Tuesday, October 12, 2010
DCCC Pulls Support For Van Haaften In Bloody 8th District
It looks like the DCCC has conceded the open 8th District race to Republican Larry Bucshon. Hotline says the Democratic committee has pulled ad reservations for Trent Van Haften. "In IN 08, state Rep. Trent Van Haaften (D) will not be able to count on any more support from the DCCC in his race against heart surgeon Larry Bucshon (R)," Hotline reports. The seat has been safely in Democratic hands since U.S. Rep. Brad Ellsworth ousted John Hostettler in 2006 and would have been considered a safe seat again this year had Ellsworth not opted to seek the Senate seat being vacated by Sen. Evan Bayh (D).
Chicago Experiences Rash Of Stolen Electronic Parking Meters
It's one thing for motorists to vandalize Chicago parking meters to vent their anger over the steep schedule of rate hikes tied to the 75-year, $1.15 billion deal that privatized the city's 36,000 meters.Notice the spokesperson for the private parking meter operator is a former press secretary to Mayor Daley. Look for a revolving door of people in the Ballard administration to land lucrative jobs with ACS if the City-County Council approves Mayor Ballard's 50-year lease deal with the politically-connected company.
It's quite another to abscond with the entire pay-and-display box.
The Chicago Police Department is investigating a rash of recent thefts of the 200-pound pay-and-display boxes installed across the city to replace individual meters and make it unnecessary for motorists to stuff their pockets with quarters.
"There have been approximately 20 [boxes] taken, of which four have been recovered," said Police Department spokesman Roderick Drew in an e-mail response to the Chicago Sun-Times.
All of the thefts have happened since Sept. 17.
"The thefts have occurred citywide, with nearly half in Area 5. Area 5 detectives have been working with LAZ Parking [the private parking meter operator] to address this issue. Residents who witness vandalism or suspicious behavior should call police immediately. It is not known how much may have been taken from the stolen pay boxes."
Avis LaVelle, the former mayoral press secretary now serving as a spokeswoman for Chicago Parking Meters LLC, would only say that, "Theft or destruction of meters or pay boxes is a serious offense and will be prosecuted to the fullest extent of the law."
The parking meter deal has been a political nightmare for Mayor Daley and aldermen who granted lightning-fast approval of the deal.
Steep rate increases that forced drivers to stuff their pockets with quarters would have been bad enough. But broken and frozen pay-and-display boxes -- there are some 3,000 citywide -- and overstuffed and improperly calibrated meters that overcharged motorists made it even worse.
Motorists were initially so incensed by the rate hikes tied to the deal, they vandalized and boycotted meters, leading to a dramatic drop in on-street parking.
Parking meter revenues have since recovered nicely, but the equipment nightmare apparently continues for the private contractor.
Two Prosecutors Named To Independently Investigate Charlie White
Charlie White's fortunes took a turn for the worse as Hamilton Co. Prosecutor Sonia Leerkamp announced the appointed of two independent special prosecutors to look into vote fraud allegations against him concerning his residency while he served as a member of the Fishers town council. John Dowd, a Republican and former Warren County prosecutor, as the lead prosecutor and Daniel Sigler, a Democrat and former Adams County prosecutor, as Dowd's assistant have been approved by a Hamilton County judge. "If the two disagree, Dowd would have the authority to make the decision, but Sigler would have the chance to object, Wehmueller" told the Star's Carrie Ritchey.
You may recall Sigler served as a special prosecutor in the campaign finance case of Ft. Wayne Republican mayoral candidate Matt Kelty that led to his conviction on felony campaign finance charges. Sigler proved he is a very thorough investigator, and I highly doubt he would stand by and let the Republican Dowd sweep the White case under the rug if he thinks the law was violated. His participation in the case must scare the hell out of White. By comparison, Marion Co. Prosecutor Carl Brizzi has repeatedly appointed former Monroe County Prosecutor Barry Brown to serve as special prosecutor in such cases here. Critics have dubbed Brown's investigation the "Brown Hole" because the cases simply disappear once they are turned over to him or are badly botched such as was the case he brought against former City-County Councilor Ron Gibson for assaulting an Indianapolis police officer.
You may recall Sigler served as a special prosecutor in the campaign finance case of Ft. Wayne Republican mayoral candidate Matt Kelty that led to his conviction on felony campaign finance charges. Sigler proved he is a very thorough investigator, and I highly doubt he would stand by and let the Republican Dowd sweep the White case under the rug if he thinks the law was violated. His participation in the case must scare the hell out of White. By comparison, Marion Co. Prosecutor Carl Brizzi has repeatedly appointed former Monroe County Prosecutor Barry Brown to serve as special prosecutor in such cases here. Critics have dubbed Brown's investigation the "Brown Hole" because the cases simply disappear once they are turned over to him or are badly botched such as was the case he brought against former City-County Councilor Ron Gibson for assaulting an Indianapolis police officer.
