Council Kills Prop 16 - As Required By Its Rules - When Will Prop 15 Be Killed?

Council Rules clearly state that any proposal that has been tabled for 6 months SHALL be removed from the pending list and by that means, declared dead.

from section 151-30 of the Revised Municipal Code:

If a proposal is tabled by a committee and no action is taken to remove it from the table or to reassign it during a period of six (6) months, the proposal shall be deemed postponed indefinitely and shall be removed from the calendar of pending proposals.

As noted previously on this blog, on February 6, 2012, the Metropolitan & Economic Development committee of the Council tabled both Prop 15 and Prop 16.  Prop 15 deals with two expansions of the consolidated downtown TIF.  Prop 16 deals with an expansion of the Fall Creek TIF.

The 6 months clock stopped ticking on August 6.

Now, a review of the proposals pending before the Council show that Prop 16 has been removed and is dead.

Prop 15 qualifies for the same treatment, yet there is a public hearing scheduled before the full Council on it Monday night.

The wording of the Council rule leaves no wiggle room.  It leaves no nuanced decision making.  It clearly says "the proposal SHALL be deemed postponed indefinitely and SHALL be removed from the calendar of pending proposals".

Prop 15 MUST be removed from consideration of the Council.  If desired, it can be reintroduced under a different proposal number.  But the Council rules are clear - and they know it.

Prop 15 Up For Public Hearing Monday Night

In a very unusual move for a non-fiscal ordinance, the Council agenda for Monday night includes a public hearing regarding Prop 15 - the expansion of the consolidated downtown TIF district.

This is the proposal for which we know little beyond the foot print for the 112 acre expansion to the east and the 614 acre expansion to the west and a deal worked out behind closed doors between Deron Kintner and Vop Osili.

This is the proposal that should, by Council rules, be dead on arrival because it was tabled for more than 6 months.

This is the proposal the was not legally amended at the committee level, yet passed out of committee 'as amended.

So, dear public, you have the weekend to prep your comments.  7:00 pm in the public assembly room of the City-County building.  Expect the usual suspects to be rounded up to speak on behalf of this very expensive pig in a poke.

By the way - yet another TIF is being introduced Monday night. 

Council Rules Demand Props 15 and 16 Be Declared Dead

A review of City-County Council rules found a nugget that demands that Props 15 and 16 be declared dead.

from section 151-30 of the Revised Municipal Code:

 If a proposal is tabled by a committee and no action is taken to remove it from the table or to reassign it during a period of six (6) months, the proposal shall be deemed postponed indefinitely and shall be removed from the calendar of pending proposals.
 

Both Proposal 15 and 16 deal with expansions of existing TIF districts; the consolidated downtown TIF and the Fall Creek TIF, respectively.  Both were tabled at the February 6, 2012, meeting of the Metropolitan & Economic Development committee of the Council.  That started the clock ticking.  Six months from that date occurred on August 6, 2012.  These proposals are dead and must be reintroduced in order to be considered.  Reintroduction would send them to committee where proper (both legal and ethical) notice could be made to the public and real input from the public could be given.

Council Committee Followed Improper Procedure In Pushing TIF Expansion Out the Door

Recently fellow blogger Fred McCarthy, over at Indy Tax Dollars, made a startling discovery regarding the outrageous meeting conducted by members of the Council's Metropolitan & Economic Development committee back on August 27.  McCarthy noted that the committee failed to properly vote on amending Prop 15 before voting to move it to the full Council with a 'do-pass' recommendation (see "Haste Makes Waste").

I just watched the ad hoc extension of the committee meeting and followed closely what motions were made and voted on.  (See "WCTY Archive For Metro Devel Committee" to view this section of the meeting for yourself.)

McCarthy is right.

It is surprising, given Councillor Adams lengthy tenure on the Council, that she would goof this up, but she did.

Here are the series of motions and votes.

0:26 -- Chairman Talley adjourns the meeting.

1:56 -- Councillor Osili moves to take Prop 15 off the table.  Adams seconds.  Cain 'thirds'.

Talley does not recognize Osili's motion.

4:40 -- Adams takes control of the meeting by consent.

5:00 -- Osili again moves to take Prop 15 off the table.

5:48 --  Osili reads full text of Prop 15 with amended parts.

No motion to amend is made.  No second to amend is made.

11:59 -- Councillor Robinson moves for recess.  Adams does 'not entertain at this time'.

