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The Authority and Responsibilities of the City Council for the actions of the Evansville Redevelopment Commission

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Subject: City/Common Council and Evansville Redevelopment Commission

By: Wayne Parke

There are several references one has to review to understand what authority/responsibility the City/Common Council and the Evansville Redevelopilment Commission (ERC) have. See the References below for some of those sites.

Discussion:

Generally speaking the City /Common Council has very broad power/authority regarding almost anything regarding the City. Some of their authorities/responsibilities are to pass/approve a budget that governs all the city’s expenditures for a year and it is the legislative body of city government. It legislates by passing city resolutions and ordinances. A city ordinance is a law passed by City/Common Council that can cover a wide range of city-related issues.

When the City/Common Council passes/adopts an Ordinance it goes to the Mayor for signature or veto. If the Mayor vetoes an ordinance the City/Common can still make the ordinance law with a 2/3 vote to override the Mayor’s veto. An ordinance does not need to have the approval of the Mayor or any other city government agency to become law. This is true even though the Mayor is the chief executive. Any city ordinance cannot be in conflict with any State or Federal Law.

Indiana Code 36-4-6-21, gives the City/Common Council the authority to investigate city departments, city officers and employees of the city. When doing an investigation, the City/Common Council is entitled to all records and can compel the attendance of witness.

The City/Common Council has nine members. Currently there is one Republican and eight Democrat members. The Democrats have had a majority control of the City/Common Council for 35 straight years.

The Redevelopment Commission was created by State statue. A city can elect or not elect to have one. Our City/Common Council adopted an ordinance creating the Evansville Redevelopment Commission (ERC) in the 1980’s under Mayor Mike Vandeveer. The City/Common Council approves/disapproves the ERC yearly budget. The ERC has five members. The City/Common council appoints two of the five members and the Mayor appoints three of the five. Many of the things the ERC does requires a confirming resolution of the City Council so that they can act. An example, the City Council passed a resolution giving ERC the power to handle the arena matters.

The Department of Metropolitan Development (Tom Barnett) is the administrative agency for the ERC.

Therefore I believe, with a majority vote the City/Common Council has the authority to legislate/review/investigate almost any City issue if they decide they want to do so. Some Commission members and City /Common Council members (not all) tend to rubber stamp what the Mayor wants to do without asking tough questions to make sure their action represents the best interest of the citizens of Evansville.

References:

1) Evansville Municipal Code: http://www.codepublishing.com/IN/evansville/

Study the complete code with emphasis on Title 2 Administration and Personnel. Note Chapter 2.10 on City/Common Council and Chapter 2.50 on the Department of Redevelopment.

2) Indiana Code: — TITLE 36. LOCAL GOVERNMENT & http://www.in.gov/legislative/ic/code/title36/ar4/ch6.html
Note IC 36-4-6-21 Investigative powers of legislative body (the City/Common Council)

Wayne Parke

Classic Charlie Reese on Taxes: 545 vs. 300 Million

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545 vs. 300,000,000 People
-By Charlie Reese

Politicians are the only people in the world who create problems and then campaign against them.

Have you ever wondered, if both the Democrats and the Republicans are against deficits, WHY do we have deficits?

Have you ever wondered, if all the politicians are against inflation and high taxes, WHY do we have inflation and high taxes?

You and I don’t propose a federal budget. The President does.

You and I don’t have the Constitutional authority to vote on appropriations. The House of Representatives does.

You and I don’t write the tax code, Congress does.

You and I don’t set fiscal policy, Congress does.

You and I don’t control monetary policy, the Federal Reserve Bank does.

One hundred senators, 435 congressmen, one President, and nine Supreme Court justices equates to 545 human beings out of the 300 million are directly, legally, morally, and individually responsible for the domestic problems that plague this country.

I excluded the members of the Federal Reserve Board because that problem was created by the Congress. In 1913, Congress delegated its Constitutional duty to provide a sound currency to a federally chartered, but private, central bank.

I excluded all the special interests and lobbyists for a sound reason. They have no legal authority. They have no ability to coerce a senator, a congressman, or a President to do one cotton-picking thing. I don’t care if they offer a politician $1 million dollars in cash. The politician has the power to accept or reject it. No matter what the lobbyist promises, it is the legislator’s responsibility to determine how he votes.

Those 545 human beings spend much of their energy convincing you that what they did is not their fault. They cooperate in this common con regardless of party.

What separates a politician from a normal human being is an excessive amount of gall. No normal human being would have the gall of a Speaker, who stood up and criticized the President for creating deficits.. The President can only propose a budget. He cannot force the Congress to accept it.

