O'Fallon Watchdog

WARNING: THE JOURNAL HAS BEEN FOUND TO REPORT FALSE INFORMATION

noreply@blogger.com (O'Fallon Watchdog) — Tue, 12 Feb 2008 22:55:00 +0000

From: Wake Up Call Missouri
February 10, 2008.

If papers were required to warn their readers of the dangers of their product as other products are, the Suburban Journal would be required to place in big bold letters the following; WARNING: THE JOURNAL HAS BEEN FOUND TO REPORT FALSE INFORMATION. As I have reported in detail (Does the O'Fallon Journal have a credibility problem?) the O'Fallon Journal has not only failed to report on the actions of one of its biggest advertisers, McBride & Sons, in illegally destroying a public road but the Journal has actually reported false information on this story. Despite having been fully informed of the truth, the Journal continues in its attempt to protect the guilty parties.

In an article dated February 9, 2008 entitled Koch Road Case Continues, the writer, Elizabeth Perry reports,

Last year, St. Charles County Circuit Judge Lucy Rauch determined St. Charles County was wrong in deeming the road "useless" a decision that led to the destruction of that portion of road and homes being built on the property.

A reader unfamiliar with the facts (i.e. readers of the Journal and Post-Dispatch) are led to believe that St. Charles County's finding that Koch Road was "useless" allowed McBride & Sons (and the developer Hyland Green) to tear out the road. This is absolutely false and Ms. Perry and her editor Erin Schultz are aware this is false. However, by reporting the story in a false light the Journal is able to protect McBride & Sons from further exposure of its illegal actions.

The Journal promotes itself as providing "the most comprehensive coverage" of the St. Louis area. Journal readers should be warned that the Journal's "coverage" is limited to news, whether true or not, it wants to report.

Watchdog Response: As you will read in the introduction on the Headline page. One of the reasons the O'Fallon Watchdog was created was to get you the information that area publications leave out. Whether done purposely or because of sloppy journalism we feel it's important that you know the truth. Click on the Wake Up Call Missouri link above and you will see Mr. Fischer has had an on-going battle with the Journal and their style of journalism. Or Click Here to Read another Questionable Story.

Madam Mayor (flip) flops on You Paid For It

noreply@blogger.com (O'Fallon Watchdog) — Fri, 01 Feb 2008 13:05:00 +0000

From: Wake Up Call Missouri
February 1, 2008.

Elliott Davis and the You Paid For It crew paid a visit to O'Fallon Mayor Donna Morrow last week to discuss the city's role in the ongoing Koch Road scandal. I will be posting a copy of the story once it becomes available on the Fox 2 St. Louis web site. In the mean time I have set out below (as best I could since Morrow constantly interrupted Davis) the questions asked by Davis and Morrow's answers, but first let me provide some back ground:

Four families bought homes (estimated at $300,00) from McBride & Sons that were built on a public easement upon which a public road, Koch Road, ran. St. Charles County had voted to vacate the road under certain conditions (conditions which have not been met) and a group of residents filed suit to stop the county's action since it was in violation of the law. McBride and the developer, Hyland Green, illegally tore out Koch Road while the lawsuit was pending. McBride did not have any rights to the easement at that time but they wanted the land to build houses so they simply ignored the law and proceeded. The homeowners allege they were not told by McBride that their houses sat on a public easement and now their homes are all but worthless since they cannot sell or refinance them. In addition, the Judge ruled that St. Charles County's attempt to eventually vacate the road was unlawful since Koch Road was still useful to the residents.

At the direction of Mayor Morrow, city staff had originally followed the law and refused to issue building permits to McBride (flip.) (I know this would seem obvious but when the favored builders/developers ask for something in St. Charles County the law is rarely an impediment.) However, after the appointment of Bob Lowery as City Administrator, Morrow and the city changed their position and issued McBride building permits to construct homes on a public road (flop.) Davis' story focused on this decision. Here are Davis' questions and Morrow's answer with my comments in red:

Davis: Why did you issue (building) permits when this land was still tied up in litigation?

Morrow: First of all we issued the permits before the Judge made her ruling so it was not tied up in litigation. (Wrong. The case was tied up in litigation as Davis points out in his follow up question.)

Davis: But it was still the subject of a court case.

Morrow: Elliott we're a political subdivision of the state just like the county is. (Interrupting Davis) So we have certain, there's a whole (pointing), there's 20 volumes of what we have to do according to the state. (Um...Well yea...OK...I'll bet there wasn't 20 volumes) So the county and the city have done their duty. (The county went out of its way to give land to a developer and violated the law in the process. The city went out of its way to allow the builder to illegally construct homes and violated the law in the process. However, maybe Morrow believes it is her duty to help out her political friends.)

