Notes from the MCDA committee meeting are below, but
first, regarding due process.

Here is a theoretical scenario - I am NOT suggesting
that this is in any way representative of the current
situation, just explaining why I feel due process is
important:

. . . contrived scenario . . .
Someday, in the future, we have a City Council member
who is a thorn in the side of some group, so this
group decides to sink the CM politically. They decide
on a crime to accuse the CM of and find someone who is
willing to make an allegation - either for personal
reasons or for payment. They then get an agent who is
in their pocket to interview the CM. Several of our
intelligence agencies have done a great deal of
research into using manipulation, coercion, and drugs
to put someone in a suggestible or controllable state
and they use these techniques to secure a false
confession. If this is not viable, the agent simply
forges the confession and leaks it to the press.

>From the public perspective, getting our information
primarily from the press, this would not be very
distinguishable from the current situation, and the
group will have won (whether or not the CM is
convicted, they're pretty much done politically unless
they can prove the conspiracy). Part of the reason we
have due process is that executive agents do not
always act ethically.
. . . end contrived scenario . . .

Now, again, I am NOT in any way suggesting that this
is the case with CM Biernat. Our judicial system is
not perfect, but the protections provided by due
process do need to be maintained (or improved). While
the scenario was contrived, I am pretty sure that each
specific aspect has been used at different times in
this country for various ends.

Now to look at the current situation. Because of my
concerns about due process, I am not in support of
asking the mayor to demand the resignation of CM
Biernat. However, I do feel that it is appropriate to
suggest to the CM that he should resign.

There has been a call for people from Biernat's ward
to speak out. Due to redistricting, I have recently
found myself to be in that ward (barely).

Here's a proposed letter:

- - -
Council Member Biernat,

While we, your constituents, will not know the truth
of your innocence or guilt until the proceedings are
done, you are obviously aware of what actually
happened.

IF you are guilty of the crimes you are accused of, we
will demand accountability and consequence. We will
also demand criminal and civil accounting for the fact
that you have lied to us about your actions.

IF you are guilty of the crimes you are accused of,
expect suit for the following:

* Repayment of all wages, with interest, you have
earned as a city council member from the time you were
indicted and did not step down.

* Damages from any businesses these actions adversely
affected

* Additional civil and punitive damages.

As a member of the community you represent, be aware
that if you are proven to be guilty, I will fully
support any suits against you for these reasons.

If you are not guilty of these crimes, I would still
ask that you voluntarily suspend yourself from the
City Council and cooperate fully with the
investigation and proceedings so that this situation
may be cleared up as quickly as possible.
- - -

Now, on to the MCDA committee meeting last night.

I had not heard of the Boulevard project until I
attended the committee meeting yesterday.

I had not intended to go on list with this, but based
on some of the discussion I have read, there are a few
details I think should be pointed out. A lot of what I
have to say is vague as I wasn't taking notes and
didn't realize that this issue was a big deal, so if
anyone can confirm or deny what I'm saying, that'd be
good.

I do not have the information or expertise to form an
opinion either way whether this project should get TIF
financing.

I believe that the decision in front of the committee
was not whether or not to approve TIF, but to approve
$5,000 to do certain tests (details anyone?) to see if
the property and development proposal was eligable for
TIF. I am not certain if it was the city, the agency,
or the developers who would be responsible to pay the
$5,000, but the agency would be required to do the
study.

So I don't think that Lilligren and Zimmerman were
voting to approve TIF, they were voting to approve
further steps to see if the development was eligable
for TIF.

I believe that it is also significant to note that
Zimmerman had made a motion (seconded by Lilligren) to
postpone the vote so that there would be enough time
to review all the materials presented. The other three
committee members voted not to postpone.

It seemed like the developer did not make a great case
for themselves. They provided two documents - one was
a three page summary which was lacking in detail while
the other was a tome of data that would take the
committee members a very long time to read. They did
not have ready answers for several specific questions
raised by the committee.

There was also a question about a report that Benson
brought with him that the other council members had
not had the opportunity to review. Benson asserted
that the report made the case against TIF, but
Lilligren wanted more time to review it. He opinined
that at first glance, it appeared to support TIF.

CM Goodman seemed very hostile towards the developer
for requesting TIF on this development. Based on
snippets of conversation overheard after the meeting,
it sounded like this was based in part on past
discussions over this proposal - again, I don't have
the full history.

Part of the anger seemed to be because she felt that
if the developer wanted to make the project go, they
would wave the (~$300,000?) developers fee as has been
done on other projects by other developers. The
developer's response was something about the fee being
waived during proposal on those other projects but
then slipped back in on the final thing.

CM Goodman brought up what seemed like a number of
good questions, but I have to admit that her general
demeanor during proceedings predisposed me to feel
antagonistic towards her and support her opponents. I
have made an effort not to allow that to color my
perspective of what was actually discussed.

Ostrow, Benson, and Goodman raised a number of good
questions regarding the development, some of which
were not able to be answered immediately and others of
which seemed to support their concerns. Zimmerman and
Lilligren seemed to want to postpone the vote so these
questions and others could be looked into and
answered, but based on their votes, Ostrow, Benson,
and Goodman seemed to feel that the issue had been
discussed enough and wanted to vote to deny the
request.

One thing, I'm not sure about in the article was that
I thought there were 10 subsidized units in the
building rather than 15, but I'm not sure about that.

One thing in regards to the question of 542K for 15
units being a $36,130 per unit subsidy.

There were a number of other public monies already
being made available to the project (there was a very
odd discussion over whether or not a specific type of
funding was public or not - maybe someone else can
fill in the details on that).

I believe the figure came out to at least 1.7 million
dollars of public money going into the project. I'm
not sure if that included the TIF or not.

One of CM Goodman's objections was that the other
funds were already provided to make the housing
affordable so what was the TIF going to be used for?

Anyway, based on the meeting and the discussion on
list, it sounds like this development would be a good
thing and hopefully the developers will find a way to
do it either by raising funds, cutting costs, or ???.

In my opinion, if they intend to pursue the TIF
further they will have to prepare a better
presentation at their appeal with more specific data
regarding which aspects of the development make it
appealing for public funding (is there more than the
affordable properties?) and how much public funding
per square foot/per bedroom is going into the project.
They should also be armed with figures comparing
development costs in various neighborhoods and how
that figures into their costs for this project.

I think it may have been for the best had Zimmerman
and Lillegren's proposal to postpone the vote pending
further review had been passed, but I really don't
know enough about this one to be sure.

- Jason Goray, Sheridan, NE
(who doesn't like posting on stuff he doesn't know
much about, but felt that the additional figures and
details may be useful for the conversation at large)

Note to self: Next time, bring a notebook.

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