They don't call it UNIFIED for nothing. UG judge kicks Schlitterbahn case.Protects his own tribe from culpability. I predict Loser AG Derek Schmidt does not refile, just "lets it SLIDE"

I am pissed.

And since I am the one who gave Tony Botello at TonysKansasCity.com the breaking news tip about the DECAPITATION of young Caleb Schwab, I must follow up on today's news, that Judge Burns dismissed the three big cases against the management and designers of the Verruckt water slide at Schlitterbahn in Wyandotte County.


What did you expect? Too awkward to allow testimony by other county employees if their malfeasance and design shenanigans were partly at fault.

The AG's prosecutorial team gave the judge the perfect cover for dismissal.  They made classic novice errors with the evidence they showed to the grand jury.  Any fool who ever watched Perry Mason or Ally McBeal or LA Law knows that.  Oh I miss those shows.  And yes,
And yes, cue the music now! Law & Order... 

Ks AG Derek Schmidt is incompetent.  (Or was this a "wink and a nod" deal, one government giving cover to another??

This was not a frivolous case. It was an awkward one.  Wrapped up nice and tidy with a dismissal, from early wildly incompetent prosecution, by our AG. (Who other than being cross eyed, looks exactly like the smug actor in the National car rental ads.)

"Choose any attorney whose never prosecuted a Murder 2 case...and go!

 Derek had never tried a Murder 2 case. He wanted to keep the case in house, (ego) so was assisted by an equally inexperienced asst. AG. He clearly should have referred it out.

One must remember, the reason it was not handled, as it should have been, by the Wyandotte County's DA was--
a. The experienced guy retired or lost his election.  30 years experience, gone.

b. The new DA had zero experience and booted it up to the state.
    (In volleyball, that's called an "assist".)  At least he was smart enough to know to do that!

c. After all, Wyandotte County, the UG,was at least half responsible for the DECAPITATION
 of Caleb Schwab, because their Gang of Five--a committee of men appointed with zero credentials to the trumped up Wyandotte County Design Review Committee.
Men without training in design sat around a table over sammiches--and said, roughly, "We gotta show some control over these cocky Texas assholes. Not just rubber stamp their plan. So howsabout we make em put a net over the slide, and hold that in place with some metal HOOPS!  Pass the BBQ sauce and I need another brewsky.

d. (One of the five was some sort of planner, but not credentialed in slide engineering. )
But the other four were just the usual Dotheads, including the obligatory guy from the most corrupt utility in America, the BPU.)    As my futurist friend, Fritz Maffrey calls such dolts, the "prancing Dilberts of Downtown."

d1.  Sadly, even the great Steve Vockrodt at the KCStar, never reported the names of the five.   The STAR should have sued for that info.  But the only time recently they've hired an attorney was last month --to defend THEMSELVES!  re Sen. Jim Denning's defamation case regarding the hatchet job column by defrocked liar/columnist Steve Rose...the Jesse Smollett of Johnson County.  When his first story didn't bring down Denning, he concocted another, claiming to be The Victim.  (to be continued.)

and now back to Schlitterbahn:
e. It is an obvious logical explanation and fact that it was the UG designed and mandated hoops that decapitated Caleb.
f. And then it was the UG mandated netting that held the head up there for hours
and had to be cut down. Caleb's mom did not even notice, she was so traumatized, seeing her son's (headless) BODY lying on the tarmac. I know this from a police officer there, sworn
to secrecy.

g. So how could the county prosecute itself?  Duh, they couldn't...and wouldn't.  The county administrator would not allow it.   But again, Vockrodt couldn't get him on the record, or get in the damn building to interview him.

h. And how could the UG police department report or testify their own bosses, as witnesses?????--county administration in charge of their budget?

h1:  And why should the judge expose fellow UG staffers to being cross-examined?  Why have a jury be forced to decide which percentage of fault was the UG Design Review Team, vs the mistakes made by Jeff Henry, the co-designer and tyler the manager who could not seem to train high school kids to put the fat ladies in front.

h2.   Better to dismiss charges early.  A wink and a nod among governments that must work together on so much more.  Blame it on hapless Derek Schmidt, slap him on the back and say, "Sorry, buddy.  You lost a tough case, and the UG dodged a bullet."

i. THIS WAS A COMPLETE CLUSTERFUCK.

j. And the news media still refuses to report the truth, it was a DECAPITATION!  Not an "accident", it was totally preventable.  Designed and mismanaged to fail.

