By: Joe Wallace

Is Evansville to “sneaky but legal” governance what Silicon Valley is to innovation and Hollywood is to film making? It is really getting tiring to endure the news of issue after issue that has been decided by appointed committees for appointed commissions who magically come forward with recommendations that reflect the desires of the people affectionately known as the “powers that be”.

This week, in yet another quietly hatched deal the public and even elected officials of Evansville learned that the decision about who will manage the new Arena was a fait accompli. Of course the process has been asserted by Arena project manager John Kish as legal. Other legal scholars are not in agreement with Mr. Kish but that is immaterial. This scheme was designed to sidestep the lens of public scrutiny or even the oversight of elected officials of Evansville and Vanderburgh County.

As it turned out this decision was not irreversible as several elected officials including City Councilman John Friend who was one of the appointed members of the recommendation committee plead with the Evansville Redevelopment Commission to postpone the vote and involve the City Council, and elected officials from Vanderburgh County. This time the ERC listened and postponed the pre-agreed upon decision until February 15th.

Hopefully the elected officials of the City Council, the County Commissioners, and the County Council will take this opportunity to inject themselves into this “sneaky but legal” process by any means necessary and legitimize it with openness and oversight. A diversity of minds and sound open deliberation should emerge with the best decision for the management of the Arena. That decision may very well be the same decision that was recommended by the appointed Advisory Committee but this time it will have the support that only inclusive processes result in.

Mr. Kish’s assertions of technical legality are the same weakening and embarrassing words that have been used to justify the “sneaky but legal” meeting to take the Homestead Tax Credit from the homeowners of Vanderburgh County. They are the same words used to justify using a convoluted scheme to pay Tom Barnett a competitive salary and to purchase a parking lot at the McCurdy that still awaits the first sounds of construction.

Has “sneaky but legal” become a part of the culture of the City of Evansville or is it just our government? Do the people of Evansville expect openness from local government or is the business as usual of manipulating scenarios to avoid the spirit of the law while following the letter of the law an acceptable way to be governed?

The people who were appointed to the Advisory Committee are to my knowledge all fine people who give regularly of their time to try and make this a better community. Their service is valuable and we should all be thankful that talented professionals are willing to serve in this capacity. The unanswered questions at this point are “who created and formed this advisory committee”, and “who appointed the members”. When those answers are known legal minds can definitively state whether or not Indiana’s open door laws truly apply.

Time and time again the machinations of local government find themselves in a position of having to explain away “sneaky but legal” actions that just don’t seem right to a casual observer. This time the scheme was designed to pull the wool over the eyes of the City Council, the County Commissioners, and the County Council. Next time and history would lead us to believe that there will be a next time, who knows where the “sneaky but legal” intent to deceive may be directed.

Just because something is legal does not mean it is right. The government of the City of Evansville is building a reputation for us as the “Sneaky but Legal” capital of America. Is this how the people of Evansville want to be defined and governed or is more transparency and public dialog preferred? I for one would prefer more openness.

If we never have to endure another convoluted explanation about why some sneaky action really is legal from our local elected officials we will all be better off for it.

Good afternoon and thank-you for taking time out of your day to show support for my candidacy. My name is Brent Grafton and I am running for Evansville City Council to represent the 5th Ward.

In the last two years many political commentators have focused on change… My friends we do not need change, we already have it, what we need are decision makers who recognize the change and have the thoughtfulness, the experience, and the courage to meet the challenges that change presents.

The question is not how do we change our world but how do we respond to the changes that have already happened… do we face them, recognize them and methodically work to adjust our new lifestyles to these changes or do we just continue to do business as usual and allow those changes to explode in our face…

Around 1440 AD, a German tradesman working in his home applied a technology that he used in his profession as a goldsmith to create the first metal movable type printing press. Today we know his invention by his name, the Gutenberg Press.

