The Structure of Structurepoint

This is the company that the Zionsville Economic Development Commission hired to devise a strategic master development plan for the town. It is also the firm that has been hired to design a ''gateway'' to Lebanon, which is projected to cost $8,765,500. To read more about this boondoggle go to the Watchdog Indiana at http://www.finplaneeducation.net/.

And, according to Watchdog Indiana, guess who the City of Lebanon hired to work three days a week to ferret out more federal money? Tom Kouns, the recently retired Boone County Highway Department manager, being paid $30,000.

Ogden on Politics

“Throughout history, it has been the inaction of those who could have acted; the indifference of those who should have known better; the silence of the voice of justice when it mattered most; that has made it possible for evil to triumph.” Haile Selassie

Wednesday, May 26, 2010

American Structurepoint Executives Pour Money Into Ballard Campaign; Company With Bribery Indictment Past is Rewarded With Lucrative City Contract

The Indianapolis Business Journal reports in part:

American Structurepoint has been tapped by the Indianapolis Department of Public Works as program manager for the city’s “RebuildIndy” infrastructure-improvement initiative.

RebuildIndy is the formal name of the massive infrastructure improvements Mayor Greg Ballard wants to make with $425 million in expected proceeds from selling the city’s water and sewer utilities to Citizens Energy Group.
...
Contract terms with American Structurepoint are still being negotiated, said DPW spokeswoman Molly Deuberry.

Indianapolis-based American Structurepoint was one of four companies to express interest in the city project, she said. The 44-year-old firm, which also has offices in South Bend and Columbus, Ohio, has worked on a number of high-profile projects, including design work on the Interstate 69 expansion.

Besides helping the city develop strategies on project selection and implementation, American Structurepoint also will work with the city to manage its stormwater capital-improvement program, DPW said.
...

What is not in the article, is the fact that American Structurepoint used to be known as American Consulting Engineers and its owners, executives James Wurster and Willis Conner, were indicted for bribery by former Marion County Prosecutor Scott Newman. The indictments had to do with ACE giving a $50,000 plus a year job to Indiana House Ways & Means Chairman Sam Turpin. The job was not disclosed and Turpin allegedly engaged in actions to favor Ace. Wurster and Conner took an appeal of the indictment and won on the basis that the allegation did not include a quid pro quo ("this for that") and without a specific allegation regarding what Wurster and Conner received for their money, the bribery allegation could not stand.

As a side note, the "quid pro quo" requirement remains one of the biggest obstacles to the enforcement of the state's bribery law. Rarely do those wanting favors hand over money with specific instructions to vote a certain way or engage in certain conduct favorable for the one offering the bribe. Rather Indiana's version of "Pay to Play" involves a wink and a nod which generally can't be prosecuted under Indiana law, but can be prosecuted under the federal Hobbs Act which has a lower standard.

While Wurster appears to be out, Conner is still with the company. During 2008 and 2009 (years when the Mayor wasn't even a candidate), Conner individually donated $22,500 to Mayor Ballard's Campaign. American Structurepoint executive Marlin A. Knowles, Jr. contributed $30,000. There are probably others from American Structurepoint who contributed to the Ballard campaign as well.

(Conner contributed $1,000 to Citizens for a Better Zionsville, and $500 to the campaign of Tim Haak.)

Blogger Gary Welsh calls it "Pay to Play the Ballard Way." (To find Gary's take on the story click here.) Indeed it is exactly that. While Ballard pledged to change how business was conducted on the 25th Floor, those of us who supported him never expected that the "change" was to take Indianapolis pay to play politics to a new and unprecedented level.

The Ties That Bind - The ZHS Class of '86

Ring out the old, and in with the new Town Council.

Well, maybe.

From where we sit it appears the Zionsville High School Class of '86 will still be in the cat bird's seat.

Matt (Powderpuff King) Price will be gone, but his shadow looms large. Don't forget, Price kicked in $11,000 to council candidates and PACs in the most recent election cycle.

Could Price, an attorney with the Indianapolis powerhouse law firm of Bingham McHale, be poised to bump Mike Andreoli as the go-to man when you want something done around town?