 Fear of losing future ad revenues from a huge summertime client.  Had this crime happened in the inner city, the cold brutal facts would have been immediately reported.  Just last week, a former TV5 producer now the social manager for Shawnee, told me management still maintains it was "out of respect" for the family.  Fake news.

And it was not --as the UG police officer told Ch. 9--"a serious neck injury." Jesus.  Who knew that Pinocchio was a cop for the UG??

k. No, Schlitterbahn and your attorneys, with your sanctimonious spin today--
While it WAS a tragedy, it was ALSO a crime.  Which your clients escaped being convicted of.  Because the final crime was the incompetent legal prosecution team by our state.

If this were sports, bettors might say you THREW THE GAME.  Is Derek Schmidt that fucking stupid?  After all, he misfiled the case initially, under a corporate name that did not exist.  Or did he do this on purpose?

Caleb Schwab's family will never know. 

Takeaways:
I am grateful that Scott Schwab's family got some closure with their private settlement.

I am embarrassed for the citizens of Kansas. The AG, Derek Schmidt, has clearly been outed as inexperienced--and lacking the basic judgment to REALIZE his limitations, and thus cheat the family and the citizens of Kansas from real justice.

He doesn't cut his own hair, change the oil in his car, or manage his own website.
AG Derek Schmidt, a simpleton Topeka attorney used to fixing tickets, should have known he needed an experienced attorney to prosecute these cases.

Shame. Shame. Shame.

I'd also add:
Carl Cornwell is a fine, fine defense attorney if you are ever charged with a major crime.

I don't know the other defense attorneys--forget their names. They too did a great job for their despicable clients, but it was Carl Cornwell who gets the win for Jeff Henry.

Who I hope gets a big sentence in Joco for his other pending charge.

Jeff Henry is the OJ Simpson of Schlitterbahn.  He got away with murder 2.
BTW, despicable is not a defamatory thing to say about Jeff Henry. The truth is its own defense.

I did have to laugh when Jeff Henry was caught drugging and whoring around as he was in Joco. Defense attorneys have a challenge trying to control their sociopathic and reckless clients.  He's self-destructive.  Again, just like OJ.

Do I think the state of Kansas will refile these cases? No. Insanity is doing the same thing over and over and expecting a different outcome.--who said that? TKC intellectuals, please weigh in.

AG Derek Schmidt could not possibly take enough remedial law seminars or crash courses in How to Prosecute a Murder 2 Case to refile. 
He might as well just let is SLIDE.
(Gallows humor intended.)
The next time there is a major murder case in Kansas, I hope a future AG will have the balls and the wisdom-- it takes both, (male or female) to refer the case out, to an experienced professional.

No More Taxes Shawnee on FB leads growing opposition to Shawnee Community Center. Alerts SOS Scott Schwab to Three Monkeys ballot wording deceptions that violate Consumer Protection Act.

The City of Shawnee is obsessed with keeping up with Lenexa. 

Have you seen that new ladidah Rec Center at 87th & Renner in Lenexa?  Let's raise our property taxes in Shawnee 52%, and build something two thirds as large, with half as many party rooms, as close as possible to Legends Outlet Mall!!!  Just don't tell the deets on the May 21 ballot!

 To the point of jamming in deceptive, incorrect, evasive and misleading ballot wording to approve a $54 million Shawnee Community Center on May 21.  But just saying it costs $38 million.

DO THE MATH 1:
$2.7 million a year
x 20                         for the FIRST 20 years, (remember, in never sunsets, but let's start there) is
=============
$54 million.

But the ballot says $38 million.

Did you ever buy a car, a house, a piece of particle board white trash furniture from Nebraska Furniture Mart? 

Big Louie works you over in round 1--for your monthly payment.  And then round 2, Horace says, "Don't forget the rust proofing!

There's INTEREST.  Which must be disclosed, or the seller has violated the 2018 AG Consumer Protection Act.  Now why in hell doesn't Tyler Ellsworth, the toddler lawyer and the Shawnee Council KNOW that and disclose it in the ballot??

Here are some of the violations that No More Taxes Shawnee on FB, led by tax cutting cougar, Tracy Thomas, spotted as she prowled through that Consumer Protection Act and the ridiculously vague seven line mail-in ballot as worded by Tyler Ellsworth, the "toddler lawyer" (3 1/2 years since he passed the bar), Shawnee's D list bond counsel, Kutak Rock.

