Indiana Senate President Pro Tem David Long Loses Wine Battle

Fort Wayne Observed brings news of our wine laws that took me down blogger memory lane. Readers might remember my outrage at Senate President Pro Tem David Long's attempt to strong arm the IU professor that successfully argued against Indiana's law regarding the shipment of wine.

So now David Long is mad. How dare the US Supreme Court find fault in any of our laws. And the audacity of anyone that challenged them - they must be dealt with. So begins the witch hunt of IU professor Alex Tanford. Tanford has been doing work on the behalf of several wineries and this work led to their victory in the Supreme Court. Now Long wants revenge. For what? I'm not sure as the law was unconstitutional and shouldn't a professor teaching modern litigation be commended for overturning laws that violate our constitutional rights?

Senator Long was involved in rewriting the legislation so that it would conform with the Supreme Court decision. So did he choose the route that would most benefit consumers? I suppose that was a silly question - of course not. He decided to change the law so that only those consumers that had bought wine at an out-of-state winery face-to-face could have wine shipped directly to them. Well looks like he's lost again as a federal judge ruled the new law unconstitutional as well.

Here's a nickel's worth of free advice to Senator Long. Instead of trying to circumvent the Constitution why not go ahead and adhere to it. I know, I know, it's difficult for a modern day Republican but I'm sure you can do it. After all, the 3rd time's a charm.

I'll leave readers with the comments I finished my original post with as they are still quite fitting:

The unconstitutional law at hand, and others, are simply on the books to provide a state-allowed monopoly - distributors - the right to gouge consumers. This is unnecessary, unlawful and certainly un-conservative. When a Republican-granted monopoly replaces the free market and it's called "privatization" - well that's just perverse now isn't it?

US Constitution 2 - Senator Long 0

Ken Neumeister and the Shooting Range Land Deal

As readers know, I've been a proponent of Sheriff Fries' plan to build a shooting range in south Fort Wayne from day one. However, after learning that Neumeister Properties owned the land I thought it was my duty to look into the matter to ensure that everything was above board.

Kevin Leininger had a piece discussing some of the details of this transaction:

The story begins with the Adams Center landfill, even though the facility at 4636 Adams Center Road hasn't accepted hazardous waste since 1998. In 2002, the closed landfill's owners, as part of a legal settlement, agreed to give the 200 adjacent acres to the Ministerial Alliance. But the central-city pastors never developed the land, so on July 9 they sold it to Neumeister Properties LLC for $615,000, according to county records.

But in June, the County Commissioners had agreed to pay Neumeister up to $675,000 for the property if certain conditions were met, and County Council agreed to the purchase Aug. 16 for Sheriff Ken Fries to building a training center and outdoor shooting range. Neumeister will get to keep five acres at Adams Center and Paulding roads, and the county will pay to relocate a drainage ditch, theoretically improving the property's development potential. County Surveyor Al Frisinger said he's not sure how much the drainage work will cost.

If the deal closes - the land must still be rezoned - will Neumeister have profited improperly? Or will he have done the county - and taxpayers - a favor?

One point of contention I have with Leininger is that, to my knowledge, there is no documentation recorded by the county that says what Neumeister paid for the property. There is a mortgage recorded for the property for $615,000 but that is no guarantee that's what Neumeister paid for it. Having said that, Neumeister claims that he's only going to break even on the deal, and I don't hear anyone from the Ministerial Alliance protesting that they were swindled, so I don't see any reason not to take him at his word.

One might quibble on the definition of break even since it appears Neumeister is going to personally get 5 acres out of the deal and the county is going to pay to relocate a drainage ditch. However, at the end of the day Neumeister did help the sheriff acquire the property he needed and the County officials that approved the deal knew of his involvement. Should he be compensated for his time and effort? Certainly. Did he benefit from having access to people and information about future plans that others might not have had? Probably.

But I just don't see any kind of egregious violation of the public trust or anything else that would rise to the level of unethical behavior...


FYI: A recent addition to the Fort Wayne blogosphere, Roadkill Taxpayers, has posted about this very topic and takes a different view than myself

Mark Souder is Completely Transparent

So Congressman Mark Souder is calling for Idaho Senator Larry Craig to resign after his run-in with police in an airport restroom sex sting operation. Of course I didn't hear Souder calling for Senator Vitter's ouster after he recently admitted to soliciting prostitutes.

So what's the biggest difference? Craig's arrest was for a homosexual encounter and Vitter's wasn't. Normally I'd say that was the deciding factor for a guy like Souder and I certainly wouldn't be sad to see a hypocrite like Craig resign. However, we have to remember that everything is uber-partisan with Souder and this is no exception. In Senator Craig's case his replacement would be appointed by a Republican governor while Vitter's would be appointed by a Democratic governor.

Someone might want to ask Souder about this double standard...

JG Editorial Board Agrees That City Council Lockout Was Avoidable

In today's "Furthermore" section the Journal Gazette editorial board rightly chastises the city council and city clerk for not anticipating the crowd size at the July 24th city council meeting:

The meeting may have been legal, but the way citizens were treated still wasn’t right.

With a big Harrison Square vote on the agenda and plans for smoking ban opponents to appear before the council en masse, the council should have been prepared for a bigger crowd than what the county commissioners’ meeting room on the second floor could hold. Instead, citizens could not get inside the crowded room.

Granted, the remodeling of the normal council chambers in Rooms 126 and 128 has caused inconveniences for everyone. But next time, the council and City Clerk Sandra Kennedy should seek alternatives.

The JG hits the nail on the head here. The idea that somehow the council could not have anticipated the crowd size is not logical. Don't forget that this was one of the PACs main reasons for ruling against me - thus her opinion is illogical as well. It's good to see that traditional media sources still advocate for open government even if the public access counselor does not...

Karen Goldner On 2nd District Infrastructure Needs

The topic of neighborhood infrastructure came up at last night's city council meeting with councilmen Didier and Hayhurst suggesting that part of the $40 Million City Light Fund lease should be used to address infrastructure concerns within our neighborhoods...

“NO STREET LEFT BEHIND”
Goldner commits to greater neighborhood involvement in 2nd District infrastructure
For immediate release August 29, 2007

Fort Wayne, IN---Together with residents of Renfrew Drive in northeast Fort Wayne, 2nd District Council Candidate Karen Goldner pledged to make sure that funds designated for neighborhood infrastructure improvements are targeted to the areas of greatest need in north/northeast Fort Wayne.
“Renfrew Drive is in as bad a condition as any in the 2nd District. Despite the neighborhood requesting resurfacing several years ago, nothing has been done,” said Goldner. “At the other end of the district, sidewalks in Lakeside are so grown over with grass and weeds that residents in wheelchairs cannot use them, but these needs are also ignored.”
“At one time the 2nd District was relatively new,” said Goldner. “However, over the past thirty years there has been considerable decay in neighborhood infrastructure, and it is long past time to address it.”
Goldner added that streets in the Parkview Addition off of St. Joe Center Road, several streets in Pine Valley, and Tanbark Lane are other trouble spots in the district. These and other areas have been identified during Goldner’s extensive neighborhood walking campaign and talking with neighborhood leaders.
“One of the roles of the District Councilperson is to be an outspoken advocate for the district and its neighborhoods,” said Goldner. “If elected, I pledge to be the advocate that we need.”

JG Covers PAC Opinion

Ben Lanka has a story in today's Metro section about the PAC's decision. I must say that I think it's completely unprofessional of the Public Access Counselor to send a copy of her opinion to the media before she sent it to me. While the JG received the opinion on Friday I still had not received a copy by Monday afternoon. At that point I e-mailed the PAC and this morning I received the opinion in my inbox - unacceptable.

The Fort Wayne City Council did not violate the state’s open meeting law when people were denied access to a standing-room-only meeting, according to the state public access counselor.

Counselor Heather Neal wrote in an Aug. 24 letter that the council followed the law despite denying entry to its July 24 meeting to comply with fire code requirements.

Jeff Pruitt, a local resident, filed the complaint with the state July 25, saying people were denied entry to a highly critical meeting when the council voted to approve financing for the $120 million Harrison Square project and many tavern owners and workers came to testify about the city smoking ban.

Neal wrote that the state doesn’t have any case law on the issue, but other jurisdictions have refused to require public agencies to hold meetings in locations sufficient for every member of the public to attend.

“I further have no evidence the council knew or should have known the meeting room would not have accommodated the crowd for the July 24 meeting,” she wrote.

Pruitt said he was disappointed in the state’s decision and found it “laughable” that the council wouldn’t have known more space was needed for such an important meeting.

“It’s a sad day for citizens like me who want to see open government when the public access counselor doesn’t seem to be an advocate for open door law,” he said.