Don't forget, it's been Price who has done the heavy-lifting in the past four years as council president, and for that he certainly is due pay back.

Without doubt his title as Class of '86 Powderpuff King deserves something.

But, back to the babes-in-the woods - Susana Suarez, Tom Schuler and Elizabeth Hopper.

It's no surprise that the newly-elected council has already met in private and hashed out the council leadership positions.

So, when curtain rises at the inaugural 2012 council meeting look for Tim Haak to assume the presidency, with Jeff Papa as the vice-president.

How Papa slipped into this elite circle is somewhat a mystery because he's not a Class of '86 member.

If you want to know more about Papa go to his Facebook page or google all the things he's worked on at the state legislature.

Haak will have to watch how he votes to makes sure he doesn't step on his ying-yang because of a conflict with his employer, the National Bank of Indianapolis.

Papa also will have to be careful he doesn't stub his toes because of his position as chief counsel for Sen. David Long, R-Ft. Wayne, president pro-tem of the Indiana Senate.

But, how about the other members of the Class of '86 and their connections to town power?

There's Andy Pickell, whose employer is BLN, the engineering company which picked-up the town's account after HNTB, the town's long-time engineers, was bounced last year for no legitimate reasons - other than Class of '86 ties to BLN.

Pickell kicked in a whopping $2,000 to the Political Action Committee, Eagle Good Governance to pay for political attack ads in the last election.

And, speaking of BLN, there's Jim Longest of BLN - the L is for Longest. Longest, who is a member of the Zionsville School Board, also participated in the revision of the town's Master Transportation Plan this year. Longest donated over $6000 in the last election through his involvement in multiple Political Action Committees and direct donations.

Engineering firm and new roads . . . get it?

Other classmates are Charlie Edwards, who is chairman of the all-powerful Zionsville Economic Development Commission.

Edwards' committee was the entity that engaged Structurepoint to devise a ''new Zionsville'' strategic plan which has many residents fuming.

More about Structurepoint to come.

Hey Buddy, Wanna Buy a Town Council?

Well folks, not two, three, or four, but FIVE weeks have gone by with nary a mention by the Zionsville Times Sentinel about campaign finances raised by the new Town Council and supporting political action committees.

Reports of those funds raised from April 9 to October 14 were due October 21 in the Boone County Clerk's office.

Several readers have reported that when they've asked the Times Sentinel why there has been no story about this, the reply has been "That's not news." Really? Not news? You be the judge.

Is it news that over $160,000 was spent and raised to get the 2012 Town Council elected? Not according to the Times Sentinel. So that's why you have to read it here?

The Times Sentinel did see fit to report on some of the campaign finances on April 20, 2011 - just days before the primary. However, the T-S spent its ink on an "unbiased" report outlined in single paragraphs the amounts of money raised by Steve Schanke, Peter Hawyuk, Tom Santelli, Chris Brooke, and Wendy Brant, the anti-Pittman slate.

Nary a word about the tons of cash raised by their opponents and the PAC's which dumped thousands of dollars into their coffers.

Then, later the paper extolled the virtues of the Pittman slate of candidates being endorsed and funded by MIBOR (Metropolitan Indianapolis Board of Realtors.) That entire slate won in a landslide.

And, don't forget the managing editor of the Times-Sentinel, Andrea Cline is married to a MIBOR executive, Pat Cline. Mr. Cline as MIBOR's Political Affairs Liason is in charge of fundraising/donating and running candidate school to train candidates for political office.

Purely coincidence or a convenient conflict that you can't find that information in the Times-Sentinel?

Show Me Your Friends, and I'll Show You Your Future

Remember the advice during the pre-Watergate hearings, when the admonition was ''Follow the money?''

In this election for the Zionsville Town Council it was never more blatant than in the campaigns of the Seven Dwarfs - Papa, Mundy, Suarez, Hopper, Ulmer, Haak, and Schuler.

And, the Prince? It's none other Chad Pittman, who despite his appointed position at the state, is not permitted to openly campaign but he still can host an Ulmer fundraiser on his property. Are you listening Gov. Daniels?

