meeting. In the event of a vacancy in the office of Mayor, the Vice Mayor will serve as Mayor until such time as the vacancy is filled in accordance with Section _____ of this Charter.
![[VIDEO] Tim Canada proposes term limits and direct election of Mayor/Vice Mayor](https://lovelandmagazine.com/wp-content/uploads/2017/07/maxresdefault-10-100x65.jpg)
