Into the CRA(P) Again Questions or Will Pigs Fly?

Let us see if pigs will fly 🙂

Questions regarding CRA Consent Judgment and Order. Please respond fully and in writing by Tuesday February 16, 2010 .

We have a contract with the City of Lorain dated June 4th 2007, Community Reinvestment Area Agreement for Residential Property Ohio Revised Code 3735. We are also documented as being a “new build as per county records June 2009.

1. How would signing the Consent to Terms of Consent order effect my contract with the City of Lorain ? Would signing this require a new contract? Would accepting make our previous contract with the City of Lorain null and void?

2. If we do not consent will the City make null and void our abatement (as contracted) by February 26th 2010. Would that not violate our existing contractual agreement?

3. Why do I have to agree to consent to receive my fees back, why is this tied into this order? Item 6 Page 12 of the Consent order states:
“The City will not collect fees from, and will reimburse previously collected fees to Consenting Homeowners”. Should we decline to sign how does that effect the reimbursement of our fees?

4. What happens if only a minority of homeowners as described in the Consent Judgment and Order sign the consent? Is there a minimum number required by the court?

5. Why is the Consent Judgment and Order tied to the passage of New Legislation in CRA 3 and 4?

6. What assurances do I have (remember I already have a contract that isn’t being honored) that I will receive my abatement ? I believe that I already have consented to receive an abatement as a new build; why do I have to effectively sign away any rights I have for redress if the City and County renege again?

7. Should City Council not pass the “New Legislation” how would that impact the Consent Order and Judgment ?

8. Should we be unable to meet with our personal attorney for advice on this by February 19th what happens?

9. The Form of Homeowner Consent to Terms of Consent Order states, The Property Owners acknowledge that they have been given the opportunity to review the terms of this Consent and the terms of the Consent Order with an attorney and have either reviewed this Consent and the Consent Order with an attorney, or have declined to do so.
Have you any idea how much an attorney will charge for the review and will the City, County etc. pay for this review of 18 pages of legalese?

This debacle has already cost the property owners who entered into a contract with the city in good faith. Will the City assist with our legal fees as per the settlement with the county attorney, will the City and or County help defray our costs by reimbursing legal fees incurred through this Consent Form or by supplying an attorney ?

10. If we do not sign the Consent Form are we liable to pay back our 2009 taxes?

11. If we agree to sign, when does the abatement start- are we liable for the current tax bill due February 26th ?

12. Please explain the term “Generally” those homeowners who purchased a home built between April 18th 2006 and December 31st 2008 can expect to receive the 15 year – 100% exemption on their home. WHO will not receive this abatement as per the word “Generally”?

13. Since we were never given a copy of the Consent Judgment and Order, nor a phone call back as to receive a copy, we had to access, download from the City of Lorain website, and print ourselves a copy. None of the attachments were available. Therefore, we were unable to review the complete Consent Judgment and Order. Where can the Exhibits be found as to being referred to in the Consent Judgment and Order?

INTO THE CRA (P) AGAIN

TAKING A BIT OF A BREAK FROM GRIEF AND TO THOSE THAT GIVE GRIEF – The CRA (p) is back to haunt the property owners.

We have been informed of meetings
http://www.morningjournal.com/articles/2010/02/11/news/mj2287315.txt
and settlement and homeowners are invited ( click on CRA Letter ) pdf file
CRA letter

and just so you don’t have to go searching hither and yon for the
Settlement Agreement buried in the forms section of the City of Lorain website here you go
http://www.cityoflorain.org/forms_temp/CRA%20Consent%20Agreement.pdf

MY SUGGESTION IS : YOU MUST READ EVERYTHING... OR HAVE YOUR LAWYER PRESENT ……AND IF YOU CAN’T AFFORD A LAWYER – ONE WILL NOT BE APPOINTED FOR YOU 🙂

Cha ching!! you homeowners you –

Questions for the city and county will be submitted in writing , answers will be expected in writing …..Hands up those that think I will get those answers in writing ?

Well maybe I am being too cynical – we will see 🙂

Two sides- one published – one denied

There is once again a manipulation of events in the media. Anyone who wishes to access information on the CRA from the beginning October 2006 will find a plethora of information documented and the history on the side bar of this blog.

Media has from time to time been used and it is by omission that readers are led down a certain path of knowledge. One that could be seen as tipping the scales in unbiased reporting.

Last week the Morning Journal ran an article with regard to the CRA

“CRA set tax savings for key figures”
http://www.morningjournal.com/articles/2009/12/10/news/mj1975864.txt
By AMANDA DOLASINSKI

The article in part mentions Don Romancak’s receiving a tax exemption on his property.

