Huston, We Have a Problem - and NIPSCO is NOT it.

Once again the LaPorte County Commissioners have demonstrated that they are not qualified to govern a high school class much less a real county with 110,000 real lives in it.

It is a given fact that just about everybody thinks they are paying way too much for gas and electric.  It certainly doesn’t take much political skill to get people riled up when somebody starts kicking NIPSCO in the shins.  So in yet another brilliant political smokescreen designed to distract LaPorte County Taxpayers while generating more billable hours for the County Attorney, the Commissioners have given him the go ahead to blow smoke from NIPSCO’s upcoming rate increase. Even though the News-Dispatch reports that County Attorney Friedman said it is unknown what kind of increase the energy company is seeking until it files information in August.

 http://thenewsdispatch.com/main.asp?SectionID=1&SubSectionID=1&ArticleID=15966 

Positively brilliant political pandering! Nothing like waiting to get all the facts before you announce that you are going to waste more of somebody’s money doing stuff you really shouldn’t be doing in the first place. But please keep in mind this is the same Commissioner Dream Team that has been yanking LaPorte County property taxpayers around for over a year and still can’t get it right even after being roughed up by the DLGF.

Let’s cut the bullshit.  As a small business owner who understands real economic development, I can assure the Commissioners and County Attorney Friedman that the disaster that they have created with their property tax mess is a FAR, FAR greater detriment to LaPorte County’s ability to attract new business than NIPSCO’s first rate increase case since 1987 will be. For the last twenty years, I have spent my life helping businesses to save energy in their buildings.  I know firsthand that smart businesses can save tremendous amounts of energy and improve their bottom line through sensible engineering choices.  But unfortunately, business has absolutely no such similar option for the screwed up property tax reassessment system inflicted on them by state legislators and incompetent electeds.  Ladies and gentlemen, if you truly want to understand why we have economic problems, please focus your attention on the three ring circus of local, state and federal government, not NIPSCO. 

But what is truly rich about the Commissioners quicksand stand against NIPSCO’s upcoming rate case is that at this very same meeting, they voted to sharply raise the fees for tests provided by the LaPorte County Health Department. Those sharp increases  included doubling the fee for blood profiles for county employees.  They also announced that the Health Department will start testing for chicken pox at $170 a pop.  Chicken pox!! Hello Forest, meet the Trees.

Personally, I think it is amazingly hypocritical for the Commissioners to hike the county  fees for basic health testing at the very same meeting they present the political illusion of fighting NIPSCO. But of course that is just my opinion.  Voters certainly will have an opportunity to give their own opinion in a few weeks.

Vote for more of the same, get more of the same.

Gamed by the State

Governor Daniels has had plenty of boneheaded ideas over the last four years but the conceptual idea of getting the State out of the lottery business is NOT one of those.  State government often demonstrates an uncanny ability to screw up a two car parade and apparently it has just done so again with the Hoosier Lottery Scratch-off games.

Seems as though some shrewd attorneys have figured out that selling scratch-off tickets after the big prize is gone amounts to some sort of fraudulent practice.  At first glance, it certainly does not seem right that thousands of Hoosiers are plunking down their cash every week to take a chance on a prize that they have ZERO chance of winning.  Acutely aware of the election year consequences of what could happen once people figure out they have again been scammed by both Old Parties, Hoosier Lottery officials have quickly announced that retailers must immediately remove the tickets for any game in which the top prize has been won.  

http://www.indystar.com/apps/pbcs.dll/article?AID=/20080712/LOCAL18/807120434 

On the surface, pulling the tickets certainly seems like the right thing to do, but if you scratch just beneath the surface, there is a big problem with what state officials have just done.  Depending on when the ”big prize” is won, I think that pulling the plug on a game that just got started probably could result in the state actually LOSING money on a scratch-off  game.  There are obviously significant initial costs to the state to start-up, advertise, administer and pay prizes for a new scratch-off game.  But unlike small business owners who understand the concept of the “break-even” point, apparently break-even is not a worry for state officials.

Years ago, taxpayers were led to believe that the lottery was a cash cow that was going to make money that could be used for noble government purposes (like education). But if the state starts pulling scratch-off games and losing taxpayers’ money, it doesn’t take either a rocket scientist or a CPA to see the fundamental problem with a state-run scratch-off.  And forcing Hoosiers who are morally opposed to any gambling to pay higher sales tax, income tax or property taxes to cover the state’s losses is just flat out wrong.  That is a really bad bet that no overburdened taxpayer should be forced to take.