Pittman, with his brothers, are mega developers in Hamilton County, and recently have run into financial doldrums there, but have their sights and pocketbooks set on Boone County.

Upset that he was never able to crack the Zionsville development ceiling, Pittman orchestrated the ''Citizens for a Better Zionsville'' in 2007, which fielded a winning ticket of Matt Price, Michelle Barrett and Tim Haak for a majority of the then five-member council.

The CBZ, a political action committee, raised thousands of bucks for the Pittman appointees. The lions share of its war chest came from individuals, attorneys, and firms representing development interests outside of Boone County.

The other two candidates elected were longtime members David Carr and Art Harris, who soon became a vocal minority.

Subsequently, Carr resigned and Valerie Swack took his place. Then, Barrett resigned for personal reasons and Steve Mundy assumed her place.

With a majority on the Town Council, Pittman pulled the strings and his puppets danced, appointing his dunces on the Zionsville Plan Commission and Board of Zoning Appeals.

But, because of the vocal minority of Swack and Harris, the brothers Pittman did not always hold sway.

Pittman wanted a clean sweep - no voices crying in the wilderness. With Swack and Harris tired to tilting with windmills, the openings were there for a 100% Pittman coup this year.

And, along comes the Civic Pride of Boone County, LLC PAC with offices in Zionsville, and its bank none other than the National Bank of Indianapolis, where Tim Haak is a VP.

Stay with me folks, it only gets better.

Matt Price, current Town Council el presidente, is the chairperson of Civic Pride with board members Paul Kite, home builder; Tom Longest and Jim Longest, of the engineering firm of Beam Longest & Neff, and Bob Harris, all of Zionsville.

The BLN firm is currently the engineering firm hired this year by the Town Council, which tossed out HNTB, that had served as the town's engineers for over 20 years.

Harris is a substantial property owner along Zionsville Road, south of Eagle Creek, who has long eyed the extension of the Village Business District to connect with his holdings.

Civic Pride's latest report of campaign contributions and expenses filed with the Boone County Clerk Oct. 21 showed it has raised $33,000.

And, guess which Zionsville Town Council candidate's campaign benefited the mostest - Candace Ulmer, $7,100, followed by Haak's campaign, $6,500.

The deep pockets came from Harris, no relation to Art Harris, and his family interests, which kicked-in $11,000, one-third of the contributions.

Others contributors were:

Robert Fisher, Carmel, $1,500
David and Peggy Matson, New Palestine, $1,500
Thomas C. and Darci Longest, Zionsville, $1,000 (loan)
James B. and Annie L. McIntosh, Zionsville, $1,000 (loan)
Matthew and Beth Price, Zionsville, $3,000 (loan)
John Demaree, Zionsville, $100
Matthew M. Price, Zionsville, $6,000
Mark and Kathy Downey, Avon, $500
Teachers Tutoring Inc., Indianapolis, $1,000
Committee to Elect Matt Price, Zionsville, $2,343.97
AMECO, LLC, Greenwood, $1,000
Midwest Financial Company LLC, Indianapolis, $1,000
Harris FLP, Zionsville, $3,000
Barbara Harris FLP, Zionsville, $3,000
Harris FL?, Zionsville, $1,000
Harris Capital Investments LLC, Zionsville, $4,000 (loan)

Civic Pride made the following contributions:

Elizabeth Hopper for Town Council, $3,250
Candace Ulmer for Town Council, $7,100
Committee to Elect Tim Haak, $6,500
Tony Cotton, Lagrange, Ky., $3,500 (drafting)

The campaigns of Tom Schuler, Susan Suarez, and Jeff Papa, each received $358.83.

$ivic Pride indeed.

The Oz's New Queen

It's election season, and Town Council candidate Candace Ulmer is on stage playing the charade behind the curtain as the Wizard of Oz.

You know the poseur, pretending to be what he's not?

Unfortunately for Zionsville's citizens, she's hiding from what she is; a flip flopper to end all flip floppers, backed by deep-pocket developers. But, outwardly, on her blog and in expensive newspaper ads, she's all innocence and good governess.

