Rants

Culver Garden Court/Bureaucracy Rant

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It seems that a day doesn’t go by that I don’t get asked about the status of the Culver Garden Court Project.  I’m not sure why I should expect this phase of the project to go any smoother since it took years of promoting the project before finding a generous property owner willing to work with Garden Court for a site.  Now that we have a site and the Town is behind the project and HUD has approved the funding, we have hit another wall of bureaucracy.

It is particularly frustrating when President Obama has been talking about expediting shovel-ready projects for the past two years.  Is this how you expedite a project???

Time line:

July 2010 – Project Funding Announced:  Generally on past projects the funding is determined and announced in the Spring, often in time for us to have an early to mid-summer start.  This year the announcement was delayed until late July.

August 1st– Garden Court, Easterday Construction and B.A. Martin Architects meet to discuss finalizing plans.   Garden Court attorney applies for the 501(c)3 status with the IRS.  (HUD requires that each Garden Court be its own, separate, 501(c)3 non-profit entity.)

August 15 – Plans complete and sent out for bid.

September 1 – Prices in.  Budget met.  Easterday Construction is ready to go!  No 501(c)3 status.  Can’t close on property.

September 15 – HUD would REALLY like to have this project close before their year end of September 30th.  Can they help expedite the 501(c)3 approval with the IRS?  No.

September 30 – HUD year end passes.  No 501(c)3 status.  Project can’t close.

October 31 – Another month passed.  No 501(c)3 status.  Project can’t close.

November 30 – Another month passed.  No 501(c)3 status.  Project can’t close. 

December 10 – We had been nursing hopes of still starting but Winter hits with a vengeance.  Even with a closing, we would not be able to start, but… No 501(c)3 status.  Project can’t close. 

Present – As of this time, nothing has changed.

This project is not funded with “stimulus” money.  This project falls under HUD’s regular budget.  Washington is talking about expediting projects and they can’t even get their regular projects out the door in a timely fashion!  Is it any wonder that stimulus money remains unspent 2+ years after it was budgeted?

There are a lot of good people involved with Garden Court Projects.  The people at the local level are extremely dedicated to making these projects above and beyond the norm and the genuinely care about their elderly clientele.  The Open House for the LaPaz Garden Court we just finished was heartwarming as usual, seeing all of those involved come together in the celebration of a new facility.  The new residents were there to help celebrate and seemed thrilled with their new home.  And it is a home.  Garden Court strives to make it so.

My understanding is that the initial hold up with HUD’s funding was not at the local (Indianapolis) level.  The people at HUD in Indy have been wonderful to work with on the last couple of projects.  They seem to particularly like Garden Court projects and make a point to introducing the Garden Court representatives to their superiors at HUD when we are there for closings.  Our site inspector for LaPaz Garden Court, Vera Atha, was knowledgeable and showed genuine interest in how the final product would serve the elderly residents.  This hasn’t always been the case and it was refreshing!  We were pleased to hear that we will be working with her again on the Culver project.

The hold up with the IRS is puzzling.  As mentioned above, every one of the Garden Court properties is its own 501(c)3 corporation , so this isn’t something new nor is it an unfamiliar entity making the request.  The Garden Court attorney has done this in the past, so there should be no issues with paperwork.  To the best of my knowledge there hasn’t even been a request for additional information.  We are assuming that now that we are into the holidays, it is unlikely that there will be any movement on this until after the first of the year.

To repeat, President Obama wants to expedite shovel-ready projects!  How much more shovel-ready can you get???  To paraphrase the MasterCard Commercials:

  1. Project Funding in place?  Check!
  2. Property under contract?  Check!
  3. Plans complete?  Check!
  4. Municipality requirements met?  Check!
  5. Budget met? Check!
  6. Contractor ready to start?  Check and double CHECK!
  7. One piece of paper from the IRS that is currently holding up the entire project?  PRICELESS!

The Arrogance of Authority

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A DEA officer stops at a ranch in Texas, and talks with an old rancher. He tells the rancher, “I need to inspect your ranch for illegally grown drugs.” The rancher says, “Okay, but don’t go in that field over there,” as he points out the location.

The DEA officer verbally explodes saying, “Mister, I have the authority of the Federal Government with me.”  Reaching into his rear pants pocket, he removes his badge and proudly displays it to the rancher.  “See this badge?  This badge means I am allowed to go wherever I wish… On any land.  No questions asked or answers given.  Have I made myself clear?  Do you understand? “

The rancher nods politely, apologizes, and goes about his chores.

A short time later, the old rancher hears loud screams and sees the DEA officer running for his life chased by the rancher’s big Santa Gertrudis bull…

With every step the bull is gaining ground on the officer, and it seems likely that he’ll get gored  before he reaches safety.  The officer is clearly terrified. The rancher throws down his tools, runs to the fence and yells at the top of his lungs…                

“Your badge.  Show him your BADGE!”