E-Mails Show Clubby Relationship Between Daniels IURC And Duke
It's no wonder Gov. Mitch Daniels moved quickly to get out front of the storm brewing over Duke Energy's hiring of the IURC's top lawyer, Scott Storms. E-mails obtained by the Star show the state's top regulators and Duke Energy were making light of his impending job offer and the ethics review that would attend Storms' hiring. John Russell shares some of the more damning e-mails in a story today that were exchanged between him, IURC Chairman David Hard and top Duke officials all while Storms was still handling a big Duke case on behalf of the IURC:
Make sure you read all of these e-mails here the Star obtained for this story. It is disturbing to say the least. Storms and Hardy are so clearly in bed with Duke Energy folks. There needs to be a criminal investigation. It's that bad.
"I am still working the 'you' issue with Duke mgt," said the e-mail from Michael W. Reed to Scott Storms, general counsel of the Indiana Utility Regulatory Commission. "Don't sense a concern about making this happen, rather more of an issue of when and how. Call and [I'll be] glad to elaborate." . . .Russell's story doesn't mention it, but if memory serves me correctly, James Turner, the North Carolina Duke official mentioned in one of the e-mail exchanges, is a former IURC employee like Storms and Reed. Gov. Daniels was no doubt tipped off about the e-mail exchanges before the documents were turned over to the Star, which explains why he moved so quickly to fire Hardy. It is interesting why the Star has taken such an interest in this case while it has ignored so many other revolving door cases, particularly involving key members of Mayor Greg Ballard's administration.
In early September, Hardy and Storms joked about the State Ethics Commission's review of Storms' plan to accept a job with Duke. "It was impressive that you did not laugh during the Ethics hearing," Storms wrote in an e-mail to Reed and Hardy.
The same day, Storms asked Hardy and Reed whether they would serve as references for a company background check conducted by Duke Energy Indiana's parent, Duke Energy Corp., based in Charlotte, N.C.
"I added both of you," he wrote in the Sept. 10 e-mail. "I hope this is OK."
Reed shot back: "Absolutely not." Storms replied: "Uh oh. . . " and Reed quickly made it clear he was joking. "Well ok. :)" he wrote . . .
Hardy, for his part, fired an e-mail back to Storms: "Attending the Ethics hearing and not laughing is more credit than is in your account." . . .
Still, Duke executives in North Carolina had joked about Storms' hiring process along the way. On Sept. 17, as they were awaiting the results of Storms' company drug test, James Turner, a group executive and president of Duke's U.S. Franchised Electric & Gas division, wrote: "I'm still waiting on mine. There is concern about a history of delusion-inducing substances." . . .
According to the June 27 e-mail between Hardy and Storms, talks apparently had been under way for a while, judging from Hardy's comment that he was "still working the 'you' issue" with his superiors. The subject line of that e-mail simply read "Update."
In the meantime, Storms would continue to work on Duke cases. On July 28, Storms signed an IURC order that proposes that Duke recover billions of dollars in costs for construction of the Edwardsport plant from customers and earn incentives.
Make sure you read all of these e-mails here the Star obtained for this story. It is disturbing to say the least. Storms and Hardy are so clearly in bed with Duke Energy folks. There needs to be a criminal investigation. It's that bad.
Monday, October 11, 2010
Rule Of Law Does Not Apply To The CIB
The Marion County Alliance of Neighborhood Associations (MCANA) has questioned the legality of the interlocal agreement entered into between the Metropolitan Development Commission and the Capital Improvement Board to divert $8 million a year annually to the CIB out of excess TIF funds that are derived from property tax collections within a downtown TIF district. MCANA cites a state law requiring the CIB's fiscal body, the Indianapolis City-County Council, to approve the interlocal agreement. WRTV reports:
That is why the CIB could enter into a loan agreement with the Indiana Pacers obligating itself to loan $30 million to the privately-owned NBA franchise over the next 3 years without any appropriation in its 2010 budget to make such loans or, more importantly, absolutely no authority granted to it in its enabling statute that permits it to loan money to a private corporation for any purpose. That is why the CIB could write into that loan agreement a provision that forgives repayment of the initial $10 million it has already loaned to the Pacers if the City-County Council refuses to go along with the loan plan. That is why the CIB can deposit the $8 million from property tax revenues into a bond fund intended solely to repay indebtedness of the CIB instead of its operating budget fund, but cannot offer any explanation to City-County Councilors at tonight's Municipal Corporations Committee meeting tonight on its budget why it did this. That is why the CIB can agree to borrow $27 million from the State of Indiana without a sinking fund established to repay that loan. That is why the CIB could borrow a similar amount from the investors in Circle Centre Mall more than a decade ago without establishing a sinking fund to repay that loan. That is why Ann Lathrop can tell members of the committee that the CIB's 2011 budget relies on no new tax revenues even though that is exactly what the TIF revenues represent. That is why the CIB can spend $4 million from this new source of revenue that was never appropriated to it by the City-County Council in its 2010 budget. That is why the CIB's President can describe it as simply a minor audit exception when the State Board of Accounts determined that the CIB had paid millions of dollars in legal fees to Toby McClamroch and his law firm as the CIB's counsel without a written fee agreement as required by state law. You see, the rule of law doesn't apply to the CIB. It's just that plain and simple.
