Formal Complaint Filed Regarding Canyon Cliffs Ethics
Posted by Scott Spaulding - 7/16/08 @ 11:39 am - Filed Under Local Politics
Planners’ conflicts alleged
Ethics commission will look at Bodenhafer, Neumeister
(
News-Sentinel)
“Sixteen opponents of a controversial housing development have filed formal complaints against two Allen County Plan Commission members, alleging a conflict of interest has influenced their actions in the past – and possibly in the future.
The Allen County Ethics Commission could consider the complaints as soon as next week, but not before the plan commission’s expected vote Thursday on developer Mike Thomas’ Canyon Cliffs project, which would build 28 homes on 139 acres near Cedar Creek, one of Indiana’s three designated natural scenic and recreational rivers.
Critics allege that Commission President Chuck Bodenhafer has a conflict of interest because he helped approve new development guidelines used in the project and because he owns the land on which the homes would be built. They say board member Ken Neumeister, a friend of Bodenhafer, has a conflict because as owner of Liberty Construction Co. he could profit from any future building activity.
Both men could be removed from their appointed, unpaid appointments on the plan commission if the ethics commission rules they violated the county’s conflict-of-interest policy.”
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3 Responses to “Formal Complaint Filed Regarding Canyon Cliffs Ethics”
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This is the letter I have written to voters on Canyon Cliffs Proposal. A formal complaint on ethics is warrented.
Dear Voting Members,
I am sure you all have made up your mind before even reading this. I have read most of the material for, and against Canyon Cliffs. You should know that I have spoken with hundreds of people about this topic and have only found 2 that would approve this development. One told me, “A man can do whatever he wants with his land…he owns it.” The other told me, “Commisioners, Councilmembers and lawyers will decide what is in the best interest of everyone involved.” Everyone else is telling me they DO NOT approve of this proposal.
I have educated myself on the state of our rivers and streams since 2000 when I purchased a home next to the Maumee River. You cannot deny that Canyon Cliffs, if approved, will set prescedence for the future of building in environmentally “questionable” areas. Please do not let this happen.
I tried to make this short and sweet so you would read it before voting. Have a great day, I really pray you have everyone’s best interest at heart and hope for a positive outcome. If you want to know what I have been telling people, read the bottom too!
Save Maumee Grassroots Organization Founder
Abigail Frost
http://www.savemaumee.org
1901 Niagara Dr.
Fort Wayne, IN 46805
(260) 417-2500
Why should you vote NO on Canyon Cliffs?
The Canyon Cliffs Development wants to install a large city sewer pipe under the riverbed, tapping into our failing, 90-year-old sewers, already at maximum capacity.
“Sewage Overflow Reduction and Long Term Control Plan,” executive summary states, “Fort Wayne’s combined sewer system overflows about 71 times in an average year, releasing more than 1 billion gallons of raw sewage mixed with stormwater into our waterways from 44 locations. The EPA allows only 5 sewer discharges per year so Fort Wayne (taxpayers) are being fined $269,990 and spending an additional $484,542 for using supplemental environmental projects like “raingardens”. It was determined that the plant’s primary facilities could handle 60 million gallons per day (MGD) and its secondary facilities could handle approximately 85 MGD, [according to a 1994 Sewer Master Plan.] yet today the sewers are discharging every 5 days on average. Almost EVERY single time it rained last year, the sewers were discharging the raw sewage/stormwater mix. If Fort Wayne taxpayers want to pay for another large water usage and a high-impact development, let’s pay off the $240 million WE are already spending to separate sewers over the next 18 years before agreeing to Canyon Cliffs. Tapping Fort Wayne sewers or adding to the already failing septic tank trouble will be problems downstream: gallon for gallon.
