The October 16th meeting of the Culver Redevelopment Commission had a pretty full house and the majority of the meeting was taken up with a Public Meeting (not Public Hearing) on The Dunes. I was pretty proud of Culver as the majority of the questions were well thought out and asked respectfully. There were only a few questions I thought were irrational and even those were asked succinctly and calmly. I was also pleased to see that all of the Town Council members and a few of the candidates for Town Council were in attendance to listen.
Burke Richeson spoke for the Developer and did a nice job. Only getting a little vex’d when another attorney representing opposition spoke. Kevin Danti, Culver Town Manager, did a good job of keeping things moving and controlling the conversation. (I was going to link to Kevin’s page on the town’s website, but it hasn’t been updated.)
There were questions about environmental concerns, but these seemed to center on the effect on Lake Maxinkuckee. It was stated by Karen Shuman, who is on the Lake Maxinkuckee Environmental Council (LMEC), that LMEC had determined that the property is not within the Lake Maxinkuckee Watershed. I’m not sure that’s 100% correct, but it is at least mostly correct. Lake Maxinkuckee’s watershed is not large, but since the lake is mostly sustained by springs, the quality and quantity of ground water is important. That said, besides the lake, there are other environmental concerns, one the bigger ones being the surface runoff flow to the wetlands at the north side of the property and the town well fields just north of the property. Protection of those are critical.
Most of the conversation was well presented and questions were mostly answered with the exception of questions regarding the bond structure. Those got rather deep and ended with an offer from the town to provide a visual chart and breakdown to make the flow of funds more understandable. At this time, an agreement between the Town and Developer has not been reached, so the final numbers remain in flux. Progress is being documented on the Town’s Website in a link to Dunes. They stated a plan to document the questions heard at this meeting as well as others under a Frequently Asked Questions (FAQ) section.
Aside from the bonding, which was confusing to all involved, I was a little confused about the Tax Incremental Financing District (TIF) discussion. This was presented by Marty Oosterbaan, Commission Chairman, and I think most people in attendance didn’t know the right questions to ask. A couple of the things that left me puzzled were: 1) was the new land area for The Dunes being taken into the existing downtown TIF as discussed or would it stand alone; 2) was there one new TIF area or two? There was discussion of a 20yr TIF (residential) and a 25yr TIF (commercial) to cover the areas with rental apartments. How do these fit? There was also a discussion about how this would affect local residents and again, the discussion of taxes were muddy. It was stated that there would be no effect for the life of the TIF, but I don’t believe that to be correct, since there will be a reassessment and taxes levied on the new development which could affect neighboring property.
Another positive I heard last night was the future involvement of Michiana Area Council of Governments (MACOG). Culver is already working with them on the new Comprehensive Plan and have engaged them for help on The Dunes as well. They will be conducting traffic studies, apparently including boat traffic studies. Hopefully they will also step in to fill the Urban Planner role I suggested here before. It would be interesting to see if they address the issue of suburban sprawl and disconnection of subdivisions in Culver I discussed in this post. Would this development be more acceptable if it followed the streets and alleys development grid found on the east side of South Main Street rather than as a controlled access, separate neighborhood? An interesting question…
Though there weren’t pitchforks and torches at this meeting, the tenor of the conversation made it clear that the community is not embracing this project yet. There were comments about screening it so it’s not seen and changing the entrance to face S.R. 17 in lieu of South Main Street, as discussed here before. These ideas treat it as if they expect an eyesore or having nothing to contribute to Culver. While there may be reasonable concerns, the Town government seems to be on a path to address them the best they can. There is good reason to be cautious, but there should also be efforts to take advantage of the positives that could come from this.
Chevron Deference
July 8, 2024
Kevin Berger
Commentary, Personal, Politics
Commentary, Community, government, Trends
I wrote a bit on this last January (here) when I first heard the Chevron Deference was up for consideration by the Supreme Court. (Kiplinger’s follow-up article here.) Now there seems to be a huge uproar over this or to paraphrase the words of Charlie Daniels: They’re all out there steppin’ an’ fetchin’, like their heads are on fire and their asses are catchin’… (from Uneasy Rider)
Saying that we’ve always done it this way, fails to recognize that the Chevron Deference is a product of the 80’s, not something springing from the Constitution. It was a case where the courts gave up their constitutional power to interpret laws, ceding it to the administrative agencies. This has been abused by the agencies and aided by lazy lawmakers, who intentionally or unintentionally write ambiguous legislation.
Unfortunately, the agencies are abusing their power over their clients, the citizens of the United States, while also ignoring their bosses, the Senators and Representatives that write the laws. (Check out this video of Democratic Senator, Joe Manchin, schooling Treasury Secretary, Janet Yellen, on the way that agency is disregarding very specific language in a Law he wrote and helped pass.) Unambiguous language in legislation is rare, but even when it’s in place, it requires legislators to be enforcers, as with the above video or citizens to risk their livelihoods taking them to court. The Chevron Deference had been used to give the advantage in these situations to the agencies as the de facto experts.
I seriously feel that the various bureaucratic agencies are being allowed to run the show. Even granting them the benefit of the doubt on knowing a lot about the things they oversee, bureaucracies tend to be invasive. They try and make themselves seem more valuable by growing and inserting themselves into more things. This is true with private bureaucracies and seemingly more so with public bureaucracies. When President Biden said we’re going to add 80,000 more IRS agents, I never heard the IRS say, they could get by with 50,000 or even lets start with 30,000 and see how it goes… No, they gladly accepted the growth, the larger budget and the increase power that came with this.
IRS: You owe us money. It’s called taxes. Me: How much do I owe? IRS: You have to figure that out. Me: I just pay what I want? IRS: Oh, no! We know exactly how much you owe. But you have to guess that number too. Me: What if I get it wrong? IRS: You go to prison. ME: [rifling through papers] Ok this is all kind of confusing, but I think this is how much I owe. IRS: Yikes, looks like you missed a number somewhere. I guess you’re going to prison. ME: [being handcuffed] Can’t argue with justice! – Jordan Stratton
As I mentioned on the previous post here, the agencies’ positions and enforcement can swing wildly based on whichever party is in office. Taking the political positions out, at least as much as possible, by putting it back in the hands of the judiciary, seem prudent. Acknowledging their expertise in these things, it would make more sense to bring them in when the law is being crafted rather than waiting until it’s in place and subject to their, sometimes bias, interpretation.
The striking down of the Chevron Deference seems to make perfect sense to me, but only time will tell. While in place, it was interpreted broadly, which caused the problems leading to the Supreme Court’s review. Doing away with it may create a new set of unintended consequences, but with government in general, less is better…
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