Montgomery County Board of (S)Elections back at it

The board meeting was yesterday. The new list of upcoming candidates still isn’t posted on the website.
All five of the new candidates for the three seats on Dayton Public Schools made it on the ballot. This is a feat, because the threshold is 300 signatures.

  • Jamie Rippey 502 W. Stewart St. Dayton 45417
  • Dion D. Sampson Sr. 224 N. Williams St. Dayton 45402
  • Joe Lacey 207 E. Sixth St. Dayton 454028
  • Will Smith 1316 Amherst Pl. Dayton 454068
  • Gabriela Pickett-Mosier 230 S. Dutoit St. Dayton 454028

Lacy is trying to make a comeback. If you need a reminder of why you shouldn’t consider him, here’s a video:

With 4582 views, to date, it’s one of the more popular videos about the school board’s ineptitude. Granted, compared to Reverend Harris, Sheila Taylor or Reverend Walker, Joe is 10 times smarter, but, he sucked up pretty hard to Dr. Adil Baguirov, the biggest rule-breaker to ever get elected.

Trotwood School board has 3 candidates for 2 seats.

  • Michael R. Andrews 6229 Afton Dr. Dayton 45415
  • Khalilah Forte 6198 Weybridge Dr. Trotwood 45426
  • Vanessa Jeter-Freeman 5601 Northford Rd.Trotwood 45426

But there may be issues with Andrews petitions- he seems to be 2 short of 50. He’s an appointed member now, and never had to run before, so he’s technically not an incumbent. If he doesn’t make it on the ballot, small shift on the board that’s on the ropes.

Trotwood council (at large) also may have an issue-

  • David E. Young 7008 Bellcreek Ln.Trotwood 454268
  • Scotty A. Sly Sr. 5290 Gardendale Ave. Dayton 454178
  • Rhonda C. Finley 805 MacMillan Dr. Trotwood 45426
  • Robert L. Kelley Jr. 720 Broad Oak Dr. Trotwood 54268

Young, a challenger to incumbents Finley and Kelley, is being challenged on the 1 year residency issue.

On the Montgomery County ESC- the hardest seat to run for- since the eligible voter pool is about half-a-dozen,

  • Eric Walker-Mabry 4970 Donlaw Rd. Dayton 45417
  • Daryl Michael 143 Habron Ct. New Lebanon 453458
  • Greg S. Shell 67 Country Ln. Farmersville 453258

The only challenger- Walker-Mabry is being called out because 3 of his petitions didn’t have all the info on them, as if voters actually care that he has his address listed.

Harrison TWP-

  • Craig Anderson 3605 Evansville Ave.Dayton 45406
  • Ron Casey 5301 Mayberry Pl. Dayton 454158

Challenger Anderson is being questioned because of his petitions having 3 different residences for him. Tornado may be partially to blame, but who knows.


6pm. Classic BOE fashion- they send out an email at 2.25 pm:

The Montgomery County Board of Elections will conduct an emergency Board Meeting tomorrow at 8:30am to certify candidates for non-partisan races and local options for the November 5, 2019 General Election.  Attached is the agenda for the meeting.  Please let me know if you have any questions.


Bill Hibner  |  Executive Manager

The agenda is absolutely worthless- no details at all.

[caption id="attachment_17354" align="alignright" width="300" class="align "]thumbnail of Agenda 8.15.19 Click on image to download PDF[/caption]

Board Meeting Agenda
Thursday, August 15, 2019
I. Call to Order
II. Pledge of Allegiance
III. Candidate Petitions for the November 5, 2019 General Election
I. Motion to certify candidate petitions that appear valid
II. Consideration of candidate petitions that appear invalid
III. Consideration of candidate petitions that appear questionable
IV. Local Option petitions for the November 5, 2019 General Election
I. Motion to certify local option petitions that appear valid
II. Consideration of local option petitions that appear invalid
V. Director, Deputy Director, and Board Member Comments
VI. Public Comments
VII. Announcement of Next Meetings: Tuesday, August 27, 2019
VIII. Adjournment

A proper agenda would actually specify some of the issues above, but, noooooooo…..




Oakwood bans short term rentals (AirBnB) shows lack of creativity

The Mayor of Oakwood, William Duncan, runs a very friendly, welcoming, open meeting. Speakers are treated with respect, and even given second opportunities to address the council. There was no question that he approached this ordinances passage with an open mind.

thumbnail of Oakwood agenda 8-5-2019-Meeting-Packet

Click on image to download PDF

The author of the ordinance, Vice Mayor Byington, was the exact opposite, even having a long speech prepared to justify his rationale for passing an ordinance that prohibits people from providing lodging in their homes for less than 25 days. Several speakers told horror stories of “transient” people disturbing the peace, trashing their yards and taking up precious parking.