Tracy shared them Friday with Scott Schwab's office, he's our new Secretary of State, since Kris Kobach left that office, lost for governor, and is now somewhere Building That Wall.

There is still plenty of time to amend the BALLOT WORDING, so it is not what I have just realized is a violation of the KS AG's Consumer Protection Act of 2018:

50-626, G2: oral and written representation of: 

1. Exaggeration 

2. Falsehood 

3. innuendo and 

4: Ambiguity as to a material fact.

G3: suppression or omission of a material fact. For example: Violations re 50-626: It's $54 million, not $38 million. Interest over 20 years must be stated.

 

It's unprecedented for a city to be so broke they must also FINANCE DAILY OPERATIONS, WAY BEYOND CONSTRUCTION COSTS! 17 FT Park employees, when only 12 were added to the police department this year.

50-626G8: a transaction that involves unrevealed obligations. 1. Will never be self-sustaining, even new, before it requires repairs and maintenance.  

2.No Sunset of the mill levy property tax (they could, but refuse to) 

3.No EARMARK of the mill levy property tax (they could but refuse to)-- which tells you that just like Merriam, they will repurpose, redesign or do something completely different, after we vote. It's a BLANK CHECK. Expected to also set the mill levy higher in July than their propaganda-- which is illegal electioneering. More violations of Ks. Consumer Protection Act of 2018, due to this deliberately vague ballot wording:

50-627b1: took advantage of inability of the consumer to understand the language of an agreement. (eg calling it $38 million when it's $54 million.) 

Where's the damn calculator when I need it, Mickey?

50-627b2: The price grossly exceeded the price at which similar property or services were readily obtainable. (eg Lenexa Rec. Center and new Joco pool, more conveniently located. Without paying $54 million, plus fees.)

I can't walk to the mailbox, on Nieman and 69th.  I have no use for this, can't use it or afford to build it for others.

50-627b3: Consumer unable to receive a material benefit. eg too far away, cannot use due to age, health, transportation. 

 

50-627b4: No reasonable probability of payment of the obligation IN FULL by the consumer. eg admittedly never self sustaining, even before it's not new.

50-627b5: The supplier (City) induced the consumer to enter into something excessively one-sided...in favor of supplier. (staff is so jealous of Lenexa, want their "own", even tho location is bad, too close to Wyco which has no rec centers, only 2 party rooms when Lenexa has 4, too much space allocated to sports, not enough community use.)

50627b6: The supplier (City) made a misleading statement of opinion--on which the consumer was likely to rely to the consumer's detriment. eg: won't commit to actual property tax mill levy increase. Because city is ignoring 2017 Ks. Tax Lid Bill, giving voters the sole power to raise mill levy. 

 

City intends to set mill levy at WHATEVER THEY CHOOSE, in July budget meeting. Guesstimates of $7.36 are not fact. They are teaser rates.

This is illegal, it's electioneering. Unprecedented. 

 

The city is desperate to compete with Lenexa. City trying to put speculative memo in the same envelope--or print on same page as evasive 7 line ballot wording.

Even trying to con the county Election Commissioner into signing it!! Non-binding, Metsker is a TV evangelist from the last century, not a lawyer, propaganda to hoodwink the voters.

All before the March county appraiser letters increase our property valuations dramatically. eg a house for $160k going to $200k, because small homes are in great demand. Keep reading: No More Taxes Shawnee on FB And when you read, anywhere, that the "cost is $38 million", challenge that online paper (ShawneeMissionPost.com, or TV 9 reporter or TV4 reporter, or council member or Julie Breithaupt, city social director, here on Nextdoor.

That is FALSE and MISLEADING. Might be the cost to a millionnaire buying a bond, but just like a car or a house that you finance, the actual total cost to the homeowner MUST legally state the interest. And the term of the loan. But this never sunsets. Total of $54 million plus future operating losses. Make your council members correct the ballot wording.  

 

For more information, see No More Taxes Shawnee on FB
as well as our sister blog, www.KcmoPost.com
 

The 9 wording amendments to Shawnee's community center May 21 tax hike ballot--to avoid what TKC dubbed the Shawnee Swindle

All We are Saying is Give FACTS a Chance!!!!

There's still time.  Call your council reps and the Mayor.  (numbers on city web site.)  AND forward this to all, as an email: governingbody@cityofshawnee.org.

Amend the May 21 mail-in ballot wording. Give the facts!

Say what it is, and what it is not.  That's the only way to be honest.  And let voters make a truly INFORMED decision.