12:30 -- Adams say incorrectly that the proposal as amended has been moved and seconded.

13:00 -- vote is taken to move Proposal 15 off the table.

Adams follows vote to take off the table with erroneous statement that the matter is "before us as amended".

19:20 -- Adams says they "need to take a vote on the amendment"

no vote is taken

20:05 -- Adams says, erroneously, that they have amended version of Prop 15 before them.

20:20 -- Adams says she will take a vote on Proposal 15 "as amended" - voice vote, not sure if Robinson in the room.

20:38 -- Councillor Adamson explains his vote, Osili thanks him for his assistance.  It should be noted that if Adamson had not remained in the meeting, and left with Talley and Robinson (who came and went during the ad hoc portion), there would not have been a quorum of the members and no doubt that the meeting could not continue.

22:50 -- Cain makes a motion to move Prop 15 as amended to the full Council with a do pass recommendation.  Cannot hear a second on the video.  Vote proceeds again with a 5-1 outcome (Osili, Adamson, Adams, Cain and Miller yes -- Robinson no).

There is never a motion to amend Prop 15.  There is never a second to amend Prop 15.  There is never a vote to amend Prop 15.

The five yes voting members of this committee clearly do not value public notification that a hot topic will be considered by the committee and therefore real opportunity for public input.  There likely will be protests of this characterization, but when push and shove came together, they acted without public input and were fine with it.

Council rules do not require public input in this type of ordinance, unfortunately.  But, Council rules do require proper motions, seconds, and votes to amend.  If the full Council is not interested in sending Prop 15 back to committee because of lack of public notification and input, then they surely must send it back due to improper Council procedure. 

Kudos to Fred McCarthy for bringing this to light.

Confirmed - Plambeck Out at DMD

Today's IndyStar confirms in its general news sidebar, and now online in a story by Jon Murray, that Maury Plambeck is out as Director of DMD and being replaced by Adam Thies.  The item mentions that Thies' salary will be more than either Plambeck or the Mayor make, weighing in at $110,000.  No mention about the apparent conflict of interest in owning a company making money off contracts that you would now sign as head of DMD.

The piece also mentions that Plambeck will "direct the next round of RebuildIndy projects".  The LISC connection and the $100 million donation to that group from Rebuild Indy funds (aka profits from the sale of the water and sewer utilities) has not been confirmed as of yet by the Mayor's office.

From Murray's reporting:

Plambeck will direct the next round of RebuildIndy projects, the mayor said. Details of his new role -- including whether he will continue to work directly for the city -- are still being worked out, [Mayor's spokesman] Lotter said. 

An alert reader reminded me of the already sweet deal LISC got when $1.3 million of Rebuild Indy money went to refurbish the west wing of City Market so that LISC could set its office close by the City-County Building.  Not that they do any lobbying in that structure; for if they did they surely would have registered with the City as a lobbyist group.

I would also remind readers of the IBJ, that Bill Taft, Director of the  LISC chapter here in Indy, wrote a pro-TIF editorial for the paper back in August.  Looks like LISC is shaping up to be molded into an IDI-type lap dog, showing up on cue to speak in favor of anything the Mayor wants the group to speak in favor of in exchange for a little sugar.

Stay tuned.

? Plambeck Out At DMD ?

Rumors are circulating pretty hard in neighborhood circles that Maury Plambeck is out as Director of the Department of Metropolitan Development and that Adam Theis, a City contractor for planning, will be named to replace him.  Don't feel sad for Plambeck, though.  The rumor goes on that he will be named head of a new Local Initiatives Support Corporation (LISC) sub-group that will be funded with $100 million from the Rebuild Indy money (profit from the sale of the water and sewer utilities for those playing along at home).  LISC pays enormous salaries, so Plambeck should be fine.

Here's what I've been able to round up on the internet about the organizations involved.

Theis is currently President of Eden Collaborative, aka Eden Land and Design.  Their website lists a couple of local projects that they consulted on - two at Fort Benjamin Harrison, one for the superbowl legacy project at St. Clair Place, and one for 'transit oriented development' planning for the Metropolitan Planning Organization - part of DMD.  While the website seems to be saying they were a client of DMD for the St. Clair Place project, I could not locate the contract in the City's contract database.  I did, however, find two contracts between DMD and Eden Land and Design. 

