IS IT TRUE December 4, 2013

1. The total lack of planning for all the contingencies of the ACA leads any thinking person to conclude that the Obama administration did not presume that the plan would ever come to fruition in the first place. When it did, they were totally unprepared.

   To me, that gives credence to those who have said all along that the real strategy was to produce the chaos we are currently witnessing and then declare an emergency whereby the President will step in under the emergency powers act and, voila, the left’s big socialist agenda is secured.

   We will be moving into very dangerous times should this scenario come about.

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   • Wow, please get help.

     • So Press concludes that the Obama Administration did not think ACA would work and plotted to scuttle it to socialize our medicine. The more believable alternative and my belief is that they thought it would work and just did not have the management talent to build a website and craft a law that would achieve the goals they gave speeches about.

       Either way it is scary for the average citizen. Either Press is right and the Obama Administration is calculating and evil or I am right and they are a total cabal of incompetents that can’t so much as tie their own shoes. Which America do you prefer?

       That fool just said on MSNBC that ObamaCare is the defining challenge of our time. What a self important and fundamentally ignorant statement. This guy should not be hired to do anything but talk. He is like those jabber jays in Hunger Games 2. He is incapable of doing anything but a speech that someone has written for him.

       Notice that there is no option that says, a good law was written, understood, and executed to at least a level of acceptance. As long as this moron and the people he has surrounded himself with are in charge our country will be in a state of confusion.

       • The Left’s desire for government provided single payer healthcare predates the Obama Administration.

         It is getting where there is not a dime’s worth of difference between the tenants of the Democrat party and their soul mates:

         http://socialistparty-usa.net/

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         • http://www.pnhp.org/facts/single-payer-system-cost

           I know you don’t like facts if they don’t fit your agenda, but give it a look.

         • The seemingly wild theories you advance with your comments today contain a bit of merit in fact.

           As a liberal, I supported universal single payer Medicare for all U.S. citizens. Some of my liberal compatriots support the same for all residents of the U.S., including undocumented workers.

           I have to think about it a bit further, but in fact, providing universal single payer Medicare for undocumented workers, if they’re paying the withholding out of their paychecks, seems at least as feasible as providing universal Medicare for non-working citizens younger than retirement age. Right?

           Anyway, universal single payer Medicare for all Americans will not work unless we implement programs to more fully employ Americans. Obama promised to initiate massive infrastructure construction and reconstruction projects. Yet we see none, other than those few “shovel ready” road paving jobs back during the depths of the 2009 recession.

           Without near-full employment, the liberal’s dream of universal single payer Medicare for all is a pipe dream. Near-full employment is the key because it will take double or triple the current Medicare withholding tax to achieve universal single payer health care for all Americans. Near-full employment is only possible with massive public works projects.

           Obamacare is the Heritage Foundation version of universal health care. It stinks!

           Pressanykey, while your theories may hold a scintilla or two of water, don’t hold your breath. If Obama intends to institute a single payer version of universal health care, the telltale sign will be when he launches massive public works projects. All his and GW’s bailouts have failed to raise employment levels to that which will sustain universal single payer health care.

   • only the liberal fools believed barry the community organizer would give them top notch gold healthcare and at the same time they would save money………the fools and their gold……….I believe this will destroy liberalism…….

   • It is evident that Obama and his minions are intelligent. You don’t get elected to be POTUS unless you are highly intelligent. You are also part of a team that is top-notch in making plans and contingencies. I can not believe that all of the miscues with Obamacare are accidents. I agree that this is all part of a long-term plan to single payer. It’s either intentional or the President and his team are idiots that don’t understand technology or business. We were made aware that he has many tech-savvy individuals in his camp with all of the congratulatory news pieces about how they motivated their voters to come out by using technology.

     • do not forget up to now barry had the media invested in and covering for his ineptness………obamacare they can not cover for………this barrycare law will be a disaster to the liberal obama zombies……….we will see………

     • Look at the backgrounds of the President and his staffers. They have no background in business or technology. There is nothing in their experiences that would indicate that they came to their jobs with any background in getting things done. That said, the 2008 campaign was a social media masterpiece. Maybe they are just not interested enough in making something happen to pay sufficient attention to the details required for successful execution.