  Game over.

Thank You Thomas Jefferson, Samuel Adams, John Hancock, …!

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn that mankind are more disposed to suffer, while evils are sufferable than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.

http://www.ushistory.org/Declaration/document/index.htm 

Happy Independence Day!

And thank you to the men and women who had the guts, the courage, and the vision to make this great country possible. 

INSANITY!

If Einstein was correct that insanity is doing the same thing over and over again and expecting a different result, then more than a few folks have probably  noticed that Commissioners Hager and Huston apparently have both lost their minds.

http://thenewsdispatch.com/main.asp?SectionID=1&SubSectionID=1&ArticleID=15321&TM=20847.01

Of course in a county that has perfected the art of Punch 10 (now Push 10 Paperless) voting, local taxpayers already know that senseless insanity is the new reality when it comes to local government.

Local attorney Mark Phillips nailed the root of the current property tax reassessment problem. The News-Dispatch reported- 


“This is just government at its worst,” he said. “The taxpayers of La Porte County had a contract shoved down their throats with no bid and no opportunity to be heard. What harm can that be for a government body to hear what taxpayers had to say?”

Less than two years ago, voters finally came to their senses long enough to boot an incumbent and take a shot with Mike Bohacek as the new commissioner.  In my opinion, Mr. Bohacek has pretty much established himself to be the lone voice for reason and common sense on the commission.  Abused Taxpayers can only hope that come November, enough clear thinking voters will head for the polls so the LaPorte County Commissioners may once again have a sensible majority who are looking out for the rights and best interests of the citizens they are supposed to serve instead of acting like the self-serving, two-bit political hacks we have come to expect.

The Grand Illusion - Buck Passing 101

Over the last several months, LaPorte County has been treated to an ongoing three-ring circus starring the County Assessor, the County Attorney, the DLGF and an appeals cast of thousands.  But just when you think that The Appointeds actually get one right and you start to enjoy the show, it morphs right back to the old classic “Why Government Doesn’t Work.”  Like poor, trusting Charlie Brown who always has the football pulled away by Lucy at the last second, it appears DLGF Commissioner Musgrave just yanked the property tax ball away from LaPorte County Taxpayers. 

According to the News-Dispatch, http://thenewsdispatch.com/main.asp?SectionID=1&SubSectionID=1&ArticleID=15008&TM=24362.09 Musgrave Musgrave said “Seven county council members, three commissioners, and the assessor share this responsibility through their collective decision making,” … “County officials have the opportunity and the responsibility to resolve issues with the vendor, or exercise the ‘termination’ clause in the contract.”

Classical political buck-passing at its finest.  While most Libertarians probably have a preference for local government that is closer to the people than either the state or federal government, state government and the DLGF share an equal responsibility with our Local Electeds to fix this flaming mess.  But apparently Ms. Musgrave has already forgotten those 11 people she noted in LaPorte County government have repeatedly demonstrated total incompetence in getting this resolved and some pretty lousy decision making ability.  The DLGF should do the job it is supposed to do and make damn sure this gets fixed right. Fundamental constitutional rights need to be protected but unfortunately, We The Taxpaying Hoosier People pretty much had our fix-it tools stolen while we were napping.  Punch 10 driven paperless elections every four years certainly aren’t much of a tool against Goliath anymore. 

State legislators and the DLGF have created the laws and Alice-in-Wonderland rules that the heavily flawed reassessment was conducted under.  But like the Local Electeds,  Nexus is just another bit player who helps Alice move the shells, distracts the Taxpayer, and collects a substantial  check for doing it.  But taxpayers, please don’t be fooled again - the real constitutional power to fix the reassessment problem lies with the state legislators, not the County Commissioners, the County Council,  the County Assessor or the hired consultants who have been retained to take the heat.  It is up to them to face flawed reassessment reality and come up with a genuine long term fix instead of the smoke and mirrors legislation they passed last session.