The Canyon Cliffs / Cedar Creek development with its large water usage and impervious surfaces will also contribute to the deterioration of the natural habitat in that area. Directly downstream from Cedar Creek is the St. Joe River where 300,000 people get their drinking water. St. Joe flows directly into the Maumee River . The Maumee is the largest contributor of nonpoint source pollution in Lake Erie , depositing five million tons of eroded soil that contains Mercury, heavy metals, pesticides, fertilizer, toxic chemicals, E. coli and other forms of potentially harmful runoff into our largest fresh water source in the world. The proposed footage of buffer zones in Canyon Cliffs Proposal will not sustain our already troubled water!
“Scientists have told us that the Great Lakes are on the brink of ecological breakdown, and we know that two of the key reasons are heavily polluted rivers that feed the Great Lakes and severely depleted wetlands and streamside vegetation that used to filter out contaminants,” said Sam Speck, former head of the Ohio Department of Natural Resources.
Depleting the remaining stable banks will contribute to erosion and sedimentation in
Cedar Creek and downstream. The surrounding streambanks and natural wetland areas, are themselves, natural defenses and cannot be replicated elsewhere.
The natural landscape acts as a protective natural sponge by capturing, storing and slowly releasing water over a long period of time, thereby reducing the impact of floods and slowly cleansing and releasing freshwater; all while providing areas where wildlife can flourish. Cedar Creek Wildlife Project Inc., (since 1965) has found that “neotropical songbirds” only have two remaining forested expanses of sufficient size to provide resting and nesting habits. One is the forested dune and swale area of Fox Island County Park . The only other place is the Cedar Creek forested cayonlands for species like the yellow warbler, catbirds, wood-thrush, barn swallow, Baltimore oriole, and red eyed vireo.
In 1988 Cedar Creek was home to 27 species of freshwater mussels. Ten years later, only four of 26 species previously identified near Cedarville could be found; and near Waterloo , only six of 11 previously identified species were found. What happened to cause such a drastic decline? The USGS study compared Cedar Creek with two other streams in the St. Joseph watershed. Both had shown declines in mussel diversity but still had more diversity than Cedar Creek. This study found that Cedar Creek had high concentrations of certain contaminants, especially phosphorus, [yard fertilizer] at sites where mussel concentrations were lowest. Other factors like stream-channel stability may also affect mussel populations. Young mussels are especially vulnerable to contaminants in streambed sediments, making pollution the most likely explanation for the loss of mussel diversity in Cedar Creek.
Source: United States Geological Survey, What Makes a Healthy Environment for Native Freshwater Mussels? Fact Sheet 124-00 (October 2000).
Fishermen are also affected by statewide fish consumption advisories that warn against eating fish caught in Indiana waters. 208 Indiana waters are listed as “impaired,” including Cedar Creek, by the Indiana Department of Environmental Management (IDEM). It warns consumers that River Chub over 4 inches and all carp should never be eaten.
Even if one does not particularly care if a few birds, muscles or fish are displaced it is simply a snapshot of the water quality in our area.
Our goal should be to improve wildlife habitat and water quality in our area! Right? The St. Joe/Maumee Watershed was once a largely forested swamp; today it is 85% developed farmland and housing. Only one-fourth of the original wetlands remain after 4 generations.
Cedar Cliffs also goes against Plan-It Allen and Public Policy!
By Abigail Frost
Jeff,
Do you have a link or copy of the “county’s conflict-of-interest policy” as referenced in the excerpt above?
Might be good for folks to have an informed basis on which to form an opinion on any conflict of interest or ruling by the Allen County Ethics Commission on the complaint filed.
Also, who is on the Allen County Ethics Commission, and how’d they get there? Wouldn’t be surprized if there are potentially more connections.
Fred,
My guess is this is the county law they’re basing their complaint on:
Here’s a link to the Ethics Commission’s webpage:
The funny thing is the ethics commission is essentially a committee of one now. Tom Hardin said he won’t vote on the matter and Suzie Hoot recently resigned from the commission. I guess that leaves Judge Ryan.
So if any of you out there would like to serve your community then submit your name as a replacement for Hoot on the ethics commission…