Merry Christmas 2017

Fifty years ago I spent Christmas Day (1967) in the amphitheater at Long Binh Vietnam where one of the greatest supporters of our troops came with his friends to entertain us.

This short clip brings back some of the more pleasant memories of that time in my life.

Merry Christmas and Happy New Year to all. 

Westbrooke Green - Shawnee Takes It In the Shorts

Well it happened Monday night.  The Westbrooke Green development is going forward.  The plan for a mixed use apartment complex, retail type of development seems like a good idea.

So, why do I say that Shawnee takes it in the shorts?  The financing plan stinks.  A 100% TIF for 20 years stinks.  The developer getting the 1% sales tax stinks.  The 1.5% CID stinks.  The odor coming off the finance plan is akin to one that emanates from a garbage dump.

The costs of city services will not stay stagnant for 20 years.  They are constantly going up.  A development like this needs to contribute to the costs of the city.  I am not in favor of TIFs, but feel that it might have been a necessary evil in this case, but not 100%.  I suggested at the council meeting that it be renegotiated to 75%.  I felt that we did not negotiate properly in this matter and just caved to whatever the developer wanted.  When councilmember Jenkins voiced the same thoughts Jeff "the Arrogant One" Vaught claimed it was negotiated.  Heck, when I see that a developer gets a 100% of this and that I question that.

My suggestion was that the plan goes back to renegotiate to bring the TIF down to 75% and not give up the 1% sales tax.  That would also allow the matter to come back to the council after Jan 8, 2018.  That is important because three of the current councilmembers will not be returning.  I felt that this matter was too important for a council with 37.5% of its members not coming back to be voted on at this time.  Every council person who voted on it would need to be able to be held accountable to the citizens of Shawnee.  This is not possible now.

Ironically at a previous meeting about this when councilmember Dr. Mike Kemmling suggested waiting for the new council he was told that that would delay the vote too many months down the road.  Too many months?  As of this past Monday the delay would have only been three weeks.  It had also been previously argued that the developer wanted to get started shortly after the first of the year.  That turned out to be BS.  The developer now plans to start in Oct 2018.  Also, what was supposed to be a three year project has now been changed to a six year plan.  Add to that what is going to be determined as "substantially completed" during the various phases appears to be overly favorable to the developer.  Those are the markers so that the developer is not penalized.

I specifically called out the five councilmembers who would be returning to do the right things.  Send the item back to renegotiate and insure that a full, accountable council would be acting on it.  The five were Eric Jenkins, Mike Kemmling, Jim Neighbor, Stephanie Meyer and Mickey Sandifer.  Of that group only Jenkins and Kemmling voted that way.  So, when a future council has to raise sales and/or property taxes to cover shortfalls because the city is not getting any part of the increased property taxes and giving up the sales tax I will cheerfully scream "I told you so".  And then I will be able to hold the feet of the three who went with it as it stood, to the fire.

Again, project idea good, finance terms bad.

Some sidebars: 

When my speaking time had expired I asked for a motion to allow for an extension (this has happened in the past, and not just for me).  Well 6 of the 8 voted to give me the extra time (in the past it was usually 8 of 8).  Who voted against the extra time?  Jim Neighbor and Jeff Vaught.  My thoughts on this will be in a future post.

Had to chuckle at the woman that got up and said that this project would bring in restaurants and shopping that would make it a destination place.........so, she thinks she is going to get class establishments in that development?  When the plans call for five (5) drive thru restaurants.  The establishments may be nice but destination?  And will there be a "major" sit down full service restaurant that will attract folks from all over JoCo?

Important for Public to Consider Citizen Interest Groups for Westbrooke Green

Westbrooke Green is a contentious project.  There are a bunch of competing viewpoints concerning this project, be it the actual type of project, the tax incentives, and a variety of other items.