The council has been meeting in a smaller room this summer as its usual chambers are renovated. The regular chambers should be ready for use by next week.

blanka@jg.net

City Attorney's Response to Public Access Counselor is Misleading

Tim Manges sent a response on behalf of the city clerk and city council to the public access counselor in regards to my complaint about citizens being locked out of the July 24th council meeting. In this response, Manges distorts the facts of that day:

Mr Manges indicates the meeting room was not locked at any time during the July 24 meeting.

I suppose the door wasn't physically locked like one locks their door at night but having the police and the sergeant at arms guarding the door and refusing entry is the same thing. Manges' argument here is simply semantics and he knows it.

Mr Manges indicates he personally visited the area where the overflow crowd gathered and did not believe it to be eighty to one hundred as you indicate but between twenty and forty.

This might be true when Manges came out and saw what was going on but by then I'm sure many people, including myself, had already left. To estimate there might have been only 20 people is laughable.

Mr Manges further indicates he is not aware of any protests related to the overflow into the hall

Here Manges is indirectly calling me a liar. There were several witnesses that can corroborate that I went and personally asked the sergeant at arms to allow me into the meeting. I was refused entry. I also posted photographic evidence of Wayne Township Trustee Rick Stevenson discussing the matter with the police and the sergeant at arms. If Manges is "not aware" of such protests then it is due to his own ignorance and not because they didn't happen.

He indicates he observed frequent and fluid movement in and out of Room 200

Sure he did. Whenever somebody from the administration or the press wanted to go in or out they were freely allowed to do so. The rest of the common folk were not. We were on a one in, one out policy.

Mr Manges further asserts that the overflow crowd was only present for the committee sessions and that the room was not filled to capacity for the regular meeting.

Ok so you only violated the law for half the meeting and only because the citizenry gave up. Congratulations on partially abiding by the law through attrition. I suppose I shouldn't be surprised by Manges' distortions after Mike Sylvester exposed him for what he is...

Public Access Counselor Says City Did Not Violate the Open Door Law

The PAC has issued an opinion on my formal complaint regarding the July 24th city council meeting where numerous citizens, including myself, were locked out of the meeting. The PAC states:

I cannot fid the Council violated the spirit or letter of the ODL by holding its July 24 meeting in Room 200.

There are a couple of statements I want to address from the opinion that I consider to be faulty logic on the part of the PAC. I will specifically address city attorney Tim Manges' response to my complaint in another post. Suffice to say that his is an inaccurate portrayal of events. Don't forget this is the same guy that wrote a letter to the News Sentinel saying Mike Sylvester never sent a list of questions to the city even though there is ample proof that he did. More on that later, let's start with the PAC's opinion:

I further have no evidence the Council knew or should have known the meeting room would not have accommodated the crowd for the July 24 meeting.

The PAC cannot be serious here. Not only was this going to be the final Harrison Square vote, but the council knew the anti-smoking ban crowd was going to be there to speak as well. There were at least 50 people (including the Deputy Mayor) that overflowed into the Omni room at the previous meeting where the public was allowed to speak - mainly due to the anti-smoking ban crowd. And don't forget the council was going to discuss the property-to-income tax options also. I know the PAC is not located in Fort Wayne and probably doesn't know the first thing about local politics but her statement above is way off base.

The PAC also addresses previous precedent although she didn't use the precedent I wrote about here that was clearly applicable. Instead she chose an opinion that is only marginally applicable:

The latter opinion (03-FC-138) is more applicable here. There, the Counselor refused to find a violation of the letter or the spirit of the ODL when the public agency held its meeting in its regular meeting location and did not move the meeting when the room was filled to capacity. There the public agency provided a public address system so those in the overflow area could hear the meeting.

How is that applicable? In that case there was an overflow area and they could still hear the meeting. In this case there wasn't an overflow area whatsoever and we couldn't hear or see anything that was happening.

I think it's a sad day when advocates of open government cannot count on the PAC to hold government accountable...

Attorney General Alberto Gonzales Resigns

Goodbye and good riddance.

North River Development? - YES!

After a presentation by consultant Gianni Longo on Thursday, members of the North River Task Force voted unanimously to endorse redevelopment plans for the area. The plans include a mix of single-family homes,townhouses,apartments,retail shops and restaurants centered along an inviting pedestrian boulevard with a waterfront plaza descending down to river landings. In addition, a regional attraction would be planned for the north end of the site. Suggestions have included a water park or aquarium. Since we don't already have either of these attractions currently in place locally, that will save us from ONE argument. . .

I'm excited about this plan! Much in the same manner as Harrison Square, it takes a part of the city that has been forgotten and written off for far too long and breathes new life into it. Now,I know all of the arguments pro and con regarding HS, but let's put that aside all of the monetary concerns for the moment and focus on the possibilities . . .I "get" the concern regarding the TIF designations, but come on, we're talking about a liquor store, a day-care facility and lots of residential rentals. Not alot of tax revenue to be had from the status quo in the HS area, and local history has shown no reason to expect anything new to show up in that section of downtown without some prodding. Sometimes you just have to clear the fields and sow a new crop. If that new crop fails, then you try another and another after that if need be, until you find what produces results.

Coming on the heels of Harrison Square, the North River Development is a perfect second step. It addresses another of the red-headed step-children of Fort Wayne development - our rivers. Critics will decry that "the rivers are dirty" or "nobody cares about access to rivers here". Alot of local citizens would take issue with that sentiment, Mike Harvey and Mitch Harper and myself, just to name a few.

We can thank Geoff Paddock and many other individuals for opening the door to our even having this discussion by creating Headwaters Park. I can still recall walking through "the thumb" as well as enjoying the Rivergreenway trails and being astounded at discovering areas of Fort Wayne that I had never seen, despite living here nearly all of my life! In the case of the trails, it was wild and wooley but amazing - in the case of Headwaters, I saw walkways and connections to the rivers and wondered "why haven't we done this before and what more can we do to re-connect"?

I keep seeing new signs of life in the core of this city and I feel passion and pride and hope. . .I recall growing up here in the 1970's - the boarded-up buildings and empty spaces downtown. If you weren't here then, you have NO idea how far we have come! Fort Wayne has always limped along in the slow lane, but has made slow and steady progress towards joining the rest of the world. As I travel to other cities such as Indianapolis and Chicago and experience their successes at downtown revitalization, I always return home with an eye to to the future and a sense of optimism. . .

Downtown Fort Wayne has a reputation for rolling up it's sidewalks after 5 PM and on the weekends. I'm behind anyone who wishes to challenge that train of thought. My wife and I dined at the Summit Club last night, and even from that lofty view we could see the activity going on at J.K. O'Donnell's well into a Friday evening. I salute the entrepreneurs behind that establishment, and welcome the forward-thinkers of tomorrow in their quest to rebuild the heart of our fine city.

More Leniency for Sexual Predators - Had Enough?

So the 15 year old sexual predator that abused a 7 year old girl at the Franke Park day camp is going to face the ultra-stiff punishment of probation:

The 15-year-old boy who molested a 7-year-old girl at Franke Park Day Camp will spend an indeterminate amount of time on probation.

In a brief hearing Friday, Allen Superior Judge Stephen Sims said he read the teen’s psychological-sexual report, and he did not believe Jean-Paul Lepley Herber would likely commit the crime again. He also said the teen’s parents scored above average on a test designed to determine their parenting ability.

How did that above average parenting ability pan out for them up until now? What a joke. Is this what our justice system has become - a series of bogus psych-evaluations and tests? When are the sheeple going to stand up and demand the justice system take care of these scum?

The kid is obviously a sick individual and knew damn well what he was doing was wrong. He should be punished - not sent running back to his "above average" mom. Don't give me that "he's just a child" crap either. If you're a sexual predator and you want sympathy then you can look in the dictionary between shit and syphilis - that's where you'll find your sympathy.

Congratulations to Deputy Prosecutor Carolyn Foley for reassuring sexual predators that they're safe as long as she is on the job...

Letter To DLGF Commissioner About Harrison Square

I've sent the following letter to Cheryl Musgrave (PropertyTaxInfo@dlgf.in.gov), Commissioner of the Department of Local Government Finance. Musgrave has approximately 90 days to approve the Harrison Square bond financing. I wanted to voice my discontent towards the project and I would encourage everyone else to do the same. Property taxes are certainly a hot potato right now so there's a slight chance Musgrave will listen to the people.

Ms Musgrave,

I'm writing to voice my opposition to the Harrison Square project here in Fort Wayne. I was very dismayed to read that one of the DLGF commission members said the claim that 70% of the residents were against Harrison Square is "unsubstantiated and unfounded". While 70% might be a slight exaggeration, recent Zogby polling data found that 65% of the public was against the project. Of course councilmen Talarico and Pape would have you believe this is because the public just doesn't understand and if they could educate them then they would support the project.

