tireless volunteer for many years and epitomizes what it means to give back to the community in a meaningful way. Mayor Duncan congratulated Mr. Shulman for his many years of service. Mr. Shulman shared that he enjoyed his years on the Planning Commission. He found the meetings enjoyable, but at times challenging. He appreciated the support from City Council, City staff and from his fellow Planning Commission members. He has always felt that a citizen has a duty to give back to the community.
Mayor Duncan shared that he appreciates Mr. Shulman’s efforts over the past 19 years.
Citizen Committee Appointments – Mayor Duncan shared that Greg Lauterbach is being appointed to the Planning Commission and Nick Endsley to the Board of Zoning Appeals. Mr. Lauterbach has been a Board of Zoning Appeals member since 2009, and will leave that position to take Jeff Shulman’s seat on the Planning Commission. Mr. Lauterbach has his own architecture firm, Greg L. Lauterbach, LLC. He graduated from the University of Michigan in 1989 with a BA in economics, he received his MBA from Indiana University in 1993, and then received his Master of Architecture from the University of Illinois at Chicago in 2002.
Mr. Endsley will fill the Board of Zoning Appeals position vacated by Mr. Lauterbach. Mr. Endsley is also a member of the citizen Budget Review Committee. Mr. Endsley is an attorney at Sebaly Shillito + Dyer, LPA. He graduated from the University of Wisconsin-Madison in 2006 with a BA in Political Science and History and the University of Cincinnati College of Law in 2010.
It was moved by Mayor Duncan and seconded by Vice Mayor Byington that the aforementioned appointments be confirmed. Upon a viva voce vote on the question of the motion, same passed unanimously and it was so ordered.
Pre-sale Inspection Program – Mayor Duncan commented on the inaccuracies published in the November 4 Dayton Daily News article about the housing pre-sale inspection program. He shared that the article reported that “the lead plaintiff Jason Thompson…was threatened with jail time if he transferred property he owned…without first paying for and completing the pre-sale inspection.” He then asked the City Manager the following questions. Did you as City Manager threaten Mr. Thompson with jail time? Mr. Klopsch responded no. Did our law director, Mr. Jacques, threaten Mr. Thompson with jail time? Mr. Jacques responded no. Did our code enforcement officer, Mr. Kroger, threaten Mr. Thompson with jail time? Mr. Klopsch responded no. Did our former code enforcement officer, Mr. Bunting, ever threaten an Oakwood homeowner with jail time? Mr. Klopsch responded no. Has anyone employed by the city of Oakwood ever threatened an Oakwood homeowner with jail time if they did not comply with our Pre-Sale and Inspection Program? Mr. Klopsch responded no. Mayor Duncan shared that if his understanding is correct, Oakwood’s Pre-Sale Inspection Program has been in existence since 1968 and the missing language addressed in Judge Rose’s ruling was inadvertently omitted when the city of Oakwood hired an outside consultant to recodify our city ordinances in 1992? Mr. Klopsch confirmed that is correct. Mayor Duncan asked again, for the record, did the city of Oakwood ever implement the Oakwood ordinance in an unconstitutional manner? Mr. Klopsch responded no. When the defect in the language of the ordinance was discovered in May 2016, did Oakwood City Council amend the ordinance in July 2016 to correct this defect? Mr. Klopsch responded yes. Did Judge Rose grant Oakwood permission to implement the amended ordinance, noting that it cured the unconstitutional provision? Mr. Klopsch responded yes. The Dayton Daily News article notes “residents wonder why the program is still up and running” and quotes property manager Mike Self and attorney Kristin Rosan. Mayor Duncan shared that his research indicates that Ms. Rosan is an attorney in Columbus Ohio. He then asked if Mr. Klopsch knows if Mr. Self or Ms. Rosan reside in Oakwood? Mr. Klopsch responded that he did not. He then asked Mr. Klopsch if he has heard from any Oakwood residents questioning the legality or the necessity of our Pre-Sale Inspection Program? Mr. Klopsch responded that he has not. Finally, Mayor Duncan said that if his understanding is correct, the Oakwood Pre-Sale Inspection Program, along with the outstanding schools and outstanding city services, account for property values increasing at a faster rate than anywhere in Montgomery County? Mr. Klopsch answered yes. Mayor Duncan thanked Mr. Klopsch for clarifying this matter for Oakwood City Council and the citizens of Oakwood. He said that Mr. Baker is a good journalist and has done an outstanding job covering the City of Oakwood. This article, however, was not his best work.
VISITORS
Scarecrow Row Award Winners – Mayor Duncan recognized the 2018 Scarecrow Row Award winners. Awards and certificates were presented to the following: Third Place – “The Lazy Bear-crow” by Lazy Bear Art; Second Place – “Scare Crowbot” by Pamela Penchoff; First Place – “Brainy Yak” by the Wittmer Family; Mayor’s Award – “Field of Dreams” by OJH and OHS Softball.