In the past, when citizens spoke about projects like this at council meetings there would be many disjointed individual comments.  To make the process more easier, and to give the average citizen a chance to have their comments presented in a more fluid manner. Council Member Eric Jenkins (Ward II) championed a change to Policy Statement-7.  To read his comments about this click here for a link to his FB page

The change allows for 12 citizens to form a Citizens Interest Group and then have one person give a 30 minute presentation (with the possibility of a 30 minute extension).  This allows for a better, stronger, presentation of ideas as opposed to multiple 5 minute individual commentaries.  Also, the presenter does not have to be a member of the 12 person group.  They can be an outside individual or even a professional (lawyer, accountant, architect, engineer, etc)

Additionally, there is no limit as to how many of these groups can be formed or what side of the issue they have to be on.  They can be pro or con.  If 36 different folks want they can form 3 different groups.

For more information on this please visit the city's web site by clicking here.

The public hearing for this matter is scheduled for Monday 12/18/17.

Is Prairie Village Mayor Turning Into Jack Booted Thug?

Whoa, this article in the Shawnee Mission Post really got my dander up.  It can be viewed at this link
Apparently the mayor of Prairie Village, Laura Wassmer, wants to put restrictions on council members posting on line or speaking to the press.

Here is part of the article:

Wassmer sent the following message to members of the city council Monday after councilwoman Jori Nelson posted a message about the Village Square community input sessions on the website NextDoor, and councilwoman Sheila Myers asked the Shawnee Mission Post to publish a similar statement:

Council, please remember that you collectively represent a governing body of twelve members. While you are entitled to your own opinion, it is important that communication involving City related events, projects, etc. come from the CITY, and not from individual council members. While you are welcome to post information on your own FB pages that are obviously your own opinions, please refrain from discussing your views individually with the media or posting on neighborhood chat forums/online neighborhood websites. All media requests for information should be forwarded to either myself or [City Administrator] Wes [Jordan] in the future. Thank you for your cooperation. Laura

That message struck at least four members of the council as crossing an important line. As elected officials, one said, they should have the ability to express their opinions on any issue without fear of reprisal, and it was not appropriate for Wassmer to ask them to yield their ability to communicate with constituents.

If I lived in PV I'd be starting a recall petition for the mayor.  She took an oath of office to support and defend both the state constitution and the federal constitution.  Council members do NOT give up their right to free speech by virtue of their position.  Also, a council member's opinion of city projects is important to the citizens. They want to know what the council member thinks.

Mayor Wassmer, it is my opinion you owe your council a big apology.

New Faces to the Shawnee City Council

This past Tuesday Shawnee voters went to the polls and in January there will be three new faces on the city council.

Ward 1:  Matt Zimmerman defeated incumbent Dan Pflumm.  Not completely sure where Zimmerman stands on some items so will be waiting and watching to see what happens here.

Ward 2:  Mike Kemmling ran unopposed and as such will serve another term on the council.

Ward 3:  Candidate Justin Adrian defeated Candidate Dave Myres (the incumbent Jeff Vaught was tossed out by the voters in the primary).  This one really concerns me as I find it abhorrent to have an individual who went to the Democratic convention as a Hillary Clinton delegate sitting on our city council.  He may not represent the ward I live in, but when he takes actions he is taking them for the whole city.  I seriously question the sincerity of his comments in support of veterans after he supported the Witch (sp) of Benghazi.  My microscope is ready to look at every action/move he makes on the council.  At least I'm up front about it.

Ward 4:  Candidate Lindsey Constance defeated Candidate Tony Noble (the incumbent Brandon Kenig, like Jeff Vaught, got tossed by the voters in the primary).  Her kumbayah approach makes me really wonder about where she stands on various issues.  Since this is the ward that I live in, that microscope will be at high power to monitor her actions and moves on the council.

Since two of these folks received strong Democratic Party support maybe taking a page out of the Democrat's play book might not be a bad idea.  You know the page, the one where the day after Trump won the Presidency the Dems were already talking impeachment.  Maybe I should start talking recall election.  Why not?  According to Kansas statutes the process can begin anytime after six months of their taking office.  Something to think about.

Justin Adrian Lies to the Voters

When discussing what his opponent said, Justin Adrian told a heck of a whopper concerning the Deffenbaugh impact fee.

Here is a question that was posed to Dave Myres:

How should Shawnee be using the proceeds from the impact fee paid to the city by Deffenbaugh for use of the landfill space?