However, they have had 6+ months to explain this project to people and the people still do not want it. Mayor Richard has time and again said the project will not be payed for with an increase in property taxes. However, expanding the TIF district eliminates a large section of prime downtown real estate from the tax rolls. To argue that this land would never be improved over the next 30 years without Harrison Square is ridiculous. Remonstrators recently beat back a $500 Million bond the local school district was trying to get for their long term facilities project. Taking land like this off the tax rolls will only further exacerbate the problem the school district faces.

Beyond that, there has been no credible analysis that the new TIF district will generate the necessary revenues to pay for the bond. Numerous citizens have requested the relevant financial information from the city only to be stonewalled time and again by the administration. The city's argument has been that they are only planning on using 50% of the Jefferson Pointe TIF to support the Harrison Square project and that, if necessary, they can dip into the other 50%. What they don't tell people is that other 50% has already been accounted for in other places in the budget. THIS is why they needed the backing of a general property tax increase to get the bond financing - it's because their TIF numbers simply don't add up.

The city is building a turn-key baseball stadium to replace one that is only 13 years old. They're also providing, as far as I've been able to ascertain, the largest subsidy ever for a Courtyard by Marriott hotel. All of this is being done under the guise of "economic development". The taxpayers know what the project entails and we don't want it. We know that it will inevitably lead to an increase in property taxes at a time when increases have come in at 47% for certain parts of the city.

Since our local government will not listen to the people, and can no longer claim to represent the people, we can only urge you to do what's right and reject this bond lease.

Thank You

Jeff Pruitt

Former Republican Vice Chair Supports Tom Henry

I mentioned this in a previous post but the Indiana News Center now has a story up I can link to:

Cathy Hawks/Former GOP Vice Chair: "I would count my loss in this mayor's race. I would extend my hand of congratulation to Tom Henry, he loves this community, he has been an honest and upstanding citizen, let's let him run the city for four years and see how he does. Our option is Kelty or Henry. I'll be supporting Tom Henry.

Especially in light of recent events/comments, I think Cathy Hawks is making a wise decision in supporting Tom Henry...

Republican Chairman Eliminates Executive Committee Due to Kelty Infighting

The JG is reporting that Steve Shine has dissolved the Republican Party's executive committee:

Allen County Republican Chairman Steve Shine on Thursday dissolved the party’s executive committee, the day its president resigned because of concerns about Matt Kelty’s mayoral candidacy.

Shine said he would announce the committee’s elimination to county precinct officials Thursday evening. The group of about 200 precinct officials were scheduled to meet to discuss Kelty’s legal problems.

Shine said he decided to eliminate the group because its members were using it as a forum to get publicity for party infighting.

“The committee has become a public platform for people on both sides of this matter,” he said. “Regrettably, it has become a vehicle for discord rather than one for accord.”

Shine’s announcement comes just hours after Ken Neumeister, the president of the committee and an influential GOP fundraiser, resigned because of his unhappiness with the party’s support for Kelty.

Of course this was probably just a preemptive strike by Shine because Mike Sylvester reported that a 2nd person resigned from the board and that more were likely to follow...

More From Kelty's WANE Interview

Ok, this is probably the last post on Matt Kelty's WANE interview. At the 5:45 mark Kelty makes the following statement:

I was exonerated by the Allen County Election Board. That body, which has direct oversight on these matters, heard all of this evidence and cleared me by a 2-1 vote.

Now I'm sure everyone remembers what a whitewash the election board hearing was. However, they most certainly did NOT see all of the same evidence the grand jury did. They didn't subpoena Fred Rost and Don Willis or any of the other people that ended up testifying under oath. In fact the 2 election board members that "cleared" Kelty only asked 1 question between the two of them! There's simply no way one can legitimately say that the election board had the same evidence as the grand jury.

Another Kelty Lie

During Matt Kelty's interview with WANE he makes a statement that completely contradicts what he said in a previous interview (2:55 mark in video):

Mellinger: Could you look me in the eye as a Christian and say you honestly had no idea who funded that Zogby poll last spring before the primary?

Kelty: I knew Fred Rost was involved to some degree but I didn't know to what degree and I didn't know with whom. So yes I can, depending on exactly what you're asking me. I mean are you saying do I know everyone that was involved? And the answer of course is no. Are you saying did I know anybody who was involved? I would say yes I had every reason to believe Fred Rost was involved.

But wait Matt, in a previous interview with Fort Wayne Observed you said the people you knew that were involved with commissioning the poll were NOT directly involved in campaigns:

Well, I will tell you this -- and I don't even know who all is involved in the group that did this, but the few guys that I do know don't have any direct involvement in campaigns.

I don't know what everyone else thinks but I would say that lending someone $150,000 would classify you as directly involved with the campaign. And beyond that Fred Rost, according to grand jury testimony, was the Kelty campaign chairman! How can you say that your own campaign chairman is not directly involved in campaigns?!? This was a blatant lie.

Matt Kelty's Catholic Ghetto

In yesterday's WANE interview Kelty described the place he grew up as the Catholic ghetto. Here's the statement (at the 6:30 in the video):

Please remember the fact that you're talking to a poor kid from the North side of Fort Wayne - the old Catholic ghetto.

First off, Kelty grew up in Kendallville. I believe he moved there when he was still in elementary school so insinuating that he's "from" the North side of Fort Wayne is probably a stretch to begin with but I'll move past that. So where exactly did Kelty live in Fort Wayne before he moved to Kendallville? None other than Forest Park Boulevard. For those of you that don't know Forest Park is synonymous with money and no honest person would describe it as the Catholic ghetto. In fact on Matt Kelty's street there probably isn't a single house valued at less than $250k (note: The Allen County website is down or I'd check on appraised values).

I went ahead and took a few photos for those of you that might be interested in what the "Catholic ghetto" actually looks like. Fortunately the ruffians weren't out and about so I didn't need the 9mm for protection. But if you want to check out the 'hood for yourself then cruise on over to the 2300 block of Forest Park Blvd - but don't say Matt Kelty didn't warn you...

Matt Kelty Lies In WANE Television Interview

From day one of this campaign finance fiasco I have said that Matt Kelty violated the law. However, I have also said that I have no reason to think that Kelty is anything but an honest person that made a mistake. As of today, I can no longer make that statement in good conscience. His WANE interview from yesterday has put me over the top.

I'm going to have another post later detailing numerous other absurd comments made by Kelty in this interview but I wanted to put this up first. I wanted to put this up because this lie is so blatant that frankly I can't believe he even has the chutzpah to make it. Kelty's behavior reminds me of a 10 year old child that simply can't own up to the mistake he's made and instead decides to deny the truth at every opportunity. I have not rushed to judgement on this and I debated how I wanted to handle his comments. I try not to attack people personally but at the end of the day, Matt Kelty has struck me as a dishonest person and I can no longer suggest anything different.

I'm 100% positive that many will disagree with me on this and will probably even attack me for making such comments. However, those that know me realize that I am not a reactionary and partisan person. I am extremely disappointed in Matt Kelty and the false statements he made during the WANE interview. Here is the exchange (at the 7:30 mark) that finally drove me over the edge - readers can decide for themselves:

Mellinger: Has anyone in the Republican party, a higher up, talked with you, broached the suggestion of stepping out of the race?

Kelty: No.

Mellinger: It's never happened? Steve Shine never said anything to you? Nobody on the executive committee?

Kelty: No

Mellinger: You're saying that since the primary nobody has said 'Matt Kelty it's a good idea to get out of this'?

Kelty: My memory is always a little spotty but I don't recall anybody asking me directly or even insinuating that I should get out of the race.

This is a 100% lie and everybody knows it. Notice how he hedges by talking about his "spotty memory" when Mellinger continues to press the question. He didn't believe his answer and he was giving Kelty a chance to explain - he never does. There is no way you forget someone asking or insinuating that you drop out of the race. For him to make such a statement when asked repeatedly shows what a dishonest response this was.

More on the interview later...

Resignation Letter from GOP Executive Committee President

Wane has the story up and I've posted Neumeister's resignation letter below:

Re: Resignation from Executive Committee

Steve:

Please accept this as my official resignation as President and Member of the Executive Committee of the Republican Party of Allen County. After serving on the Executive Committee since its inception 7 1/2 years ago, I can not support the direction the party is taking regarding the Matt Kelty situation.

I will continue to work for and serve our other Republican candidates and elected office holders, as I have done for the past 15 years.

Sincerely,

Kenneth R. Neumeister

Ouch...

