The Marting Case at the Supreme Court level

Filed under: MARTING — tkm March 4, 2009 @ 9:0 am

Teresa Mollette et al v Portsmouth City Council et al paperwork is now registered in the Ohio Supreme Court; Case No. 2009-0017.

You can follow the legal procedure at the following link:

CLICK:  Supreme Court 2009-0017 Teresa Mollette et al v Portsmouth City Council et al (Marting Case)

In The Supreme Court of Ohio

Filed under: MARTING,Uncategorized — tkm January 3, 2009 @ 14:0 pm

On December 24th, 2008 a Notice of Appeal and a Memorandum in Support of Jurisdiction in the Teresa Mollette, et al. v. Portsmouth City Council, et al. was provided to the Supreme Court of Ohio.

This case involves a question of public and great general interest.

Additional information:

CLICK: http://portsmouthcitizens.info/blog/?page_id=90

5-27-08 Portsmouth City Center (Marting Building)

Filed under: MARTING,Uncategorized — tkm June 2, 2008 @ 14:0 pm

CLICK:  5-27-08 Video

Dr. Victoria Wulsin, Democratic candidate for Ohio 2nd Congressional District turns her back on the citizens of Portsmouth, Ohio at the May 27, 2008 “Regular” City Council meeting to face Portsmouth Attorney Stan Bender, co-conspirator of the Marting sham.

The two letters below were sent to Ms. Victoria Wulsin, Democratic candidate for Ohio 2nd Congressional District.

June 2, 2008

Victoria Wulsin
victory@WulsinForCongress.com

Ms. Victoria Wulsin,

RE: Portsmouth City Center (Marting Building)

I was in attendance at the May 27, 2008 Portsmouth “Regular” City Council meeting when in my opinion you made a crucial error in judgment voicing your support for the renovation of the former Marting Building. By your self-assurance and attitude towards this subject during your presentation it was obvious you had been lied to and manipulated into believing this option was in the best interest of the city of Portsmouth. I will provide you with the facts you didn’t bother to seek prior to attending this meeting. By your speedy departure you showed you are not interested enough to hang around long enough to get the rest of the story.

In 2001 and possibly as early as 1998 Mayor Bauer, a majority of City Council members and the Marting Foundation set up a plot to feed money into a private foundation and away from the property owners of Portsmouth, Ohio. The Marting’s Department store was going under. The foundation stockholders were losing money and the only way to get back any of their losses was to dump the old department store building on the taxpayers of Portsmouth.

In 2002 a member of the foundation requested an appraisal and quote on the Marting Building from a licensed commercial appraiser. When the quote from the licensed appraiser was received and did not meet the foundation’s expectations a second appraiser, who was not licensed in this area, was hired and coached on the desired foundation price. This amount was approximately $1.4 million higher than the factual value of this property.

In May of 2002 Mayor Bauer and a majority of city council members entered into a purchase agreement with the Marting Foundation for approximately $2 millions dollars, which was nearly $1.4 million over the quote provided by the licensed appraiser of $600 to $700 thousand dollars. Prior to the city receiving the deed on the property the Marting Foundation sold off all movable items in the building and kept the proceeds.

Uncertainty on how the city was going to finance this acquisition and why the building cost $2 million dollars piqued the interest of many citizens of Portsmouth. What the citizens discovered was the city auditor had not made the proper provisions for the county to stop the collection of the illegal taxes being deposited into the city’s 401k debt retirement fund. This illegal collection had been going on for nearly 5 years and had accumulated nearly $2.4 million, just enough to payoff the Marting Foundation.

In January of 2004 my husband Bob and I started attending city council meetings to try and get answers. What we found out was council met in private meetings, round-robin fashion, in the office of the attorney and chief executor of the Marting Foundation. During these meetings questions were asked and answered, deliberations took place, and no information was ever presented to the public before a charade vote was taken in a public meeting.

In November 2004 Judge Marshall ruled that City Council by meeting in groups of three circumvented the “Sunshine Laws”. He ruled the purchase null and void and returned the $2 million back to the city of Portsmouth. Prior to Judge Marshall’s ruling Mayor Bauer was recalled for his part in the Marting scam and the Mayor’s seat, as directed by the Portsmouth City Charter, was filled by James Kalb, President of Council;. Kalb was also involved in the initial Marting scheme and when Judge Marshall returned the money to the city Kalb signed a second agreement with the Marting Foundation giving the illegally collected monies back to the foundation and the liability with the Marting Building back to the city.

This impasse between the citizens of Portsmouth and several city officials and the Marting Foundation has been on-going since 2002. Also, my husband and I have been tied up in court since May of 2004 with expenses nearing $50 thousand trying to right the wrong that was done to the citizens of Portsmouth.

Since 2004 several city officials who are linked to the Marting scandal have either been recalled or voted out of office by the citizens, or placed on administrative leave pending investigation. Individuals recalled were the Mayor Greg Bauer, 1st Ward Council Ann Sydnor, and 3rd Ward Council Carol Caudill; voted out of office by almost 3 to 1 was the City Solicitor David Kuhn; and placed on Administrative Leave is the Chief of Police Charles Horner.

Ms. Wulsin, you owe the citizens of Portsmouth a public apology for speaking without first considering the impact of your statement and for disrespecting the citizens of Portsmouth by your early departure. The citizens of Portsmouth had the courtesy to listen to you. You should have had the courtesy to listen to them.

If you have any further questions or comments please feel free to contact me. Also, you can reference my website at http://portsmouthcitizens.info/blog or Bob’s Council information website at http://mollette.info; Bob was elected as 3rd Ward Councilman after the recall of Carol Caudill.