Within 50 years there were over two hundred cities in Europe that had printing presses that could print a thousand times more pages-per-day than before. Eighty years later, when another German, Martin Luther, posted his ninety-five thesises on the Wittenberg church door there were over two hundred cities in Europe that had the technology to print his message in local languages for all citizens to read.

The changes that started in a small home shop of a German goldsmith finally culminated in the collapse of a European political system that was over a thousand years old.

Today, FEB 2011, resulting from a similar human endeavor by two men in their garages in
Silicon Valley in early 70’s, we are watching in real time, a collapse of political power in Egypt fed also by the frustrated expectations of citizens. This invention, the iPhone accesses social media giving each individual the ability to literally communicate with millions of “friends” in an instant has brought our world to the brink of revolution three hundred years faster than the Guttenberg press.

It is ours to decide TODAY, do we acknowledge these changes and work to set in motion a process of updating our government’s response time OR ignore it and function as if “instant messaging” did not exist and try to conduct municipal governing “as we have always done it” . If we do this wrong, we will all face the unsettling collapse of the government that has served us for the last two hundred years.

I believe the City Council’s NUMBER 1 PRIORITY is to listen to the concerns of our citizens. The sharp stick of a hypodermic needle in the finger of a child in an Evansville city playground sandbox is simply not acceptable. We must work together to consider all informed solutions and then lead our community in solving these real problems.

The Evansville City Council’s CONSTITUTIONAL ASSIGNMENT is to make the laws that govern our lives, our opportunities, our safety, and our commerce. Our laws must match our community’s needs in this NEW ENVIRONMENT.

If we want a peaceful safe and prosperous community we must systematically work through the laws that help us and remove the laws that hurt us… As your representatives our responsibility is to lead our citizens in solving the problems that we as individuals cannot solve.

Today there are nearly 8,000 registered small businesses in Vanderburgh County. We have innovators working in their garages to bring us the next generation of technology. Our current zoning laws were established sixty years ago during an age of big box heavy manufacturing. We need to study, listen and then restructure our zoning laws to encourage the growth and prosperity of these garage innovators.

JUST THINK! If each of these small businesses could hire one person, we would have two Toyotas and solve our own local unemployment problem.

Our geographical location is a single day’s drive from 80% of the US population. Why can’t we take a resource like Roberts Stadium and change it into a small McCormick Place and target mid-sized trade fairs that are too small to pay the rent on Chicago’s extreme and massive trade facility?

Evansville is full of faithful, industrious people, undergirded by a spirit of goodness. If you have ever worked on a Habitat house or set up a booth at the fall festival you would know what our citizens are capable of IF they are invited to the party.

As a government we need to do a much better job of incorporating our citizenry into solving the challenges that we now face as a community.

The old political platform for CHANGE no longer fits. Change is HERE.

The changes that are upon us, carry with them great opportunity for good and great possibility for danger. Our government must embrace these new technologies to pull our citizens back into the process, so that our government in fact reflects the values of our community.

I for one will work to maximize the good opportunities and strive for good inclusive public policy.

If you live in the 5th Ward I would appreciate your vote. If you do not live in the 5th ward I would appreciate you support.

IS IT TRUE that 2nd Ward City Councilwoman, Missy Mosby brags about spending her money with business located in the 2nd Ward that she serves?….that she lists six (6) 2nd Ward businesses that she claims to patronize on her Facebook Wall? ….that 4 of the 6 businesses listed on her Facebook Wall are not located in the 2nd Ward as she claims?….the following 4 business that are not located in the 2nd Ward are Buehler’s Buy Low, Rick’s Sports Bar, Don’s Marathon and Frank Jr’s BBQ? …..before Miss Mosby starts to actively campaign for re-election to the Evansville City Council she better look at her 2nd Ward map? ….all we have to say about this is—WOW?