GOP Executive Committee Does Not Support Matt Kelty

Despite Steve Shine's outrage about information leaking out of the executive committee meetings, I've been told about the lack of support Matt Kelty received in their last meeting. I think it's important to point out that the executive committee is simply an advisory board set up by the party chairman and has no actual authority and there was no official vote taken.

Having said that, I have it from a reliable source that if you had to classify those that did not want to support Kelty going forward vs those that did want to support him - the "vote" would be 18-6 against supporting Kelty.

When I attempted to confirm this with another source I was told that it was difficult to put everyone's statements into such a black-and-white position. They told me that feelings toward Matt's candidacy ranged from complete and total support to he's a liar and should be thrown out of party headquarters.

Although the 2nd source wouldn't confirm the 18-6 number I think it's safe to say that Kelty does not have a lot of support within the executive committee...

Head of GOP Executive Committee to Resign Over Kelty Fiasco

I had it from a Republican official that the head of the Allen County executive committee was to resign today because he did not want to support Matt Kelty.

While in the process of making this post I was told that the Indiana News Center has just broken the story that Ken Neumeister is stepping down. Looks like I was about 5 minutes late.

I was also told that the report states that Cathy Hawks is now publicly supporting Nelson Peters Tom Henry.

It's not up on their website yet but when it is I'll link to it...

Update: Looks like Mike Sylvester already had a post up on this.

Comment of the Day

Mike Sylvester has a post about the incredulous fate of Memorial Stadium. In the comments, councilman Sam Talarico amusingly responded to John B Kalb's assertion that Mayor Richard would attempt to name the Harrison Square city park after himself:

John B. Kalb, I have heard you say some ridiculous things about H. Square, but this may be the best yet. Yes, John, its going to be Graham Richard park. That is what is behind this. Mayor Richard has an insatiable thirst to have a park named after him. I also think they should name the left field wall the "Kalb Monster" in honor of your wall like opposition to change downtown.

Is there still time to work the Kalb Monster into the design?

IWIR discusses Kelty indictment

Indiana Week in Review:

NAACP Goes Off the Deep End

I wasn't going to discuss the Michael Vick situation but the comments by the Atlanta NAACP are so absurd I just can't pass it up:

"As a society, we should aid in his rehabilitation and welcome a new Michael Vick back into the community without a permanent loss of his career in football," said R.L. White, president of the NAACP's Atlanta chapter.

Give me a break. Where was this charity when you protesting Don Imus? They go even further by suggesting that Vick might not actually be guilty and that he's only taking the plea bargain because the alternative is too severe:

"At this point, you're not looking at guilt or innocence," White said, referring to the possible harsher sentence Vick could have received had he taken his case to trial and been found guilty. "You're thinking, 'What I better do is cut my losses and take a plea.' But if he saw this as the best thing to do at this point for his future, then I think he made the correct choice."

Are you kidding me? Lose over $100 Million, be vilified on national television, go to federal prison and likely end your career. And you want us to believe that an innocent man would agree to such a "deal". What a joke. The reality is if Vick goes to trial then all the details of what he actually did will come out and he will have no chance of ever playing again. At least now Vick can hope that without the gory details people may actually give him a second chance.

And to top off a series of idiotic statements:

White said he does not support dogfighting and that he considers it as bad as hunting.

Even the most adamant PETA supporter can draw a distinction between hunting and what Vick was involved in. The national chapter of the NAACP might want to muzzle Mr White...

Huckabee Rolls On

GOP Presidential hopeful Mike Huckabee's campaign is starting to gain steam after his populist speeches helped lead him to a surprising 2nd place finish in the Iowa straw poll:

"People actually return our phone calls. They are starting to believe," Saltsman tells me. Ever since Huckabee's strong second place showing in the Iowa straw poll, Saltsman has seen a big difference. “We’ve had a good 10 days since the straw poll. We definitely had our best stretch online since the straw poll. We now have thirteen fundraisers on the books with either five or six pending. Half of the money is coming from Arkansas, a good chunk from Texas and strong interest in California.”
One of those donors in California is a billionaire but the campaign won’t reveal who it is except to say that it is not a celebrity.

The GOP isn't going to nominate Rudy Guiliani because, well because he's nuts for starters. Romney seems to be floundering while McCain's straight talk expressed derailed while the conductor was kissing the President's keister and Fred Thompson hasn't even declared. So can Huckabee pull off the upset?

(H/T: TPM)

Kelty Indictments Continue to Tear the Republican Party Apart

Kevin Leininger of the News-Sentinel brings us an insider's report of disagreement and anger within the Republican Party's executive committee over Matt Kelty's candidacy:

At a meeting of the party’s executive committee Monday, several members expressed concerns that support for Kelty, indicted last week on nine counts of perjury and campaign-finance violations, may make it more difficult to elect other Republicans in the Nov. 6 election.

“I told them the party has got to stand for certain principles, including honesty and integrity,” said John McGauley, who was elected Allen County recorder last year. “But Kelty lied to us, he lied to the public and, apparently, he lied to the grand jury. We can run against (Democratic mayoral candidate) Tom Henry again in four years, but we can’t if we give up the core things we stand for.

“Would we do that if we support Kelty? Yes.”

Ouch. Those are extremely harsh words from an elected official of the Republican party. But it didn't stop there - looks like Chairman Steve Shine is a little irritated that McGauley is talking about discussions from the executive committee:

Other members of the 15-member committee said they believe the party should remain loyal to Kelty, but did not want to be identified.

That’s because what happens in executive committee meetings is supposed to remain confidential, Shine said.

“Anyone who said anything (about what happened in the meeting) should be man or woman enough to resign,” Shine said. “It’s a complete betrayal, as serious as the (Kelty) issues they’re speaking about. Shame on them.”

“I said what I said,” McGauley responded. “I’m free to state my own opinion. I’m not violating anyone’s confidence but my own.”

I think Steve Shine is all-in on this one and his position as chairman is likely in serious jeopardy if Kelty goes down in flames. McGauley wasn't the only Republican insider to voice his concern:

"There’s nothing (the committee) can do about Kelty running or not running,” said committee member Bill Bean, a local developer. “Our purpose was to discuss the effect this might have on other races. My biggest concern is political apathy, that people will just stay home.”

Great reporting by Leininger. And for those of you that continue to claim the Democratic party is the reason for Kelty's woes - well, read this story. The party is fractured and it will be interesting to see if Shine can keep it together until election night...

C'mon Steve

In Sunday's JG, Steve Shine unfairly bashed the Democratic Party:

Steve Shine, chairman of the Allen County Republican Party, said he wouldn’t be surprised if Democrats try to take advantage of the situation.

“The mode of operation of the Democrats of almost every campaign is attacking the person instead of addressing the issues,” Shine said.

Every campaign? How about naming just one?

And let's not forget that the Democratic party is not attacking Matt Kelty - Steve should chastise his own party for that. Having said that, an investigation into whether or not a candidate committed perjury by giving knowingly false testimony to a grand jury is an issue that's germane to any campaign - and Steve Shine knows that...

More Shenanigans from the Allen County Council

I've already discussed the ridiculous idea proposed by Council president Paul Moss to give $500,000 of economic development money to the zoo - which has never taken a dime of public funds in its history. And oh by the way, Paul Moss sits on the zoo board. It's quite unfortunate that he's using his position on the council to lobby for taxpayers' money on behalf of the zoo. Of course I've beat this dead horse a time or two so I'll leave it at that.

The latest powerplay by the council is to move $500k the county commissioners had budgeted for road repairs into a separate line item. The council could then suggest what use this $500k would have as they didn't seem too thrilled about using it for road repairs:

To strike a compromise with the commissioners, the council proposed pulling $500,000 from line items dedicated to chip-and-seal projects to create a new line dedicated for the council’s use. The line item in the CEDIT budget did not specifically go to the zoo.

First, this can hardly be described as a compromise because the commissioners had no input. Next, what exactly is the point other than to try and show the commissioners that the council has a say too? The council has effectively taken their ball and gone home. Their move will now require the commissioners to go back to the council and request $500k for road work. At the end of the day the council doesn't have the authority to spend the $500k anyway - the commissioners wear the pants so to speak.

The county council needs to stop their political posturing and just get to work...

Editorial on Newspaper Dispenser

Sheriff Fries Gets County Council Approval for Shooting Range

The JG reports that the county council approved the necessary spending to buy the land needed for the shooting range:

Allen County Council members gave Sheriff Ken Fries the go-ahead Thursday to buy 193 acres – once part of a hazardous waste landfill – for a proposed training center and shooting range on Adams Center Road.