Respectfully,

Teresa Mollette
Portsmouth, Ohio

______

June 1, 2008

Dear Ms. Wulsin:

I am a retired English professor from Shawnee State University. In my years at SSU, I was very active in the faculty union, serving four terms as president. For the last four years, I have been writing a widely read political blog on Portsmouth called River Vices http://rivervices.blogspot.com I have also been president of the Concerned Citizens of Portsmouth and Scioto County, a group that has been struggling for better government in Portsmouth for almost twenty years. One mayor and two council members have been recalled, another council member removed from office for violation of the City Charter, and the police chief, who was recently relieved of his duties, is being investigated by the Bureau of Criminal Identification and Investigation for unspecified charges. All of these individuals were part of the conspiracy that passes for representative government in Portsmouth, and all of them became the focus of relentless attention on the part of concerned citizens.

I was present at the last City Council meeting when you made your by now infamous cameo appearance to offer your unqualified support for the most recent attempt by our corrupt city officials to make developers richer and ordinary citizens poorer.

I had thought that I would vote for a yellow dog before I would vote for Jean Schmidt, but now I realize I have another option, which is to not vote for you. It is hard to believe that you could breeze in and out of the Council meeting without knowing more than you did about the political realities of Portsmouth, and about the bitter struggle to stop our corrupt politicians from foisting unwanted building projects on us on unsuitable sites.

I will give you the benefit of the doubt and not assume you knew that the City Council did not let it be known that the item you spoke in support of was not added to the agenda until after the meeting was half over. That is an underhanded trick that our crooked politicians resort to when they want to keep citizens who are opposed to their schemes from coming to the meeting. They of course let you and other of their supporters know ahead of time that it was going to be on the agenda, because that is how they operate.

Before you return to Portsmouth, I suggest that you, or one of your staff who has the time, read the informative blogs of Councilman Bob Mollette and that of his wife, Teresa Mollette, and otherwise do at least a little research on the last ten years of Portsmouth’s history.

We also will pay more attention to you and follow your campaign for Congress more closely. Maybe your gaffe in Portsmouth is not characteristic of your campaign. Be certain, however, that if it is par for the course, it will end up losing you more votes than you gain.

Robert Forrey, Ph.D.

Marting’s: The Right Decision?

Filed under: MARTING,Uncategorized — tkm March 2, 2008 @ 21:0 pm

In May 2002 Mayor Bauer made an arrangement for the city of Portsmouth to buy the Marting building from the Marting Foundation for $2 million. The Portsmouth Daily Times (PDT) did not report the sale until it was final.

When my husband, Bob and I read of the sale in the PDT, we became interested in knowing more about it. During this time we heard about a website called the Shawnee Sentinel, which was also putting out information about the purchase of the Marting Building.

For a little over a year we tried to put the pieces together on the purchase of the Marting building, but we were getting a lot of mixed signals. So we attended our first City Council meeting in January 2004.

At that meeting we tried to ask the council questions. We were told citizens could speak to the council but the council was not permitted to answer citizens’ questions. After this frustrating experience Bob and I decided to find the answers to our questions by doing our own research. After several months of reading the City Charter and the Ohio Revised Code, we determined that City Council had violated the laws of Ohio and the city of Portsmouth in purchasing the building from the Marting Foundation. On May 28, 2004 we filed an injunction through the Common Pleas Court of Portsmouth. As a result of this injunction we won back the $2 million dollars from the Foundation.

In 2004 we also became involved with the recall of Mayor Bauer. This involvement was due to our belief of Bauer’s misconduct in office as it related to the Marting building purchase. In June of 2004 Bauer was recalled.

In August 2004, Bob and I decided Carol Caudill, our Third Ward Council person, was just as involved as the mayor in the taxpayer fraud, so we took out a recall petition on Caudill and petitions to have Bob placed on the ballot to replace Caudill as Third Ward Council. In November 2004, Caudill was recalled and Bob was elected to take her place.

During the past several years, from May 2004 until February 2008, Bob and I have learned a lot about current and past city business. Through our injunction we have learned that council members met in groups of three and in round-robin sessions in violation of the Sunshine Laws. We learned city officials allowed a tax levy to continue from 1998 through 2002, which resulted in an illegal $2 million surplus in the 401 debt retirement fund. This illegally collected $2 million was used to purchase the Marting building.

Now the city of Portsmouth must come up with a plan to utilize the Marting building in order to get back the $2 million or less that is now being held by the Marting Foundation. Should the city accept the Marting ultimatum or should it refuse to send good money after bad? The Building Committee chair Mike Mearan has publicly declared the city should make a decision, whether it is right or wrong. I believe the city cannot afford another wrong decision. There have already been too many wrong decisions; including the first decision to buy the Marting building and then the second decision to hand back the $2 million to the Marting Foundation after Judge Marshall had invalidated the sale.

I believe a start for making the right decision for what is best for the city would be to develop a comprehensive plan, this plan would include the renovation of the current city building. These plans would also include estimates on building a new structure whether the location is at the current city building site, the current site of the old Adelphia building, or at the site of the old Marting building.

What ever the final decision, this decision needs to be the right decision and what is best for the citizens of Portsmouth.

The last thing we can afford is another wrong decision.

Mollette case ruling upheld

Filed under: MARTING,Uncategorized — tkm August 15, 2007 @ 0:0 am

8-15-07 Judge Marshall ruled – Mollette case ruling upheld:

See details on following link:
CLICK:  8-15-07 Marting

Next Page >>>