Hogwash.

She's wagering that voters on Nov. 8 won't do their homework and realize just how dependent her campaign is on the cash dished out by big-time developers with designs on their own shovel-ready projects in Zionsville

Take a look behind the facade.

For her to triumph in the May primary, Ulmer raised $17,000. Most notable contributions came from MIBOR (Metropolitan Indianapolis Board of Realtors) - $1,121.80. Council woman elect Susana Suarez Campaign Fund gave $1,000. Council President Matt Price's, Civic Pride of Boone County Political Action Committee gave $7,100. Keith Burks of Naples, FL contributed $1000 (who's he?). Plan Commission President Allan Rachles gave $200, as did Councilman Jeff Papa.

And remember, annual pay for a council member is $5,000.

Ulmer is opposed next week by an Independent candidate from Union Township, Constance Brye. Ms. Brye is running with no ties to any development interests or political group. Brye's campaign report show a paltry $1,050 raised in total, $600 from herself.

Only those voters residing in District 1 are allowed to decide the Brye vs. Ulmer race. But with David and Goliath fund raising differences, don't expect big fancy mailers from Brye.

A little background music please.

Two years ago, when the consolidated government proposition was before the voters, Ulmer was serving as the elected Union Township trustee. She was the majordomo tub-thumping for the movement, campaigning for everyone in Union Township to vote for it, and they did, and it passed.

Ulmer promised Union residents that taxes would not go up. (And, by virtue of the consolidation, she ascended to the stage of the Zionsville Town Council.)

She stated, ''Union residents will see a tax rate increase of 0.6% - Hummm

But taxes did go up for Union in 2010.

Residents there saw an increase of approximately 25 percent in their 2010 property tax bills. Union taxpayer's rate jumped from $1.54 to $2.04 per $100 of assessed property value. And, according to Ulmer's own blog dated Oct. 21, 2010, for the 2011 budget it says, "Yes, taxes are increasing," and goes on, "Union residents will see a tax rate increase of .06%" No increase in taxes? Blarney.

Let's review: 2009 - ''Taxes won't increase.'' Then in 2010 - taxes increase. Taxes increase again in 2011.

Great record.

Flip-flops abound. Her blog states she is for diversifying the tax base. "We need more business," she states. However, she recently voted to allow high density apartments that pay less in taxes than business, in an area zoned for business. Brilliant.

Another Ulmer flip-flop came this year, when the Stormwater Utility was proposed for all of the newly-consolidated Zionsville, including Union Township. Ulmer endorsed and voted for it. Taxes won't go up for Union? Hardly, this is a new added tax.

But, now Ulmer is against the Stormwater Utility because of the tax that will be imposed on residents to fund the utility, which Ulmer contends will only benefit Zionsville's infrastructure.

One of the backroom deals Ulmer was behind, but failed to deliver this year was allowing a private Westfield utility, Hamilton Southeastern (HSE) access into Union Township for the benefit the Indianapolis Executive Airport and developers along U.S. 421.

And oh, probably just a coincidence, but the operators of the airport (formerly Terry Airport) are major contributors to Ulmer's election campaign.

It's time for voters to unmask the Wizard of Oooze Tuesday. Nov. 8.

Where There's Smoke

Wonder what the flap over an e-mail sent by four Zionsville town council members to the Boone County Commissioners is all about?

Maybe nothing, but again maybe there's smoke, and where there's smoke there's fire.

At the June 6 council meeting when it came time to allow the public an opportunity to address the council, Wendy Brant came forward and claimed the four councilors had violated the Indiana Open Door law.

Ms. Brant, a former Boone County commissioner, is no stranger to the issue of transparency in government. She was president of the Indiana Coalition for Open Government, and testified at the state legislature for the Public Access Counselor.

Basically, the Open Door Law forbids appointed or elected members of municipalities from conducting business privately, outside of the public view.

The e-mail Brant questioned was sent by Tim Haak, council vice-president, to the Boone County Commissioners on Friday, June 3.