The county commissioners had entered into a purchase agreement to buy the property for about $675,000, but officials needed the council’s approval to spend the money. Fries said the property will likely cost no more than $650,000.

The commissioners offered to contribute $375,000 of that amount from a cumulative capital development fund, and the sheriff would provide the remaining $200,000 out of a commissary account fueled by inmates at the Allen County Jail.

The council, at Fries’ request, agreed to contribute $75,000 for the project out of the county’s general fund. Fries said user fees would help pay back that money.

Council approved the purchase and Fries promised never to ask for taxpayer money again for the training center.

Fries hopes to close on the property in the next two weeks, he said. He also hopes to work out a contract with a company that will seek out corporate grants to help pay for construction.

The shooting range will likely be the first portion of the center to be built because it will be the cheapest to construct. The center will likely be built in phases because of the cost, Fries said.

Sheriff Fries deserves a lot of credit for getting the ball rolling on this proposal and the commissioners and council should be commended for supporting him. I hope the Sheriff can get the necessary grants needed to make this project a reality. It's quite refreshing to see a local official trying to do everything he can to push for new projects within the city without resorting to the property tax crutch...

Matt Kelty Can't be Serious

In today's News-Sentinel, Matt Kelty comments on Tom Henry's Safe House Plan:

“It’s only the timid half step of a beginning in the right direction,” Kelty said.

The best way to fight crime, he said, is to reduce unemployment. “At the end of the day we achieve a safer community when we have prosperity.”

Did Kelty really mean to suggest that economic growth will reduce pedophilia and other sexual predators? There is absolutely NO BASIS for that argument. And what I find incredibly rich is that a candidate indicted for 7 felonies would have the gall to denigrate any plan for reducing crime - a sense of proportion would've served him well here.

UPDATE: I decided to delete the previous portion because I think the tone was slightly over-the-top of what I really wanted to say. I came to this conclusion after speaking with somebody I respect that was taken aback by my comment. To that person the comment implied that someone who is indicted should not be allowed to speak on certain topics. That's NOT what I wanted to say. The real point I wanted to make was that the day of your arraignment might not be the best time to attack the other candidate's plans.

Even the most ardent supporters of supply side economics must admit that some crime is simply not related to prosperity. Will advancing prosperity in the area reduce crime in general? Perhaps but I suppose it depends on how one defines "prosperity". What will not reduce crime is cutting the city's budget to unrealistic levels that could impact the money available for public safety officers and programs. That is something Matt Kelty has proposed to do...

Henry Brings Children's Safety Front and Center

Mayoral Candidate Calls for Initiation of Citywide Safe House Program

Fort Wayne, Indiana –- As students get ready to slip on their backpacks and start off to school, Mayoral candidate Tom Henry today brought the issue of children’s safety to the forefront with a concrete proposal to increase security for our youth and strengthen city neighborhoods. Henry presented plans to work with local school and public safety officials in the development of a Safe House program throughout Fort Wayne.

“"No child in our community should ever be in a frightening or dangerous situation and not have a safe haven nearby,"” stated Henry. "“A Safe House program provides a safety network for our kids on their way to and from school or when they are out playing. It’s simple. It’s effective. It will protect our children. And it will make our neighborhoods stronger.”"

Henry was joined at the announcement by Stacey and Stacy Kelsaw, Fort Wayne residents and parents, who have indicated a willingness to become Fort Wayne Safe House volunteers. Safe Houses are homes, apartments, businesses, churches or other public buildings that serve as temporary safe harbors for children in trouble. When threatened, children in need can run to the nearest Safe House to seek short-term shelter. To make them easily identifiable, each Safe House will be designated with a special window sign or poster. The houses will be staffed by adult,community volunteers who have been trained and professionally screened.

The framework for Henry’'s Safe House program includes these components:

- The City of Fort Wayne will work with Fort Wayne Community Schools and other local school systems, the Fort Wayne Police Department, parent-teacher organizations, and Concerned Citizens’ Watch, as well as neighborhood leaders, to develop the program;

- The schools, police department, parent-teacher organizations and neighborhood
associations will work together to recruit volunteers;

- The police department will administer the program and do annual criminal background checks on all volunteers and occupants of the Safe Houses;

- The schools will help to make children aware of the Safe Houses, distribute maps
and teach them how to use them;

- Safe House volunteers are to provide assistance to children by offering them a
secure environment and reassurance, calling the proper authorities (police, medical,
etc.), and reporting relevant information, such as suspect descriptions or suspicious
activities, to the proper authorities;

- Safe House volunteers are not to get directly involved in criminal situations,
provide first aid except in life-threatening situations, or enforce laws; and

- The Safe House program will employ a distinctive logo that will become a
neighborhood landmark. Its use will be permitted only by volunteers who have
met, and continue to meet, program standards.

The blueprint for the Safe House initiative was created in the 1970s when a similar project flourished here. The concept gained national prominence in 1982 with the formation of the McGruff Safe Houses in Utah following several abductions there. McGruff the Crime Dog is the crime prevention education symbol of the National Crime Prevention Council. McGruff Houses are currently active in more than 600 communities nationwide. The McGruff House structure may be considered as the model for the local Safe House effort.

“"There is nothing more precious than our children,"” emphasized Henry. “"As Mayor, safeguarding them and making Fort Wayne a safer city will be two of my lead priorities. Safe Houses are the open arms to shelter our youngest and most vulnerable citizens. They also send a message to those who would do harm that our neighborhoods are working together to fight crime."

The Safe House program is anticipated to require minimal city funding. It will utilize existing resources and staff, and be incorporated into annual work plans. Across America, safe houses have been shown to deter crime and reduce the victimization of children.

Tom Henry is a Democratic candidate for Mayor of Fort Wayne. He is a successful business owner, a five-term Fort Wayne City Councilman and a nonprofit leader with deep roots in the community.”

Kelty Indictments

AWB has posted the 9 indictments. Of particular interest are the two perjury counts. The first revolves around the following exchange:

Q: Don Willis, do you know him?

A: Yes, sir.

Q: Has he ever provided any support to your campaign other than what has been - what has been delineated in your reports?

A: Not that I know of.

It will be particularly interesting to see Don Willis' testimony as he must've directly contradicted Kelty's answers.

The second perjury count revolves around this exchange:

Q: So your story is that Fred Rost, your campaign chairman, lender to you of 150 grand [$150,000], commissions a poll for your benefit to determine the public's sentiments on an issue that's an issue in the campaign and he doesn't tell you about it?

A: Yes, sir.

Q: That's your testimony?

A: Yes, sir

Again, this must've been contradicted by Fred Rost's testimony. However, it's hard to draw any real conclusions without knowing what Rost and Willis' testimony were.

A new campaign finance violation was also included in the indictments (Count 6). This one is related to the way in which Kelty reported the Zogby poll:

fraudulently reporting upon form CFA-4 the source of an in-kind contribution, specifically reporting the in-kind contribution of a Zogby poll as contributed by Frederick Rost, knowing the contributors were, in fact Frederick Rost and Donald Willis.

This, too, could turn out to be very difficult for Kelty to explain away...

Matt Kelty and the Perjury Charges

I've been on the ground and on the phone talking with various people all evening long. One consistent topic that continued to come up was the 2 perjury charges. There were a lot of questions about this - in particular, did the perjury charge come from signing documents under the penalty of perjury or was it related to grand jury testimony?

I asked Matt Kelty this specific question and he told me that he didn't know. He indicated that he would have more information tomorrow and that he'd hold a press conference to answer questions at that time. Frankly, I was a little surprised that he wouldn't know the answer to this question this late in the evening - it was about 10pm - but I'm sure it has been an incredibly rough day for him and his family so I decided not to press the issue.

After returning home I reviewed the statements by the special prosecutor and there's absolutely no doubt it came from grand jury testimony:

Both (perjury charges) relate to testimony of Kelty regarding the Zogby poll. They came from his testimony in the grand jury and the allegation is those statements he made he knew to be false or not to be true.

This could be absolutely devastating to the Kelty campaign. The facts of this case had not been in doubt for quite some time; the arguments really boiled down to interpretation of the law. However, the news that Don Willis also paid for part of the Zogby Harrison Square poll was only released today. If Matt Kelty went before the grand jury and tried to bamboozle them about the funding of that poll then I think he's in serious trouble and frankly he should be.

It's one thing to mislead the press but it's a whole different ball game to try and do the same thing to the grand jury. I think you can make an argument about the campaign finance laws being ambiguous but there is absolutely no justification for misleading the grand jury. This was the #1 concern of just about every Kelty supporter I spoke to today. I don't want to be too critical on these specific indictments yet because there's too much information I just don't know.