The Constitution, which is the supreme law of the land, gives sole responsibility to the House of Representatives for originating and approving appropriations and taxes. Who is the speaker of the House now? He is the leader of the majority party.. He and fellow House members, not the President, can approve any budget they want. If the President vetoes it, they can pass it over his veto if they agree to.

It seems inconceivable to me that a nation of 300 million cannot replace 545 people who stand convicted — by present facts — of incompetence and irresponsibility. I can’t think of a single domestic problem that is not traceable directly to those 545 people. When you fully grasp the plain truth that 545 people exercise the power of the federal government, then it must follow that what exists is what they want to exist.

If the tax code is unfair, it’s because they want it unfair.

If the budget is in the red, it’s because they want it in the red.

If the Army & Marines are in Iraq and Afghanistan it’s because they want them in Iraq and Afghanistan …

If they do not receive social security but are on an elite retirement plan not available to the people, it’s because they want it that way.

There are no insoluble government problems.

Do not let these 545 people shift the blame to bureaucrats, whom they hire and whose jobs they can abolish; to lobbyists, whose gifts and advice they can reject; to regulators, to whom they give the power to regulate and from whom they can take this power. Above all, do not let them con you into the belief that there exists disembodied mystical forces like “the economy,” “inflation,” or “politics” that prevent them from doing what they take an oath to do.

Those 545 people, and they alone, are responsible.

They, and they alone, have the power.

They, and they alone, should be held accountable by the people who are their bosses.

Provided the voters have the gumption to manage their own employees…

We should vote all of them out of office and clean up their mess!

Tax his land,
Tax his bed,
Tax the table,
At which he’s fed.

Tax his tractor,
Tax his mule,
Teach him taxes
Are the rule.

Tax his work,
Tax his pay,
He works for
peanuts anyway!

Tax his cow,
Tax his goat,
Tax his pants,
Tax his coat.

Tax his ties,
Tax his shirt,
Tax his work,
Tax his dirt.

Tax his tobacco,
Tax his drink,
Tax him if he
Tries to think.

Tax his cigars,
Tax his beers,
If he cries
Tax his tears.

Tax his car,
Tax his gas,
Find other ways
To tax his ass.

Tax all he has
Then let him know
That you won’t be done
Till he has no dough.

When he screams and hollers;
Then tax him some more,
Tax him till
He’s good and sore.

Then tax his coffin,
Tax his grave,
Tax the sod in
Which he’s laid…

Put these words
Upon his tomb,
‘Taxes drove me
to my doom…’

When he’s gone,
Do not relax,
Its time to apply
The inheritance tax.

Accounts Receivable Tax
Building Permit Tax
CDL license Tax
Cigarette Tax
Corporate Income Tax
Dog License Tax
Excise Taxes
Federal Income Tax
Federal Unemployment Tax (FUTA)
Fishing License Tax
Food License Tax
Fuel Permit Tax
Gasoline Tax (currently 44.75 cents per gallon)
Gross Receipts Tax
Hunting License Tax
Inheritance Tax
Inventory Tax
IRS Interest Charges IRS Penalties (tax on top of tax)
Liquor Tax
Luxury Taxes
Marriage License Tax
Medicare Tax
Personal Property Tax
Property Tax
Real Estate Tax
Service Charge Tax
Social Security Tax
Road Usage Tax
Recreational Vehicle Tax
Sales Tax
School Tax
State Income Tax
State Unemployment Tax (SUTA)
Telephone Federal Excise Tax
Telephone Federal Universal Service Fee Tax
Telephone Federal, State and Local Surcharge Taxes
Telephone Minimum Usage Surcharge Tax
Telephone Recurring and Nonrecurring Charges Tax
Telephone State and Local Tax
Telephone Usage Charge Tax
Utility Taxes
Vehicle License Registration Tax
Vehicle Sales Tax
Watercraft Registration Tax
Well Permit Tax
Workers Compensation Tax

CVB Unanimously Rejects ECTA Funding Request for Tennis Courts

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Wessleman Park Tennis Court Project Rejected

Today the Board of Directors of the Evansville Convention and Visitors Board rejected the request made by the Evansville Community Tennis Association for $1.1 Million to subsidize building 12 tennis courts in Wesselman Park. The vote was 4 – 0 to reject the request with 2 members (Schafer and McCarty) abstaining for conflicts of interest. Vectren’s Mike Roeder who is a member of the board was not in attendance.