Readers of the CRA debacle will recall the first article written about the CRA program on WoM ( now defunct) and an interview with Mr. Romancak which was also used in the Cleveland Plain Dealer article on the CRA ( no longer on line) but following the same “thought process and investigative reporting” done by the Morning Journal three years later.
Mr. Romancak stated in that very first CRA interview:
“3. Addresses of applicants?
We will provide the addresses of those that have been approved and I suppose I will be able to provide those that have applied since they will eventually become public.
**Just so you know I have submitted the completed agreement and paid my fee, I do not know if mine has been approved yet. Don R.

This is not a person who tried to hide anything from the public and seemingly there was a chance ,since this application was public knowledge (through WoM) – to stop any illegal application?????.

Now back to truth and a balanced media .

Dan Given was also pilloried in the article of December 10th 2009 but the readership of the Morning Journal has been denied the “rest of the story ” and denied so far Mr. Given’s rebuttal leading their readership and those of the community in a direction that is less than accurate.

Therefore after many calls and e-mails to the Editors and Publishers of the Morning Journal by Mr. Given this blog will have to give him the space they have so far denied him.

From: Given, Dan
Subject: Complaint against your newspaper and its writings
To: jsudbrook@morningjournal.com
Cc: adolasinski@MorningJournal.com, letters@morningjournal.com
Date: Thursday, December 10, 2009, 1:45 PM

December 10, 2009

Mr Sudbrook,
After reading your newspaper today, I am very alarmed that your employee, Ms Amanda Dolasinski, continues to paint a picture of corruption and illegalities in a controversial city program in Lorain . Creating controversy should never be the purpose of a community newspaper when a little extra effort could in fact bring ALL THE FACTS to light on a topic that has been covered over and over again for the last three years. Clarity brings the truth. Omissions bring about questions.

First let me say that CRA’s (Community Reinvestment Areas) were created by the State of Ohio , not the City of Lorain . Next, many cities have CRA districts in this state which offer similar such residential tax abatements to its residents. For starters, I would suggest you start researching with Cleveland and Cincinnati and go from there. These CRA’s are regular tools utilized by older, urban, impoverished cities to attract residents to invest, stay, and/or move into these areas. They can be used for both remodeling and new construction.

In her article, which I believe is based to discredit the two individuals mainly focused upon, it implies that I had something to do with creating this 15 year tax abatement and also creating a 100% percentage of tax abatement. This is totally false. I had nothing to do with creating the districts, the rules, or the incentives to this program. I just applied for a city run program along with 400+ other residents who also were sold a bill of goods by the City of Lorain . I must also clearly state that my application and admission were reviewed and approved by the city legal staff before anything was granted.

To recap year’s worth of information in a few short paragraphs…At the time of this introduction, I was chairman of Lorain City Council’s Federal Programs Committee. These types of legislation had to come to my committee as that is why the committee was established and the rules it is mandated to operate under. There were five people on that committee. I did not do anything alone. When the topic of Lorain ’s various CRA zones with numerous CRA rules was brought up for discussion, I was asked if I would agree that a uniform set of rules should be established for all areas of the city. I felt that was a common sense question that was easy to answer. If you have numerous zones in the city and they all are called CRA’s, why not have one set of rules for all versus 5 sets of rules, created by five different people, over 5 different periods of time. Once I said yes to that common sense statement, the former Safety Service Director sent down HIS legislation to council for us to review. This was drafted by the former administration which was led by former Mayor Craig Foltin. For those that wish to recall this fact, Mr Foltin and I rarely saw eye to eye on anything and I would bet anyone my life savings that he would not do anything to benefit me financially, politically, or personally. This is not saying anything negative about our former mayor, it is only saying that he was not thinking of Dan Given and how something would affect him. Anyone alive at that point in time should recognize that.

Next, the legislation that was sent down by that administration only stated that uniform rules would be established by all CRA zones. Remember, that sitting City Council, I included, did not create these zones, nor did we create the incentives that the homeowners would receive, nor did we create the fees or rules that would be involved. We only agreed that someone in the city should create a UNIFORM set of rules to govern by. That specific piece of legislation was unanimously approved by all 11 members of Lorain City Council. Once again, no one can claim this was done in a back room or without public input and review.

One final fact that Ms Amanda Dolasinski failed to state in her article was that I was advised legally every step of they way on this topic while I was involved with the City of Lorain . In the attached letter from the former City Law Director, it clearly states that all actions were above board and clearly reviewed by his department or himself

I would appreciate you getting all the facts out in this situation rather than just flaming the fires on a community controversy that many people are trying to resolve.

I would appreciate you reading the attached letter as well.

Daniel Given

Lorain City Councilman

440-396-6113

The attached letter referred to by Mr. Given was one that has appeared on this blog and on Wom a number of times and one I personally had sent weeks ago to the Journal for their information , I have to wonder why this part of fair and balanced was left out ?