Hopefully once the indictments are released I'll be able to get a better handle on this specific charge but it is certainly a devastating blow to the Kelty campaign...

I agree with the Special Prosecutor

Early on in this process I made a bold post entitled Matt Kelty Clearly Violated Campaign Finance Laws. I've stuck by that statement throughout this ordeal and today Special Prosecutor Dan Sigler agreed with that sentiment:

I don't think in regard to this case the law is vague at all. I think it's very clear what should've happened and it didn't happen and that's why these charges resulted.

I agree 100% although I think it's a shame the situation has gotten to where it is. I honestly feel much of the blame for that lies with the election board and James Bopp...

Kelty Courthouse Rally

Around 8:15 this evening I received a call telling me there was going to be a "We Love Matt Kelty" rally at the courthouse at 9pm. It just so happened that I was meeting Mark Garvin, Kelty campaign spokesman, right after I was finished with that phone call. I asked Mark if he had heard about the rally and he had not. No more than 1 minute after I mentioned it to him Matt Kelty called him and Mark asked if HE had heard about the rally and Kelty hadn't either. Mark informed Kelty and Kelty said he would be there. I'm not sure why I'm sharing this story other than I found it somewhat humorous that a Democrat supporting Tom Henry ended up informing the Kelty campaign about their supporters' rally. To be fair, I'm sure they would've found out anyway.

The rally had a decent turnout as there were about 80-100 people present including local bloggers Dan Turkette and Robert Rouse. Before Kelty arrived there were several chants from the crowd and the following caught my ear:

Steve Shine should resign - shame on you
Steve Shine should resign - shame on you
Steve Shine should resign - shame on you

For those that don't know, Steve Shine is the Allen County Republican Chairman. I found this chant quite strange considering Shine has been publicly behind Kelty for quite some time and even made a public statement of support today. Kelty showed up with his family and thanked his supporters. I've posted a sampling of his quotes from his speech below:

We weren't supposed to run and we weren't supposed to win.

I'm disappointed but I'm not defeated

We need to rise up and embody this great city

The process is working how it's supposed to work and we will prevail

There was nothing surprising or shocking in this speech. He just wanted to thank his supporters and let them know he's still in the game...

Discussion of Indictments with Kelty Insider

I was hoping to speak with Mark Garvin, Kelty campaign spokesman, before the decision on the indictments were handed down. However, by the time I got around to contacting Mark the indictments and the press conference had already taken place. I figured he might be too busy to discuss the situation but much to Mark's credit he took the time to meet with me and discuss the situation.

One thing that has surprised me throughout the day is that NOBODY had any information on what was going to happen. And even after the indictments were handed down people still didn't know the details and Mark was no exception. I was actually quite surprised to find Mark upbeat and hopeful about the current situation. He adamantly disagrees with my (and the grand jury's) interpretation of the campaign finance statutes and maintains that Matt Kelty followed the law in his campaign finance reports. Like nearly everyone I spoke to, he was unclear about the perjury charges and couldn't offer any additional information.

He told me that the campaign had prepared for either grand jury outcome and he reiterated that Matt Kelty would not be withdrawing his candidacy. He admitted that this would likely hurt fundraising efforts but that they were going to ratchet up the campaign to a new level nonetheless. They are going to be more aggressive by pushing certain issues even harder than in the past and they are going to ask for even more effort from their volunteers. He also expected Kelty to use this situation to work harder than he has been which frankly I'm not sure is even possible.

One of the issues Mark mentioned was Harrison Square and that Matt Kelty has been steadfastly against the project from day one. He also said that HS was still extremely unpopular with the citizens and if Tom Henry was going to continue the path of the Graham Richard administration then that might bode well for Kelty.

I asked Mark if there was any animosity from Kelty towards Republican insiders that might've pushed for this inquiry and he said that if there was then Matt was extremely good at hiding it because he's seen no sign of it. Our meeting was cut short due the Kelty rally at the courthouse, but the one thing I took away from this meeting was that the Kelty campaign was not demoralized - they were not going to give up or even sulk for a day. Kelty's campaign is still energized and willing to fight for their candidate...

Kelty Indicted on 9 Counts

UPDATE (5:22pm): Evidently one of the counts is perjury. The grand jury investigation revealed that Don Willis and not Fred Rost was the source of the Harrison Square poll and they must've found that Kelty lied to the grand jury about that poll. (Hat tip to DFWB who saw the Indiana News Center live broadcast - this blogger missed it because I left 15 minutes before Kelty arrived - apparently in handcuffs). I've gotta run to the city council meeting. More later...

UPDATE: (11:03pm): Two of the counts were perjury and Don Willis AND Fred Rost evidently paid for the poll. I posed the perjury question to Matt Kelty himself tonight at the courthouse. I'll have more posts later...

It's official.

Indiana News Center has the story:

(Fort Wayne) -- A grand jury investigating whether Republican mayoral nominee Matt Kelty broke any campaign finance laws Tuesday returned a nine-count indictment against the candidate.

Word of the indictment was confirmed by Off. Steve Stone of the Allen County Sheriff's Department. Stone said late Tuesday afternoon that officers were in the process of arresting Kelty.

Kelty revealed after the May primary that some $160,000 he claimed he lent to his own campaign actually came from three of his key supporters.

The Allen County Election Board voted in June that Kelty did not violate campaign finance laws. But a complaint was filed with the Allen County prosecutor's office, keeping the case alive.

Dan Sigler from Whitley County was appointed as special prosecutor, and last month he asked that a grand jury be impaneled.

Six jurors and an alternate began meeting last week to determine whether Kelty violated state campaign finance laws.

Kelty Grand Jury Findings Are In

The News Sentinel reports that the Kelty Grand Jury has sent its findings to the judge and more info will be available in 24hrs:

Special Prosecutor Daniel Sigler said the grand jury investigating whether Republican mayoral candidate Matt Kelty broke campaign-finance law has taken action and sent its findings to Judge Fran Gull.

The order is currently sealed, Sigler said, but more information should be available within the next 24 hours.

He said, in the event of an indictment, there would be an arrest before the decision is made public.

The grand jury was sent home at 1 p.m. Tuesday, but Sigler said it could still be called back. Subpoenas are still out, and some loose ends remain, he added.

Between 12 and 20 witnesses were called after the grand jury began its work Aug. 6.

Tom Henry Press Conference on Child Safety

I was told that Tom will be holding a press conference on child safety tomorrow at 11am at 3102 S Anthony. The gist of the press conference will be Tom's idea to reinstate/rework a previous child safety program. I'll be interested to hear Tom's thoughts on this matter. When I get the press release I'll update this post...

I don't know exactly what Tom will be talking about but I have my own plan that involves banning sexual predators from the city altogether:

Convicted child molesters have no place in our city. They should be monitored and banned. Our county prosecutor and the judges that impose sentences are a joke. Just go to the registry and look at the sentencing for some of these people - I'm sure you'll be thoroughly outraged at the leniency we apply to these degenerates.

Call me a NIMBY but until the courts start to do something about these predators it's time the city council take action - the first step is to create a law that expands the school/park restriction to 1 mile. I understand they have to go somewhere but that should not be the concern of the city council as it's responsibility is to the people of this city. If we convince a business to open up shop in Fort Wayne we don't worry about how that might negatively effect other communities that lost out. It's every city for itself economically, and sadly I think it must become that way for sexual predator laws as well.

Property Tax "Reform" = Increased Taxes

Today's editorial in the JG brings up a valid concern about business vs homeowners in the property tax debate. The concern is that nobody is really discussing what a shift in the property tax to an income tax will actually do to the average homeowner's bill.

If their (businesses) taxes are lowered or eliminated, someone will make up the difference. Under many of the discussions so far, the burden would fall to wage earners through income taxes and consumers through sales taxes.

This is a point I've been trying to make for weeks now - namely that the tax burden isn't going down so all this "reform" is going to do is shift the burden from one group to another. And the people leading this debate need to be honest about what's going to happen to your bill. For example, the city council has the opportunity to vote on whether or not to raise the county option income tax by 1% to offset some of the property tax. However, part of the debate centers around whether or not we give the tax relief to homeowners only or to businesses as well.

This needs to be very, very clear. If the city council votes to extend the "relief" to homeowners and businesses then nearly every homeowner with a job will pay increased taxes. In fact even if they only extend the relief to homeowners many will STILL pay an increase in taxes.

I've said this before but it's worth repeating - only a sucker votes for a revenue neutral tax because you will always pay an increase in taxes in the long run. The city council should NOT adopt the increase COIT and wait to see what happens with long-term reform at the state level...

