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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No More Taxes Shawnee

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Shawnee City Council hurls addl. $6 million (total of $31 million incentives) to John Petersen of Polsinelli--for the non-luxury apartments at 75 and Quivira. Woohoo--530 more customers for Walgreen's, Starbucks and 2 drive-ins!

With two lone holdouts, (Eric Jenkins and Mike Kemmling), the Shawnee City Council heard the angel voices and fell on their knees the week of Christmas, at the feet of John D. Petersen, the king of kings of real estate giveaways and incentives.

In fact, the council added $6 million in giveaways since the public hearing a month ago!!!--up from $25 million to $31 million!!!

Smug, handsome and very very rich: 
the head pimp of Polsinelli's
Real Estate Division...
John D. Petersen, with an E. 
for EXTRA Helpings of taxpayer subsidy.
Including the addl. $6 million bump since LAST month's
Shawnee Council's public hearing,
from $25 million to $31 million.When he cashes in, (flips Westbrooke Green to someone else,
even another subsidized apartment complex owner, think Section 8 with a fountain out front next to two drive-in restaurants)
since he customarily takes 10% of each real estate deal,
that's $3.1 million.  Not bad for a night's work
charming Mayor Michelle Distler and six of her elves.

Name that gummint giveway, and Polsinelli's Petersen delivered the bag of goodies
(This list is 3 years old, there have been dozens more since then.)

I told the Council last night, I am embarassed for them.
They've given away 22 years of free police and free fire and free street maintenance--to a man who will do whatever he likes, and if he changes his plans, they don't have the courage to do anything about it.

I cited a previous client, the Oz Project.  According to the late great Finn Bullers at the Star, it was Petersen who instructed his client to STOP PAYMENT ON A $400,000 EARNEST MONEY CHECK.  And the county did nothing about it.

The vote was deliberately scheduled to avoid neighbor attendance, for Dec. 18--the LAST MEETING as 3 of 8 councilmen are leaving the council, presumably fat with their campaign contributions. Westbrooke Green (530 ho-hum apartments at 75th and Quivira, $1100 a month compared to $800 Section 8 all around it) with a fountain, some Stairmasters and two drive-in restaurants)  to "drive more folks to shop at the existing Walgreens" (to quote defeated/departing/but too beholden and chicken to let the next council decide this, Councilman Brandon Koenig).

Mayor Michelle Distler--the Sly James of Shawnee
Not the sharpest tool in the drawer.
Married to a man who sharpens scissors for a living.

At the very last minute, Mayor Michelle Distler got all curious and giddy!  She asked her crack staff, "Does anyone even KNOW what it costs to have the city [and its taxpayers, presumably], respond to a police report, a break-in, a robbery, a fire?"

Crickets.

Then she reprimanded the audience for not bringing these objections or concerns up earlier!

I was gobsmacked, as was Ray Ehrlichman, the perpetual citizen who attends every meeting, and blogs as Shawnee Ray.

How can the mayor not be concerned about what she gavelled into existence--a 22 year giveaway of free services--for some apartments that are absolutely 100% NOT 'luxury' apartments???  (The real luxury ones are downtown OP for $1800.  Even the 80th & Metcalf new ones at $1500 a month describe themselves as vanilla, bare bones.)

This Shawnee Council sold out for cheap.
Of the six voting yes, most accepted campaign contributions from Petersen, his son, Curt and co-horts, of around $500 this year.  One or more took $1000.  However, the public will not know till after Jan. 10 when the reports are due at Jocoelection.org.  The election board then reports to Ks. Ethics Commission.

Used car dealer, departing but voting Councilman defeated in August,
"The Arrogant One", Jeff Vaught.
Not too smart.  $250 contribution offset by $240 fine for delayed report.

We do know that Jeff Vaught (aka The Arrogant One, per Shawnee Ray's blog) held up HIS required report from Aug. 2017 to Dec. 12, just to keep prying eyes from seeing that Curt Petersen, John's son, donated $250.  The delay resulted in a penalty of $240!!!

And if there were ANY last minute contributions, after the August primary which Vaught lost, then he will be subject to up to a $5000 fine.
Because--when you're late reporting, you can't take any last minute payoffs!

It's a pain in the ass to read campaign contribution reports here
Hint:  click on Media tab (don't ask why) then two more clicks, then takes forever to lookey loo at some eyeball graphic.

What does it cost to buy a City Councilman's vote?
And what can a real estate developer expect in return?
John D. Petersen might easily net $3.1 million, (his 10% of a deal where he didn't even invest one dollar.)
Plus of course his hourly rate, of at least $500 an hour.  That is, if he actually builds what he proposed last night, which I seriously doubt.  More on that in a future post, here or on my sister blog, www.kcmopost.com.

By comparison, when John Petersen raised the money to elect Annabeth Surbaugh as the first chairman of the BOCC (Johnson County Commission) he raised $40,000 for her war chest.

The KCMO Council charges a bit more for their votes.  Just ask Burns&Mac, AECOM, and Edgemoor.

The Pete Rose of Shawnee: Councilman Mickey Sandifer: Dumb or Devious? Secretly a tool of the Polsinelli law firm? At taxpayer expense?? The $75,000 question...

Mickey Sandifer is the Pete Rose of Shawnee zoning.  He cheated the taxpayers by throwing the game.  Now at first blush, you might think Mickey Sandifer, Shawnee Ward 4, is the dumbest City Councilman in Johnson County.

Shawnee Councilman Sandifer, who allegedly threw the fight to benefit Polsinelli's client, Vantage Apartments

  After all, he just dragged Shawnee into a lawsuit over the Vantage Apartments, by willfully and blatantly and voluntarily violating the 8 Golden Factors in their rezoning effort-- to build on land the developers own.