Ann Lathrop boasted that she had fixed a $47 million deficit she and the Ballard administration inherited. That's total bullshit. She hasn't fixed any deficit. We've poured tens of millions of dollars more into this rat hole and they've passed out tens of millions of dollars more into private hands. That $47 million deficit still exists in the form of debt for which the CIB will freely admit it has no plan for repayment. Yes, there will have to be even more tax increases in the future to pay for that debt. Lathrop knows that. City Controller David Reynolds knows that. And Mayor Greg Ballard knows that. But all of them will lie and tell you that won't be necessary for bringing the CIB's budget under control. Councilor Angel Rivera actually patted Lathrop on the back for a job well done during tonight's hearing. Either he is totally stupid or is just the consummate ass kisser trying to win favor to help land more government contracts through his city council position for the MBE firm that employs him.
"We question whether the law is being correctly interpreted," said group President Cathy Burton, who wrote letters to council members expressing concern. "I hope they'll listen and will hear us and step back and look a little more closely at how they're making the decision."When Pat Andrews, MCANA's Vice President first raised this issue with me, I told her that's exactly how the CIB would claim its actions were lawful. Never mind that the CIB is not statutorily authorized to levy a property tax, never mind that the CIB has never been a recipient of property tax revenues, never mind that no public notice was ever provided of this plan to divert property tax revenues to a governmental entity that has never been funded with property tax revenues and never mind that the City-County Council is truly the fiscal body for the CIB because it is the body by law that must appropriate any money spent by the CIB during the annual budget process for city-county government. The rule of law does not apply to the CIB. It's just that plain and simple.
Burton said McANA read the law to mean that the City-County Council is the CIB's fiscal body, meaning members would have to approve the deal.
But representatives with the CIB said their fiscal body is the group's own board, despite the fact that the City-County Council has to sign off on the organization's budget.
"We followed what is required and we had very open discussions at the CIB board and MDC, which was what was required for this transaction," said CIB President Ann Lathrop. "Before we entered into this transaction, we received two legal opinions from two reputable law firms in town."
Deron Kintner with the Bond Bank, the debt-issuing entity for the city, told 6News that he believes the decision was legal and that he does not think the city will be susceptible to lawsuits.
But Burton said no matter how the law is interpreted, the City-County Council and the public should have been involved in a decision involving $8 million in taxpayer money.
"There needs to be more public conversation, even if they're not required to do so by law," Burton said. "Shouldn't the city council be looking at this? Our answer is yes."
That is why the CIB could enter into a loan agreement with the Indiana Pacers obligating itself to loan $30 million to the privately-owned NBA franchise over the next 3 years without any appropriation in its 2010 budget to make such loans or, more importantly, absolutely no authority granted to it in its enabling statute that permits it to loan money to a private corporation for any purpose. That is why the CIB could write into that loan agreement a provision that forgives repayment of the initial $10 million it has already loaned to the Pacers if the City-County Council refuses to go along with the loan plan. That is why the CIB can deposit the $8 million from property tax revenues into a bond fund intended solely to repay indebtedness of the CIB instead of its operating budget fund, but cannot offer any explanation to City-County Councilors at tonight's Municipal Corporations Committee meeting tonight on its budget why it did this. That is why the CIB can agree to borrow $27 million from the State of Indiana without a sinking fund established to repay that loan. That is why the CIB could borrow a similar amount from the investors in Circle Centre Mall more than a decade ago without establishing a sinking fund to repay that loan. That is why Ann Lathrop can tell members of the committee that the CIB's 2011 budget relies on no new tax revenues even though that is exactly what the TIF revenues represent. That is why the CIB can spend $4 million from this new source of revenue that was never appropriated to it by the City-County Council in its 2010 budget. That is why the CIB's President can describe it as simply a minor audit exception when the State Board of Accounts determined that the CIB had paid millions of dollars in legal fees to Toby McClamroch and his law firm as the CIB's counsel without a written fee agreement as required by state law. You see, the rule of law doesn't apply to the CIB. It's just that plain and simple.
Ann Lathrop boasted that she had fixed a $47 million deficit she and the Ballard administration inherited. That's total bullshit. She hasn't fixed any deficit. We've poured tens of millions of dollars more into this rat hole and they've passed out tens of millions of dollars more into private hands. That $47 million deficit still exists in the form of debt for which the CIB will freely admit it has no plan for repayment. Yes, there will have to be even more tax increases in the future to pay for that debt. Lathrop knows that. City Controller David Reynolds knows that. And Mayor Greg Ballard knows that. But all of them will lie and tell you that won't be necessary for bringing the CIB's budget under control. Councilor Angel Rivera actually patted Lathrop on the back for a job well done during tonight's hearing. Either he is totally stupid or is just the consummate ass kisser trying to win favor to help land more government contracts through his city council position for the MBE firm that employs him.
