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Carmel councilors want final say on city's debt

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After seeing a detailed accounting of nearly $249 million in debt issued by the Carmel Redevelopment Commission, a group of city councilors is moving to bring that entity under council control.

Carmel City Councilor Eric Seidensticker on Thursday morning proposed an ordinance that would require the council to sign off on any additional debt. Such an ordinance would be more restrictive than state statutes as interpreted by Indiana Attorney General Greg Zoeller.

Indiana redevelopment commissions need approval from a common council to issue bonds, but Zoeller said in a 2010 opinion that the statutes don’t apply to other forms of debt. The Carmel Redevelopment Commission has issued $140 million in contracts, certificates of participation and installment purchase contracts, all without council approval.

The commission’s debt load is no secret, but the council only recently received a full accounting.

“They’re running so close to the edge,” Seidensticker said. “They don’t have the wherewithal to create a bond or create permanent financing.”

The redevelopment commission received $21 million in tax revenue from the city’s expansive tax-increment-finance, or TIF, districts in 2011. Applying that amount of revenue to all its debt-service obligations this year will leave the commission with $5,929, according to a projection the commission shared with the council.

Carmel Mayor James Brainard, who appoints most of the commission members, has pointed out that the city’s residential tax base is not paying for any of the redevelopment commission’s projects, including the $175 million Center for the Performing Arts.

Rising to its defense at the March 5 council meeting, Brainard noted that the commission's annual operating expenses, budgeted at about $6.6 million this year, do not come out of the city’s general fund, as they do in other cities. He also pointed out that none of the debt horizons are longer than 25 years.

Brainard could not be reached Thursday morning for comment on Seidensticker’s proposal.

Seidensticker thinks he has a good chance of avoiding Brainard’s veto because the ordinance is sponsored by five of the seven councilors. The other four sponsors are Council President Rick Sharp, Luci Snyder, Kevin Rider and Carol Schleif.

Sharp contends that the redevelopment commission could benefit from council oversight because the council might be willing to pledge property-tax revenue to refinance some of the debt. That would free up TIF revenue for future projects.

About $40 million of the debt carries interest rates ranging from 7.75 percent to 9.25 percent, and the commission is making interest-only payments on about $80 million.

“It’s wasting money to avoid bringing these issues to the council,” Sharp said.

Yet, it was the council’s opposition to further financing for the Center for the Performing Arts that pushed Brainard and the redevelopment commission toward more creative financing in the first place.

Sharp is one of the councilors who opposed building a $12 million parking garage, just as the Palladium concert hall was nearing completion. “I believe that’s the beginning of the financial fall,” he said. “We turned down the method of financing.”

City councilors aren't the only ones wary of redevelopment commission activities. Sen. Luke Kenley, R-Noblesville, has sponsored a bill for the past two years that would require city and town councils to sign off on debt issues. This year, Kenley said he's disturbed by the fact that redeveloment commissions, which are not elected, can control large portions of a city's tax base, and he said in some cases they're operating as "shadow governments."

Kenley's bill died in the House.

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  • Brainard's comment intentionally misleading
    I live in this community. When Mayor Brainard says residents do not pay for this debt, he is being very disingenuous and he knows it. The way it works is certain districts are earmarked with the TIF designation. Then the taxes for all new growth can be allocated to paying off whatever the redevelopment agency obligated that debt for. So residents and existing businesses are responsible for the growth of city government required to pick up the tab for new services, since the TIF isn't paying for schools, fire, police, and other services that new growth is consuming. To make matters worse, they slapped that TIF designation on some of the most desirable real estate in the state, where growth was inevitable anyway, but the increment isn't base-lined against the growth trend.

    By the way, millions of dollars worth of contracts go to contractors with "special" connections such as campaign contributors. And as for anything they want to spend that money on but can't for legal or political reasons? They "grant" millions more each year to a made-up organization called the 4CDC, whose job is to disperse the money off the record. We have absolutely no idea how millions of our city tax dollars are spent each year through this quasi-governmental agency.
  • Really?
    Does the City Council really know the total debt accrued by the Carmel Redevelopment Commission? The only way the City Council can get a hold on all of this is to audit the whole shebang. Bring on the lawyers.
  • Education
    Am wondering where the funds went that were paying for our children's well rounded eductaion. Carmel schools stopped teaching Spanish in the elementary schools. Did Carmel sacrifice education for downtown glitze???
  • Stop the Madness
    If they put one more statue in Carmel, someone's going to go postal. I read about another one in today's paper. What a total waste -enough already!!! I think we need to wait at least 5 years for the Performing Arts Center to run and see how much it bleeds before they spend any more of my money! Interest only on $80 million in loans - isn't that how the mortgage crisis and implosion of our economny began?
  • Falling down...
    The entire thing is a house of cards. Maybe something will finally stick to the mayor for once.

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  1. The Fringe! Plus, the simple fact that there are so many local faves in such close proximity to each other.

  2. I remenber, watching the toll road, being built, through South Bend, when I was 10 years old. I believe, back then that it was estimated, that the toll road, would be paid for in 20 years and then it would be free. I am now 71, what happened? Since the power is in the people, by that, I mean that, we the people are in total control of everything. I, suggest that no one ever use the toll road again, let it go broke. We the people can control the price of everything, from groceries to gas, if we would just do it. If we don't pay the asking price, the sellers will lower the price and if we wait awhile, they will lower the price to what we accept as reasonable. I would like to know why a highway like interstate 94, is so well maintained, a much better highway, than the toll road, but has no tolls. I would also like to know why, a sitting governor, with a term limit, maximum of eight years, can lease, public property, for 75 years. Even though I have transponders in both of my trucks and will not be affected by the increase, I have been and will contine to avoid using the toll road. I make many trips from northern Indiana to Chicago, every year, and I prefer the better highway, I94!

  3. Coming from her background,she should be used to those kinds of advances! Menard probably figured it was ok to tuck a buck!

  4. I'm still waiting for the list of available, high quality apartments in the Village.

  5. This criminal masquerading as a lawyer obviously has serious issues. He’s been proven by his own testimony to be a pathological liar and probably has a personality disorder as he seems to be constructing a reality around himself. He places no value on truth, honesty or loyalty as evidenced by what he has done to his clients and his own family. And by the demands and lies he has made in court, it is evident he feels entitled to do and say whatever suits his purpose and everyone else is expected to nod obediently and believe him because he is, after all, Bill Super Lawyer; or BS lawyer for short. This millionaire wanna-be no longer owns anything of value; he squandered it and put everything he had into foreclosure. He has no money, house, car, boat or vacation home left to show for what he earned or what he stole. He’s just another loser without morals who will be doing time. I’m certain all of his courtroom shenanigans are antagonizing his poor victims. As Lamar said, his behavior and claims in court have been outrageous. The judge needs to be more than concerned; he needs to be judicial and end this nonsense.

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