Politics

Filibusters, Shutdowns and other General Government BS

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This post fully embraces the “rant” designation, so scroll on if you don’t want my political opinion piece. Listening to the back and forth over the past month and a half has been tiring and frustrating. The Democrats’ position has seemed pretty untenable, considering they (Democrats while in power) passed the Affordable Care Act (ACA) without Republican support, they (Democrats while in power) passed the Covid enhancements to the ACA, which included the sunset provision that’s upon us, without Republican support and now, while not in power, they (Democrats) are demanding the Republicans fix it. In response, the Republicans have proposed paying everyone during the shutdown, despite the fact that the whole reason for the shutdown is there’s no money appropriated to do so. In typical Federal Government fashion. the only solutions either side seem to be able to see is to throw more money at problems.

Every time there is a government shutdown, they seem to put more rules in place to make the next one less painful… somewhat defeating the whole point of it. Why do a shutdown if no one is going to notice? After one of the last shutdowns, things were changed to assure that government employees would be reimbursed for lost wages, even though they weren’t working. No business could survive that way… The latest enhancement to that is that government employees will not even have to wait until the end of the shutdown to get paid! The ones laid off are already getting a paid vacation, but if the current proposal goes through, they’ll get a regular paycheck while off. I guess, “Why not?” All the Senators and Representatives got their check!!! They still managed to collect taxes though…

Side Note: Everyone should have an emergency fund, because it’s rare to have a 100% guaranteed income, but if you work in an industry (government) where these shutdowns occur regularly, it’s even more important. There is no question of IF there will be another government shutdown, only when… I have a hard time working up a lot of sympathy for those that were surprised by this.

James Stewart as Jefferson Smith filibustering on floor of the Senate

There was some talk about changing the Senate rules to eliminate the filibuster. It may be on the way out the door anyway, as there was an attempt to eliminate it in the last Democrat controlled Congress, but was stopped by just two moderate Democrats. And they’re not in office anymore… I am fully against its elimination. I think the minority party should have some vehicle to slow and bring to attention bad legislation, but it shouldn’t be painless. Otherwise, like this time, it’s just obstruction for no benefit. There was no pain for Senators in this latest shutdown filibuster. Sometime in the 1970’s the rules were changed to allow a filibuster to only require an objection. Yes, that’s a simplification, but accurate. Before that time, a Senator or group of Senators would have had to speak continuously on the floor of the Senate to keep the filibuster in effect, a la 1939 movie, Mr. Smith Goes to Washington. There was pain for all involved as the Senate had to stay in session and those filibustering had to hold the floor for hours on end, speaking into the record. The new rules are lazy and painless. If you want to take a stand against something, you should have to actually stand!

With very few exceptions, most Americans didn’t feel any effects of the shutdown, as most things continued as is. Only “nonessential” workers were furloughed. It wasn’t until the SNAP program began to run out of money and the airlines began to feel the air traffic controller pinch that anyone really perked up. Senators cared about SNAP, because those are actual voters affected. They didn’t care about not paying air traffic controllers, until it escalated to the fear of constituents complaining about not getting to fly home for the holidays.

In my opinion, pain and risk form the answer. Senators should feel some pain when they determine something should be filibustered and their constituents should feel some pain during a shutdown in order to get their attention. Senators should have been afraid of their actions getting their constituents attention for something that resulted in nothing. As is, the whole thing was low cost theatre that had very little effect on anything.

Veterans Day Celebrations in the Midst of Turmoil – J.R. Gaylor

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J.R. Gaylor

With turmoil foreign and domestic, we pause today to celebrate the living veterans for their service, their patriotism, their love of country and willingness to sacrifice in defense of our country. As important as it is to defend ourselves against foreign threats as our veterans have nobly served, there are some very insidious threats we are facing with America against itself.

Specifically, I am referring to the acceptability—by far too many—of the lawlessness we see happening, as well as the twisted logic behind the lawlessness.

We are seeing the direct contrast of the “broken window” theory versus “progressive criminal justice” model.

The theory of the “Broken Window” holds that addressing minor crimes like vandalism, public intoxication, and minor theft creates an atmosphere of order and lawfulness versus “progressive criminal justice” which promotes reforms such as ending cash bail, not prosecuting misdemeanors, and early release of offenders.

The justification behind this “progressive” thought is ‘because someone told a lie, it doesn’t make them a liar’. Or ‘because someone took a bribe, it doesn’t make them corrupt’. In other words, ‘if a crime is committed and no one is responsible, was there actually a crime at all’?

Famously said, “a great civilization is not conquered from without until it has destroyed itself from within.”

Next July 4th, we will celebrate 250 years of the great American experiment of Independence under a Constitutional Republic from which we aspire to form a more perfect union, establish justice, ensure domestic tranquility and provide for the common defense.

Let us aspire to recapture that vision.