J.K. O'Donnell's Grand Opening

Tonight I went to J.K. O'Donnell's grand opening. For those that don't know, JKO is an Irish Bar located near the corner of Harrison and Wayne. The place is amazing. I was thoroughly impressed with the decor as well as the beer and food selection. I have a feeling this place is going to be quite popular. The only downside to tonight's visit was the service, which was not good. However, that's not unexpected for a grand opening as the place was very busy and the entire staff is getting used to the operations.

I would encourage everyone to give the place a try as I think you'll find it quite a unique bar...

Henry Touts Rivers as a Resource to Tap

COMMUNITY LOVE, ECONOMIC POTENTIAL MAKE
THE RIVERS A PRIORITY FOR MAYORAL CANDIDATE

Henry to Launch Pioneering Initiative to Celebrate Our Rivers (08-06-07)

Fort Wayne, Indiana - Standing on the banks of the St. Joseph River in Johnny Appleseed Park, Mayoral candidate Tom Henry today announced his initiative to Celebrate Our Rivers. The project will encompass the first assessment of the community and economic potential of Fort Wayne’'s rivers and river-fronts in the city’s history. It will be launched within the first 100 days of the Henry administration taking office.

"“We love our rivers",” observed Henry."“They are Fort Wayne’'s most recognizable symbol and hold enormous economic promise. We talk about them, point to them as untapped assets and dream endlessly about what they might be. Well let’s get busy and make those dreams come true. The initiative to Celebrate Our Rivers is my commitment to help bring our rivers to life".”

The initiative will be led by community volunteers working in collaboration with city staff and other specialists as needed. The representative members of the group are to be named within the first few months of the new mayoral term.

Celebrate Our Rivers will employ broad-based public input sessions and information gathering techniques accompanied by supporting objective analysis. The study team’s charge will be threefold: 1) Examine the opportunities the rivers and riverfront areas represent; 2)propose steps to maximize these natural features for community and economic enhancement purposes; and 3) act as ambassadors to help engage the public in determining future direction.

The city of Fort Wayne is transected by the St. Joseph, St. Marys and Maumee rivers creating over 40 miles of shoreline within the city and almost 15 miles of riverfront in the downtown area. Throughout its history the city has relied upon the rivers for transportation and commerce, battled with them during floods and continually depended upon them for its water and sanitation. The rivers’ regional economic lifeline role was eclipsed long ago, but their recreational, natural resource, hospitality and tourism value have never been exploited fully.

“"In the new economy, a city’s vitality is inextricably linked to the livability it offers",” noted Henry. "“Nurturing the jobs and attracting the talent that will keep Fort Wayne competitive requires a quality of life that is equally competitive with infrastructure and incentives. Our rivers can be a centerpiece of that program. It is time we made a concerted effort to capitalize upon our community’s singular natural feature".”

Celebrate Our Rivers is envisioned as a catalyst for a long-term endeavor to optimize Fort Wayne'’s three rivers. It assumes an inclusive approach that will address issues such as environmental concerns, flood management and financial considerations. Private sector funding partners will be sought as the cornerstone of any proposal.

A strategy and implementation time-line are anticipated outcomes of the process that embraces possibilities large and small and may include:

- Encouraging more river activities such as the recently reinstated Three Rivers Festival
- Canoe & Kayak Races;
- Improving and building more boat launches to supplement the four existing sites;
- Promoting boat tours to give more public access to the beauty and pleasure of the
rivers;
- Exploring private residential and commercial development along the river’s edge; and
- Investigating the interconnection of the Rivergreenway with all community trails.

“"For much too long, we’'ve turned our backs on the one landmark that both defines us and unifies us, the one attribute we as residents would love to enjoy",” added Henry. "“Our rivers were the city’s first front door. They can once again become a gateway to opportunity. All it takes is setting our minds and hearts to it. I’m ready".”

The initiative to Celebrate Our Rivers will complement and be integrated with the city’'s recent downtown, North River and comprehensive land use and development planning efforts.

Tom Henry is a Democratic candidate for Mayor of Fort Wayne. He is a successful business owner, a five-term Fort Wayne City Councilman and a nonprofit leader with deep roots in the community.

Huckabee Makes His Move

I told you he was going to gain steam. Huckabee just finished 2nd in Iowa straw poll with 18.1% of the vote:

Gov Mitt Romney won the 2007 Ames straw poll, receiving 4516 votes, or 31%.

In a surprise, Gov. Mike Huckabee finished second with 2587 votes at 18.1%

11. John Cox with 41 votes.
10. John McCain with 101 votes.
9. Duncan Hunter with 174 votes.
8. Rudy Giuliani with 183 votes.
7. Fred Thomson with 231 votes.
6. Tommy Thompson, 1,009 votes, 7.3%
5. Ron Paul with 1305 votes, and 9.1%
4. Tom Tancredo with 1961 votes, 13.7%.
3. Sen. Sam Brownback with 2192 votes and 15.3%

Iowa state auditor David Vaudt unofficially certified the results.

14,203 ballots were cast.

It's important to note that Giuliani and McCain did not officially take part in the straw poll which is essentially a fundraiser for the Iowa Republican Party. However, a poor showing for 2nd tier candidates here can cause the campaign to re-evaluate and drop out of the race.

This 2nd place finish should give Huckabee more press coverage and some much-needed campaign cash. I see this Republican primary shaping up as a battle between the DC establishment and a southern conservative populist. I still think the populist message is going to be tough to beat...

Source Indicates No Kelty Decision Today

Although many felt the grand jury decision was going to be announced today, one source indicated that it's not going to come to a conclusion today and will continue into next week.

I did not get this information from the prosecutor himself but I still wanted get it out there...

Only Tragic Outcomes in Kelty Case

The word seems to be that the Kelty grand jury will wrap up its investigation tomorrow. No matter their decision it will be a tragedy. I'm actually quite torn on this issue. There is absolutely no doubt in my mind that Matt Kelty violated the law, and if there is no indictment then a blow will be struck against open government that may take a long, long time to recover from. On the other hand, Matt Kelty does not deserve to go to jail or even be removed from the ballot for what happened. I fear that would set off a partisan firestorm in local politics that would burn for a long time as well (think Clinton impeachment).

At the end of the day either outcome is unjust. Unfortunately the issue was not handled properly and now it's up to the legal system. I think a just outcome would've been for Kelty to have had to pay back the loan before making any further expenditures. I think that's reasonable but I'm certain many on both sides would adamantly disagree.

I will be at the press conference if it happens tomorrow, but no matter the outcome, I will be walking away shaking my head, wondering, how did we get to this point?

A Populist Republican Presidential Candidate?

I never thought I would see the day, but I must say that I was completely shocked after watching the Republican presidential debate held Sunday on ABC's This Week with George Stephanopoulos. During the debate, nearly every candidate came across as completely out-of-touch and completely unelectable - except for one.

"We have to start addressing building this country, and not everybody else's."

"If we can feed ourselves, if we can fuel ourselves, if we can manufacture the weapons to fight for ourselves, we're a free people. If we can't do those three things, we're not free"

"You know, if you want to know how to fix it, I've got a solution. Either give every American the same kind of health care that Congress has, or make Congress have the same kind of health care that every American has"

"The reality is, if we could have the fair tax, you take $10 trillion parked offshore, bring it home, you rebuild the 'made in America' brand, you free up people to earn money, to work, you don't penalize them for taking a second job, you don't penalize them for investing, you don't penalize them for savings"

I'm going to go out on a limb here (and it's certainly too early to do this but what hell). I think Mike Huckabee is going to win the GOP nomination. He's got the conservative credentials to appeal to the base and a populist message for independents and moderates. His only problem right now is money but as the media starts to cover him he's likely to influence more donors. Tonight he was on Hardball and he continued his populist speech. Just listen to this and tell me how any of the other Republicans are going to beat this guy. Mike Huckabee is the only GOP candidate that has a chance to win the general election. The Democratic candidates had better start paying attention...



Video H/T: TPM

Supply Side Economics Is a Farce

Just a little food for thought next time your congressman or anyone else tries to tell you that tax cuts pay for themselves. In a recent House Budget Committee hearing, the Director of the Congressional Budget Office, Peter Orszag, told the committee in no uncertain terms that the Bush tax cuts did not pay for themselves. There's a good three minute exchange starting at the 32:30 mark that is worth watching. It leaves no doubt that the Bush tax cuts not only didn't pay for themselves but are also the reason why we don't have a balanced budget this year:

Congressman Edwards: Had it not been for the tax cuts passed during the Bush administration would we have a federal balanced budget in 2007?

Peter Orszag: Mr Edwards, we responded to a letter from Mr Spratt on that question and noted that there are no current estimates of the revenue impact from the tax legislation. However if you combined original Joint Committee on Taxation scores for that revenue legislation with an estimated macroeconomic impact from a variety of models, one gets a budgetary impact on the range of $200 Billion which is slightly higher than what we expect the budget deficit to be this year.