This will eliminate the need for any "inserts" or never before allowed memo/speculations or illustrations/and non-binding verbiage-- by Election Commissioner Ronnie Metsker, or Mayor Michelle Distler, or anyone else.

1. That the property tax increase has no sunset. 

2. And cannot be repurposed in the future, once the GO bonds are paid off, for any new or different project. For Parks and Rec or any other department.

3. That $38 million does not contain the interest that will be paid to bond holders/investors since that will not be known until the bonds are sold.

4. That IF the mill levy is set, in July at 2.919 mills, to purchase a proposed 20 year bond, that current projections do not forecast this center ever being self sustaining.

5. The council maintains that it alone has the right to approve mill levy increases, not the public. As a currently allowable exception to the 2017 Ks. Tax Lid Bill.

6. If the council determines each year that it will require a higher mill levy than the guesstimate of 2.919 mills per year for building and maintaining operation of this one community center, at 61st and Woodland and nowhere else, Council reserves the right to raise that subsection of the mill levy, without another public vote...earmarked only to this specific project.

7. The Council maintains the option, however, of dipping into the General Fund as needed, possibly affecting funds for police and fire and other necessities.

8. This proposal calls for the City to hire and provide ongoing employee benefits to 17 new FT employees of Parks and Recreation.

9. There are no provisions herein for off duty security police officers or the payment thereof from this or any other known source.

=========================================================

It took two weeks of browbeating the staff and council to get them to at least say on the ballot: This will be funded by a property tax increase. 

Was that so hard???  But how much, and for how long?   

And truly, if it operates in the red, as predicted by their own "Owner's Rep Team", if they set the mill levy too low,  remember--$38 million DOES NOT COVER INTEREST!!!--it will also dip into the General Fund.  Can't you JUST tell the truth?  About this "want" that is not a "need"?

That wording concession was snuck in AFTER the meeting packet was put online. at Friday's deadline.  

Perhaps at their offsite weekend "planning" meeting of the council--off the record, with no minutes??  And no reporters??    

Once a tax is increased, unless you sunset it, it goes on forever.

LET THE PEOPLE DECIDE--AFTER YOU TELL THEM WHAT THIS REALLY ENTAILS.

Stay in touch:

Follow FB page:  No More Taxes Shawnee

And read www.KcmoPost, and www.TonysKansasCity.com

Shawnee Council accused of FISCAL FOLLY for Taj Mahal community center, by bus. exec/humanitarian David Williams

The proposed Shawnee Community Center (a $38 million Taj Mahal rival to eternal rival Lenexa's rec center) is in serious trouble.

Shawnee, always trying to be Lenexa, wants to build a Taj Mahal $38 million rec center in far western Shawnee.  Which will end up being the new urban teen hangout for unmentioned northern neighbor, Wyandotte County).  Funded by a $15 a month property tax that never sunsets.  (also not mentioned in ballot.)

 

Public opposition is suddenly speaking up, angry and motivated to stop a hearing and ballot order, 7pm  Mon. Feb. 11 at Shawnee City Hall, Johnson Drive and Nieman.  The Shawnee Community Center (a proposed $38 million to $52 million Taj Mahal rival to eternal rival Lenexa's more convenient new rec center) is in serious trouble.

This morning the entire Shawnee Council received this letter from David Williams, a respected business exec and humanitarian from Ward 4.  (The same ward where Mickey Sandifer, who supports SCC to the point of breaking the law in saying "Vote Yes",  is running for re-election.)

If the public cannot attend Mon. Feb 11 at Shawnee City Hall, when this will be put on a proposed May 21 mail-in ballot, after a short public hearing,they are encouraged to email their opinions to:  governingbody@cityofshawnee.org

From: David Williams <dndwilliams1@gmail.com>
Date: Sun, Feb 10, 2019 at 8:14 AM
Subject: Proposed Community Center
To: governingbody@cityofshawnee.org <governingbody@cityofshawnee.org>

Shameful - Shameful - Just Per Shameful!

The City of Shawnee has over $144 Million dollars of Capital Improvement projects on the books currently. Many of these projects have been delayed multiply times due to complications with funding. The council is taking on a folly that is the worst use of taxpayers funds ever heard of.