J.R. Gaylor President/CEO; ABC IN/KY

Innovate Indiana Series

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Suzanne Jaworowski

Easterday Construction is a member of the Indiana Chamber of Commerce. As such, I was offered the opportunity to share their table at two Innovate Indiana presentations in South Bend. Both featured Suzanne Jaworowski, Indiana Secretary of Energy and Natural Resources, as the key note speaker. The presentation was moderated by Gerry Dick of Inside Indiana Business, so it presented a pro-growth vision for Indiana. This series was one of several done in various regions of Indiana.

There were a few others from Marshall County present, though I only recognized people from Plymouth and Culver. One of them spoke in the morning round-table session and made the comment that they were afraid that our County is becoming the County of “No”. It was a bit disheartening to hear a titter go around the room followed by one of the people from downstate responding something to the effect of, “Oh, we know that well!” Ugh! Not what you want to hear.

That rolled into Ms. Jaworowski’s follow-up comments. These were the key take-aways for me:

  1. Energy production is a priority of the current presidential administration and Indiana wants to step up to this challenge.
    • Indiana is promoting an “all of the above” position on energy. We still have coal-fired plants, but most of them have been upgraded and while not environmentally perfect, they are not the dirty coal plants of yesteryear. We also have productive gas-fired plants that perform well. We are expanding solar and wind energy production and looking into nuclear power. None of these are THE solution, but they can all be complimentary.
  2. Data Centers are critical to the growing AI industry and another priority of the current presidential administration. The President has specifically called out Indiana as a State primed for data center construction.
    • Indiana is a prime location for data centers due to our position within the country and our access to the electrical grid. We also have generally good internet infrastructure. The power solutions listed above add to the attractiveness of our State.
    • Indiana has taken a position requiring data centers to provide projections of their ultimate electrical needs and requires them to provide 80% of the upgrades necessary to provide for those needs. Most utility companies are taking this a step further and requiring them to provide 100% of the upgrades before any power is turned on. Locally, in the case of AEP, they require the data centers to pay the ultimate use bill from day one, before they have ramped up to that need, in order for AEP to guarantee that capacity down the road.
    • Ms. Jaworowski indicated that this should lead to rate reductions for current rate-payers in Counties with data centers. An advantage our County of No will not have.

There was a round table discussion at lunch that talked about the need to be forward thinking and support businesses that support the communities. The role of the Regional Development Authority (RDA) was discussed. The RDA has made great strides, but is still far from the goals it has set for itself.

Absent from these meetings were elected officials from Marshall County. Elected officials from our other regional partner counties where there, which puts us at a disadvantage. Marshall County often seems to be treated like the redheaded step child. The failure of our elected officials to participate won’t help that.

Disannexation

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A new word! This isn’t one I was familiar with, though the meaning of “disannexation” is pretty self-evident. Here’s an excerpt definition from Justia:

The property in question is part of the 70+ acres owned by Culver Investment Corp which was annexed as part of a mixed use PUD project at the northwest side of Culver. (Outlined in cyan and yellow on the GIS map to the right.) The project proposal included a large residential subdivision for most of the property and a gas station/convenience store on the NE corner of the intersection of SR 10 & SR 17. A preliminary PUD plan was presented and the developer entered into a development agreement with the town, which included the annexation. Since that time, the town has rezoned the property back to S-1, Suburban Residential, The developer has sold the north two parcels which are on the north side of SR 10 to two different purchasers and the remaining property has been on the market for some time.

It will be interesting how the Culver Town Council handles this. Disannexation seem counter to the reasons it was annexed in the first place and counter to the Comprehensive Plan, which includes developed uses for this property as part of Culver and expansion of the extraterritorial boundary based on this annexation.

The suggested disannexation is roughly the middle third of the overall property, parcel 502117203032000022 on the adjacent map, that was in the original annexation. If this goes through, this effectively creates a non-contiguous annexed area north of State Road 10. There are a few exceptions to the contiguous rule during annexation, but the exceptions generally apply to industrial parks and municipal properties. A brief search online didn’t turn up any consideration for creating orphan annexed property no longer contiguous to the town limits.

Disannexation Plat

I wrote about this a while back in a post here: Municipal Services As stated in an update at the bottom of that post, the town believes Culver Investment Corp is still responsible for extending services. I am not an attorney, but I do continue to have questions about that. Allowing this disannexation before having a resolution of the utilities issue would further complicate this in my mind. I would assume the new property owners have an expectation of utilities from the town. The town’s remedy for supplying these utilities would be the Culver Investment Corp Development Agreement. Messy at best…

I know it might be expedient to allow this disannexation and to pursue disannexation of the properties across SR 10, but my opinion is that would be a mistake. Culver should control these areas and particularly the intersection there. Culver is in somewhat of a growth phase, so giving up property control seems counterproductive to that. I hope the Council looks at the Comp Plan and the work that went into it before making a rash decision here. Time will tell…

Post Frame Housing

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Traditional Pole Barn with vertical steel siding and steel roofing. Image from CMT Components

A few years back, there was an effort to ban post frame (also known as timber frame) housing in Plymouth. A similar ban has been floated a few times in Culver and resurfaced at the August Plan Commission meeting. In both cases, the rational has been that the style doesn’t fit the community. As near as I can discern, (and I could be missing something) it doesn’t have much to do with the post frame construction, but more about the look of vertical metal siding, since these homes can be indiscernible from homes built using standard framing.