Here was Dave Myres answer:  The impact fee is intended to repair the damage to our roads caused by the Deffenbaugh trucks.  However, about half of that fee has been diverted to "economic development"  This is wrong and I will vote to stop it.

Justin Adrian then makes this statement:  The money is not being diverted.  The agreement was setup with Deffenbaugh specifically to allow 50% to go to street maintenance and 50% for economic development to compensate for the loss of development ready land due to the landfill.

Justin Adrian is flat out lying.  I was at the council meetings when that came up.    There was absolutely NO agreement with Deffenbaugh as to how the fee was to be allocated.  That decision is/was not theirs to make. The only agreement with Deffenbaugh was the amount of the fee and for how many years it would be in effect. It was at a budget meeting and some council members wanted the entire fee to go to economic development.  Others wanted the entire fee to go to street maintenance.  A compromise was reached and the fee was split 50/50.  Now here is the kicker.  The allocation was never placed in an ordinance, a policy statement or any other document.  As such it is considered an action as the "will of the council".  As such it can be changed at any time with a simple majority vote of the council.

Basically, Adrian's statement is full of horse manure and it is a total lie.  Ergo he is a liar.

If Mr. Adrian is a history teacher I really hope he gets his facts straight on what he teaches the children in his classes.  Or does he twist the facts to suit his view of history.

An Open Letter to Marlys Shulda, Failed Candidate for the Kansas House

Dear Ms. Shulda,

I read your letter to the editor of the Shawnee Dispatch that appeared on line.

Let's see you excoriated Dave Myres for calling Justin Adrian out on his (Adrian's) political party affiliation.  Tsk, tsk, tsk.  One liberal democrat trying to shore up another liberal democrat.

Let's see now, in most cases one's political affiliations are usually good indications of how that person will act if they are elected to office.  True, the city council race is non-partisan, but that doesn't mean that once elected the individual's partisanship would not show through. 

Now, let's look at Mr. Adrian's background.  The thing that really causes me the most concern  is that he himself has stated that he was very proud to go to the Democratic National Convention as a Hillary Clinton delegate.  That was on his crowd funding page to get money to go to the convention. That's horrible.  I may not live in Ward 3, but when the council conducts business they conduct it for the entire city not just their ward.  Or do you need a refresher course in civics 101?  As a Vietnam vet there is no way that I would want a person who supported the Witch of Benghazi (pardon the misspelling) to sit on the city council.  We won't even talk at this time about the Uranium One deal or her many other anti-American actions.  And you want folks to support Adrian? Well, that is your right.  But don't expect his support of Clinton to go unreported.  Especially when his opponent (Dave Myres) is a decorated former army captain.

Oh, one other thing.  You seem to think that Dave Myres only sends out mailers.  Surprise, surprise.  He has walked the ward, extensively. 

A Marine's Letter to the NFL

This needs no further comment from me....................

Kansas Governmental Ethics Commission Replies Concerning Kenig Contributions

Reference is made to my previous post about Council member Brandon Kenig receiving $1000 in campaign contributions from lawyers associated with the firm and the firm itself representing the developers of the Westbrooke Green project.

I inquired of the State Governmental Ethics Commission as to the legality of this situation.

Here is their reply:

Dear Mr. Erlichman,

In reply to your letter inquiry, dated October 16, the Kansas Governmental Ethics Commission, regarding local governmental ethics laws, has no enforcement authority but may issue ethics opinions to local government officials and employees upon request to ensure that their conduct complies with the local ethics laws (K.S.A. 75-4303a).

Local government ethics laws (K.S.A. 75-4301a, et seq.) deal largely with requirements of local officials or employees to file statements of substantial interest. Pursuant to K.S.A. 75-4304, a local officer or employee may not participate in the making of a contract with the person or business in which the official or employee has a substantial interest. By omission, campaign contributions are not attributable to whether a “substantial interest” exits, as that term is defined (K.S.A 75-4301a). Technically, campaign contributions to a candidate are not a source of income, rather, campaign contributions are to the campaign, and reportable by the Kansas campaign finance act.