Complete Streets II

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In the previous entry on Complete Streets, I was discussing development in Culver.  Marshall County is in the process of constructing Pioneer Drive (Pine Road Extension, VanVactor Parkway or Holm Highway depending on what you hear) on the west side of Plymouth.  Theo and I took a walk along it from Lincoln Highway to State Road 17 and back the other evening before the weather turned and before the asphalt was placed.  It was a pretty night for it, though the buzzing, cracking and popping from the high voltage towers was a little disconcerting… 

It appears that Marshall County may have missed several opportunities on this project for implementing some Complete Street ideas.  (Disclaimer:  I have not reviewed the final plans and I’m only going by my observations of the construction as it stands.)  Since this road comes out in the middle of several subdivisions on the southwest side of Plymouth, there could have been better provisions made for cyclists and pedestrians.  Instead it appears that the road has standard shoulders with large deep ditches on either side.  I initially thought that it was probably too far out to really have too much pedestrian traffic, but when I actually walked it the other night, I was surprised to find that I wasn’t the only one out there walking.  Since this road leads to the Lifeplex it would seem only natural that it should include some recreational/physical fitness provisions.  While I doubt sidewalks would have been cost effective for the potential foot traffic, adding a wider shoulder on one side with bike/pedestrian accommodations could have made sense.

The intersection with State Road 17 appears to have some sight distance issues that will make it difficult for both motor vehicles and especially cyclists.  Not to defend their flagrant disregard for road rules and etiquette; it’s pretty common to see bicycles ignore stop signs and lights at intersections.  They seem to do this regardless of the safety hazards involved.

I was disappointed in the implementation of erosion control on this project.  In many of the areas silt fence has been installed merely as window dressing running parallel to the slope rather than perpendicular to the slope where it would be effective.   There were areas where silt fence was installed at the top of the slope rather than at the bottom and was/is having no effect at all on erosion control.  Rip rap was missing from spillways and detention pond structures were left unprotected.

The deep ditches all along the road are disappointing on several levels.  They limit the opportunities for landscaping and the option of making this road into a tree-lined parkway.  They do little to slow stormwater runoff and the detention ponds appeared inadequate to account for the new impervious surface created by this road.  Development expenses will be high since if the ditch dimensions are appropriate then equivalently large culverts will be needed at any driveway accesses.  The ditches will also make it difficult to add lanes in the future if this road should need to be expanded to four lanes (as Oak Road was.).  And finally, since this road is to act as a bypass, then any new drive connections should include accel/decel lanes, which will be difficult and expensive to construct – another thing that is not conducive to development.

Sycamore Road/Rose Road Bypass

There’s no doubt that I was a little jaded on this project from the beginning.  I was involved with the Culver Chamber’s effort to spearhead a true Plymouth by-pass, from where S.R. 17 turns at West High, north to S.R. 30.  My personal feeling is that this would have served as a more effective by-pass and would have furthered the interests of Culver and Ancilla College in the process.  It would have allowed for an aerial railroad crossing due to the natural terrain; something lacking on Pioneer Drive.  (Water under the bridge, since additional residential development has occurred making this bypass route more difficult than it would have been 10 years ago.)  Pioneer Drive does not seem particularly effective as a by-pass or as a means of opening new land for development.  It seems to have missed a lot of its potential.

Marshall County Innkeeper’s Tax

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The Marshall County Council chose to increase the Innkeeper’s Tax from 3 to 5 percent.  [Pilot News Article]  I’ve had a disagreement with this tax since it first went into effect over a decade ago. 

My first issue is the same as Dr. Watson’s.  (See his letter to the editor here.)  It is taxation without representation.  It was originally passed “because we could” rather than because there was a need.  Now it appears that it has been raised using the same rational.  From the Pilot News Article:  “Woolfington [Convention and Visitors Bureau Executive Director] pointed out that Marshall County was one of just a handful of counties in the state of Indiana that has held the tax at 3 percent. Adjacent counties have raised their tax to the 5 percent level and St. Joseph County is at 6 percent.”  Mr. Woolfington then goes on to talk about our loss of a major hotel chain.  Somehow I doubt that this was because they suffered a decline in business because they weren’t charging enough!  How is raising our tax rate to match surrounding counties going to attract people to stay here?

My second issue with this has always been the Marshall County Visitor’s Guide.  Despite the Innkeeper’s Tax, the first thing the newly formed Visitor’s and Convention Bureau did was to start shaking down local businesses and Chambers of Commerce for ads in their new visitor’s guide.  Currently more than that 10% of the Culver Chamber of Commerce’s annual budget goes toward an ad in this guide.  I was on the Culver Chamber Board when this went into effect and I voted against that budget item and the passing of the budget including that item until I left the board and I continued to vote against it as a Chamber member for several years after.  (I now generally skip that meeting as my meal doesn’t sit well after that vote…)  I considered it then and now a phenomenal waste of precious dollars…dollars requested by a tax funded entity of a volunteer organization.  Dollars which wouldn’t need them if MCCVB was effective in it’s mission!

Community Conversation Follow-up

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Recap of Community Conversation in the Pilot News, November 18, 2010

I was pleased to see a diverse representation of our County at the Community Conversation last Wednesday.  Unfortunately I had a prior commitment and was unable to participate in the entire program, but I was able to hear the keynote speaker, Richard Longworth, as he spoke about the challenges Marshall County faces.  He also took questions from the audience, which were insightful as well as indicative of where those in attendance thought we were headed.

Second Page of Pilot News Article

I hope this is the first of many such “conversations” about Marshall County’s direction for the future.  Plymouth has just completed a Wheels of Progress survey.  Culver’s Second Century Committee is in the process of reexamining their goals.  I’m sure the other communities in Marshall County have their own steering committees to plan for the future.  If I took anything out of the conversation Wednesday, it was that we all need to shake off the boundaries imposed by towns, counties and states.  We should allow ourselves to think regionally and market ourselves in the same manner.  Otherwise we will continue to  be left behind.  Mr. Longworth indicated that the Midwest didn’t just enter a recession two years ago, but is 30-40 years into a recession that could last a century if we’re not careful.  Something for all of us to think about!