Shooting Of Off-Duty Cop At Downtown Club Calls For Review Of Policy
Despite the enormity of the conflict of interest issues raised when it was discovered dozens of IMPD officers worked off duty at OmniSource while stolen metal products were sold to the business and several other police officers working at the metal recycling company actually worked stolen metal investigations for the police department, few changes were implemented by the Ballard administration to regulate the practice of cops working private security jobs while off duty. This past weekend, an off-duty police officer was shot while working at a controversial downtown club. WTHR reports on the shooting of Officer Kerry Morse:
According to a Fox59 News report this morning, the club's owner says it employs four off-duty police officers and pats down people for weapons before they enter the club. The club's owner also disputed the number of police runs to the club documented by the police, claiming not all of those runs were responding to problems inside the club.
UPDATE: We may not have to wait too long for action. It looks like Club Level's liquor license is up for renewal next week and Det. Bill Carter, IMPD Nuisance Abatement Officer, indicates there will be testimony in opposition to the renewal of the liquor license according to WRTV. On another note, a reader asks me if it isn't the case that one of the owners of the controversial 300 East restaurant/bar in the Julia Carson Government Center and former owner of another controversial club on the City's far northside, Savoy, that was closed is an owner of this club. Anyone have any ideas on that?
An Indianapolis police officer was shot and wounded in downtown Indianapolis early Sunday morning.Police have responded to calls at this club 50 times in the last year, and this isn't the first shooting. One occurred last year. There was also someone shot and killed in the parking lot of the club (then known as the Vault) a couple of years ago. In 2006, three people were shot and killed after leaving the club. One has to wonder why this club continues to have its alcohol license renewed with all of crime problems that have arisen there, particularly since it is located in the heart of downtown and just a block from the City-County Building where IMPD is headquartered. One also has to wonder why IMPD would allow its officers to work off duty for club owners who operate an establishment that repeatedly is the source of criminal activity.
The wounded officer is 39-year-old Kerry Morse. Officer Morse is assigned to East District and is a 4 1/2 year veteran. He worked for the Crime Lab before becoming a sworn officer.
Medics responded to a report of an officer shot in the 100 block of North Delaware. Officer Morse was taken to Wishard Hospital, where he was listed in stable condition Sunday afternoon.
Police say the officer was working off duty at the Club Level nightclub at 120 East Market Street when he was called to break up a fight outside.
"Two groups of people were in a fight, shots were fired, our officer received a gunshot wound to the shoulder," said IMPD Sgt. Paul Thompson.
Police say Officer Morse was wearing a bullet-proof vest, but the bullet missed the vest and struck him in the shoulder.
Officers from the department, including Chief Paul Ciesielski, showed up downtown when they heard what happened. They helped detain the handful of people involved in the fight and witnesses, hoping to find the gunman.
"There were people inside the club prior to the event, in close proximity. We have reason to believe some of the people ejected from the club may have been involved," said Sgt. Thompson.
While police wouldn't say for sure whether the problems inside the club led to the shooting outside, they say they've been called to the club about 50 times in the last year. One of those incidents had a very similar outcome. Almost exactly a year ago, a fight ended in gunfire, with a victim shot in the head on Delaware Street.
Police are questioning several witnesses. So far, no arrests have been made in the shooting and no suspect description has been released.
According to a Fox59 News report this morning, the club's owner says it employs four off-duty police officers and pats down people for weapons before they enter the club. The club's owner also disputed the number of police runs to the club documented by the police, claiming not all of those runs were responding to problems inside the club.
UPDATE: We may not have to wait too long for action. It looks like Club Level's liquor license is up for renewal next week and Det. Bill Carter, IMPD Nuisance Abatement Officer, indicates there will be testimony in opposition to the renewal of the liquor license according to WRTV. On another note, a reader asks me if it isn't the case that one of the owners of the controversial 300 East restaurant/bar in the Julia Carson Government Center and former owner of another controversial club on the City's far northside, Savoy, that was closed is an owner of this club. Anyone have any ideas on that?
Sunday, October 10, 2010
Lucas Oil Stadium Outrage: Roof Closed Again
Billionaire Colts owner Jimmy "The Pill Popper" Irsay just had to have a $750 million stadium equipped with a retractable roof that added an extra $70 million to the construction cots. Yet game after game the roof remains closed despite perfectly sunny weather. Today is no exception as the Colts prepare to kick off against the Chiefs on an unseasonably mild October day. Temperatures are climbing into the 80s, and there is no chance of rain in sight. It's more important that fans have the comfort of an air-conditioned stadium than to make an effort to hold down utility costs borne by the taxpayers.
UPDATE: The Star's Bob Kravitz can always be counted on to tell it like it is. He pounds the Colts for keeping the stadium roof closed during yesterday's game and asks the Colts to refund the taxpayers the money it cost to add the retractable roof feature if it is going to be used so seldom. Click here to see the video.
UPDATE II: To add further to your outrage, the CIB told the Municipal Corporations Committee in response to a question asked by Councilor Dane Mahern about why the roof remains closed during so many of the games when the weather is ideal that it's the NFL's call, not our's. Yes, the NFL dictates to us whether we can open up the freaking roof for a freaking game, but you the taxpayers pick up 100% of the cost to air condition the massive stadium. I believe they are lying. I don't believe the NFL told them they couldn't open up the stadium roof yesterday. Their rules provide the stadium has to either be open or closed the entire game. If there is any chance of rain, it has to be closed because the stadium has no drainage system. There was no chance of rain. I do not believe the NFL ordered that roof opened. Jim Irsay ordered that roof to remain closed.