Post frame construction is most often associated with the “Shade & Shelter” functionality of Pole Buildings. Where post frame barns are designed to protect farm equipment, post frame homes are generally better insulated, stronger structurally, sealed tightly and have a different aesthetic. It’s just a different framing technique that has recently had a resurgence in popularity.

Post Frame Construction showing below grade piers, posts, girts & purlins Image from Roper Buildings

The main difference in this style of construction is the use of posts (poles) to provide the frost protection and uplift protection in lieu of the footings and frost walls used in standard construction. They are nearly always slab-on-grade (SOG) for the first floor. (Many standard construction homes are SOG as well, but standard homes could also have crawl spaces or basements.) Standard construction will use 2×4 or 2×6 studs at 16″ or 24″ on center to form the shell. Post frame buildings have posts spaces as much as 8′ on center with horizontal 2x4s girts to support the siding. Standard construction will have trusses or rafters at 24″ on center, where post frame buildings space out the trusses to bear on the posts and then use 2×4 purlins to support the roofing materials.

For a pole building, the big advantages are the ease and speed of construction. The construction is very forgiving. It is generally a big box to provide the most cubic feet of storage with the minimum of effort. They tend to leak and creak over time, but provide the basic shelter function needed. For a post frame home, there are a lot of enhancements:

  1. In standard home construction, the frost wall is insulated, in our area, down to 3′ below grade. In post frame home construction, insulation is added under the slab extending 3′ – 6′ from the perimeter to provide a similar thermal break.
  2. In standard home construction, there is continuous sheathing, generally OSB or plywood spanning the studs and providing the exterior diaphragm framing stiffness. In post frame home construction, this is provided by the wall girts which also support the vertical metal siding. Sheathing would still need to be added if a horizontal finish such as traditional siding or a brick veneer is used.
  3. In standard home construction, interior wall finishes such as drywall or wood paneling can be applied directly to the studs. In post frame home construction, it will be necessary to add interior girts to provide support for the interior finishes.
  4. In standard home construction, the wall depth is based on the stud depth, so in general there is a cavity of 5-1/2″, if 2×6 framing is used. Each stud is a thermal transfer point as there is no insulation between the interior and exterior at stud locations. In post frame home construction, the exterior wall thickness is determined by the post thickness (6″ or 8″) plus the 2×4 girt thickness on the interior and exterior, giving a wall cavity of 8-1/2″ or 10-1/2″. Unlike studs that create a thermal transfer from top to bottom, post frame construction reduces the transfer points to just the locations where the girts bypass the posts. This allows for super insulation, more than doubling standard exterior wall R values.
  5. In standard home construction, the roof framing is generally webbed trusses with OSB or plywood decking to tie things together and provide a substrate for shingles. In post frame home construction, either the trusses need to be moved closer together (generally requiring a collar beam) to allow sheathing on the trusses or the sheathing is installed over the purlins.
  6. In standard home construction, interior walls are often load-bearing. In post frame home construction, interior walls are non-bearing, allowing doors without headers, allowing standard slab thicknesses and often, greater stud spacing.

While some of these homes embrace the barndominium style, such as the one to the right that even includes a simulation of a silo, they often are hard to distinguish from their neighbors. It’s not the framing that determines the exterior aesthetic, and in many cases you wouldn’t know the framing style if you didn’t see it under construction. Three of the apartment buildings at The Paddocks have a definite barn aesthetic, yet they were stick-built.

Stating that the style doesn’t fit the community seems a particularly curious thing to say about a home in Culver. Culver has a myriad of building styles ranging from traditional to bungalows to A-frames to geodesic domes. Culver has exterior finishes ranging from siding to painted concrete block to limestone to fieldstone. The siding breaks down to various styles including vertical, horizontal and diagonal. We have buildings with vinyl, steel, aluminum and wood siding. Culver is allowing new construction to expand in size to the point that they encourage replatting/combining of small lots to accommodate the larger construction.

Some communities establish aesthetic requirements. Culver doesn’t have these. As it stands, they’re zoning decisions are based mostly on safety. Post frame verses traditional framing is more of an issue for building codes and as of this time it is allowed. Many would object to the use of vibrant colored residential standing seam roofs as not fitting the traditional aesthetic, but nothing has been said about banning those. Personally, I’m fine with the diversity. Culver shouldn’t stoop to the level of a group of Karens. A flock of Karens is known as an HOA. Culver shouldn’t go there. (Neither should Plymouth…)