A half-a-dozen AirBnB superhosts came to try to get the council to reconsider. Former Dayton Mayor Gary Leitzell was the first to speak about the value of AirBnB. How it can help empty-nesters be able to afford to keep their homes, how many people prefer to experience a community from a home instead of a hotel, and that AirBnB has all kinds of community safeguards, including anti-discrimination tools built in to help prevent the kinds of behavior described by some residents.

I was one of the hosts to speak as well. For all our reasons, which you can watch the video to hear, there were no questions from the council on how or why they could change the ordinance to improve it, to make Oakwood a welcoming community, or how they respect the rights of property owners to utilize their homes in ways that weren’t possible 10 years ago.

Instead, the council threw the baby out with the bed and breakfast.

Now, only stays longer than 25 days will be permitted. This means no visits of UD parents, no military members waiting for housing to come available, no wedding guests, all must stay outside the boundaries of the community on the hill, under “the dome.” And Oakwood residents, with apartments over their garage with private entries, must only rent to folks staying for at least 25 days. No mention of the difference between renting a whole home vs renting a room in your own home. In my year of hosting, I’ve only had a visiting nurse stay that long, although a few others have come close. A recent reservation inquiry for 6 months that came in on Saturday from the UK, is now deliberating his safety in light of the shooting over the weekend. Most visits are 2-5 days with a few occasional week to 2 weeks stays.

What could have been different? Columbus now requires a permit and annual licensing fees. Require an inspection to make sure the facility has smoke detectors, a carbon monoxide detector and fire extinguisher. See that the rental agreement includes instructions about parking, noise, trash and numbers of guests. Have a 2-nusiance call per year limit, and then the rights to rent are revoked for a year. Put limits on numbers of unrelated people that you can rent to- and restrictions on numbers of people per property based on size. If you wanted to get extra-restrictive, require all short-term rentals to only be available to Oakwood residents who live within 500 feet or 3 homes away from their STR. My AirBnB is across the street from my house, and Mayor Leitzell’s is sort of behind and off to the side of his. These arrangements work well for proper management, they would work well in Oakwood.

You could even require hosts to maintain top ratings on their platform of choice, require that the platform has screening and insurance provided, or in lieu of those functions, require all hosts to be bonded. There are literally 10 ways to Sunday to solve the problems, without the draconian xenophobic ordinance as proposed by Mr. Byington and endorsed by all.

This isn’t the first community to try to regulate AirBnB and STRs, there are lots of communities trying to balance the equation between property rights and business opportunities that blur the lines of zoning regulations and ad hoc restrictions- often lobbied for by those in the conventional hospitality industry.

Oakwood residents now can either pull petitions for a ballot referendum, which may cost the city to hold, since it’s so close to the deadline for 90 days before the November election (tomorrow), or by challenging the ordinance in court. The Mayor asked the city attorney to explain recourse, but unfortunately, he either didn’t have a microphone, or any interest in using it- and he spoke to his employers instead of to the people he works for.

Oakwood used to have deed restrictions preventing Jews from being property owners. This ordinance is just another way to keep people out from under the dome that can’t pay the price of full admission. It’s really too bad that the council feels this is in the best interest of the community, because it’s been my experience that once people have experienced Historic South Park by either visiting my business (in an obsolete corner grocery) or visited my home (which I bought for less than the price of a late model used car) or at my AirBnB, they fall in love with my community.

Gary wants people to boycott Oakwood over this. I’m actually fine with it- since it means more business for my little guesthouse. However, my opinion still stands that Kettering is the best run and most diverse community in the County- that provides excellent schools, parks and rec and services for your dollar. I’m just hoping other communities don’t enact similar ordinances, because when I travel, I prefer an AirBnB over a hotel any day of the week.

It’s too bad most of the Oakwood City Council seems to be afraid to leave their comfort zone under the dome to explore some creative compromises to this issue.

Death next neighborhood: Dayton mass shooting

Before they built US 35 in the sixties, my neighborhood, South Park, was connected to the next neighborhood north of us, The Oregon District. Now there is a slash, like a DMZ, called a highway that separates us. It was Dayton’s first “Historic District” and got about a 5 year head start on my neighborhood at gentrification. With only about 170 homes, it happened faster and richer. Once known as “Filth and Wine” instead of “Fifth and Wayne”- the “OD” is a small entertainment district with about 20 places to get alcohol and food. At 1am, the food is all shut down, with the exception of the guys who set up tents on the street who still may be flipping burgers or sausages- right in the area the shooting started.