UPDATE: The Star's Bob Kravitz can always be counted on to tell it like it is. He pounds the Colts for keeping the stadium roof closed during yesterday's game and asks the Colts to refund the taxpayers the money it cost to add the retractable roof feature if it is going to be used so seldom. Click here to see the video.
UPDATE II: To add further to your outrage, the CIB told the Municipal Corporations Committee in response to a question asked by Councilor Dane Mahern about why the roof remains closed during so many of the games when the weather is ideal that it's the NFL's call, not our's. Yes, the NFL dictates to us whether we can open up the freaking roof for a freaking game, but you the taxpayers pick up 100% of the cost to air condition the massive stadium. I believe they are lying. I don't believe the NFL told them they couldn't open up the stadium roof yesterday. Their rules provide the stadium has to either be open or closed the entire game. If there is any chance of rain, it has to be closed because the stadium has no drainage system. There was no chance of rain. I do not believe the NFL ordered that roof opened. Jim Irsay ordered that roof to remain closed.
Star's "Tiff Over TIFs" Story Born On The Blogs
Had Enough Indy's Pat Andrews has written extensively about Tax Increment Financing ("TIF") districts and how the Ballard administration has been using excess funds from the property tax-driven TIFs as a slush fund. See here, here, here, here, here, here and here. This and other blogs have discussed it as well. See here, here, here and here. Today, one of the leading stories in the Star essentially regurgitates much of Andrews' volunteer work without attribution. The story from Jon Murray reads:
An alternative use of the excess funds--paying down the existing debt--is not even broached in the story. After all, TIFs were never intended to live on in perpetuity; rather, they were intended to live long enough to pay off the debt occasioned by the original economic development infrastructure improvements undertaken upon their creation. If the TIFs are generating so much excess revenues, paying down the debt early would return these large chunks of the property tax base that have been carved out to the tax rolls and allow the schools, libraries, IndyGO and other taxing districts access to the revenues they need to provide basic services without resorting to severe budget cuts or property tax increases. The president of the Greater Indianapolis Progress Committee, who also serves as President of the Greater Indianapolis Business Chamber of Commerce and who has never met a tax increase he doesn't support, Roland Dorson, adds his two cents' worth to the debate. "The Greater Indianapolis Chamber of Commerce's president sees diverting some excess revenue to the library or IndyGo as subverting the fund's intent," Dorson says. "If you start dipping from one bucket into another," Roland Dorson said, "you're going to have a far worse fiscal situation than today." Yeah, but it's okay to dip into the fund for billionaire Herb Simons' Indiana Pacers. Makes a lot of sense, Roland. I hope these people are stuffing your pockets with plenty of money to sell out 99% of the businesses your organization supposedly represents.
Indianapolis' libraries are slashing hours on an unprecedented scale and shedding jobs, and the bus system has turned to budget gymnastics to balance its spending plan.This story is long overdue, and I'm happy to see those pesky blogs Dennis Ryerson calls "noise" are doing all of the leg work for his paid reporters. The story's weakness, however, is the weight it gives to the Ballard administration's claim that legal requirements prevent the city from using excess funds derived from TIFs for other spending priorities:
Yet, while most local government units are cutting back, a Downtown Indianapolis economic development fund that draws its largess from property taxes has been flush with cash.
City-County Council Democrats are eyeing that fund as a potential pressure-relief valve for the ailing library and bus systems, but that plan is not likely to find support from Mayor Greg Ballard or key Republicans.
The city has tapped the fund for more than $12 million in development-related spending recently -- $3.5 million for City Market renovations, $600,000 to help pay for a sky bridge to connect the Indianapolis Artsgarden to a hotel, and $8 million to offset another agency's annual support of the Indianapolis Convention & Visitors Association.
And Ballard has proposed using the same fund to guarantee a developer's $86 million loan to build a hotel, apartments and office and retail space near Eli Lilly and Co.'s campus Downtown.
By comparison, the Indianapolis-Marion County Public Library struggled to patch a nearly $4 million budget hole this year.
Council Democrats and other critics see misplaced spending priorities, but Ballard and council President Ryan Vaughn, a fellow Republican, say that's beside the point.
Their legal review has determined that state laws -- which restrict where and how tax money captured for such development funds can be spent -- would forbid the city from diverting money for those purposes . . .Not surprisingly, the story doesn't even question the "economic development" purpose of diverting $8 million a year to the CIB, which Murray accepts as being used to fund the ICVA. As the blogs have noted, the ICVA already had dedicated revenues derived by the CIB for its funding. The CIB, which faced bankruptcy until a series of local tax increases, state tax diversions and state loans were implemented to shore up its financial picture, decided to give $33.5 million to billionaire Herb Simon to prop up his Indiana Pacers team. That left the CIB short the money it was obligated to spend on the ICVA. Thus, TIF revenues were diverted and declared an "economic development" use. That's economic development, as well as spending money to market the city's convention business and downtown hotels and businesses, but spending on the City's public transportation system, libraries or even parking meter modernization, which the Ballard administration has determined we must sell off to the politically-connected ACS because no current funding exists to modernize parking meters, is not economic development? Go figure.