It stated: As members of the Zionsville Town Council we are formerly requesting that you table the Ford Road bridge agenda item from your meeting Monday, June 6th. Zionsville is currently updating our Transportation Plan and the proposed bridge replacement plays an integral role in this update. We feel that the item warrants more discussion between the Zionsville Town Council and the Boone County Commissioners and we would like to formally meet to discuss further.
It was signed by Haak, Steve Mundy, Jeff Papa, and Candace Ulmer.
Zionsville Town Council

Ironically, it was Ulmer who on June 1 asked the commissioners to be on the June 6 meeting agenda to express her opinion about the Ford Road bridge, and request that the commissioners delay signing an agreement to proceed with construction of a new structure.

As reported in the Zionsville Star June 9 edition of the Indianapolis Star, "Brant said the four council members made a decision as a majority of the seven-member council outside the public view, challenging them otherwise to identify what public meeting or where in meeting records the issue was discussed and decided. Official action, under the law, includes to 'make decisions or take final action.' ''

Council president Matt Price, and council members Art Harris and Valerie Swack were not copied on the e-mail. Harris and Swack said they were unaware of the correspondence. Unlike the other four councilors, Price, Harris and Swack are not seeking election in November.

Haak, Mundy and Papa defended their action, Papa the most testily during an exchange with Brant. Papa argued that because the county commissioners did not take any action concerning the bridge there was no violation of the law.

But, the commissioners did take an action about the bridge, delaying further discussion until the July meeting. That action came about when Jeff Wolfe, president of the Board of Commissioners, asked for the delay.

What the four councilors seem to avoid here, is that the four of them formally requested the commissioners to take an action, and the violation is because they did not decide this in a public forum, and consequently there was no record of what they did.

Papa can huff and puff all he wants about the timing of the e-mail, and the urgency of contacting the commissioners, but Ulmer was already on the commissioners' agenda, so why didn't the four amigos let her carry the message from Garcia?

Who Is Flip-Flop Mundy ?

Will the real Steve Mundy stand up?

Maybe he'll figure that out when he grows up.

At the Town Council meeting in April, a vote was taken on the Zionsville Transportation Plan, which had been forwarded to the council by the Plan Commission.

Included in that plan from the Plan Commission was a proposal to include the proposed I-865 interchange with Cooper Road, which was highly-contested by hundreds of property owners of the area.

The council voted 6-1 to reject the Plan Commission's recommendation to include the interchange in the proposed Zionsville Transportation Plan. Candace Ulmer was the lone dissenting vote.

According to state statute in cases such as these, when the Town Council makes a ruling, it is sent back to the Plan Commission for #1 approval, and or #2 rejection, or #3 recommendations to the Plan Commission..

So, now the Town Council its June 6 meeting has to either, #1 accept the Plan Commission action to add the Cooper Road/interchange, or #2, reject the Plan Commission vote to include the Cooper Road project and take it out of the Transportation Plan, or #3, wait for 60 days when the action of the Plan Commission becomes law, i.e. the Cooper Road/I-865 interchange is back.

At the May meeting of the Town Council, its' members voted to reject the Plan Commission's recommendation to include the Cooper Road/I=865 interchange in the proposed Transportation Plan.

Now, here's where the rubber meets the road for Flip-Flop Mundy.

At the April meeting of the Town Council, Mundy voted with the majority to remove the Cooper Road/I-865 interchange from the Zionsville Transportation Plan.

But, suddenly Mundy had an epiphany, or a call from the Pittmans, and in May, as an appointed Town Council member of the Plan Commission, he voted with the plan commission mummy-dummies to put the Cooper Road/I-865 interchange back in the Zionsville Transportation Plan.

Mundy's gave his Flip-Flop reason to The Indianapolis Star's Zionsville edition on May 19.

``Commission member Steve Mundy - who is also a council member who voted for the changes as a councilman - said his vote as a commission member to now reject the council's action, including council removal of the proposed interchange, does not mean support at this time for the interchange.''

Huh?

The story continued:

``He said more investigation needs to be done. . . '' blah, blah.''

If there is any investigation to be done, it should be ab0ut ``Flip-Flop" and what caused his about face.