 For the above reasons, allegations in your letter do not suggest a violation of the local governmental ethics laws. However, the commission cannot provide a ruling (ethics opinion), which may be issued only to the local official or employee as noted.

Sincerely,

Mark Skoglund

Executive Director
Kansas Governmental Ethics Commission

So, it would appear that the contributions are technically OK.  IMHO, I still think they look real bad and will always wonder if those contributions consciously or subconsciously influences how Lame Duck Kenig conducts himself in the votes on the project.

Tony Noble's Recent Letter is Aggravating

I'm not going to beat around the bush.  Going to get right to what is bothering me, since I have, up to this point supported Tony Noble.

Tony Noble, candidate for the Ward 4 council seat out a letter recently.  I have read it and am not happy as there appear to be several misleading statements.  For brevity's sake I will not go item by item at this point in time.

But, there is one item that I will address now.  In his letter he says:  "Even the mayor decided her column in the city's taxpayer-funded newsletter was the place to make political statements."

Wow, is this political neophyte off base.  Who is he relying on for his input?  You can read the mayor's letter for yourself by following this link and then scrolling to page 2.  The mayor, like any good elected official prior to an election is:
1.  Suggesting folks do research on the candidates and not rely on just postcards
2.  She even suggests calling the candidates to discuss issues
3.  She points out how important it is to vote.

That is not political.  She made no comments as to the viability of any candidate. Basically, it was a generic "please do your civic duty and vote" column.  Something which I myself have advocated many times on this blog.

For Tony Noble to claim that that column was "making political statements" just shows that he does not understand that terminology.  Maybe his commentary would have been different if she had endorsed him.  Sour grapes?  Heck, she hasn't endorsed any candidates in this election.

Anyway, even though I have voiced a preference for Tony Noble in this election I must now change my position.  For various reasons I cannot support his opponent either.  Have never been in this position in a local race before.  I will probably end up writing in a candidate.  Heck, might even write myself in.........

Most importantly, I must apologize to those who have shown support for Noble based on my recommendations.  Even so, if you are one of those individuals, you may still find that he is your candidate of choice.  If so, that is the American way.  I just find his amateurish attempt to besmirch the mayor is reprehensible.  She has done more for this city than he can ever hope to do.

Kenig Gets Donations from Developer's Attorney/Law Firm

Brandon Kenig, the lame duck city council rep from Ward IV has been making various public comments that are favorable concerning the Westbrooke Green project at 75th and Quivira.

Well, we are not going to say whether we agree or disagree with his comments.  What we are going to say is that he has received various contributions to his campaign account from lawyers who work at the law firm that is representing the developer, to include a contribution from the firm itself.

First, let's look at this from the packet at the meeting of 10/9:

The project team for MP Westbrooke North, LLC consists of:

Principals: Joint venture of Mission Peak Capital and Extell Development Company –

primary contact is Patrick J. Ventola of Mission Peak Capital
Legal counsel: John Petersen, Polsinelli
Engineer: Brad Sonner, Olsson Associates
Architect: Clint Evans and Tim Homburg, NSPJ Architects

Now, let's look at these contributions which Kenig listed on his financial filings:

4/25/17  Polsinelli PC                                                  $250
5/1/17    Curt Peterson  Attorney at Polsinelli PC       $250
5/1/17    John Peterson  Attorney at Polsinelli PC       $250
7/20/17  John Petersen  Attorney at Polsinelli PC       $250

Considering that Kenig reported $6,225 in contributions that $1,000 is a pretty substantial amount, like about 16%.

Even though he is a lame duck council representative he will still be on the council for any actions on this project at the 11/13 and possibly 12/8 meetings.

All I can say is that I have a hard time with these donations, especially the ones from the firm itself and the attorney who is counsel for the developer.

Lindsey Constance - All Puff No Substance - Bad for Shawnee

Just received a mailer from Lindsey Constance who is running for city council in Ward 4 in Shawnee.
A copy of it is posted below.  Click on it to see a larger view.

Ms. Constance is all puff and absolutely no substance.  Read the piece for yourself.  Typical kumbayah sound bites.  Nowhere does she mention her position(s) on any recent or current actions before the council.