Most of the money in the fund must stay parked, as a backup reserve for $576 million in debt for Downtown projects, including Circle Centre mall and the new JW Marriott hotel. That debt could grow to more than $700 million as the city prepares to launch two new high-profile development projects in or near Downtown, requiring even higher reserves.
To reassure bondholders, the Bond Bank tries to maintain an off-limits reserve of 10 percent to 15 percent of all outstanding debt, Executive Director Deron Kintner said.
The fund serves the Consolidated Downtown Tax-Increment Financing District, the largest of dozens of TIF districts in Marion County. It collects the increase in property taxes from economic development within the district, with the proceeds generally intended to be spent on development-related activity in the zone.
State law leaves some room for interpretation. Craig Hartzer, a clinical professor at the School of Public and Environmental Affairs at Indiana University-Purdue University Indianapolis, said most Indiana cities have used TIF money for new buildings or other improvements that expand the tax base.
"When the proceeds are used for things other than physical infrastructure, that would seem to be worth more scrutiny," Hartzer said.
Vaughn initially said he was open to exploring the use of any excess in the development fund to assist the library and IndyGo. But he said an analysis by the council's lawyer changed his mind.
An alternative use of the excess funds--paying down the existing debt--is not even broached in the story. After all, TIFs were never intended to live on in perpetuity; rather, they were intended to live long enough to pay off the debt occasioned by the original economic development infrastructure improvements undertaken upon their creation. If the TIFs are generating so much excess revenues, paying down the debt early would return these large chunks of the property tax base that have been carved out to the tax rolls and allow the schools, libraries, IndyGO and other taxing districts access to the revenues they need to provide basic services without resorting to severe budget cuts or property tax increases. The president of the Greater Indianapolis Progress Committee, who also serves as President of the Greater Indianapolis Business Chamber of Commerce and who has never met a tax increase he doesn't support, Roland Dorson, adds his two cents' worth to the debate. "The Greater Indianapolis Chamber of Commerce's president sees diverting some excess revenue to the library or IndyGo as subverting the fund's intent," Dorson says. "If you start dipping from one bucket into another," Roland Dorson said, "you're going to have a far worse fiscal situation than today." Yeah, but it's okay to dip into the fund for billionaire Herb Simons' Indiana Pacers. Makes a lot of sense, Roland. I hope these people are stuffing your pockets with plenty of money to sell out 99% of the businesses your organization supposedly represents.
Saturday, October 09, 2010
HRO Authors Don't Understand Their Own Law
The Indianapolis Star is aflutter this weekend because the authors of Indianapolis' Human Rights Ordinance, City-County Councilor Jackie Nytes (D) and former City-County Councilor Scott Keller (R), have decreed it does not apply to prohibit Just Cookies, a family-owned bakery that operates in the city-owned City Market, from refusing to serve a GLBT-oriented student organization. A Star editorial hails a column penned by the two, along with a couple of self-appointed representatives of an organization called Indiana Equality, as "thoughtful and gracious." According to the HRO authors' view, requiring Just Cookies to prepare rainbow-colored cupcakes for a GLBT organization "force[s] a small business owner to support a political initiative he or she opposes." Phooey.
"The recent amendment to the (human rights ordinance) was designed to ensure that (gay, lesbian, bisexual and transgender) citizens are treated with the common decency that every human being deserves," the HRO's authors claim. There is absolutely nothing in the HRO requiring anyone to treat anybody else with "common decency" as these authors claim. There is, however, a specific prohibition in the Indianapolis HRO that prohibits discrimination in public accommodations on several bases, including sexual orientation or gender identity. Further, any city contract, including the lease signed by Just Cookies to operate in City Market, requires a clause prohibiting discrimination by the business in its operations on either of these bases. The HRO's authors suggest the refusal to serve the GLBT-oriented student organization was based on an expression of their free speech rights against the "National Coming Out" event for which they placed their order, an "essential nuance", not because of their associations with gays, lesbians or transgendered persons. "We suspect that they would have refused this particular order no matter who placed it, gay or straight," the authors write. "We are aware of no other reports of the vendor refusing to serve their product to GLBT persons," they assert.