This vote is seen as a victory for advocates for Wesselman Park and for those who have expressed the belief that public money should not be used to compete with private enterprises such as the Tri-State Athletic Club.

IS IT TRUE? Part 2 July 27, 2011 Snegal is Running Wild

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IS IT TRUE? Part 2 July 27, 2011

IS IT TRUE that the biggest aggravation that we are hearing from our readership is with the premium seating that has reportedly all been sold in private transactions to preferred people?…that for skyboxes and loge seats to be sold out without offering the people of Evansville who are paying for this stadium even the opportunity to consider making these purchases is an insult to the taxpaying base of the City of Evansville?…that the arrogance and audacity of any group or individual to do such a thing may technically be legal but it is wrong?…that if the powers that be behind this scheme cared even a little bit about trying to make the new Arena a tool for unification that they would have known better than to exclude everyone but a handful of specially selected cronies to offer the premium seating to?

IS IT TRUE that the City County Observer thinks that the sneaky but legal (Snegal) way to carry out this scheme without having a contract with VenuWorks or any pricing approved by the Evansville Redevelopment Commission is to do the following?…that the un-contracted VenuWorks would be given a list of preferred people and a provisional price sheet?…that then the un-contracted VenuWorks would approach these preferred people and offer them conditional contracts on the preferred seating?…that the condition associated with the contracts would be that the ERC would authorize them at a later date?…that when these preferred peoples conditional contracts are presented to the ERC by the un-contracted VenuWorks, the ERC will rubber stamp these contracts making the whole dirty little scheme legal?…that schemes like this should not be legal and should not be done in a free society with projects that involve public money?…that if the Arena was a privately owned and privately funded business that then and only then can backroom deals for buddies and cronies take place?

IS IT TRUE that the University of Louisville made preferred seating information for both the YUM Center and the Papa John’s Cardinal Stadium expansion readily available online with pricing spelled out in detail?…that all sold out and there were no identified crony deals exposed?…that sometimes MONKEY SEE MONKEY DO is the best policy and that this was one of these times?…that some people and some systems just do not seem to function unless they employ SNEGAL (sneaky but legal) policies?…that these people are well described by the adjective Machiavellian?

IS IT TRUE that there are people among us who are believers in astrology and religiously read horoscopes to see how a person’s day will be?…that astrology assigns much importance to the day, week, and month in which a person is born?…that Mole #3’s favorite member of the Evansville City Council Connie Robinson is a LEO and is celebrating her birthday today?…that it is reported that Councilwoman Robinson will have 39 candles on her birthday cake?…that as similar birthdays go that the owner of the City County Observer Mr. Ron Cosby will be celebrating his birthday tomorrow on July 28th?…that City County Observer editor Mr. Joe Wallace will be having a birthday on Friday July 29th and boarding a flight to San Jose for an extended trip to Silicon Valley and surrounding areas on that day?…that this combination of three sequential birthdays could invite comparisons of their personality types to either give credence or to dismiss any truths behind astrology?

IS IT TRUE that the Three Stooges had his birthday on July 19th, October 5th, and October 22nd?…that Curly, Moe, and Shemp were brothers from Bensonhurst, New York?…that Councilwoman Robinson shares her birthday with hound dog baseball player Alex Rodriguez and Olympic skater Peggy Fleming?…that Ron Cosby shares his birthday with Hugo Chavez, Jackie Kennedy Onassis and Betty Wallace (Joe’s mother)?…that Joe shares his birthday with Geddy Lee of Rush, Peter Jennings, and Alexis de Tocqueville?…that all of this astrology stuff seems to be rather silly but entertaining?

Evansville Philharmonic Chorus to Hold Auditions

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Evansville, Indiana – The Evansville Philharmonic Chorus will hold general auditions for the 2011-2012 season on Monday, August 22, 2011, from 6:30 p.m. until 9:00 p.m. at the University of Evansville. Auditions are by appointment only.

Under the direction of Dr. Dennis Malfatti, the Evansville Philharmonic Chorus is a volunteer chorus of approximately 110 members which performs major choral repertoire with the Evansville Philharmonic Orchestra. The Evansville Philharmonic Chorus will join the Evansville Philharmonic Orchestra for several concerts during its “Celebrate the American Spirit” 2011-2012 season including: “Peppermint Pops” in December featuring American baritone Daniel Narducci, Handel’s Messiah, “A Salute to Heroes” featuring the U.S. Air Force Band of Flight (Wright Patterson Air Force Base), “Broadway Rocks!” featuring Broadway stars Anne Runolfsson, Capathia Jenkins and Rob Evan, and the classical concert “The Titan”, where the chorus will perform Bernstein’s Chichester Psalms. The Evansville Philharmonic Chorus will also present an independent Fall Choral Concert in November. Rehearsals are on Monday evenings from September through April; additional rehearsals are required with orchestra on the week of performances.