Over the years I have had a number of discussions with friends (and foes) about the property tax system.  I have long advocated a simple “flat tax” type user fee approach on land and structures to fund basic local government services.  I believe that “Non-profits” (i.e.Hospitals, Churches, Lodges, etc) who own land and buildings that use local government services should also pay their fair share.  For far too long, the burden for government services has been excessively and unfairly put on homeowners, renters and small business - that must end.   I  believe a flat tax approach could clearly meet the “uniform and equal” requirement of Indiana’s Constitution and would totally eliminate the need for costly “reassessment” of any type.  The taxpayers’ money could be much better spent on roads, police, fire or other basic services instead of being wasted on highly paid consultants and their legal guns. And elected bad jokes like Assessor McDaniel wouldn’t be asking the Council for an additional $390,000 of our money to cover her little problem and put a few more pounds on Goliath.

Most of my Libertarian friends have come to believe that the property tax system needs to be yanked out by the roots and replaced with nothing.  After watching the DLGF vs LaPorte County game for the last few weeks, I think I am willing to concede that they are probably right.

Why Indiana Needs Recall Elections

LaPorte County has some truly dedicated public servants who always are giving it their best.  Last week, I heard LaPorte County Treasurer Ken Layton on WCOE discussing the property tax mess and doing his level best to try to help citizens better understand what is going on. A few months back, I also saw Mr. Layton along with County Auditor Teresa Shuter on ALCO TV doing a similar type of informative program to help inform and educate citizens.  On the few occasions that I have had to do business with an office that Mr. Layton headed, he has always been a model of how a public official should respond - open, upfront, professional, and courteous - something I have noticed that doesn’t always happen when Libertarians start asking questions. His public comments always seem to be the same way and I believe LaPorte County has been very well served by Mr. Layton for many years. On the other hand, some elected officials always seem to put politics ahead of performance.  In my opinion, LaPorte County Assessor Carol McDaniel’s latest attack on Bill Wendt and his team is yet another prime example of what is wrong with Punch 10 driven LaPorte County Government.  http://thenewsdispatch.com/main.asp?SectionID=1&SubSectionID=1&ArticleID=14641&TM=24850.9  Assessor McDaniels has become the Indiana State Poster Child for how NOT to do a property tax reassessment.  But instead of simply and properly doing the job she was elected to do, she continues to waste taxpayers’ money with yet another politically motivated smokescreen that uses the tired old class-warfare game that brings out the worst instead of the best. Perhaps a little more time spent on fixing the Property Tax Superfund Site and a little less time spent writing political press releases attacking concerned local citizens might be a good idea - and a lot better use of our hard-earned tax money.Indiana state legislators need to give citizens the right to recall abusive and incompetent elected officials. Mix in some well deserved recalls with a couple of referendums and a lot of political smokescreens just might get blown away real fast. 

Two in a Row

When it comes to taxing and spending decisions, LaPorte County Taxpayers don’t usually get to see our government make two good decisions in a row.  But thanks to a little help from the DLGF, elected and appointed officials have actually put together back-to-back good decisions for LaPorte County. First, the DLGF ordered the reassessment of all residential, commercial, and industrial property in LaPorte County  http://www.in.gov/dlgf/files/NewsRelease-DLGForders-LaPorteCountytoReassessForPay2007.pdf  With the advantage of 20/20 hindsight, I think that the DLGF made some major mistakes that helped create the current mess that LaPorte County has now.  But massive amounts of new information has come to their attention over the last few months, thanks to the efforts of Bill Wendt and the team of professionals he put together. With their most recent decision for reassessment, the DLGF has clearly dealt with those past mistakes head-on and made a gut-wrenching decision to do the best that they can now to make it as right as possible. Personally, I think Commissioner Musgrave should be commended for doing a good job within the confines of the horrible property tax assessment system our legislators have created over many, many years.  Thankfully, some local officials also seem to have come to understand that this decision really is the only fair thing to do and appear willing to get on with it without further bitching and moaning.  I believe that is what they were elected to do and they should now be going full bore to get this mess fixed as quickly, accurately, and cost-effectively as possible.

Secondly, just this week, a majority of the LaPorte County Commissioners finally decided to kick Nexus out of bed and bring in another firm to assist with the newly ordered property tax reassessment   http://thenewsdispatch.com/main.asp?SectionID=1&SubSectionID=1&ArticleID=14281&TM=10458.47  It certainly is long past time for a “fresh pair of eyes” and a careful re-examination of what has happened.  Some folks, (elected, appointed, and contracted) need to be held accountable and I think the only way that is going to happen is by bringing in a new crew to help sort it all out.