Well, unless the Stocktons have super-human gaydar capabilities, it seems unlikely that they can scan every customer and immediately discern whether they are gay. If former BMV Commissioner Andy Miller had stopped by Just Cookies earlier this week to purchase some cookies to satisfy his appetite before visiting the men's bathroom at Claypool Court to jack off in front of other male patrons of the bathroom, I highly doubt the Stocktons would have had any reason to suspect he was gay unless he had told them what he planned to do after he specifically requested rainbow-colored cookies. Would they? What we know is the Stocktons turned down the order after they learned the request for rainbow-colored cupcakes was for a GLBT-oriented student organization in celebration of National Coming Out Day. It wasn't because they requested cupcakes instead of cookies. It wasn't because they placed a special order, or their order was too large to fill. It wasn't because they requested rainbow-colored cupcakes instead of red, white and blue cupcakes. It was because they requested cupcakes for a gay organization in celebration of a gay-oriented event. The Stocktons could no more refuse to serve the student organization than any downtown hotel could refuse to book rooms for a gay organization's event, a group of Baptists or Black Expo. In any of these cases, the hotel's refusal to accommodate the gay organization, the Baptists or Black Expo is not not a question of free speech; it is a question of providing public accommodations without discriminating on the basis of a person's sexual orientation, religion or race.
Indeed, this is the very position Indianapolis officials have taken with respect to downtown businesses hours of operation during Indiana Black Expo's Summer Celebration. After Black Expo's organizers complained to city leaders that a number of businesses closed down during Black Expo's Summer Celebration, the business owners were given a less than thinly-veiled threat to keep their businesses open or face action by the city. Some of the business owners would tell you their reason for closure had nothing to do with race; rather, they were tired of dealing with the roaming mobs of teen-aged hooligans who frightened away their customers, endangered their employees and damaged their property. Multiple shooting victims at this year's event and previous events over the years proves their fears are not unfounded. Nonetheless, city officials made it clear racial inferences would be drawn from their actions if they chose to close their businesses down during otherwise normal hours of operation for the businesses.
Perhaps no other organization in this state needs to be reminded of what Indianapolis' HRO means than Indiana Equality. The organization claims its mission is "to end discrimination based on sexual orientation and gender identity in Indiana" but the group referred to by some as "Indiana Inequality" grants membership in the organization only to a handful of self-appointed leaders of Indiana's GLBT community to speak on behalf of the state's entire GLBT community. It has been heavily criticized for its exclusionary membership practices within the GLBT community and came under sharp criticism last year when it surprisingly announced its opposition to the Employment Non-Discrimination Act (ENDA) because it provided protection from discrimination in the employment context only and did not apply to other areas, such as housing and public accommodations.
Nytes and Keller, not surprisingly, both have co-chaired Indiana Equality's political action committeee and Keller currently sits on its board of directors. I was not surprised their opinion letter in the Star used an example of a Jewish-owned printing company since Nytes and her husband just happen to own a printing company. "While a Jewish printer might be compelled by the law to offer her services to somebody who claims to be an Aryan, we do not expect that the ordinance would compel her to print banners promoting a march by the Aryan Nations," the authors write. I think what Nytes is trying to say is that she and her husband should be free to deny service to any organization with whom they differ in opinion. We learned last year how willing she was to discriminate when she voted against the appointment of a white male Republican who works for Gov. Mitch Daniels to the Equal Employment Advisory Board, who also just happens to be gay. After I mentioned the irony of a member of Indiana Equality's leadership voting against the appointment of a gay person to the EEO board, a friend of Nytes called me to explain she wouldn't have voted against him if she had known he was gay. Why should that have mattered to her whether he was straight or gay?
And who would have thought Kentucky GOP Senate candidate Rand Paul and Jackie Nytes think alike on this issue? Paul created a firestorm earlier this year when he suggested the Civil Rights Act of 1964 and the Americans With Disabilities Act were overreaches with respect to public accommodations and should be changed to allow business owners to discriminate if they so pleased. For Nytes' point of reference, it has often been noted how Jewish business owners who operated general stores in small towns in the South during segregation were often the only businesses in town which would accommodate anyone who walked in the door regardless of race or religion, including the very white segregationists who paraded around in white sheets and burned crosses vilifying Jews, Blacks, Catholics and others with whom they disapproved.
Back to Just Cookies, nobody is calling on the city to kick the anti-gay bigoted Stocktons out of their spot in City Market. They are, however, asking the city to explain to them the city's human rights ordinance bars them from refusing service to individuals or groups because of their sexual orientation. If they want to continue operating their business on city-owned property, they need to understand they have to serve everyone, not just those who are straight or support their religious views. Otherwise, the city will have no choice but to boot them from the city-owned property. This should be a simple thing for the city to understand, particularly since it spends so much of our taxpayer dollars promoting the city as a destination spot for visitors and conventioneers.
"The recent amendment to the (human rights ordinance) was designed to ensure that (gay, lesbian, bisexual and transgender) citizens are treated with the common decency that every human being deserves," the HRO's authors claim. There is absolutely nothing in the HRO requiring anyone to treat anybody else with "common decency" as these authors claim. There is, however, a specific prohibition in the Indianapolis HRO that prohibits discrimination in public accommodations on several bases, including sexual orientation or gender identity. Further, any city contract, including the lease signed by Just Cookies to operate in City Market, requires a clause prohibiting discrimination by the business in its operations on either of these bases. The HRO's authors suggest the refusal to serve the GLBT-oriented student organization was based on an expression of their free speech rights against the "National Coming Out" event for which they placed their order, an "essential nuance", not because of their associations with gays, lesbians or transgendered persons. "We suspect that they would have refused this particular order no matter who placed it, gay or straight," the authors write. "We are aware of no other reports of the vendor refusing to serve their product to GLBT persons," they assert.