Interested singers should call Kimberly Bredemeier, Director of Operations and Chorus Manager, at 812/425-5050, Extension 302.

Cycling Program Offers Pointers for Adult Beginners

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July 26, 2011 – Evansville, IN – Do you want to start cycling but don’t know where to begin? On Thursday, July 28th, North Park Branch will host Cycling: A Beginner’s Guide, a program for adults presented by the Evansville Bicycle Club. The program will take place at 6:30 pm in the library’s Meeting Room.

Whether you want to save on gas, get fit, or enjoy a new recreational hobby, Cycling: A Beginner’s Guide will provide you with the knowledge you need to get started. Topics covered will include purchasing your first bike, safety, clothing, and training in preparation for the Great Pumpkin Metric in October.

For more information, customers may call Kyle at 428-8237.

Adopt-a-pet: “Tangerine”

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Greetings from Tangerine, a 1-year-old neutered DSH. This laid back little guy loves the company of other cats. In fact, he would probably prefer to live in a home where he has a feline friend to play with. Tangerine also enjoys hanging out with children and the fact that he is only a year old, will make him a playful companion for kids of all ages. Tangerine would also like to find a home with a big window that he can stare out of all day. He has been known to chase a bug or two which can be quite entertaining. For more information on Tangerine and the other wonderful animals currently available for adoption at the VHS, visit www.vhslifesaver.org or call (812) 426-2563.

Downtown Today: 7/27/2011

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Time 8:30 AM – 10:30 AM
Subject PERSONNELL & FINANCE
Location 301
Recurrence Occurs the last Wednesday of every 1 month effective 7/27/2011 until 7/27/2011 from 8:30 AM to 10:30 AM
Reminder 15 minutes
SANDIE @ 5791
Categories ROOM 301

Time 10:00 AM – 11:00 AM
Subject HOUSING ROUNDTABLE MTG
Location 318
Recurrence Occurs the fourth Wednesday of every 1 month effective 7/27/2011 until 7/27/2011 from 10:00 AM to 11:00 AM
Reminder 15 minutes
Categories ROOM 318

Time 11:30 AM – 12:30 PM
Subject HUMAN RELATIONS COMMISSION
Location 307
Recurrence Occurs the fourth Wednesday of every 1 month effective 7/27/2011 until 7/27/2011 from 11:30 AM to 12:30 PM
Reminder 15 minutes
BONNIE @ 4927
Categories ROOM 307

Time 1:00 PM – 2:00 PM
Subject SAFETY BOARD
Location 301
Recurrence Occurs the fourth Wednesday of every 1 month effective 7/27/2011 until 7/27/2011 from 1:00 PM to 2:00 PM
Reminder 15 minutes
TINA OWEN @ 7897
Categories ROOM 301

Time 2:30 PM – 4:00 PM
Subject ITAC
Location 318
Recurrence Occurs the last Wednesday of every 1 month effective 7/27/2011 until 7/27/2011 from 2:30 PM to 4:00 PM
Reminder 15 minutes
TIM VANCLEAVE @ 5848
Categories ROOM 318

IS IT TRUE? July 27, 2011

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The Mole #??

IS IT TRUE? July 27, 2011

IS IT TRUE that the company managing the arena, VenuWorks, has been quoted that they may reveal the company that bought naming rights for the new downtown Arena soon?…that VenuWorks Evansville Executive Director Scott Schoenike said on July 19th that a company has been chosen, but there were some lingering legal details to complete?…that one of those lingering details must be the fact that VenuWorks does not have a contract and that multiyear contracts like naming rights must be approved by the Evansville Redevelopment Commission in a public meeting?…that the next such meeting according to their schedule will be on August 2nd?…that the Freedom of Information Act request that was filed by the City County Observer has a drop dead date of July 30th so we should have all of the communication that has been exchanged regarding the premium seating and sponsorships before the ERC has an opportunity to approve any AFTER THE FACT actions?