The Notorious Opponents of Exactitude Award has to once again be “given” ( pun intended) to the Publisher and Editors of the Morning Journal. Come on Boys and Girls let us be balanced and give those you write about their space to refute your conclusions – Isn’t that what the free press is supposedly all about?

Christmas Council Comes to Town

Have you taken a sneak peak along Broadway ? Have you seen the visions of sugar plums and all things yummy?

“Light Up Lorain and City Hall Square”

Saturday, November 28
Fabulous Fireworks display
Horse drawn carriage and trackless Train rides
Trolley Ride to Lakeview Park to see their wonderful displays
$1.00 per person per ride for all rides
Rain date is Sunday November 29th

photo Mark Teleha

ALL NEW for 2009!“Live” Toy Soldiers & Other Holiday Characters

The evening of November 28 &
every Friday from December 4th to December 18
12 noon to 1:00pm
Come and see live toy soldiers & other
live Christmas characters along Broadway!

NEW! Toyland & Santa Land come to our Downtown
Please join Santa and his elves at his NEW location for this
year.

This display is always a family favorite and sure to
bring a smile to all who come. Also experience the magic along
Broadway with many storefronts decorated in Toyland motif and
dozens of Toy Soldiers adorning the lamp posts! Sponsor one Today!

NEW for 2009!
Trackless Train and Horse – Carriage Rides
Train; November 28th and December 12
Carriage rides; November 28th and December 19
$1.00 per person per ride

“Caroling along Broadway” NEW!
Share the joy of caroling with downtown businesses
and visitors in the Broadway area. Groups,
individuals and families are welcome to sing holiday songs

Several NEW decorations for this year and a lighted corner of City Hall!
Please check our website for a
complete listing of holiday events, dates call the
Downtown Christmas Council at 440.225.2066
A Holiday Tradition
“Creating a Magical Broadway for the Holidays”

ED NOTE: There are a few elves and makers of magic inhabiting our area, they are working so hard to bring smiles and laughter and they could use your help too! This has been a labor of love and a huge amount of work has gone into this by these “positively passionate” volunteers.

Help “Lighten the Load and Light the Night ” won’t you and share the cheer!!!
SEE HOW TO BE A SPONSOR HERE
http://www.cityoflorain.org/announcements/?f=400

High Schools -Going- Going

Check out

No. 1 High
http://www.locophotogblog.com/?p=418

Remember Confucius- word to the wise?

Remember back in May 2009 when this blog covered “Chinese culture” and all things “tripping”

“HE WHO WILL NOT ECONOMIZE WILL HAVE TO AGONIZE!”

http://www.morningjournal.com/articles/2009/05/17/news/mj1042750.txt

The Agony of defeat:

Nov 4th 2009 Lorain School Levy Fails
http://chronicle.northcoastnow.com/2009/11/04/lorain-schools-levy-fails-leaves-district-with-some-very-serious-challenges/
Morning Journal:
http://www.morningjournal.com/articles/2009/11/18/news/mj1906978.txt

Chronicle Telegram:
http://chronicle.northcoastnow.com/2009/11/18/high-schools-on-the-chopping-block-in-lorain/

Better to have foresight than 20/20 hindsight ……..

Another lawsuit- Lorain

With more to come I am thinking!!!
from today’s Plain Dealer
http://blog.cleveland.com/metro/2009/11/lorain_family_sues_city_for_wr.html

Remember When?????

Lorain family sues city, says negligence caused wrongful death
By Thomas Feran, The Plain Dealer
November 16, 2009, 7:00AM

LORAIN, Ohio — The family of a Lorain woman is suing the city for wrongful death, charging that her fatal illness stemmed from a 2006 sewer break caused by the city’s negligence.

Charles and Mary Williams, of Oak Point Road, say that doctors blame mold and bacteria from the flood of sewage for the chronic infections that last May killed Mary’s 84-year-old mother, Dorothy Dulick.

CT Consultants, which designed the sewer line, and Insituform Technologies Inc., which was under contract to repair the corroded line, were also named as defendants in the suit filed in Lorain County Common Pleas Court.

Unspecified damages are sought.

The Williams family earlier joined neighbors in filing a suit that continues against the city for property damage caused by the sewer break.

Raw sewage, feces and other debris flooded the Williams house and others on Nov. 30, 2006, after a 36-inch sewer line collapsed under Old Lake Road, at the corner of Oak Point Road near Lorain’s PQM Wastewater Treatment Plant, the Williams’ suit says. The homes flooded a second time when the sewer system failed again on Dec. 25.

The flood caused structural damage to the house. But the Williams family, including Dulick, continued to live amid the damage and smell because they could not afford to move, said Andrew Goldwasser, the family attorney. And Charles Williams lost his home-based business because of the damage, the attorney added.

The city of Lorain knew about the sewer line problem from a rupture in 2004 that was fixed with a “short-term concrete patch,” Goldwasser said.

