On the Eye on Oshkosh website (registration required), Cheryl has raised a host of important questions that need to be answered, including:
- What is the exact wording of that provision and where is it spelled out in the term sheet? I have copies of what are supposedly both term sheets, though they look more like outlines of something than anything else and don't contain much, if any, legal specificity.
- The term sheet was modified in March of this year. Did the modifications include that same provision and if so, where can it be found?
- Who decides if the term sheet has "substantially" changed or not? Jackson Kinney? Warren Kraft? Richard Wollangk? All of the above? and wouldn't you think that a contractor underwriting some or all of the very project they're going to work on is a substantial change?
- There's been a lot of talk about "pay as you go" TIFs and those which are "direct pay." It's been well-documented that the "pay as you go" better protects taxpayers' interests. If this doesn't come back before the council, who decides which pay option developer Tom Doig and his friends get? Jackson Kinney? Richard Wollangk?
- Exactly how much of this project is C.D. Smith financing and why would a contractor finance a project like this? You'd think they'd want to MAKE money, not just break even. If they're underwriting it, where and how do they make a profit and how much of the grant money do they get?
- If C.D. Smith is getting some or all of the grant money available for this project, what is to prevent them from stopping the project partway through - basically taking the money and running? We've certainly seen other companies take our money and run, or have we forgotten Wisconsin Automated a few years ago? Different circumstances true, but the Common Council at the time operated on information given to them by Jackson Kinney and we all see where that ended up. I do not believe Mr. Kinney is as careful as he should be OR he simply doesn't have the taxpayers' best interests in mind.
- How did C.D. Smith automatically become the contractor on this project? It is being built in a TIF district with a lot of TIF money being funneled into it. Where is the competitive bidding on the job or is this yet another project where the public will be told bids can be waived? If so, I would like someone in the Attorney General's office or State Legislature to explain to us under what conditions bids ARE necessary.
14 comments:
Tony,
You and Cheryl made comments about competitive bidding on Five Rivers. I wonder if CD Smith found a loophole in the structure of the plan. I think open bidding was supposed to occur with the preliminary plans for the property, but once Doig's plan was accepted by the council, it is up to him who builds it. In addition, CD Smith is not listed as a contractor or subcontractor, they are listed as the financing company. As the financier, they can do what they want. It may be underhanded and unethical, but I doubt it is illegal as the contract is presented. Unfortunately, I don't think we can trust the city attorney to reveal if what Doig and CD Smith are doing is illegal or not. Maybe Cheryl could present that question to the full board in person instead of relying on one board member via email.
FYI, the recording did not reveal the deadline for breaking ground. Chery thought it was September 1 or sometime in September. The deadline is September 20.
Question: If the papers were two minutes late, are we legally bound to accept them?
I just listened to the recording. Tony does say Sept. 20 is the deadline.
Kudos to Cheryl and Tony for doing what the elected officials should be doing.
Kudos to Tony for the recall suggestion. It is practical, effective, and the expense minimal. Thumbs down to Cheryl for suggesting the most expensive option possible at a time when we are already sinking thousands into stupid developments and ridiculous fees. Incessant lawsuits may be up Cheryl's alley, but most of us are willing to take more intelligent suggestions. Cheryl needs to get her anger in check and look at this with a more level head. I wouldn't vote for someone who can't seem to work well with the majority of the structures in place. Unless Cheryl is planning to get rid of everything and everyone and start over, she needs to tone it down. No one likes a squeaky wheel, or in this case, shrieking banshee.
Tony, if you are serious about a recall, I'll help. Hell, I'd even vote for you.
Kathy, I didn't suggest a class action suit as the ONLY option.
You state I can't seem to work well with the majority of structure in place. You've based this on what? First I'm accused in some threads of selling out and changing my tune to basically be in the good graces of the local power brokers. Now I'm accused on this one of not working well with others. Tell you what, instead of relying on gossip and conjecture, I'd invite you to read minutes from the board of appeals meetings to see if I can actually get along with people or not. Then we can have a conversation based on reality.
I'm not sure I want a piece of your reality. I have followed different city committees and such. I have also read your blog and seen your show. It seems that you have one face for some people and another for others. You change alliances, many times with no rhyme or reason. Much of your banter is based on anger with no real thought or substance. At the same time, you enable and encourage people to express their worst both in opinions and emotions with infantile responses. Personally, I don't have much faith in anything you could present that defends your immaturity. The number of comments towards other people about being guttless, shallow, etc. is about all I can take. It is one thing to express an opinion, it is another to personally attack someone with vicious comments. You waste your time responding to anonymous dribble with equally reprehensible comments. That tells me you prefer to lower yourself to the level of a 5 yr old. You are a public figure who badgers other public figures into upholding a higher standard that you are apparently exempt from. You get defensive at the least bit of criticism and get extremely defensive at the remarks of an anonymous poster. You ability to discriminate what is real and what is unimportant and a waste of your time is extraordinarily suspect.
If the best you have for solutions to problems are lawsuits, I am sorry, I cannot in good conscience back nor trust anything you have to say. I do wish you well though.
Kathy, to each his own. Most can see this kind of retort and its familiar ring for exactly what it is. I wish you well, too.
On a personal note to Tony: You were absolutely right!! They have failed to disappoint!!
Isn't it interesting that Cheryl's last comment appears in multiple strands. Is that to emphasize that Tony and Cheryl are good friends and Tony agrees with Cheryl? Is that to intimidate those that have chosen to not take Cheryl's crap any more? Maybe it is a complement as failing to disappoint indicates that she is satisfied with the criticisms of her negative comments, expensive suggestions, and armchair quarter backing.
Whatever it means, it must bother you. Different people leave Tony personal notes but you have only gotten worked up enough about hers. Why worry about it? She surely doesn't seem worried about you.
Good come back. I guess you told him. How impressive. Your mother must be proud.
Both my parents are proud. My grandparents too. Then again, some parents have children like you.
Boys and girls! Stop debasing Tony's valuable blog with your sniping. I'm sure none of your parents would be happy with how your conversation has degenerated. Stick to the topic. It's more important than your personal grudges!
Tony is a first class act, I hope your show continues in fall. Keep us posted :)
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