I heard it just as I turned the light off and rolled over in bed. I’d spent my Saturday night working on a legal brief to overturn the judges decision not to award legal fees to me after winning a public records case against the library. I’d mistakenly thought I was supposed to be at “Blind Bob’s” that night to see a show of Veteran’s playing music to raise awareness of PTSD- but, that was Friday night- and I’d missed it (because I was working on a post calling for a County public hospital to compete with our duopoly hospitals- which don’t provide enough mental health beds, turning our county jail into the largest psych facility in the region).

Hearing that much gunfire is normal on the Fourth of July, but on August 3rd, it wasn’t. What was I supposed to do? Grab my gun and run to the shooting? Nope, that’s why we have police, and luckily, the Oregon District is always well patrolled.

As I woke up to multiple cryptic texts of “Check the news” I first saw Lt. Col Matt Carper calmly responding to reporters about the shooting. 9 victims dead, plus the shooter- making it 10, and 16 wounded. The shooter had a long gun. Police weren’t injured and were the ones who successfully stopped the carnage. There will be other reports today of who, what and never the why.

My last post on Facebook before I went to bed, opening up the normal hornets nest:

And if you don’t have FB-

Let’s see-
Don’t go to Walmart- you’ll get shot.
Don’t go to Country Music festivals, you’ll get shot.
Don’t go to Church/Temple/Mosque, you’ll get shot.
Don’t go to School, you’ll get shot.
Don’t go to a Night Club, you’ll get shot.
Don’t go to McDonald’s. You’ll get shot.
Don’t go to the post office. You’ll get shot.
Don’t go to the movies. You’ll get shot.
But- if I leave this country and go to any other superpower, industrial giants- I won’t get shot.
What’s the matter with Americans? Do we just like getting shot? How come with all these people telling us “owning guns makes us safer” that the asshole shooter in El Paso didn’t get shot by anyone including the police…
But John Crawford in Beavercreek did….. and he wasn’t shooting anybody….
this doesn’t have to happen.

August 5th will be the 5th anniversary of John Crawford dying in a nearby Walmart- for holding a bb gun while talking on the phone. Now we have the Oregon District Massacre to go along with it.

My friends on Facebook are diverse- I’ve tried to not limit myself to an echo chamber. Scott immediately asked “So please tell us David, how do you stop this? Please be specific.”
To which I responded: “put guns in armories, where those in a well regulated militia can access and train with them. Require training and insurance on them.” Which is my standard solution. Even in the Army, when on base, we didn’t have access to our weapons, they were stored, and guarded. You can see my answers on this subject on this site (as well as abortion etc) in the category “hot button issues.”
Without scrolling too far is this post: What a right to bear arms means- really. 
And then there is Boobs vs. Bullets and The 2nd Amendment and foreign policy and Limits on killing myself, but none on killing others: Aurora shooting thoughts 2 and Our culture of death and more…
I think my bona fides are clear on this, and it’s one of the reasons I believe every politician elected in America should be forced to have a blog- and to have to write about their votes, so we get it straight from the horses mouth, without being able to blame the “Fake News” for somehow twisting things or misquoting them. I’m running for Dayton City Commission, and I can’t escape these posts or change my tune about gun violence and “gun rights.” My opposition, has nothing like it. I am my own best fact checker. The reality is, I can’t do anything about gun ownership as a city commissioner. If I did, and we’ve had commissioners like Tony Capizzi try in the past (he’s now a juvenile court judge) it just ends up costing the tax payers a fortune in legal fees and I won’t do that. I know where the limits of my jurisdiction are. However, the three times I ran for Congress, this issue was on the table- and I addressed it. Not with “thoughts and prayers” but with a call for a fundamental change in how we handle guns in our country.

For the umpteenth time, I’ll restate: You can own a gun if you have taken and passed a thorough background check, taken extensive training, regularly qualified with it, carry insurance and are part of a “well regulated militia” – which in my definition means, other like minded folks who believe they need access to firearms to protect themselves from the government. These weapons will be stored in an armory, and will be only used at approved training sites when in the presence of other members of the militia. This would be applicable to all handguns, rifles, anything with more than a capacity of two shots without reloading or physically moving a bolt. IE- a double barrelled shotgun, or a bolt action rifle. To have those at home, would require a legitimate range or reason- such as a farmer who may need them to kill a fox or coyote. Otherwise, in an Armory.