IS IT TRUE that in the debate that was sparked by the introduction of a strengthening of the smokefree workplace ordinance for the City of Evansville in March of 2010 that Councilwoman Mosby was adamant that she had spoken with many of her 2nd Ward constituents on the issue?…that Councilwoman Mosby also carried some petition like documents to the City Council meeting with her and added them as evidence that smoking is just fine in public places?…that Councilwoman Mosby was a member of Team Weinzapfel and a defender of the “right” to smoke in public?…that no case about smoking has ever prevailed on the basis of the Bill of Rights?…that Miss Mosby could use a lesson on both the geographic boundaries of her own 2nd Ward and on the first ten amendments to the United States Constitution?…that we wonder if the signatures that she carried with her were really gathered in the 2nd Ward where she lives or in some other of the other wards where she obviously goes to spend her money?

IS IT TRUE that recently defeated candidate for Vanderburgh County Commissioner Troy Tornatta made a little pre-announcement that he would be making a statement in 48 hours regarding his immediate political future?…that was more than 48 hours ago that he made that statement?…that missing your first self imposed deadline is no way to start a campaign?…that Mr. Tornatta in his first significant act as president of the Vanderburgh County Commissioners aggressively led a 2 – 1 party line vote to reverse a smoking restriction ordinance?…that action put Vanderburgh County into a very small and exclusive fraternity of places that have reversed a smoking restriction?…that if Team Troy is forming to make a run at the office of Mayor of Evansville that it may include the other members of the Evansville City Council who voted NO on strengthening the smoking ordinance?…that if Team Troy forms that it will most likely include Missy Mosby, B. J. Watts, John Friend, and Don Walker, the other incumbent Democrats who staked their position and took their stand AGAINST progressive smokefree workplace laws in 2010?

IS IT TRUE that 4th Ward Evansville City Councilwoman Connie Robinson broke from the pack in 2010 and made a most passionate testimonial before her affirmative vote for the smokefree workplace resolution?…that Councilwoman Robinson surprised everyone in the room with her resolute position when she exclaimed “I AM MY BROTHER’S KEEPER”, I vote yes?…that Councilwoman Robinson earned the respect of many people with that speech and that vote?…that it will be interesting to see if Councilwoman Robinson joins her former members of Team Weinzapfel on what may be a soon to be formed Team Troy or if she maintains her newfound independent spirit?…that Councilwoman Robinson will be the overwhelming favorite to retain her City Council seat in the 4th Ward with or without a team affiliation as her many years of service are recognized by her constituents?

IS IT TRUE that the Vanderburgh County Commissioners will be starting the process to pass a comprehensive smokefree workplace resolution on Tuesday night February 8th?…that this will undo the damage done by the 2009 vote to overturn the old smoking ordinance?…that the world will not recognize this for a couple of more years?…that the only uncertainly is whether Commissioner Melcher will join Commissioners Winnecke and Abell in voting yes?…that a unanimous vote on such an important public health and economic development issue would send a strong message to the City of Evansville and even the State of Indiana that there is at least one elected body in SW Indiana that is dedicated to bringing their area of governance into the modern world?

IS IT TRUE that in his kick off speech yesterday at the Civic Center that Brent Grafton, local entrepreneur and candidate for the Republican nomination for Evansville City Council from the 5th Ward was asked a question about his position on a comprehensive smokefree workplace ordinance?…that he answered that he supports this action?…that if the vote from the 5th Ward was the vote that shot down the smoking ordinance of 2010?…that a survey of the 5th Ward conducted last summer indicated that 80% of the constituents support a smokefree workplace ordinance?…that if Mr. Grafton would have been a sitting Councilman last year that Evansville would already have a stronger smokefree workplace law?

IS IT TRUE that Mr. Grafton also spoke to the subject of jobs, Roberts Stadium, and on the general state of the local economy?…that he surprised everyone with a simple yet achievable idea to leverage the skills and work ethic of the people of Evansville to redirect the use of Roberts Stadium in a way that the people of Evansville who wish to add to their incomes and increase their prosperity may choose to do so?…that details shall be forthcoming?

The Indiana State Legislature is considering restricting the ability of public safety workers to run for public office. As a firefighter who chooses to live in the community that I am sworn to protect, I would be barred from running for mayor or for city council. This action by the State Legislature and the Governor, who supports it, would take away a right afforded to any law abiding citizen who has not been convicted of a felony.

