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?

This Father’s Plea Falls on Deaf Ears

Today, Dr. Neil Troost, the Evansville physician whose young daughter was stuck by a hypodermic needle that was discarded in Sunset Park made a presentation to the Evansville Parks and Recreation Department. His day in front of people of authority that are on the payroll of the City of Evansville in his words was a “raging disappointment”.

Dr. Troost expressed particular disappointment in the demeanor and verbalizations of Steve Bohleber. He paraphrased Mr. Bohleber’s responses to his pleas for help as follows:

“things are tough all over america”

“money is tight”

“we dont have control over the budget”

Dr. Troost gave specifics and was met with platitudes and a dismissive attitude. This is of course coming from an appointed and compensated board of Mayoral appointments that are currently engaged in disparaging SMG over low pressure water fountains and other routine maintenance issues at Roberts Stadium in support of the Mayor’s efforts to replace them with another manager for the new downtown Evansville Arena. After viewing the pictures of the state of the parks of the City of Evansville it is difficult to see how the Parks and Recreation board of directors could opine on the state of maintenance of anything.

It is one thing to inconvenience someone over a drink of water. It is quite another to have 6 year old children playing in public parks where needles discarded by drug addicts, used condoms, and F Bombs painted on playground equipment constitute business as usual.

My fellow citizens, the state of these parks is so far beyond unacceptable that it is inexcusable. If this is what the people of Evansville expect and are willing to tolerate from local government then this is not the Evansville of our youth. When did it become okay for public boards and officials to be dismissive to citizens who bring up safety issues in public areas? When did it become okay for the discards of drug addiction and outdoor sex to be littering the ground?

We don’t think that it has ever become okay to treat public places in Evansville like a crack house in Detroit. This is an utter disgrace. As residents we should all feel shame for this situation. It is time to take the blinders off, to reach a state of awareness about the condition of a park system that was something to be proud of years ago, and to demand both performance and accountability from public officials that treat citizens and public property with neglect and dishonor.

Look at the presentation. Determine for yourselves if this is acceptable. Let your elected officials know one way or the other. If this is fine with you please tell them, but if you see this as the culmination of a blight that has been building for years and it is time to STOP IT, please let them know that too.

Here is a link to the powerpoint presentation. Please censor this from young children.

parks_presentation_2_neil troost

**Announcement**

city-countyobserver.com and community-observer.com will be migrating to a new dedicated server based in Chicago.

This new server is not only geographically closer, but has more processing power and bandwidth. The entire machine is dedicated only to city-countyobserver.com and community-observer.com. Expect to load the website at lightning speed after the update is complete.

The server is also capable of running a new “Daily Local News Email” service which we will be releasing more information on in the coming weeks.

Down time is expected to begin around 9pm CST
The site may remain down for 12-24 hours

By: Rick Davis

Once again, a proposed recommendation directly affecting Evansville taxpayers — in addition to the future of Downtown Evansville — is being decided by a relatively unknown board consisting of appointed members, including one who does not even live in the Evansville area, and includes only one elected official. In the latest example, the Evansville Arena Management Committee — which has no direct accountability to the public and meets hidden from the public and without public input — has recommended that the City of Evansville hire a new, unheard of company to manage operations of the new Downtown Arena. This unheard of firm would also manage The Victory Theatre and will be in direct competition with SMG’s management of The Centre for already stretched downtown parking facilities and entertainment opportunities. The new Downtown Arena is a facility that has received an investment of $127.5 million in taxpayer dollars to be paid for by Downtown TIF money, food & beverage taxes and casino revenues. The Downtown Arena is a facility that is the centerpiece in the latest revitalization effort for Downtown Evansville. But only one of the members of the Evansville Arena Management Committee is an elected official, meaning a decision on the future of Downtown is being made behind closed doors by a body that has little or no accountability to the public. On Tuesday, after spirited hearings in an amazing expression of self restraint, the Evansville Redevelopment Commission voted to table a decision to hire the new firm so that elected officials from both the City and County can publicly discuss this important situation. It’s time we put more elected officials on all of these hidden boards, including the Evansville Redevelopment Commission, so that taxpayers can hold them openly accountable for the decisions that are supposedly being made on behalf of the public.

Worse yet, City leaders have largely declined input from the full membership of the County Council and County Commissioners in an open forum for an expression of ideas, while secretly attempting to hire a second management firm to handle the operations of the new arena for its entertainment facilities owned by taxpayers. In short, if this faulty decision stands, the City and County will now have two competing management companies working against each other for the downtown entertainment dollar at The Victory Theater, The Centre, and The Downtown Arena. It simply does not make good business sense to have City and County venues competing for an already challenged entertainment dollar in a market the size of Evansville. Coordination of booking all three sites is essential. I would ask that City administration sit down openly with all of the County representatives and come to an agreement to have one company handle all of the downtown entertainment venues in the City and County so that every taxpayer who has a stake in Downtown will benefit. With our investment of the Downtown Arena, Evansville and Vanderburgh County residents have too much at stake, particularly with declining tax revenues due to a troubled economy. We have to stretch every dollar to ensure the public is getting the best, coordinated entertainment value possible. Hiring two firms to do the job of one is simply a waste of taxpayer dollars and sets up an unnecessary competitive formula that works against good common sense. It should not be allowed or tolerated.