Well, unless the Stocktons have super-human gaydar capabilities, it seems unlikely that they can scan every customer and immediately discern whether they are gay. If former BMV Commissioner Andy Miller had stopped by Just Cookies earlier this week to purchase some cookies to satisfy his appetite before visiting the men's bathroom at Claypool Court to jack off in front of other male patrons of the bathroom, I highly doubt the Stocktons would have had any reason to suspect he was gay unless he had told them what he planned to do after he specifically requested rainbow-colored cookies. Would they? What we know is the Stocktons turned down the order after they learned the request for rainbow-colored cupcakes was for a GLBT-oriented student organization in celebration of National Coming Out Day. It wasn't because they requested cupcakes instead of cookies. It wasn't because they placed a special order, or their order was too large to fill. It wasn't because they requested rainbow-colored cupcakes instead of red, white and blue cupcakes. It was because they requested cupcakes for a gay organization in celebration of a gay-oriented event. The Stocktons could no more refuse to serve the student organization than any downtown hotel could refuse to book rooms for a gay organization's event, a group of Baptists or Black Expo. In any of these cases, the hotel's refusal to accommodate the gay organization, the Baptists or Black Expo is not not a question of free speech; it is a question of providing public accommodations without discriminating on the basis of a person's sexual orientation, religion or race.
Indeed, this is the very position Indianapolis officials have taken with respect to downtown businesses hours of operation during Indiana Black Expo's Summer Celebration. After Black Expo's organizers complained to city leaders that a number of businesses closed down during Black Expo's Summer Celebration, the business owners were given a less than thinly-veiled threat to keep their businesses open or face action by the city. Some of the business owners would tell you their reason for closure had nothing to do with race; rather, they were tired of dealing with the roaming mobs of teen-aged hooligans who frightened away their customers, endangered their employees and damaged their property. Multiple shooting victims at this year's event and previous events over the years proves their fears are not unfounded. Nonetheless, city officials made it clear racial inferences would be drawn from their actions if they chose to close their businesses down during otherwise normal hours of operation for the businesses.
Perhaps no other organization in this state needs to be reminded of what Indianapolis' HRO means than Indiana Equality. The organization claims its mission is "to end discrimination based on sexual orientation and gender identity in Indiana" but the group referred to by some as "Indiana Inequality" grants membership in the organization only to a handful of self-appointed leaders of Indiana's GLBT community to speak on behalf of the state's entire GLBT community. It has been heavily criticized for its exclusionary membership practices within the GLBT community and came under sharp criticism last year when it surprisingly announced its opposition to the Employment Non-Discrimination Act (ENDA) because it provided protection from discrimination in the employment context only and did not apply to other areas, such as housing and public accommodations.
Nytes and Keller, not surprisingly, both have co-chaired Indiana Equality's political action committeee and Keller currently sits on its board of directors. I was not surprised their opinion letter in the Star used an example of a Jewish-owned printing company since Nytes and her husband just happen to own a printing company. "While a Jewish printer might be compelled by the law to offer her services to somebody who claims to be an Aryan, we do not expect that the ordinance would compel her to print banners promoting a march by the Aryan Nations," the authors write. I think what Nytes is trying to say is that she and her husband should be free to deny service to any organization with whom they differ in opinion. We learned last year how willing she was to discriminate when she voted against the appointment of a white male Republican who works for Gov. Mitch Daniels to the Equal Employment Advisory Board, who also just happens to be gay. After I mentioned the irony of a member of Indiana Equality's leadership voting against the appointment of a gay person to the EEO board, a friend of Nytes called me to explain she wouldn't have voted against him if she had known he was gay. Why should that have mattered to her whether he was straight or gay?
And who would have thought Kentucky GOP Senate candidate Rand Paul and Jackie Nytes think alike on this issue? Paul created a firestorm earlier this year when he suggested the Civil Rights Act of 1964 and the Americans With Disabilities Act were overreaches with respect to public accommodations and should be changed to allow business owners to discriminate if they so pleased. For Nytes' point of reference, it has often been noted how Jewish business owners who operated general stores in small towns in the South during segregation were often the only businesses in town which would accommodate anyone who walked in the door regardless of race or religion, including the very white segregationists who paraded around in white sheets and burned crosses vilifying Jews, Blacks, Catholics and others with whom they disapproved.
Back to Just Cookies, nobody is calling on the city to kick the anti-gay bigoted Stocktons out of their spot in City Market. They are, however, asking the city to explain to them the city's human rights ordinance bars them from refusing service to individuals or groups because of their sexual orientation. If they want to continue operating their business on city-owned property, they need to understand they have to serve everyone, not just those who are straight or support their religious views. Otherwise, the city will have no choice but to boot them from the city-owned property. This should be a simple thing for the city to understand, particularly since it spends so much of our taxpayer dollars promoting the city as a destination spot for visitors and conventioneers.
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