IS IT TRUE that in between all of the hubbub over the downtown Convention Hotel at the ERC meeting on July 19th that a little noticed resolution was passed regarding the premium seating in the arena?…that the minutes have not been approved yet and they have not been posted to the website?…that it looks like we will be finding out soon just what privileged few were approved as buyers of premium seating that has never even been offered to the public?…that we shall know soon who are the golden children of Evansville who have been so favored by the Weinzapfel Administration and the ERC that they were able to buy premium seating at unpublished pricing that was never even offered as an option for the un-favored people?…that these rascals in charge need to remember who it is that they work for and hope that the people of Evansville have short memories?…that the arrogance of selling every premium seat in a public building in private transactions is just beyond comprehension?…that rather than the Latin term Carpe Diem (seize the day) the Latin motto for the premium seats could be Premo Diem (Squeeze the Day)?

IS IT TRUE that if one really wished to understand the depth of the problem with finding financing for the proposed downtown Convention Hotel that examination of what existing hotels in similar locations or even superior locations are going for under the auctioneer’s hammer?…that auction.com that advertises itself as the nation’s leading real estate auctioneer and loan sale advisor has a 372 room hotel that is operating and in quite good condition in Richmond, Virginia that will auction off online during the August 15 – 18 auction?…that the unpaid loan balance on this 372 room hotel is $29.5 Million?…that the opening bid meaning the least amount that the lien holder will accept for this 372 room hotel is $1.7 Million?…that this amounts to 5.76 cents on the dollar relative to the loan amount?…that when developers that are attempting to find conventional financing for the downtown Evansville Convention Hotel that this is the kind of deals that they are competing with for financing?…that as long as foreclosed hotels and distressed sale hotels are selling for 5 cents – 10 cents on the dollar that conventional financing will be a very difficult if not impossible thing to sell for a new construction loan in Evansville?…that the details of the auction are on the following link?

http://www.auction.com/Virginia/notes-auction-asset/123002446-1472-See-Due-Diligence-Documents-RICHMOND-VA-23230.html

IS IT TRUE that for those who are willing to register on this site that the entire due diligence study done by outside professionals is available?

IS IT TRUE? July 26, 2011 Special Evening Edition

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IS IT TRUE? July 26, 2011 Special Evening Edition

IS IT TRUE that the Evansville Redevelopment Commission has scheduled a special Executive Session for Thursday July 28 at 11:30 am at the EVSC administration building boardroom?…that although no agenda has been released that the topic of discussion shall be the downtown Convention Hotel proposals?…that it has been put forth that a decision will be recommended to hire some outside firm to do a complete vetting of the two proposals that have been submitted?…that the ERC will be calling in a pinch hitter to bat for them on the all important 3rd Strike?…that this body has survived 2 strikes thus far with much damage to the credibility to itself and that it would very much like to have a paid outside source to blame should the third strike go whizzing by again?…that this should have been done the first time folks?

Batter Up!! Thank you sir may I have another?

IS IT TRUE that there is another 3rd Strike opportunity that is coming home to roost for the Evansville Redevelopment Commission?…that this pitch is called the McCurdy?…that someone has done some landscaping work down there this week which may just be good news for the project?…that the Mayor’s beanstalk that was being used by rats to climb up to the top floor to steal food from the pigeons and bats has been eradicated?…that we hope that this is good news and congratulate whomever has been doing the yard work on a job well done?

IS IT TRUE that in the event that Lloyd Winnecke becomes the next Mayor of Evansville in the November election that his seat on the Vanderburgh County Commissioners will be up for appointment?…that the heir apparent to Commissioner Winnecke’s seat is thought to be none other than County Councilman Joe Kiefer?…that in the event that Mr. Kiefer is appointed to the Vanderburgh County Commissioners that will leave a place on the Vanderburgh County Council?…that Mole #3 who is retiring from the molehill in November allegedly has his desires set upon Mr. Kiefer’s seat on the County Council?

IS IT TRUE that the new director of the Evansville Convention and Visitor’s Bureau, Mr. Bob Warren has been tasked to go forth into the world and publicize the tourism opportunities of the City of Evansville?…that going forth into the world to do such things requires money and promotional materials?…that the City County Observer supports these efforts and encourages the Vanderburgh County Council to appropriate at least $300,000 so that Mr. Warren will have the resources to do this important part of his job?

IS IT TRUE that City Councilman and Chairman of the Budget Committee John Friend, CPA went to Mayor Weinzapfel to suggest a vetting committee for the downtown Convention Hotel proposals?…that Councilman Friend (D) suggested that City Councilmen Curt John (D) and Dan McGinn (R), County Councilman Russ Lloyd Jr. (R), and ERC member Greg Elpers CPA should join him on the vetting committee?…that the Mayor rejected Councilmen McGinn and Lloyd on the basis that they would make the vetting committee TOO POLITICAL?…that we find that to be hilarious?