       They are clearly not idiots but their skills are in communications and paperwork, not technology, insurance,project management, or healthcare.

       To expect these folks to execute well in these fields may be like expecting an opera singer to perform surgery or balance the books. They really don’t get it when it comes to making ideas into realities. The stimulus had the same sorts of failures due to failing to pay attention or vet projects. They were clueless. Thus the statement “I guess we didn’t really know what shovel ready was” came from the President’s mouth.

       It is a darn shame they couldn’t even hire competent people to even come close to making ObamaCare or it’s website happen on a schedule that was known for 3 years.

       Think about it, 3 years before becoming President, Barack Obama had the same job in Illinois that Vanetta Becker has for this Indiana Senate District. I have nothing but admiration for Senator Becker but a couple of years in Indianapolis as a State Senator would never prepare one to be the President.

       The people have voted (twice) now and we are paying with the fruits of amateur hour in Washington.

       • Single payer is the real solution but they couldn’t get that through especially after the conservative supreme court’s citizens united decision. I don’t capitalize words on a cell phone before I get smart remarks.

   • I concur.

2. SOME REID STAFFERS EXEMPT FROM OBAMACARE EXCHANGES

   http://www.cnn.com/2013/12/04/politics/reid-obamacare-staff/index.html

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3. “while the topic of planning is on the table we would like to ask the status of a MASTER PLAN?”

   Agree wholeheartedly.

   Go to the following City-County website for the Area Plan Commission:

   http://www.evansvilleapc.com/

   Look on the left-hand side of the web page, and click on Comprehensive Plan.

   One of the things I find of interest is the preface to Section 20 on Plan Implementation that states:

   “Communities can be shaped by choice, or they can be shaped by chance. We can keep on accepting the kind of communities we get, or we can start creating the kind of communities we want.”

   And to follow that, look at the Conclusion at the end of Section 20:

   The goals, objectives, and policies, in the Comprehensive Plan address the concerns of our community about the issues of orderly and responsible growth, equity, and quality of life. Substantial on-going debate and work with sustained public and private cooperation will be required to achieve them. The desired end result is to create and maintain an appealing living and working environment and quality of life in the community by faithful adherence to implementation of these goals, objectives, and policies. In closing, the following quote from the first City Plan developed in 1925 epitomizes the importance of implementation:

   “Plans are of no value… if they are not carried out. A city plan, to be worth what it costs, must be followed. Its promises of benefit and advantages should be made so obvious and clear that demands will be heard for its execution.”

   The Comprehensive Plan is a key planning document that is currently followed pretty darn good by the STAFF in the Area Plan Commission. However, experience shows that the appointed members of the Area Plan Commission who actually VOTE on zoning and land use proposals, pretty much ignore the principles in the Comprehensive Plan.

   Why, you may ask? Because under Indiana law the Comprehensive Plan is just considered as “guidance”, just a “suggestion” for the appointed Area Plan Commission members to follow (assuming they even read it).

   If you really want to be educated and understand some of these issues, this is a great publication: “Indiana Citizen Planner’S Guide”, a publication of The Indiana Chapter of the The American Planning Association

   http://bit.ly/189RTYI

   Now, wrap your brain around this.

   IC 36-7-4-603 states that when an Area Plan Commission holds a hearing and votes on any zoning or land use requests, they must abide by the following in their “decision”

   Sec. 603. The plan commission and the legislative body shall pay reasonable regard to:
   (1) the comprehensive plan
   (2) current conditions and the character of current structures and uses in each district
   (3) the most desirable use for which the land in each district is adapted
   (4) the conservation of property values throughout the jurisdiction
   (5) responsible development and growth

   Do you quickly see the problem? It states the Area Plan Commission “shall pay reasonable regard to” five factors, with one of them (actually, first on the list) being “the comprehensive plan”. History in Evansville and Vanderburgh County is that the Evansville-Vanderburgh County APC staff does a VERY fine job of pointing out where zoning and land use proposals meet or do not meet the local comprehensive plan. The problem? Since the comprehensive plan is only considered a “guideline” that requires “reasonable regard”, IT GETS IGNORED! APC members routinely ignore what the comprehensive plan outlines, and so does the City Council and County Commission.