Contract 7886 was for $29,040, signed in June, 2010, and expected to run between 6 months and one year.  Its purpose was to create a grant application for the Federal Sustainable Communities Planning Grant Program.

Contract 9009 was initially for $250,000, signed in May, 2011, and expected to run through December, 2012.  In May, 2012, this contract was extended to December, 2013, and had its contract limit increased to $450,000.  The purpose of this contract, in part, was to help determine a good location for an IndyGo transit hub and to aid in planning for transit station locations in various parts of Indy.

LISC is a national not for profit organization that, according to its IRS filings, has as its mission to "assist community residents throughout urban and rural areas of the United States to transform distressed neighborhoods into healthy and sustainable communities".  Their 2010 tax filing listed revenues of $101.7 million and expenses of $110.9 million.  They had an increase in assets of $52.1 million for a total of $443.5 million.  They provided grants to a number of Indianapolis organizations in 2010 - by my total $1.3 million.  While almost all recipients were CDCs, there were two exceptions.   The Children's Museum got $45,000 and, my favorite neighborhood organization (oh the irony) Indianapolis Downtown Inc got $43,875.

LISC lists several pages of key personnel who receive over $100,000 in compensation.  Those listed range from a stunning take home of $599,460 for Joseph Hagan, Senior Vice President, to only $443,442 for Michael Rubinger, President.  The lowest salary of the copious number of Vice Presidents was listed at $136,451 for Kenneth Patrick Maher.  I guess Maher needs to step it up.

Although they list Indiana as a State in which they lobby, there is no listing in the City's lobbyist database for LISC.

The City's budget figures show the Rebuild Indy fund with a June 30, 2012, cash balance of $188,732,284 and an expected December 31, 2012, fund balance of $88,006,647 - or $100 million spent in the last half of 2012.

Stay tuned.

Judge's Ruling Clears Way for Fast Park Facility in Ameriplex

On August 29, Superior Court Judge Michael Keele ruled against the Indianapolis Airport Authority's lawsuit that claimed the Metropolitan Development Commission lacked the authority to modify the land use plan for Ameriplex.  This ruling was unequivocal, ceding no iota of the IAA's arguments as holding legal water.

I uploaded the opinions to Google Docs (here and here)

By ruling against the Airport, Judge Keele has cleared the way for the construction (FINALLY) of the Fast Park facility that was the basis of the MDC's decision way back in February (see "Yesterday's Zoning Case - Its About Far More Than a Parking Facility").

The Fast Park has seen it's entry into the Indianapolis market greeted with legal maneuvers against it by Airport parking facilities who simple did not want Fast Park's competition.  First, Indy Park Ride & Fly over in Plainfield, hired attorney Brian Tuohy to try to shut down Ameriplex's land use petitions filed with the MDC.  The MDC's approval, by an overwhelming vote of 6-2, should have been the end of it.  But, by this time Tuohy had landed a client with even deeper pockets - the Indianapolis Airport.  They filed this lawsuit in March and we finally have a decision, reaffirming the February decision of the MDC and its authority to render that decision.

This is great news for Decatur Township.  I outlined in a five part series how the Fast Park facility will provide us with property taxes outside of the TIF district that consumes most of Ameriplex and will divert tax revenues until at least 2023.  (see "The 800 Pound Gorilla - Indianapolis Airport", "Decatur Township", "Ameriplex", and "Fast Park Project")

It is also great news for those who think the Airport should not use its unlimited resource of other people's money to squelch competition.  Its not even like it's hurting for money and needs the parking revenues from its own operations (see "Mike Wells, Indy Airport Board President, Misled Press and Public on Airport Finances").

Ultimately, it is great news for central Indiana residents who can use another option when deciding where to park their cars when on a flight out of town.  Yelp reviews of the Fast Park operation, in other cities where it is located, give it an average of 4.5 stars out of 5 for 652 reviews.

And last but not least, it must be noted that the Fast Park & Relax facility will be green - with canopies over every parking spot to protect the cars as well as reduce the heat island effect and for solar panels to be affixed to the top.  They capture and use rain water for irrigating their landscaping.  They will have electric charging stations for folks with those kinds of cars.  And, they will help show the way for local businesses to adopt a green approach while still building a business that works.  For, if a parking facility can do it, everyone can.

Its been a long road to reach this victory.  But, we have.  Now, time to celebrate !!!