Commissioner Mike Bohacek has consistently been trying to do the right thing and get to the bottom of this mess.  In my opinion, I believe he is also right on track with looking into a potential breach of contract action and recovery of fees from Nexus. There is simply no way that the hard working taxpayers of LaPorte County should have to pay for cleaning up the Property Tax Superfund Site that the County Assessor has left us with.

As a LaPorte County Property Taxpayer, I find it pretty outrageous that we apparently have been paying not only for the County Attorney to fight, but apparently we have also been billed by Nexus as well - gotta love those kind of special contracts.   While Bill Wendt and property taxpayers who have filed appeals have been paying for those efforts out of their own pockets, Taxpayers apparently have also had to foot the bill for some Nexus time and legal costs as well.  Have we also had to pay expenses and costs to bring in expert consultants to testify against us at the DLGF hearings as well?  Since LaPorte County loves to hire consultants, the LaPorte County Council should now hire another one to provide LaPorte County Taxpayers with a complete accounting and full disclosure of exactly how much of our tax money has been wasted on this fiasco.  If ever there is a case to justify some “loser pays”  tort reform legislation, this mess should be near the top of the list.

But with the disclosure that at least one “erroneous payment” was made, the thing that really boils the blood in my Libertarian veins is the way that attempts have been made to bully and intimidate some outspoken critics with legal action.  If LaPorte County Taxpayers have made any sort of payments that in any way, shape, or form have been used to pay for legal fees designed to intimidate and infringe on First Amendment or other fundamental rights of local citizens, then I believe we should demand our elected officials help pursue a just and proper remedy for those citizens.  Perhaps United States Code Title 18, Chapter 13 http://www.law.cornell.edu/uscode/html/uscode18/usc_sup_01_18_10_I_20_13.html might be a good place to start.      

Sensibly Spending my Stimulus

If I tried to get people to like me a little better by sending them “rebate” checks using money that I did not have in my bank account but could only get by forcibly taking it from someone else (aka theft), it probably wouldn’t be very long till Sheriff Mollenhauer and Prosecutor Beckman sent out a few of their guys to bring me in for a little chat.

But somehow, when our esteemed politicians do exactly that same thing and give it a fancy name like “Economic Stimulus Payment” nobody seems to notice that Big Gov is spending money that it doesn’t have either.  And the only way that they can get it is by forcibly taking it either directly in the form of increased taxation or indirectly by printing more inflation stressed dollars that cause $4 gallon gas and struggling families to pay more and more for less and less.

In the spirit of economic good sportsmanship, President “W” and his Congressional Cohorts who gave birth to the Economic Stimulus Act of 2008, should be thrilled to hear that I have just received and quickly spent my “Economic Stimulus Payment” - every last cent of it.  To get the biggest bang for my stimulated buck, I just invested it with some guy named Bob Barr 08 http://www.bobbarr2008.com/, and Libertarian Partiers in Washington D.C. www.lp.org , Indianapolis www.lpin.org, and LaPorte County www.lplp.org .

Let the good times roll!

  

Where Have All the Leaders Gone?

Just last year, Lee Iaccoa released his book titled “Where Have All the Leaders Gone? ”  http://www.snopes.com/politics/soapbox/iacocca.asp  Well I hope Mr. Iaccoa was tuned into C-Span yesterday because he just might have discovered where some of them are now - they are in the Libertarian Party.

People who tuned into C-Span yesterday had an opportunity to see what a genuinely real political convention actually looks like instead of the made-for-TV gimmicks that the Old Parties will be dishing up when they officially coronate their respective candidates in a couple of months. For those looking for a return to a Constitutional-based government and a sensible alternative to the Old Party offerings, the Libertarian Party just served up a heaping good plate-full.

Although folks didn’t get a chance to read much about it in the mainstream media, the Libertarian Party had several great candidates running for President this year including former Republican Congressman Bob Barr, former Democratic Senator Mike Gravel, Dr. Mary Ruwart,  and an incredibly well qualified guy named Wayne Allen Root http://www.rootforamerica.com/home/bio.php

After 6 very close ballots, delegates to the Libertarian Party National Convention slated Bob Barr for President and Wayne Root for Vice President.  It is a highly qualified, no bullshit ticket and as a 12 year card carrying member of the Libertarian Party, I have never been more proud of my party of choice than I was yesterday afternoon.

