6. August 2008 by Greg Kelver.

Tonight I will be gathering with some other liberty oriented folks at Stimley’s Town and Country Bar in Michgan City for the annual LPLP  Sam Adams Kickoff.  One of the topics that likely will be discussed is the current attempt by some nanny-staters on the Michigan City Council to enact a  smoking ban.  A ban  that will further strip away the basic property rights of the small business owners who operate bars and restaurants inside the city limits of Michigan City.

Smoking is bad- everybody gets it.  But lost in the heated arguments between rude smokers and the busybody anti-smokers is the fact that the smoking ban debate is NOT about the rights of either smokers OR non-smokers. They both have the right to take their money and spend it where they choose at a dining etablishment that best meets their needs.  But the real debate IS about the fundamental property rights of small business owners. 

Small business owners take risks and work hard to run a successful business.  It is both their right and their responsibility to provide an environment that best serves the needs of their customers, not a handful of electeds on the Michigan City Council.   

As usual, the first thing lost in the political battle is basic common sense. But there is a truly simple and effective solution that does not require any involvement by government at any level.  Restaurants, bars, and other private businesses  can simply post a sign on the front door that indicates if smoking is allowed or not.

Smoking Advisory Sign 

Customers can then decide before they ever open the door whether they want to spend their money there or at someplace else that will happily provide the type of dining environment they are looking for.

If any private, for-profit small business would like a “Smoking Advisory” label for their business, please drop me an e-mail at gregkelver@sensiblealternative.org and I will be happy to drop one off to help you better serve your customers. 

Competition works, government doesn’t.

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3. August 2008 by Greg Kelver.

As a taxpayer, I appreciate it when I see an elected advocate a genuinely sensible idea. LaPorte County Recorder Barbara Dean has one that should be seriously considered http://thenewsdispatch.com/main.asp?SectionID=50&SubSectionID=75&ArticleID=16384&TM=18519.89

Investing in a wind turbine that would provide some “green” power is actually a pretty good idea.  It could provide some electrical power to the county to reduce future energy bills  and serve as a good example to other LaPorte County citizens who are concerned about both energy and environment.  Using taxpayer money to sharply reduce LaPorte County government energy consumption through sensible energy conservation projects coupled with cutting edge power generation is the best way to fight a NIPSCO price increase.  Sharply cut the demand, allow more free market competition to counter NIPSCO’s government created monopoly, and let basic supply and demand economics do their job.  A wind turbine certainly is a much, much better investment of taxpayers’ dollars than paying out huge legal fees so that County Attorney Friedman can create the illusion of fighting a NIPSCO rate increase.

There are plenty of other areas where sensible investments could generate some real long term benefits.  If you come down to the Mill Pond Festival on August 23-24, take a look at the dam and the road going into the park.  Because of age and deterioration, the ”black hole” that serves as the dam gate is going to require replacement and reconstruction.  Instead of just replacing it, perhaps someone should look at the potential for a small hydroelectric generator installation.   The water flow over that dam certainly has the potential to generate some green power 24/7 if we are smart enough to take advantage of it. There probably are a number of other areas in LaPorte County where hydroelectric power might make sense.

Unfortunately, ideas like wind energy turbines will likely be killed off before they even start because of the “ban everything” crew that exists in LaPorte County.  The unelected Plan Commission has already passed a wind energy ordinance

http://thenewsdispatch.com/main.asp?SectionID=1&SubSectionID=1&ArticleID=16426&TM=21216.54 

Although a multimodal train yard is bearing down on Union Mills full throttle, LaPorte County Government seems oblivious to the “vibration” and pollution potential that will inflict on the residents of Union Mills.  But before a company can even start to study LaPorte County potential for wind energy, the LaPorte County Planner is already waving the regulatory red flag. 

God save us from the planners.

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18. July 2008 by Greg Kelver.

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.

Posted in Energy, Government, Politics | 1 Comment »

12. July 2008 by Greg Kelver.

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.

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4. July 2008 by Greg Kelver.

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. 

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2. July 2008 by Greg Kelver.

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.

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26. June 2008 by Greg Kelver.

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.

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15. June 2008 by Greg Kelver.

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. 

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5. June 2008 by Greg Kelver.

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.      

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