Why should we care that they don’t let firefighters and police officers run for political office? Fundamentally, the restriction is a slap in the face of any public safety officer, whether they want to run for political office or not. Public safety workers often times have very diverse backgrounds that enable them to serve a wide range of constituents. They see the best and worst of the citizens we serve and have insight into how local government can serve the citizens of that community. So who better to represent the masses than someone who has already sworn an oath to serve and protect the community they are in?

I understand that lawmakers are concerned about conflicts of interest. Lawyers in the state legislature vote on laws; teachers in the state legislature vote on education reform; businesspeople in the state legislature vote on regulations: Their areas of expertise can be useful and when we vote them into office we trust them not to abuse the power we hand them. Although we place this trust in our legislators through voting, they are unwilling to allow that voters might be able to decide for themselves whether or not to vote for police officers and firefighters in local elections.

If any restrictions are placed upon public office, it should be on the individual ability to vote on budgetary matters that directly impact the officeholder. Keeping public safety workers out of office entirely is throwing out the baby with the bathwater.

I urge you to call your legislative representatives and tell them you are capable of deciding who you want for public office. One of the constants of our democracy is that if an officeholder does or doesn’t perform up to the expectations of their constituency, there is always an election around the corner. Our police officers and firefighters put their lives on the line to protect us: Shouldn’t we protect their rights as citizens?

Shawn Oglesby, Lieutenant and 22 year veteran Evansville Fire Department

VenuWorks Commends Professional Cooperation Among Management Companies

For Immediate Release: February 4, 2011
Contact: Steve Peters ph 515-232-5151

VenuWorks President Steven Peters commended the venue managers in communities across the country who work in cooperation with managers from other management companies to further the event goals of the communities they serve. Peters’ comments come in reaction to concerns voiced in Evansville, Indiana, concerning the potential for competition between VenuWorks and SMG if the contract for the management of the new Evansville Arena is awarded to VenuWorks. SMG manages The Centre, which is across the street from the site of the new arena.

Peters quoted Frank Russo, Senior Vice President of Business Development & Client Relations for Global Spectrum, a Philadelphia-based venue management company with management contracts worldwide. “Global Spectrum operates venues in two cities where SMG also manages a venue,” Russo told Peters. “The first is in Sioux Falls, SD, where we manage the convention center and SMG manages the arena. Both venues are literally under the same roof. The client for both companies is the City of Sioux Falls. At least from our point of view, we work cooperatively with SMG for the benefit of our mutual client.”

Russo continued, “In Richmond, VA, we manage the convention center and SMG manages the Coliseum. SMG’s client is the City of Richmond and our client is the State-appointed Greater Richmond Convention Center Authority, which includes both the County Manager and the City’s CAO on its Board. Here again we manage the convention center cooperatively with SMG.”

“Furthermore”, Steve Peters points out, “all of Evansville’s facilities are owned by the public sector. Among the owner’s many rights, regardless who operates, is the right to approve all booking policies recommended by the operator. This is another safe guard built into how these facilities will be governed. Each management contract will spell out how the venue is to be operated in a sound business manner in an effort to maximize both social and economic benefit to the community, and financial stability of the facility.”

Peters also pointed to Topeka, Kansas, where VenuWorks manages the Topeka Performing Arts Center (TPAC) while SMG manages the local arena and exhibition center, which are owned by the County. According to VenuWorks’ Barbara Wiggins, TPAC executive director, “Our two management companies run these venues using common sense. When potential clients contact us about events that we know we can’t accommodate because of the size of our stage, or the size of our performance space, we refer them to SMG. Any great event that takes place in Topeka is a win for Topeka. Everything we do is for the good of the community as a whole.”

