Friday, September 14, 2012

Council Prepares to Violate Law to Hear Mass Ave Expansion of Downtown TIF

The City's politically-connected developers want a bigger slush fund for their projects and they're not about to let a thing like the law get in their way.

Councilor Mary
Moriarity Adams
The City-County Council's agenda for Monday includes Proposition 15, the expansion of the consolidated downtown TIF district.  Pat Andrews of Had Enough Indy describes:
This is the proposal for which we know little beyond the foot print for the 112 acre expansion to the east and the 614 acre expansion to the west and a deal worked out behind closed doors between Deron Kintner and Vop Osili.
The only thing is that the proposal was dead when it was heard by the Metropolitan and Economic Development Committee.

Section 151-30 of the Revised Municipal Code requires that tabled motions be heard in six months or they are considered dead:
If a proposal is tabled by a committee and no action is taken to remove it from the table or to reassign it during a period of six (6) months, the proposal shall be deemed postponed indefinitely and shall be removed from the calendar of pending proposals.
During the Committee hearing on August 27, 2012, Vop Osili moved to untable Proposal 15.   (Start at about 1:30 of the video.)  But he tabled it on February 6, 2012. That is more than six months.

Get Microsoft Silverlight

Now some are apparently trying to get around Section 151-30 by saying Proposal 15 was just "postponed" not "tabled." Two problems there. First, the definition of "table" means to "postpone." (See definition #20 in  Second, Osili and the committee explicitly acted to "untable" Proposal 15. To try to now claim they were doing something else is incredibly disingenuous.

Another problem: Councilor Mary Moriarity-Adams, who seized control of the committee when Chairman Steve Tally left the room, screwed up.  She needed to: 1) hold a vote to untable the motion; 2) hold a vote to amend the proposal; and 3) hold a vote on the amended proposal.  She failed to do #2, i.e. the vote on amending the proposal.

If the Council proceeds to hear Proposal #15, without the proper procedure being followed, the door is being opened to a legal challenge. The best thing to do is to reintroduce it, as required by the rules, and have it sent to a committee for consideration.

1 comment:

Jon said...

Indy City Council, Why should a little thing like legality affect what I what to do?