   While I am on the subject, the local Area Plan Commission is appointed, not elected. Therefore, they really do not answer to the public as a whole. There are 13 members of the Area Plan Commission, and almost half of that number is appointed by the Mayor.

   5 – Mayor Appointee
   1 – City Council
   2 – County Council
   2 – County Commissioner
   1 – EVSC
   1 – Board of Public Works
   1 – Surveyor

   Makes you think, right?

   One note to remember. Area Plan Commission only makes a “recommendation” on rezoning proposals. The actual vote to “approve” a rezoning request is made by the City Council or County Commission. So in same fashion, while you have no control at the ballot box for the appointed Area Plan Commission members, you can hold the final vote of authority accountable during the next election.

   Conclusion: The CCO is correct that the local “comprehensive plan” is almost 10 years old, and that the issues involving the “sign regulations” is really only the tip of the proverbial iceberg. Now we wait and see if Mayor Winnecke and County Commission President Marsha Abell are going to actually do something about the outdated comprehensive plan and numerous outdated zoning rules and regulations. Or will they bow to the political pressure of developers and sign companies and hope this issue just drifts away from the public eye.

   Stay tuned………

   • Historically, there are 4 members of APC board who are elected office holders: 1 City Council Member, 1 County Commissioner, 1 County Council Member, and the County Surveyor.

     Many times, the quorum of APC board is comprised of only 7 of its 13 members. You know this, Classy, because you’ve seen this happen time and again.

     When only 7 members show up, the 4 elected office holders on the APC board “COULD” control the meeting. But has that ever happened that you can remember? I can’t remember such an elected office holders consensus on the APC board.

     More often, especially when there is a controversial zoning issue on the agenda, one or more of the elected office holders on the APC board is absent, and usually the excuse is “out of town.” You’ve seen this many times. Right?

     Best of luck with your mission. I’ve decided rather than remonstrate to simply provide information, yes some of it rather opinionated, not always 100% objective so to speak.

     Carry on.

     • What-Next

       Excellent break down and provision of further clarification. I have been noticing that you are writing very informative posts on this topic of zoning and land use. Bravo! Much appreciated!

       On the elected APC members, one other “trend” that happens without rhyme or reason is that the elected City Council and County Commission members will “recuse” themselves from voting on a matter under the auspices that they will have the “final approval” vote when it comes to their respective body (City Council and County Commission).

       I honestly have no “dog in this fight”, but I think that there should be a policy in place for this situation so that there is consistency on the vote. It should come as no surprise that the “elected” APC members from these two governmental units (City Council and County Commission) seem to pick and choose what matters they “recuse” from voting.

       I think that is not giving an unbiased vote on the zoning request. Not only does it deprive the APC vote from possibly getting a true “up or down” vote total (which requires seven votes to recommend approval or denial), it is (IMHO) a chicken way of voting on APC. There is nothing that I know of in state law that requires this method of not voting, so why do it?

       I am curious as to your thoughts on this. You clearly have knowledge of the zoning process. So I wonder what you think of this behavior.

   • The APC’s Comprehensive Master Plan is different from the 2001 Downtown Master Plan compiled by the Gateway Consultants. I have both (thank you Bill Jeffers) and the APC’s has most of the 01 plan in it.

4. 2 things I would like to see changed in the next few years…

   1. The 01 master plan is brought back and tweaked just enough so that it is up to date. The ballpark, canal, marina, new civic center, and redevelopment of Pigeon Creek all must be kept. This was a Winnecke campaign promise. When does he plan on honoring this?

   2. Updated ordinances that are pro residential windmills (and all windmills for that matter).

   • Can you imagine how loud the local’s will scream if a new civic center is built? Of course, it will be the vocal minority, but it’s a third rail issue.

     I would like to see that horrendous civic center torn down. It looks like a prison and should have NEVER blocked main street off. The “fountain” in the back is a huge rusted pile of crap. The entire complex is really an eyesore in our downtown and it blocks the entire area behind it from ever being developed.