Also weighing in on the subject was Carol Pollock, VenuWorks’ Executive Director of Hoyt Sherman Place, a restored historic theatre in Des Moines, IA. “VenuWorks manages Hoyt Sherman Place and Global Spectrum manages the Wells Fargo Arena. Throughout the years both management companies have been working side by side in Des Moines, there has not been one instance in which
we were in competition for a show. Arenas and historic theaters are distinctly different venues. But at the end of the day, the ultimate decision on where a show is going to play is not in the hands of the venues, it is a decision that is made by the artists themselves.”

BACKGROUND

VenuWorks provides comprehensive management, booking and marketing solutions for arenas, theatres and convention centers throughout North America. We are committed and innovative facility operators and presently manage of 36 separate facilities in 17 communities in 10 states. Based in Ames, IA the company was founded 14 years ago. For more information, please view www.venuworks.com.

Evansville Community Observer has arranged for an early “eDebate” between mayoral candidates Lloyd Winnecke and Rick Davis! This is the first of a potential series that allows readers to get a stronger understanding of our candidates stances on pressing local issues.

Each candidate was given the same questions, and their answers will be posted in our exclusive “eDebate” page format. Answers will be 100% unedited and presented as fairly as possible.

Check in Monday morning for this brand new series, and to read the answers of our two current prominent mayoral candidates. If our readership responds well, we will hold more eDebates for other elected positions this season!

Take That: February 4, 2011

The Most Poignant Readers Comments of the Week

In Response to the Conditions of the Evansville Parks

“Everything that the City of Evansville has control over seems to turn to garbage. Why is that true?” Itsallrelative

“This story makes me sad. The response from the Evansville Parks and Recreation Department makes me angry. I am ashamed of a community that would allow this to happen. I will no longer be able to take my children to Sunset Park to play. Shame on us, shame on the mayor. I suspected that he was deaf, not listening to what the citizens of Evansville have to say. Now I know that he is also blind. So sad, so sad.” Minutebyminute

In Response to the Recommendation of VenuWorks to manage the Arena

“When one company has a monopoly on services- prices tend to go up” Ralph Plunkett

“Of course competition is good, but I wouldn’t put two McDonald’s franchises next door to each other because I wanted to see them compete. As Davis says, were hiring two firms to do the job of one.” Myturn

“It would have been really nice for the city and the county to have worked together to pick a single provider last December before the county locked in SMG, removing the best option for choice.” vvc1

“Evansville will soon find itself without individuals from the private sector willing to donate time to public boards given the way these individuals are utilized as political chess pieces for politicians trying to look better in the public eye, who are running for office, trying to usurp power outside of their bailiwick, or with dreams of higher political office.” Joeevv

“Since we have the Building Authority running stadium entertainment…And we have the Airport Authority running golf courses…Maybe, the Parks dept could be put in charge of this restaurant? Oh wait a minute, not sure they have the staff anymore. Maybe the police could do it…? Fire dept…?…I think we’re seeing a bit of damage control. It’s yet to be seen, if it involves “cognitive” deliberations. “ Eville Taxpayer

“It is amazing that it takes public outrage to force our elected officials to do the right thing and then it is only if they think their political futures are at stake. It is too late to shut the door after the horse has gotten out. Maybe Weinzapfel will take them to Indy with him when he isn’t elected Governor.” USA 1975

“You are wasting your breath on Weinzapfel. The Bright side? Just 11 months till the “King” is gone..and some of his “concubines” will lose in 2011′s Spring Primary election and some in the Fall’s General election as well.” Crash larue

IS IT TRUE that the mission statement on the City of Evansville’s website for the city parks reads “Creating quality of life opportunities by providing safe environments and affordable programs to enhance fun, fitness, and education for residents of all ages in our community?”…that from what we have been enlightened to by Dr. Neil Troost and his daughter’s encounter with a hypodermic needle that Sunset Park is not safe?…that Dr. Troost, Jordan Baer, and others in separate investigations have uncovered absolutely deplorable conditions in nearly every park in Evansville that is under City of Evansville management?…that the City County Observer is being made aware of many private citizens who indicate a willingness to volunteer to get our park system back into acceptable condition?…that assuming that can happen one park at a time there would still need the resources allocated and the funds committed by the City of Evansville to keep the parks safe and manicured or we will have the same dilapidated conditions within 6 months of the cleanup?