Congressman Edwards: So had it not been for those tax cuts we'd have a balanced budget today. The real debate on the PayGo is that Republicans in Congress are saying Pay as You Go should only apply to spending and not to tax cuts. They seem to imply that somehow you can cut taxes dramatically and not have an impact on the deficit which factually is dead wrong and history has certainly proven that in the 1980s and again in this decade. Dr Orszag may I ask you specifically, if you cut taxes by $1 is there any credible evidence to suggest that you bring in an extra dollar in federal revenue to make up for that tax cut?

Peter Orszag: No, there is evidence that you offset perhaps some of the cost. It depends exactly what kind of tax cut it is and it depends on how it's financed but a full offset - that is the notion that tax cuts pay for themselves - is not supported by serious analytical work.

Congressman Edwards: Not supported by serious analytical work - thank you for that. In fact I think that some CBO serious analytical work said in some cases tax cuts at the very best most optimistic assumption might bring back 20 to 25 cents for every dollar lost in revenue and actually went further to say that when tax cuts, as these Republican tax cuts, have been payed for by borrowing money from the Chinese and Japanese and other foreign countries that it would actually harm the economy and reduce federal revenues. Isn't that correct that the CBO has said that tax cuts when payed for with borrowed money could actually hurt the economy and economic growth?

Peter Orszag: That is correct but that's also a reflection of a variety of studies and not just CBO's own studies.

City Council Recap

The clerk started the meeting by saying that the Omni Room will be available for overflow crowds at every council meeting until the renovations to the regular council chambers are complete. The clerk thought the renovations would be finished for the Aug 21st meeting. I was certainly happy to hear the clerk take this step as it ensures that everyone will be able to view the meetings without the fear of being locked out. It should also be noted that the doors were left open throughout the meeting tonight.

Next, Don Schmidt said the Allen County Commissioners sent him a letter saying the county has lost $3 million from annexation and that they will not have the necessary funds to maintain all the county bridges. The commissioners proposed creating a task force to explore potential solutions. One solution mentioned was to have the city pay for the bridges within its boundaries but have the county loan the necessary experts to the city to ensure the maintenance is done properly.

There were changes made to the city's policy and procedures manual including adding a floating holiday (designated by the mayor) for all employees. This one made absolutely no sense to me as the city already gets several paid holidays. Tom Didier inquired about the extra expense this would create and the director of Human Resources said they planned to offset the cost by changing the bereavement leave policy. After listening to the bereavement policy changes it's my opinion that there is absolutely NO WAY this is revenue neutral - it will cost the city money. The city admitted that they had no metrics or basis for claiming the changes would be revenue neutral yet nobody on the council challenged them.

The main debate at tonight's meeting was over an ordinance discussing changes to how firefighters are hired, promoted and disciplined. The firefighters want to create a Merit Commission to handle this and this board would essentially replace the Public Safety Board as far as firefighters are concerned. Their rational for this was that the members of the Public Safety Board are all appointed by the mayor and thus it could become too politicized. Their merit board would consist of 2 members appointed by the mayor, 2 by the firefighters (active duty members are ineligible) and 1 by the city council.

There was vigorous debate over this with the Fire and Police Chiefs arguing to stick with the status quo. They felt there was nothing wrong with the current system and that this would shift too much authority away from management and policy positions. There were a couple of amendments offered that didn't seem to be that big of a deal but took almost an hours worth of debate. The vote on the ordinance ended in a 4-4 tie since Councilman Hines was not present and so he will become the deciding vote at next week's meeting.

As an interesting side note, due to the tie vote, the council said the bill would be moved out of committee with no recommendation. The city clerk was visibly upset about this and was quietly protesting that a tie vote equated to a recommendation of do not pass. Because of the clerk's concerns, Schmidt decided to make a motion (that was passed) to move the bill out of committee with no recommendation. The clerk insisted that they could not do that but her concerns were ignored.

City Council Lockout Op-Ed

Update: The News Sentinel also published my letter along with Mike Sylvester's letter regarding statements made by city attorney Tim Manges

Today, the Journal Gazette published my op-ed piece on why the myriad of excuses being offered to defend the city council lockout are invalid:

I have been hearing numerous explanations and excuses for why more than 80 citizens, including myself, were locked out of the July 24 Fort Wayne City Council meeting. I want to publicly address these issues to explain why none of these explanations is adequate.

First is the idea that there was a surge of citizen participation and the council could not have anticipated the problem. This is simply incorrect because there were not significantly more people present than had attended other recent meetings. Why would the council think that the meeting where the final Harrison Square vote was going to take place would be any less well attended? There was also an organized anti-smoking-ban crowd planning to speak, and council members were going to address the property- to income-tax options as well.

Second, there are claims that letting everyone into the meeting would have violated the fire code and put people at risk. Let me be clear that I am certainly not advocating that the city should have overfilled the room and put people in danger. Previously the City Council addressed this exact problem by using the adjacent Omni room to handle the overflow crowd where citizens were able to watch the council meeting on television. This room is more than large enough to accommodate everyone who was locked out, and when I inquired about why this was not an option at this particular meeting, I was told that the Allen County Homeowners Association had booked the room. This room should be permanently booked for all council meetings until the renovation in the regular council chamber is complete. Furthermore, the Homeowners Association has no statutory requirement to post their meeting notices, and the city could have asked that they move their meeting into another room or facility.

Third, I’ve heard news reports mention the fact that the meetings are on public-access television, implying that somehow this meets the Indiana Open Door Law. The public needs to know that these meetings are on a cable public access channel. Therefore, if you are not a cable subscriber, then you cannot watch the proceedings. I cannot imagine that the city wants to set the precedent that only those with cable television are allowed to partake in the democratic process.

Finally, it has been reported that people were free to enter the room any time they wished. There were numerous witnesses, including public officials, who can attest to the fact that such statements are completely false.

There were many solutions to this problem, and it should not have come to anyone’s surprise that more than a handful of citizens would want to be at the meeting. I do not believe that there was any underhanded attempt by the city to stifle citizen participation, but that does not excuse their negligence. It is important that our government be open and transparent, and in this case they failed.

Leaky Pipe - Better Call 911

Fort Wayne Community Schools issued a press release today to alert people that "emergency" maintenance is going to take place at Washington Elementary School:

Emergency facilities work will be done at Washington Elementary School before the 2007-08 school year begins to repair a leaking, corroded pipe in the gymnasium.

The condition of the pipe has made the gymnasium off limits. For safety reasons, no activities will be held in the gym until the pipe is repaired.

Since when does a leaking pipe constitute an emergency? Is this what these sore losers are going to do all year - issue a press release every single time they fix something? We get it; things need to be fixed. How about spending your time prioritizing the problems instead of issuing silly press releases...

(H/T: Mitch Harper)

More Zoo Nonsense From the County Council

Kathleen Quilligan covered yesterday's county council meeting where the decision on whether or not to spend $500k in economic development money on the Fort Wayne Children's Zoo exhibit (I'm not kidding) was discussed.

In May, Council President Paul Moss, who also serves on the board of the zoo, asked council to consider the possibility of giving $500,000 in CEDIT money to the zoo for its African Journey exhibit. The total cost of the exhibit, expected to open in 2009, is $10.5 million.

Making the decision more difficult is the estimated 32 percent reduction in CEDIT dollars because of the city's 2006 Southwest Annexation, which took about 13 square miles and 25,000 residents from the county.

Thursday, Councilman Cal Miller asked what road projects would be eliminated or delayed should council appropriate money to the zoo. Highway Director Bill Hartman said conversion projects, reseal projects or drainage projects could all be affected.

Am I the only one that finds this to be a blatant conflict of interest? A sitting member of the zoo board is openly using his position as council President to lobby for zoo funding at the taxpayers' expense. Keep in mind that our zoo has never received taxpayer money. This is an outrage and frankly I find it quite shameful. I had this to say about the original story that broke in May:

This is a bad idea. The first thing every politician says about our zoo is that it is, and always has been, privately funded. This is a major fundraising point for the zoo as well. How many people will rethink donating money to the zoo if they realize their tax dollars are already going to support it? Even zoo director Jim Anderson admits as much.

Of course setting this precedent means the county (and city) will begin to subsidize the zoo more and more. The Council knows this is a concern so Moss is trying to convince us that won't happen

Nelson Peters had this to say about the council's plan:

“We did consider (the zoo allocation), but felt priorities were things we could not put off and want to include on the 2008 budget,” said Commissioner Nelson Peters.

Peters should be commended for rejecting Moss' idea.