5. 12-04-13
   City – County Observer
   I appreciate your invitation to write an article on compensatory time. Last week there was an article written by Mole #3 in regards to the overuse of compensatory time by city employees. The article focused on the Police and Fire Departments’ compensatory banks. The article stated the Fire Department Union and the Fraternal Order of Police were to some degree to blame for not notifying their memberships on the limits of these banks. I’m not sure if Mole #3, is just the person who wrote the article or is the person with false information. At that time I disputed the facts as they were written and called the person who presented those facts a liar. I stand by my assertion and once again affirm he or she is a liar.
   I want to bring readers up to speed on how the Police Department’s compensatory time is calculated. Prior to 1994, Police and Fire Department employees were allowed to put in as many overtime hours as they wanted into their compensatory banks. The officers were allowed to use this time to take days off, run their time out when they retired, or were paid for the balance upon retirement. Officers who have time in the 1993 bank still have that bank of hours and control what they want to do with it. After 1993, the FOP and the City agreed that officers would keep their hours down to 200 total hours. Anything over two hundred hours is paid to the officer within a month. The officers in the 1993 bank also have a separate bank that is set at 200 hours. In essence those officers have two banks. The Federal Government set a mandate on compensatory time at 480 hours for police and fire.
   The CCO replied to a comment (made by Mole #3) that they had proof that I was wrong and we had many employees over the limit. Tell us how many police officers are over that limit? Show us documents that prove this fact! The truth is there are no officers over the limit.
   I did look at all compensatory time records for all EPD Officers. The only officers who have over 480 hours in their compensatory banks were hired prior to 1993. There are officers who may have 250 or less hours in their compensatory banks, that have not yet been paid down to the two hundred hours. The police department pays those hours down to 200 on a monthly basis. Maybe that is what Mole #3 is writing about. I believe that is still below the Federal mandate of 480 hours for police. At the end of 2012 there were 9 officers who had over 200 hours in their bank. Not one officer had over 480 hours. Those compensatory hours would have been paid down to 200 in January of 2013.
   I checked officers’ compensatory banks for this year, ending 11-25-13. Once again, seven officers are over 200 hours by 99.76 hours. Not one officer over 480 hours or anywhere near 480. Once again, these officers will be paid down to the 200 hour level at some point during the next month. If you understand the compensatory time, and I don’t believe you do, then you would know that the officers who had time in the 1993 bank may also carry time in the new bank, up to 200 hours. Standard practice is that the officer’s compensatory banks be paid down to 200 hours as per our contract. The 1993 fund is not required to be paid down to the 200 hour mark. There are 34 officers on the department that have time left in the 1993 bank. Only five of those officers have over 480 hours. The 200 hour maximum bank for the Evansville Police Department has been in effect for 19 years. (Once again to clarify for Mole #3 – These hours are not part of the Federal mandate.) Ten of the officers in the 1993 compensatory bank have less than ten hours. The Evansville Police Department does not have a single officer over 200 hours that is not paid out monthly. The Evansville Police Department has no officers that are anywhere near the 480 federally mandated hours.
   If Mole #3 needs accurate information, then he or she (I believe he), can call anytime. (What am I thinking? Moles can’t use the phone.) I am more than happy to discuss your records and the records I have. I’m not running for public office and I don’t have stock in your website, so I have zero reasons to give out bad information. Our members are aware there is a 200 hour limit and they know they will be paid during the month for any hours over 200. I’m not sure why you thought this was a Fraternal Order of Police issue in the first place. If the city would allow officers to go over 200 hours, why would the F.O.P. argue the point? It is not the FOP’s job to police compensatory banks for the officers. Is it true Mole #3, or the person who is lying to Mole #3, is in public office and wants to run for a higher office? Is it true that I hope the residents of this great city do not elect a liar to any public office in the future? Another comment I saw on your website was something to the effect of, is it true Attorney Scott Danks was seen giving papers to John Friend. Although not said, it made it appear there where secret papers about compensatory time being passed around. Is it true that those papers were suggestions on how John Friend should run his Mayoral campaign. If John wants to meet and discuss his numbers and mine he can call me. My number is listed in the client section of his acounting business files.
   Fact: The Evansville Police Department is not violating the Federal mandate on compensatory hours. The First Amendment of the Constitution says we have freedom of speech. It should have said ‘as long as you’re not lying.’ I guess we can all say ‘Is It True’ and get away with telling any story we like. Some will believe. Most will not. Someone should open a site called ‘It is True.’
   Larry Nelson,
   President
   Evansville FOP

   • Larry

     As always, you rock!!!