IS IT TRUE that On Friday February 4, 2011, at 2 PM at the Vanderburgh County Election Office, Brent Grafton will file to become a candidate for the Republican nomination for the 5th Ward seat of the Evansville City Council?…that it is expected that Mr. Grafton will win that nomination and will face a Democratic challenge in the general election that may or may not come from incumbent City Councilman John Friend who may face a challenger for the Democratic nomination or opt to run for an at-large seat on Council?

IS IT TRUE that Mayor Jonathan Weinzapfel has been quoted as saying that the maintenance job of SMG at Roberts Stadium as being “atrocious”?…that Dave Rector, the man that Weinzapfel put in charge of that maintenance in April of 2010 seems to agree with his boss and has exposed pictures that show apparent safety issues in the Roberts infrastructure along with non-working water fountains and taped shut toilets?…that it is alleged that those pictures shown to the news media showing cluttered areas with cans of gasoline, tools, and facilities maintenance equipment scattered about a storage room were taken over six months after the City of Evansville put Mr. Rector in charge of the maintenance of Roberts?…that if the place is a dilapidated mess as indicated by the pictures that Mr. Rector released that some of this alleged ramshackle management has continued on his watch?…that as we pointed out yesterday that it is possible that the City of Evansville by default or by design prevented SMG from doing their job?…that prevention doctrine just may cause some problems for the City of Evansville in the event that this has happened?

IS IT TRUE that we really wonder who controlled the budget for maintenance at Roberts Stadium before April 2010 and how that budget was determined and allocated?…that we are very curious about the itemized list of the $300,000 that Mr. Rector claims to have saved the City of Evansville in his 8 months managing the maintenance of Roberts Stadium?…that if Mr. Rector will provide documentation with an explanation for those savings in an itemized format that the City County Observer will publish his report in full and without edit or bias?…that equally that we make the same offer to SMG to publish any statement they have with regard to the maintenance costs, tasks, funding or lack thereof, for the 8 month period immediately prior to the City of Evansville taking these duties over?

IS IT TRUE that examination of the City of Evansville budgets should indicate how much is being spent on Roberts Stadium?…that Roberts Stadium general maintenance expenses are classified under code 026-012?…that there are 5 maintenance people and a lead listed as paid by the City of Evansville budget?…that in 2008, 2009, 2010, and 2011, the amounts budgeted by the City of Evansville for maintenance at Roberts were and are $476,115, $515,131, $482,917, and $509,671 respectively?…that the capital improvement budget for Roberts from Riverboat funds for the same years were and are budgeted at $153,000, $40,000, ZERO, and $22,000 respectively?…that it appears that the maintenance budget changes very little from 2008 to 2011?… that the capital improvement budget appears to have been taken to nearly nothing starting in 2009?…that saving $300,000 in 9 months from an annual budget of around $482,917 would essentially take a complete mothballing of the operation to accomplish?…that we are truly curious to see if Mr. Rector will share an itemization of his savings since March of 2010 when Mayor Weinzapfel put him in charge?

IS IT TRUE that if SMG was as negligent in their management duties and in maintaining Roberts Stadium that something should have been done long before?…that only when the overall management of Roberts became a political hot potato did the accusations of “atrocious” performance begin?…that the City County Observer is somewhat skeptical of the timing of the accusations and of the surfacing of pictures of cluttered storage spaces at this time?…that we certainly hope that the truth will prevail from all of the cluttered words that are being thrown about?

IS IT TRUE that many elected officials from both the City of Evansville and Vanderburgh County have expressed opinions on the secretive method that the recommendation for the management of the new Arena was carried out?…that no one has really gone on record as saying that SMG should keep the job or that VenuWorks should not eventually emerge as the preferred management company?…that what all have expressed as being somewhat atrocious is the back room manner in which the decision was made?