She just comes up with the usual liberal democratic socialist talking points.  This individual would be bad for Shawnee.  Actually, she'd be terrible for Shawnee.  We do know that she has received funding from the JoCo Democratic party machine.  Is she another Hillary Clinton disciple like Justin Adrian?

Remember the name and face below.If you like keeping your money in your wallet do not vote for her.

Aztec Theater - Social Media Run Amok

Wow, talk about a firestorm. 

At the last council session the plans for the reopening/financing of the Aztec theater came up.

Prior to that discussion Mayor Distler read a statement.  Apparently there was a video on line concerning this matter.  The video had in excess of 11,000 views.  But, there were some statements that were not factually correct.

One of the statements in the video was that the money the ownership was requesting from the city was a loan.  Simply put............not true.  It was a "give" from the economic development fund.  There were some claw back provisions (good for only five years).  One of the provisions, which were not part of the original plan involved what would happen if the new ownership sold the property within the first five years and how the city could/would recover funds.  Some of the other clawbacks were in case the entity shut down for a period of 6 months, but the city's recoupment was at a prorated basis.  The fact is, the money was not a loan.

One of the other items in the video was that the money for the theater was coming from the Nieman Now! project. Simply put, wrong.

There were other items that the mayor addressed.

One would think that folks would be happy that items that were misstatements of facts were corrected.  Instead social media has blown up to include among other things that the mayor was corrupt.  Allegations that the mayor shifted funds between accounts were really outrageous.  In our city the mayor cannot shift funds among accounts. 

Corrupt for stating the truth.  What a unique concept.

Council Candidate Matt Zimmerman - Naughty, Naughty

Having a "Meet and Greet" for a candidate is something that happens many, many times during election season.  They are great events for folks to visit and talk with a candidate.  Nothing wrong there.

Advertising for these events is important so folks can know about them.  Except when a notice about the event is taped to an NBU (Neighborhood Box Unit - that's a mail box).  If one checks with the USPS I believe they will find that it is a violation of Federal law to do this.  Now, granted, nobody was harmed, mail delivery wasn't interrupted, it's just an "in your face" type of thing.

See the image below, and click on it for a larger version.

Justin Adrian - Another Teacher Who Can't Read

Wow, what am I talking about?  It's really very easy to explain.

Let's start with  K.S.A. 75-4301a.  That is the state law that requires candidates to file a "Statement of Substantial Interest".  That's the form where a  candidate is required to list their source(s) of income, investments, etc for them and their spouse.

Well, seems like Mr. Adrian in his original filing failed to list the info for his spouse.  This information is important so as to preclude any possible conflicts of interest should a candidate get elected.

Well, apparently, after a complaint was filed, Mr. Adrian submitted an amended report where the required additional information was provided.  You can view both the original and the amended filings by starting here.  It should be noted that a candidate signs a statement at the end of the report acknowledging that intentionally filing a false report is a Class B misdemeanor.

Wait a minute.  Maybe I'm being unfair saying that he can't read.  Maybe that's not why the info was left off originally.  Maybe it was because as a former Hillary Clinton delegate to the DNC he thought he could be like her and selectively choose which laws to comply with.

With Positive Modifications Aztec Project Moves Forward

At the city council meeting tonight the Aztec Theater project moved forward, only after some modifications to the agreement.

Councilmembers Eric Jenkins and Stephanie Meyer were instrumental in getting some changes put into the agreement which would reduce the city's financial participation and protect that participation.

The city's investment is reduced by 50% and the ownership is to work to double their portion through other investors, community funding, and if needed their own resources.  There was a modification on how much the city would pay if the property was put up for sale so that the city would not be buying back its own share on a right of first refusal.  Additionally if that was not exercised, the city would receive its funding back if sold to another party (all within the first five years).  There will also be provisions placed into the agreement that would protect the city in case the ownership filed bankruptcy.

With the modifications that these two councilmembers got included the project is now, IMHO, a viable endeavor.

This now appears to be a project that all in Shawnee can be proud of.

Candidate Constance Gets Knuckles Rapped by Ethics Commission

Looks like Lindsey Constance failed to comply with state law regarding her web site and literature.