Note, it is illegal to discharge a weapon in the open in most urban areas- if you don’t own a few acres, you don’t have a range to safely shoot. If you want to practice, you do what my CO of my reserve A Team did, he was an Army pistol champ, he shot a Crossman .177 caliber pellet gun daily to practice his trigger pull, breath control and sighting. Trust me, it keeps your skills sharp. Other than the lead of the pellets, it can safely be done indoors- I know, I used to shoot mice in my house with mine as practice.

Of course, many of my “Rambo” brainwashed friends still believe that “The best way to take care of a bad man with a gun is a good man with a gun” and in Dayton, the good guy was a cop, or several of them, who train to proficiency to manage this situation, and are equipped with AR-15’s in their cruisers to deal with threats like this. I don’t know what they used last night, but I’m guessing that the shooter was killed by multiple shots from multiple officers who used fire and maneuver tactics along with superior communications and training to effectively use their hand guns to kill him. The response was so quick, and effective because of their being in the vicinity and knowing the area well, that they were successful. Time will fill out this story, it’s not mine to tell.

Average Joe, wouldn’t legally be able to carry a gun in the bars, and this isn’t a reason to change that law. Drinking and guns don’t go together. The cops who shot the shooter most definitely hadn’t had a drink last night. Anyone other than a uniformed cop who was trying to take down the shooter would be mistakenly identified as a threat and shot by the cops. This is not the movie “Die Hard” and even if it was- remember, John McClain was a cop. He had training. Rambo had training too. Even with training, the only way to deal with a long gun safely is either take it away by rushing him, or superior firepower or position. In a man to man duel- pistol vs rifle, you both lose.

I don’t expect anything to change. We’ll still have “thoughts and prayers” and sadness. People will have lost their loved ones. And the senseless killing will continue until we stand up to the NRA and rethink what our founding fathers meant when their idea of “arms” was a muzzle loading musket capable of one inaccurate shot a minute.

As an ad man, I leave you with this ad, about Ed, and his attempt at a workplace shooting with a musket.

And as always- please, I urge you, Think before you vote.

I hope none of your friends or mine were hurt last night in the OD.

But, I know sadly, that this isn’t the case today.


Addendum- a few minutes later. For the record, I have a Concealed Carry Permit, and own two handguns. I only owned one until this happened: Dealing with a neighborhood cancer

What’s Dayton smoking? And a real health care cost reduction answer

What do you do when you are facing indictment and going to be hauled off in shackles?

Take a play out of the Trump playbook and keep the public talking about everything except the fact that you’ve been robbing them blind for years with pay-to-play schemes and increasing taxes while decreasing services. That’s the only explanation for the latest move by the doomed captains of corruption, Nan Whaley, Shelley Dickstein and their flunkies Jeff Mims, Chris Shaw and Matt Joseph.

Now they want to distract us with a no tobacco policy for future hires, with random invasive tests.

Yes, the city of Dayton is self-insured for health insurance and spending at least $12.4M a year to cover their employees and spouses (reported to count as 2,657 adults on its insurance plan), and they claim that each smoker costs an additional $6K a year to cover, but the new plan will only apply to future hires. There has been no mention of spouses/domestic partners being included in the smoker prohibition. It’s amazing that Nan and her cronies are so worried about spending our tax dollars for health care, while they seem to have no problem buying buildings for half a million dollars each- and then giving them away to developers from out of town. It would take 75 smokers at $6000 a year to make the $450,000 they lost on the old Supply One building on Wayne.

The real problems here are twofold. First, if we had national health care these cost cutting decisions wouldn’t be in the hands of local politicians. While the democratic presidential candidates talk about “American’s choice of health insurance” -most people I know have that decision made by their employer, and then the insurer/corporate medicine chieftains ration it and charge us crazy money for simple treatments.

The second is that Dayton only has limited choices in health insurance and health care providers thanks to the duopoly of Premier Health and Kettering Health.

If we really cared about health care costs someone would have filed an anti-trust suit against these two “non-profits” who are making money hand over fist.

Want to figure out a better way to provide health care for your employees (smokers included) and save money?