IS IT TRUE that several attorneys have now reviewed the Indiana Code regarding “open door” laws and have expressed opinions that the Advisory Committee was and is subject to these laws?…that “open door” laws have been ignored by this committee?…that in order to have a clean process that is not subject to legal actions and allegations of improper conduct that this process unfortunately needs to be repeated?…that much of the distractive media blitz aimed at SMG may just be a ploy to divert the public’s attention from yet another back room deal that ignored Indiana’s open door laws?

IS IT TRUE? February 3, 2011

IS IT TRUE that in May 0f 2010 the City of Evansville took over the maintenance of Roberts Stadium from SMG?…that shortly after that Dave Rector, the general manager of the City of Evansville Building Authority took over these duties from SMG?…that Mr. Rector was on local television on February 2nd disparaging the performance of SMG when it comes to maintaining the condition of Roberts Stadium and making claims that under his management a substantial sum of money had been saved?

IS IT TRUE that Dave Rector was appointed to the Advisory Commission to decide who will manage the new Evansville Arena by Mayor Weinzapfel?…that it has been reported that this Advisory Commission was unanimous in their recommendation to remove SMG from consideration and to hire VenuWorks instead?…that it begs for investigation into the facts as to whether SMG was prevented from performing under the terms of their maintenance agreement by the City Of Evansville’s decision to take the maintenance over and to hand it to Mr. Rector?…that there is such a thing as the Prevention Doctrine that states the following?

“Prevention doctrine is a common-law principle of contract law which says that a contracting party has an implied duty not to do anything that prevents the other party from performing its obligation. A party who prevents performance of a contract may not complain of such nonperformance.”

The following are examples of case law defining prevention doctrine:

If a party to a contract is himself the cause of the failure of performance, either of an obligation due from him or of a condition upon which his liability depends, he cannot take advantage of the failure.[Meson v. GATX Tech. Servs. Corp., 507 F.3d 803, 806 (4th Cir. Md. 2007)]

The prevention doctrine is a generally recognized principle of contract law according to which if a promisor prevents or hinders fulfillment of a condition to his performance, the condition may be waived or excused. [Barnhill v. Veneman (In re Peanut Crop Ins. Litig.), 524 F.3d 458 (4th Cir. N.C. 2008)]

The prevention doctrine entails that, where one party to a contract takes an action that prevents the other party from being able to fulfill a condition precedent to that contract, the first party may not use its own action as a mechanism for avoiding performance of its contractual obligations. [General Datacomm Indus. v. Arcara (In re General Datacomm Indus.), 407 F.3d 616, 626 (3d Cir. Del. 2005)]

Prevention doctrine is also known as prevention of performance doctrine.”

IS IT TRUE that if the City of Evansville in reality prevented SMG from performing under the terms of the contract that the basis for the Advisory Commission’s recommendation and the ultimate decision may come under legal scrutiny?

IS IT TRUE that the president of the Evansville Redevelopment Commission, Bob Goldman was quoted as apologizing to John Kish for the uprising of elected officials that caused the ERC to postpone the vote on the Arena manager until February 15th?…that Mr. Goldman is also quoted as saying that “he would not be postponing a decision by HIS COMMISSION again?…that Mr. Goldman must have caught the affliction from Mayor Weinzapfel that causes him to think that public agencies can be owned by appointed or elected officials?…that the Evansville Redevelopment Commission, the Office of the Mayor, and the City Council are not owned by any individual elected or appointed steward?…that all of these bodies of officials are OWNED BY THE PEOPLE OF EVANSVILLE?…it is about that elected officials and appointed boards start serving their real masters (the people of Evansville) as opposed by some puppet master that seems to dictate their decisions?