One would think that an award winning teacher would have done her research as to what was required.  Maybe she can take a remedial reading course?  Anyway, the ethics commission did just give her a slap on the wrist this time, and it appears she has corrected her web site.  What about her literature?  Is she distributing any without the appropriate notice?

Below is a copy of the Ethics Commission notice.  Click on it to see a larger image.

Lindsey Constance Borderline Hypocrisy

Wow, some of her statements on her Facebook page are amazing.  She's upset that her challenger, Tony Noble is bringing up party affiliation.  She's crying unfair because city council positions are supposed to be non-partisan. 

The positions are non-partisan (we have had Rs run against Rs and Ds run against Ds) but a person's party affiliation is usually a strong indicator of their philosophical background and how they would perform as a member of the council.  So, apparently she doesn't like the fact that her D background is being made an issue.  All she can do is come up with generic Kumbayah statements for her position.  You know, the feel good statements that D's are famous for.

Now you ask where is the hypocrisy?  It's on her election financial statements.  Is she going to return the contribution made by the JoCo Democratic Party?  I seriously doubt it.

Voters of Ward 4 in Shawnee would be, IMHO, smart to reject her candidacy.  Hey, that's me!!!!  I'm a Ward 4 voter.  Lindsey Constance..........I reject you.

Did Candidate Justin Adrian Violate State Law?

This is an interesting question. 

So, let's start with this.  In the July 5th, 2017 edition of the Shawnee Dispatch (click here) the paper states:  Adrian, a married high school history teacher, sees a lot of untapped potential in western Shawnee.

Candidates for office are required by K.S.A. 75-4301a to file a Statement of Substantial Interests.
This is basically a form so as to preclude any possible financial conflicts of interest.  There is a section on page 3 where a candidate is supposed to indicate the source of any income by a spouse for the preceding year.  There is a box to check if the candidate has nothing to report.  That box was checked.  You can click here to see alist of reports that he has filed  Then click on the "eyeballs" for the Statement of Substantial Interests dated 5/1/17.  I believe his spouse has been employed in the real estate field for the past three years or so.  Would be nice if this could be clarified and if his spouse did have an income in 2016 that he comply with state statutes.

Aztec Theater - Part 2

The more I review City Manager Gonzales' memo to the Members of the Governing Body concerning this, the angrier I get.

First, I hope you have read my post immediately preceding this one.

Now, let's look at this part of her statement:

The Aztec Theater will be owned and operated by the Aztec Group, LLC. The owners of this

company are Jeffrey Calkins, Christopher Calkins and Bruce Young. The owners are longtime
Shawnee business owners and residents with expertise in the areas of business, construction,
project management, administration, arts, marketing, and public relations. All three owners were
patrons of the original Aztec Theater.
Jeffrey and Christopher have both operated successful business ventures, including Calkins
Electric Supply Company, are members of the Shawnee Chamber of Commerce, and their family
has been part of the downtown Shawnee business area for over 60 years. Both are active members
of the Shawnee Downtown Business Association.

Bruce Young has operated a successful flooring business for 41 years and has experience in sales,

marketing, accounting, and construction projects. Bruce also has experience in music performance

and is very active in the local blues and jazz scene.

 

Now keep in mind that these three are investing a total of $100,000 are getting a loan for $150,000 and then want the city to kick in $500,000 (taxpayer money)

This is absurd.  What it breaks down to is $33,000 for each of them.  It would appear, that based on their bios as submitted by Gonzales, that that amount of money is chump change for these gentlemen.

This is what they need to do.  Invest $150,000 each, get their loan for $150,000 and then either find another investor for the remaining $150,000 or sell stock to additional investors.  There apparently isn't enough time so set up a 501(c)(3) for a "Friends of.............."

These long time, successful businessmen should be able to pull this off without hitting the taxpayers for any part of it.

When the economic development fund was created I heard some folks wonder if this was going to become a "slush fund" for the city manager.  Has that happened?  Is she attempting to ingratiate herself with the business community at the expense of the taxpayers.

Read my other post below, and then combine the thoughts.