     Great article and fantastic response! Keep up the good work, old buddy!

   • thanks larry…….you are the best………:-)

   • Larry, I’ve been meaning to ask you to address this on here. I had spoken with a high-ranking person in EPD and they had told me a couple of weeks ago that the only issue with comp time in EPD was with a Teamsters employee. One person. Yet somehow (and I believe under the guidance of Friend), CCO has been running with the story of it being rampant in the department. Thanks for your first-hand account of the situation.

   • Channel 14 stated that 51 city employees have over 480 hours of comp time on the books. They got the records through a Freedom of Information Act request. Are you saying that all 50 of the employees over the limit are with the EFD? That has to be the conclusion based on your claims that no EPD have any comp time over 480 hours.

6. I’m not saying anything about the Fire Department or any other department. The F.O.P. was accused of not telling it’s members about our self-imposed limits. Not that it was our job to tell them, since its not. This information is in reference to the City Police Department. I don’t make conclusions about anyone or any other department. I try to get the facts before I respond. I have the Police Department records only.

   • Actually Channel 14 wrote and reported verbally that POLICE and FIRE had employees among the ones that exceeded the federal limits on accumulated comp time. Either Channel 14 or you are liars. Which is it. From your earlier statement if even one cop has more than 480 hours of comp time then you are the liar. And yes sir, if you are the EPD union head it is your damn job to make sure your brotherhood is not in violation of federal laws. Did you do your job, are you lying, or did News 14 lying on you? All it will take is a FOIA request from the City of Evansville HR department to see which it is.

     If I were one of those guys with the CCO I would be filing a FOIA tomorrow to find out if you are a liar and if you are the liar I would bust you to shreds.

     • Neither are a lie, if you include officers who were hired before 1993 which Channel 14 probably did (raw data) then yes the EPD does have employees with more than the allowed hours, same as EFD, I do believe Mr Nelson also said this in his post (without my reference to EFD which is a totally different department and contract).

       You may want to go back and reread his post for clarification.

       The thing about reporting NEWS is that every news agency is in a rush to be first to break the story (including the CCO) it’s not that they get it wrong but that in most cases don’t have all the facts or report all the facts, they call it “breaking news” to cover their ass and give themselves a “out” for not getting it right the first time.

       JMHO

   • Hey Mr. Nelson saw what time you posted your comments on the CCO. Shouldn’t you be working during this time fighting crime for the tax payers during one of the times you posted on the CCO? If this is true, I hope you don’t put in for comp time for a CCO blog break on the tax payers dime.

   • Mr. Nelson,

     My sources indicate that the FOP was NOT in the fray in regards to the OT…the problem is in the non-safety departments…remember Mr. Williams, the guy that was dismissed for excessive OT…why do we have 2.5 million in the non-safety departments…most people understand OT with fire and police, but what in the hell do we have half as much in the non-safety…maybe you need to get on this..but, we will understand that you have get sideways with your boss…so grow a pair..go for it!!! BTW, you may wish to stop spending time on the CCO while on duty!!!JMHO

7. City Councilman Al Lindsey (also a city fireman)has not spoken out about this. How much time does Mr Lindsey have??. So he has been a city fireman longer than a councilman. Is he a part of the cover up? He is awful quiet about this after all it involves the Fire dept and usually he speaks up loud and clear. Remember he had the Fire Chief and Asst Fire Chief pay reduced recently. Mr Lindsey how much comp time do you have banked??

8. Correction…I used Mr Williams…It is Mr Gear…

   • It’s actually Greer….Just saying 😉

     JMHO

9. I work second shift. 3P-11P

   • Who cares. Your nothing but a loud mouth that likes to hear himself talk.
     Isn’t it about time you ask Brooks, Danks and Robinson to resign again?

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