IS IT TRUE that the presentation by Dr. Neil Troost regarding the shameful condition of Evansville’s city parks is enough to infuriate the calmest people among us?…that for the City of Evansville to advertise itself as having a “high quality of life” and as being a “great place to raise kids”, takes on a whole new meaning when a six year old child is pricked by a hypodermic needle left by a drug addict in Sunset Park, one of the best kept parks in town?…that upon examining a well designed but shoddily maintained set of city parks, Dr. Troost and others have documented graffiti that has lingered for years, used condoms, drug paraphernalia, prostitution, and open air drug dealing?…we wonder if this is Evansville’s version of a great place to raise a family?…that we have posted an article and Dr. Troost’s power point presentation to the Evansville Parks and Recreation board yesterday on the following link?…this presentation will not make anyone swell up with civic pride for how the business of running parks is being done in the City of Evansville?…that to call this condition indicative of a “high quality of life” is false advertising?

http://city-countyobserver.com/2011/02/02/4857/

IS IT TRUE that the local Tea Party seems to be fed up with business as usual here in Evansville as well?…that Frank Peterlin the founder and leader of the local Tea Party has called upon “up to 22 Godly men and women to run in the Democratic and Republican primaries in the 2011 Evansville City Election?”…that Mr. Peterlin’s plea included the following information?

“If you or someone you love is called to service please contact us at http://www.meetup.com/Tri-State-Tea-Party/ where we hold our TEA PARTY Straw Polls to determine who the TEA PARTY supports.”

IS IT TRUE that there is a new but counter-intuitive group in Evansville that calls themselves Southern Indiana Democracy for America that had their first meeting last night?…that this ad hoc group was launched on Facebook last week and has already gathered 54 member that include both people from all across the political spectrum?…that the description of this group is published as follows?

“We are a dynamic, nonpartisan group of people based in Southwestern Indiana dedicated to supporting fiscally responsible, socially progressive candidates at all levels of government–from our local school board to the presidency. Our grassroots organization is an agent for positive change in our community, state, and nation. We meet monthly–please join us”

IS IT TRUE that ad hoc groups like the Tea Party, the Southern Indiana Democracy for America, Tri-State Tomorrow, and even the City County Observer are attracting attention and growing because business as usual in our City, our State, and our Country are not seen as delivering acceptable governance?…that the universally accepted upon and agreed upon premise that conservatives and progressives seem to be in 100% agreement on is that our system of governance has been exposed as failing the people that it was elected to serve?…that as long as the city parks look and live like Detroit, city officials are snippy and dismissive of people like Dr. Neil Troost, and the people’s business is done behind the locked doors of elected power by appointed committees, then these groups and others like them will continue to flourish?…these citizen groups are forming for the noble purpose of doing the governments job because government is not doing its job in an acceptable manner?

IS IT TRUE that there is a fine line between what is going on in Egypt and what is going on in Evansville?…that the world seems to be in a period of discontentment?…that this discontentment with the status quo is valid and as plain as the nose on ones face to see?…that somewhere in Cairo, Egypt a few short years ago in private homes, the people that we now see in the streets were forming their own Tea Parties, Southern Indiana Democracy for America’s, and Tri-State Tomorrows?…that those groups attracted members, that politics and governance continued to fail them, and that a breaking point was reached?…that blood has been shed and changes will be made but that if the political leadership of Egypt would have listened and acted 10, 20, or 30 years ago and practiced good public policy all day everyday that this bloodshed could have been avoided?

IS IT TRUE that candidates for local office who dismiss such groups will do so at their own peril?…that groups like these are what sparked the unrest that made the United States of America and independent country?…there are many people who are beginning to think that it is time to clean house again?…that these kinds of groups can and may just wreak havoc on both major political parties objectives in the 2011 City of Evansville elections?

IS IT TRUE that somewhere in Egypt a few short years ago a publication dedicated to good public policy started and began to expose rotten governance?…that people became aware, then shocked, then disgusted, then…..?…that these publications were all online and are using twitter and Facebook to transmit data out of Egypt today?…that a free press, and informed public, the courage to demand change, and the gumption to make it happen is what is needed to take back our parks and other things that are just not acceptable?…that we sincerely hope that it is done without bloodshed?