First, band together with every other government jurisdiction in Montgomery County- and take the health insurance money- and employee contributions and invest in a County General Hospital. Yep, build and run a public hospital. It would have a real psychiatric ward- that would allow the mentally ill to spend time there instead of in the County Jail (which is currently our biggest mental health facility) and perhaps stop us from spending over $10M in lawsuits. Once you stop delivering 911 calls to the private hospitals except the worst cases, and take most people with simple stuff to a publicly owned Urgent Care/ER- where the cost of admission isn’t $4k for 3 stitches, you might start being able to negotiate real cost reductions in care. We can try to contract with the VA to buy meds at their prices- so we can actually get a decent deal instead of through the PBM middle men. We could even offer health plans to local businesses. Last person to pull this trick was Dr. Michael Ervin who set up Five Rivers Health as an alternative to UHC and Anthem, who promptly made him a very rich man to go away.

The other option is to stop pretending the “Meds” part of “Meds Eds and Feds” is a non-profit- or make them act like one. And this doesn’t only apply to hospitals, try it with every other “non-profit.” Enact a super-income tax rate of 50% or more on anyone making more than 7x their organizations median income (median because average is thrown off by $3M paychecks of CEOs, while median- not so much). It’s either submit to the hyper tax- or be faced with paying property taxes. Of course, there are people saying- well, they’ll just pass those costs along…. but, when they actually are having to compete with a publicly owned hospital, that is non-profit, they might not be in business for long.

Oh, and one other thing, if you’re a wealthy “non-profit” like Sinclair, Premier, Kettering or UD- and you want to have a private army, excuse me, “police force” that carries guns, drives cruisers indistinguishable from public police, yes, you’ll have to buy a license per officer of $65K a year (about the average pay of an actual real police officer who is accountable to elected folks- instead of a CEO). After the Samuel Dubose shooting in Cincinnati by a UC officer, that should have been the end of the private cops. If Premier or UD want police officers, they can pay for DPD- just like the rest of us- through a property tax or settle with what we can afford. They don’t get to hire their own.

Too bad Mayor Whaley, Jeff Mims, Chris Shaw, Matt Joseph and Darryl Fairchild allowed a demolition permit for Good Sam, because after giving Premier a tax break all those years- we, the people, should have had a say in its destiny.

Instead, we’re getting paid hush money with a $10M promise of “redevelopment” without a plan. Funny how Premier and UD also got to “buy” the Fairgrounds for $10.4M without having to bid, or have a plan, but the two groups who did have a plan were supposed to pay $20M. This is just another part of the culture of corruption.

But, for you smokers who are worried you might not be able to get a job with the City, don’t worry, the city will spend any amount possible to keep this sideshow going, and Niraj Antani, with his hatred of the city, will launch a smoker protection bill making Ohio a tobacco friendly state. Then Nan will spend more money fighting it claiming “home rule” all while your streets don’t get swept.

As a small business owner, I can tell you that hiring smokers is a bad proposition. They take smoke breaks, they are sick more, they smell bad, and last but not least, they are smokers- which means they already aren’t smart enough to know that smoking is a bad idea. The real way to fix smoking is to tax it to death, so that smokers pay the government for their habit, and helps fund the new national health care plan that should be a no-brainer.

In the meantime, when the hell is the FBI and the DOJ going to take some of these criminals out of office? Surely, the “culture of corruption” isn’t limited to only 3 black men? Maybe we should be asking what they’ve been smoking?

Tyrone, we hardly knew you. Trotwood parts ways with Superintendent

The love affair didn’t last very long between the Trotwood Madison School Board and their turnaround Superintendent, at tonight’s school board work session sources tell me that the Board accepted Tyrone Olverson’s resignation effective yesterday and that Marlon Howard is now the acting superintendent.

Olverson, came to the district last year with the mission of turning around the worst district in the state, after being a Chief Academic officer  in Youngstown, a district that had been taken over by the state. His three year plan apparently ran afoul of a union that didn’t like change, and his inability to listen according to well placed sources.

The board, had last acted in Dec 2018 to give him a contract extension through July 31, 2021, despite resistance from the union. No word yet on if the board is going to look for a new superintendent immediately or keep Howard for the entire school year. There is a board election with Vanessa Jeter-Freeman and Michael Andrews up for re-election, with only one challenger filed and certified so far: Khalilah Forte. The incumbents haven’t yet certified and no one else is running.

How much this will cost Trotwood residents is yet to be seen. Typically, in these situations there is a buy out.

Not that these moves matter, but former DPS principal David White- who had gone to Trotwood and been demoted from HS to Middle School- left now is the new HS principal at Northridge. Their grant writer- left. An elementary school principal- to Springfield. A talented school psychologist also abandoned ship.
They had the second most openings on the education job board for the region- and they are by no means the 2nd biggest district.
Now- with potential enrollment drops due to the tornadoes, will the district be able to convince enough people to come back? The School Board didn’t even wait to see the first years scores from the State tests.


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