Going forward, I think that future historians just might mark 2008 as a key turning point in America’s history. Congressman Ron Paul has jarred the Republican Party to what is left of its very core by running on small “l”  libertarian principles.  His spirited and principled campaign has demonstrated that although many in America are hungry for the type of leadership that President Ron Paul would offer, they certainly will not get it from either of the Old Parties.  However, with the selection of  seriously qualified candidates to deliver  a deadly serious message, the Libertarian Party has truly come of age.  This weekend, as we honor those who have fought and died for the freedom we enjoy today, the Libertarian Party has clearly demonstrated its committment to fighting to preserve those freedoms and more for those who will come in the future. 

Lee Iacocca knows that Americans will not always continue to buy defective and overpriced cars simply because they have always bought “American”  When confronted with the stark reality of choosing between Big Government Democratic Liberal Obama or Big Government Republican Conservative(-in-name-only) McCain this fall, many Americans will be looking for a better place to invest their vote.  And like millions of smart car shoppers already have, they just might figure out that Bob Barr, Wayne Root and the Libertarian Party offer them a much better value than either of the Overpriced Old Parties ever will. 

   

         

For the Record

Today is the last day that LaPorte County Taxpayers can submit comments for DLGF consideration about the LaPorte County reassessment disaster.  Those comments can be submitted to Laportereassessment@dlgf.in.gov and I would encourage LaPorte County Citizens to exercise their most fundamental right to petition their government for redress of grievances if they have not already done so.  Those who would like to be a bit better informed about the LaPorte County Reassessment problem as well as some inherent flaws in Indiana’s “fair market” property tax assessment may want to spend a little time watching the DLGF hearing that was held in LaPorte County last Thursday (May 15th) http://www.alco.org/alcotv.html

My two cents worth for the public record that have been sent to DLGF Commissioner Musgrave -

Dear Ms. Musgrave,

Thank you for your ongoing efforts to straighten out the reassessment mess in LaPorte County. Although I was not able to attend the most recent DLGF hearing in LaPorte County to personally comment, I have watched the meeting on the ALCO-TV website.  I have appreciated the way the DLGF has conducted the hearings in LaPorte County as well as the materials that have been made available to the public on the DLGF website. I also greatly appreciate your recent oversight review of the contract that was executed between Nexus and LaPorte County.  As a fed-up LaPorte County Taxpayer who feels “waterboarded” by the LaPorte County Assessor, the County Attorney, and consultants retained by the LaPorte County Commissioners, I would strongly encourage the DLGF to order the total reassessment of LaPorte County.

Personally, I am a homeowner and small business owner in Noble Township.  At the previous DLGF Hearing, I submitted a copy of the property tax appeal that my attorney has filed with the LaPorte County Assessor for my home at 2702 W. 950 S. in Union Mills. Mann-Whitney/statistical analysis stuff aside, as a reasonable man, I believe that there is a 100% probability that sales chasing has taken place with my property tax reassessment.   The next-door residential property at 2652 W 950 S. in Union Mills which was not sold until 7/7/06 had the 2006 AV adjusted to $67,700 from a 2005 AV of $56,400. That represents an increase of 20.0%.  However my similar residential property located at 2702 W.  950 S. which was purchased  on 10/20/05 had the 2006 AV adjusted to $149,200 from the 2005 AV of $78,600.  That is an increase of 89.8%.  While I am assessed at 93.8% of the sale price, the property next-door is assessed at only 42.3% of the sale price that occurred just 6 months later. That certainly does not meet any reasonable standard of uniform and equal.

According to the “Tab E” material available at http://www.in.gov/dlgf/2577.htm “Sales Chasing -Unless similar unsold parcels are reappraised at the same level as sold parcels, sales chasing causes inequitable treatment of taxpayers by shifting the burden to taxpayers who have recently purchased property”

In the cases of many LaPorte County Taxpayers who are victims of sales chasing, absolutely no relief from that inequitable treatment will be available from the PTBOA appeals process. Only a correct reassessment of ALL improperly valued other property can remedy that unequal tax burden.  With the obvious problems in the reassessment process in LaPorte County, I believe the only way for property taxpayers to have the uniform and equal assessment required by Indiana’s Constitution is for the DLGF to order the total reassessment of LaPorte County.  In order to restore some degree of public faith in the property tax assessment process for LaPorte County, I would respectfully urge you to order that action without any further delay.

Thank you for your consideration of my opinion.

Greg Kelver
2702 W. 950 S.
Union Mills, IN  46382
(219) 324-4229