 If I was planning on continuing my career as a council member or seek higher office I would think long and hard about taking an average of $200 a year forever out of every taxpayer’s pocket on a folly like this. You could be the next Kevin Yoder!  Just to be like the JONES. One of the main Capital Improvement Project that I have seen delayed and delayed because of financial reasons has been the Monticello Road Project. A project that I have given up on of even being completed. A project that would not only improve traffic flow, improve safety, and gain access for the residents to access the trails system.  It would also bring development of homes and in turn bring more tax dollars to Shawnee. I would have thought our council would be interested in the big picture on how to improve revenue by increasing residents not just fleecing the ones they have.  

History:

One of the reasons given by the council was the recession on 2008, which I agree was bad for the community. Well I think you might want to consider the following information before promoting a new $38 Million dollar loser. Yes, I have heard that the council can not promote but there are some of you that are promoting this folly. 

National Economy Outlook:

Chief executives are concerned for another recession in 2019!

On Monday, January 21, 2019 the International Monetary Fund cut its global growth predictions for this year and next, saying “the balance of risks remains skewed to the downside” and momentum is “past its peak.”

Chief executives ranked a global recession as their number one concern for 2019, according to a survey of nearly 800 top business leaders around the world released Thursday by The Conference Board. Global trade threats came in second. Even consumers, who power the U.S. economy, are on edge. Consumer confidence has fallen to the lowest level of Trump’s presidency, according to the University of Michigan Consumer Sentiment survey out Friday.

As for the Community Center Project. Shame on anyone on the council that votes to move this forward to the voters with a mail in ballot process.  I was able to attend both “Open Houses” in January and shame on the council members that were there if you vote to bring this to the voters. With less than 50 individuals at each presentation it should give you the message. Please don’t say it was because of the weather, it was not that bad either day. It tells me that the majority of Shawnee taxpayers are NOT interested in this tax drain.  OR - OR - The Project has not been communicated well enough and taxpayers are unaware of what the council is proposing. 

Shame:

It was shameful that a taxpayer had to search out individuals to ask what was the estimated cost to the taxpayer. No one had name and position tags to identify them. Maybe this was the plan. Shame on the presentation with all the FLUFF & SIZZLE and NO facts or figures posted anywhere. Being in sales for over 40 years I can see FLUFF & SIZZLE when I see it. Shame on the council as the message of this proposal really hasn’t gotten  out to the majority of taxpayers. Depending on digital media isn’t cutting it. The taxpayers don’t really know what is going to hit them with a tax increase and for how long (forever). 

A property tax of this magnitude will make Shawnee one of the heaviest taxed cities in Johnson County and maybe the state. 

It is shameful that you our trusted officials would invest in a project that will run in the RED forever ($200,000) never paying for it’s own operation. 

More staff, not police or fire?

By adding 17 more full time employees with benefits this negative spending will grow year over year. And the real shame of it all they don’t have to be residents of Shawnee. They can go spend their salaries in other cities. I have never seen a legal business operate in the red and survive long. 

* Shame on  the council member voting on doing a project that will compete with tax paying 

   private industry. 

* Cut the losses and sell the property. 

* Sell the property and speed up completion of some of the other Capital Improvement Projects.

David Williams

Resident Ward 4

David Williams is currently in Puerto Rico rebuilding homes for hurricane victims.

He may be reached via email, dndwilliams1@gmail.com

The council email to Mayor Michelle Distler and all 8 Councilmen and women,  is governingbody@cityofshawnee.org

If the public cannot attend Mon. Feb 11 at Shawnee City Hall, 7pm, Johnson Drive and Nieman, when this will be put on a proposed May 21 mail-in ballot, they may mail their opinions to:  governingbody@cityofshawnee.org

Here are other concerns:
(not expressed by David Williams.  By others on No More Taxes Shawnee.)

*  a want rather than a need

*  too far west location

*  the next youth hangout for idle Wyandotte County teens, @ 72 cents/day. cheaper 

   than a babysitter

*  funding shenanigans

*  a non-disclosed property tax hike THAT NEVER SUNSETS 

*  violation and thumbing their nose at the 2017 Ks. Tax Lid Law

*  secret plans by council to raise the tax even higher in July to $15 a month from $7.36 

    stated on vague ballot

*  illegal electioneering by Council and staff, including Park Board director Neil Holman,

   and Ward 4 Councilman Mickey Sandifer.  Staff and council are only allowed to 

   "educate and inform", not advocate, eg say "Vote Yes".

*  And now even an election controversy involving a non-binding legalese "faux 

   endorsement" by Joco's beleaguered election commissioner, Ronnie Metsker, 

   are being exposed.

 

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