Attorneys for the city did not return messages for comment on Friday.

Contact Tom Feran: feran@plaind.com or 216-999-6251.

YOUR INPUT NEEDED!!!!

UPDATE!!!! A LETTER SENT TO THE LOCAL MEDIA FROM JIM SMITH BOE MEMBER

November 12, 2009

Dear Editor,

I voted no on a resolution to consider placing a school levy on the ballot in a special election in February 2010 for several reasons.
1. According to the Board of Elections it could cost the district as much as $52,000.
2. Even if it passes we will receive no new money until 2011.
3. We can put it on in May for far less.
4. The economy is not likely to improve in the next 3 months.
5. Until a recovery plan is adopted by the board we really don’t know what we need.

I believe that for a district that will be broke within 12 months, the board should be more prudent in spending public funds. I am still open to changing my mind based on public comment received at the November 17th special meeting and strongly encourage citizens of the school district to attend that meeting and voice their opinions.

The meeting will start at 6:00pm at the Charleston Admin Center, 2350 Pole Ave. I will make my final decision at that meeting. The board wants to hear from the public.

Attention Citizens living the Lorain City School District
The Lorain School Board is holding a special meeting to seek public comment on whether or not it should it should spend $25,000 to $35,000 of public funds to place a tax levy on the ballot in a special election in February 2010.

The public is encouraged to attend the meeting and inform the board of their opinions on the matter. Your opinion is important. If you cannot attend you may send me your comments via e-mail. My e-mail address is
jsmith@lorain.k12.oh.us.
Special Board Meeting
November 17, 2009
6:00pm
Charleston Center
2350 Pole Ave.
Lorain, Ohio

More “random thoughts”- Houston

Maybe it is the coffee permeating the air at this internet cafe (can you overdose on coffee fumes?) – maybe it is being far removed from the issues that effect Lorain- I can hardly believe that I am not jumping into the fray of the CRA or maybe I am

http://www.morningjournal.com/articles/2009/10/10/news/mj1734956.txt
All I have to say to ANGRY AMHERST RESDIENTS
https://thatwoman.wordpress.com/2009/01/29/here-we-go-again-into-the-cra-p/

( Oh and didn’t they just lose their attorney – Mr. Armstrong and should we since we seem to be connecting dots with the City of Lorain and their attorney ( at one time) problems with Cuyahoga County 🙂 also then the question has to be asked

who was involved with who on the County ( Lorain County side) Oh those damn coffee fumes !!!

OR NOT- YA THINK??? I asked the question back in March 2008

https://thatwoman.wordpress.com/2008/03/10/angry-tax-payeror-lorain-county-government/ I guess I still want to know since I am waking up and smelling the coffee – or is it coffee or the stench of political posturing amid the manipulation of the CRA(p) once again?????

As for the amount of debt facing Lorain- don’t sweat it – in the grand scheme of things – personally the costs of the treatment for this Cancer has pretty much equaled the debt faced by the whole city..but if we are banking on healthcare costs remaining stable all I can say is welllllllllllllllllllllllllllll

Random thoughts from an overloaded mind

I have been wandering around in my head for months and the path to peace and serenity or even “control” over this aspect of my life is alluding me still.

However, every once in awhile, other thoughts do pop in now and then, just for a few seconds.

A THANK YOU to the Lorain Fire Dept. for their quick and effective action in saving property and possibly lives with their professionalism in my neighborhood on the night of October 4th.

PHOTO Paula Tobias

Lorain Port Levy RENEWAL

There have been times in the past months – the sight of boats in the Lorain harbor – the laughter and music drifting across the evening breezes -the camaraderie of people coming together – have given a little respite in the darkest of my days . As indeed the Lorain Port Authority is giving a little respite to Lorain ( the city ) in these dark financial times. Please consider a Yes vote for the Port Renewal Levy .

Source Red Stapler Chronicles
Trial and Jury

Standing outside and apart from the fray lately ( Houston) and following the forums and the comments causes one to sigh. There is a saying about “arguing with ignorance” and not feeding the “frenzy” of the “polarity of perception” but sometimes another of those thoughts bubble up through the gloom.

Have we become so entrenched in our need to be right and proven to be “in the know” that we sacrifice ( through the electronic forums) the law of the land and of our culture? .

We can know exactly when the maxim formally entered American law: through a Supreme Court decision of 1894, Coffin vs. U.S. A lower court had refused to instruct the jury that “The law presumes that persons charged with crime are innocent until they are proven by competent evidence to be guilty”.

It seems that in Lorain at least we have forgotten that basic premise and the rush to judgment causes hurt and embarrassment for those targeted, and the targeting is not equally applied….. just another SIGH! and a thought that demands an action but I am soooooooo tired – my will is weak – I am all but spent
Photo Daniel Miller