But is Sandifer dumb?  Or worse yet, devious?  Paid on the side to throw the fight?  Did he blatantly give his reason for voting no--in order to trigger the lawsuit by the metro's biggest development whore attorneys, Polsinelli?  Knowing that, immediately following the vote, when he did not have to say ANYTHING, instead he deliberately revealed the only illegal answer for his vote?  Knowing, and coached by the development attorneys that this would not only cause the city to be sued, but also allow the zoning to go through?

The neighbors are just realizing Mickey Sandifer screwed them.

Thus allowing Sandifer to POSE as a man who supported the neighbors, but really to get the entire divided council off the hook by forcing the COURT to reverse the zoning disapproval.

That's my bet.

There are only 8 legitimate reasons to say no to zoning.  They are called the Golden Factors. Established following the Kansas Supreme Court case Golden v. Overland Park in 1978.  And by law, there is one glaring reason that city councils can NOT use in making zoning and rezoning decisions.  Namely, that the neighbors don't want it.    

Because: neighbors never want the land next to them to be anything but exactly the way it is, vacant ground.  Or, more of what the neighbors have.  In this case, more single family homes.  But property owners have rights to use their land.  And there are 8 ways to justify it, via planning and staff reports.

Without the Golden Factors, there would be no development.  There would be no schools or nursing homes or fire stations or apartments or retail.

The brilliance of the Kansas Supreme Court's ruling was: it specifies eight legitimate reasons.  And it contains the Secret Bullet: if any council member is dumb enough to step on the buzzer, and utter the words, "I just did it because the neighbors told me to say no", then the zoning goes through.

AND if, like Mickey Sandifer, they happen to be so stupid or naive or arrogant or narcissistic {or option five: all of the above} as to say it, during the meeting, to the smiling Cheshire cat face of a Polsinelli attorney, then the project gets their zoning approved anyway, but there's also a fine.  In this case, $75,000 is cited in the lawsuit against the taxpayers of Shawnee.  (Note, Councilman Sandifer is paid a salary of around $8000 a year.  In my opinion, he should voluntarily cover the fine.)

Now, I am not a fan of Polsinelli's development law firm, especially John Peterson (he of Meadowbrook and the Tutera properties in Prairie Village).  And now he has his legacy, his son the puppet, young Curt Peterson, handling the EASY cases.  

How easy was it for Curt to get the zoning?  Well, pretty easy!!!  Maybe that explains why Curt Peterson REPORTEDLY WINKED AT SANDIFER!

Before the meeting, possibly in a private phone call, untraceable like an email would be:
All the lawyer had to do was potentially speak to Mr. Low Self Esteem, shoot-from-the- lip Mickey Sandifer, and whisper:  "You be the hero, Mickey.  Just vote no, but right afterward, talk into the mike and say these words:  "I voted no because the neighbors didn't want this zoning."

And of course, Mickey Sandifer played right into Polsinelli/Peterson strategy.  That's how they earn $500 an hour.  Playing weaklings like violins.    I haven't reviewed Sandifer's campaign contribution reports.  I can only imagine he will have as much money as he ever needs to run for re-election.

Here is Sandifer's poison pill money quote:
"I'm put on the council to vote in favor of the residents that I represent.  The residents in the area didn't want it, so I voted the way I voted because I felt that's how I could best represent the people."

And with that, the neighbors were screwed, but left with the false impression that Sandifer was "on their side".  No.  He wasn't.  He threw the fight and screwed you forever.

Elected office is not a plebiscite.  (Mickey would never know that big word.  He quit high school 38 or so  years ago, SM North, quit macrame class and jewelry making class six weeks before graduation.  Jesus.  Couldn't tie a few knots in order to graduate, and go to work for Daddy, driving Daddy's Explorer around the family trash business site,  the rest of his life.  He just got his GED only after I suggested he do it so he could "make a difference in this town".  After which he ran against me, by lying that I wanted to widen 75th St, which of course I did not. )

A Lesson in What it Means to be an Elected Official, 
You Take an Oath to Follow the Laws of Ks:
So elected office means you go to the meetings and read the reports and know the damn LAW.  That is your oath.  And along the way, you are coached, in executive sessions, by your city attorney, on exactly how to NOT break the law.  You are not a kneejerk do-what-a-dozen-neighbors-tell you, because they do not always know the law.  They just want what they want.

If America's cities were plebiscites, we could just install little voting apps on everyone's home computer or cellphone...and every Monday, homeowner could vote on every issue, even if they were uninformed.  Even if that vote would cost your fellow taxpayers $75,000 in fines.

Now Mickey Sandifer tried, once again, to be the Big Man.  (He tried it earlier, during the Deffenbaugh zoning when as a Planning Commissioner he went around in Daddy's truck and meddled as an unrequested 'negotiator' with those neighbors.)

This time, Sandifer just screwed all the taxpayers, including the neighbors he claimed to support, out of $75,000 AND the zoning.

And of all places.  Because that Golden case, in Overland Park, was triggered by a case before Shawnee's former City Attorney, the great and very wise Marvin Rainey.  (Father of Shawnee's current city attorney, Marvin's son, Ellis Rainey.)  Marvin used to be the mayor of OP.  AND JoCo's first Election Commissioner.  So when I was on the Council, trust me, we were coached all about the Golden Factors.

Shame on Mickey Sandifer.  Always a  know it all, always a wanna be.

I hope our local paper, the Shawnee Dispatch figures this out and reports on it.  Soon.  They should have spotted it when I did: the moment Sandifer VOLUNTEERED his illegal reason.  Instead, they waited until Curt Peterson filed the inevitable lawsuit last week.