Davis: Madam mayor I'm trying to ask some key questions here, my key question is why did the city issue building permits to... ?

Morrow: (interrupting) Because we had the authority to, because we had the authority to. (Wrong, Wrong. Of course, the law does not give O'Fallon the authority to issue building permits on a county road and doing so is actually in direct violation of the law. Caveat; I have not read the special set of 20 volumes of things O'Fallon has to do which Morrow keeps in her office. I can only say that those "20 volumes" do not apply anywhere outside her office.)

Davis: Was that a mistake?

Morrow: No it was not a mistake. (Well, in Morrow's defense, Davis did not ask a mistake in whose mind. I'm sure it was not a mistake to McBride, or Hyland Green, or Morrow's assistant, campaign supporter and friend of the developer, Carl Maus. However, if he meant a mistake in the eyes of the citizens and the law Morrow was absolutely wrong.) (interrupting Davis) According to the state statutes we had the full authority to issue it, whether or not it was pending in litigation or not. (OK Madam Mayor, now you are starting to bore me. Everyone repeat after me...WRONG.)

For those interested in the full story on Koch Road I have linked all of my posts about it on the right. As for you Madam Mayor, I want you to think about a suggestion I made to you shortly after you appointed me. Now would be a good time to follow my advice.

Watchdog Response: What more could the Watchdog add to Mr. Fischer's commentary other than Mayor Morrow's is like the weather is St.Louis. Just wait long enough and it will surely change or in Morrow's case FLIP - FLOP. I guess thats the advantage of having a political science degree?

O'Fallon residents continue to pay cost of corruption

noreply@blogger.com (O'Fallon Watchdog) — Sat, 26 Jan 2008 03:17:00 +0000

From: Wake Up Call Missouri
January 25, 2008

The widespread corruption that plagued the City of O'Fallon during the administration of former Mayor Paul Renaud(and current Council President Bill Hennessy, pictured to the right) continues to cost the taxpayers of O'Fallon.
In a story which appeared in the Post-Dispatch today it was reported that:

In a ruling handed down last week, Circuit Judge Nancy Schneider said that under a June 2004 agreement between the city and Public Water Supply District No. 2, the water district exclusively controls new sanitary sewer users. Barring a reversal on appeal, the ruling means city officials won't be able to stop sewage from several customers, including the Meadows at Lake Saint Louis, a shopping center scheduled to open its first phase in August.

O'Fallon City Administrator Robert Lowery Jr. placed a freeze on hookups into the sewer system last fall because officials said the city's aging wastewater treatment plant on the north side of town was operating at capacity. Its discharge risked exceeding environmental standards, officials said.

The Meadows isn't the only new customer affected by the ruling. Schneider ordered the city to immediately take all measures necessary to ensure that its treatment facility has adequate capacity to receive and treat all wastewater transferred to it by the water district's users, present and future.

The end result of this will be that the taxpayers will be forced to pay the costs of upgrading the system to increase the capacity. How is this related to corruption? During Renaud's tenure the city gave away tap ons to our water and sewer systems to the preferred developers and builders. One of the builders who benefited from this was Renaud's employer McBride & Sons. The bill for these illegal giveaways has now come due.

When paying their taxes the residents of O'Fallon should be sure to remember to send Renaud a thank you note and while you're at it don't forget to include a note to Hennessy and former alderman (and current council candidate) Mark Perkins who supported giving your money to the developers. This is but one example of many Renaud/Hennessy/Perkins provided to developers/builders and we will be paying for this for years to come.

Watchdog Response: Isn't amazing Bill Hennessey continues to get re-elected despite the damage he has done to our city by looking after the interest of his buddies and campaign contributors? He is currently trying to put the old team back together with Perkins running for office in ward 1 and the Charter commission. His wife is even running for the Charter commission. Apparently he doesn't have enough support to bring his buddy former police chief Steve Talbott back. I guess Christoff is one of the folks standing in the way. Must be why the Water and Sewer plant is in such a mess and nothing is still being done about it. I guess its because fixing them wouldn't benefit Bill's buddies or campaign contributors.

Susan Montee's audit of St. Peters should be investigated

noreply@blogger.com (O'Fallon Watchdog) — Sat, 26 Jan 2008 03:05:00 +0000

From: Wake Up Call Missouri
January 24 2008

The St. Peters audit is in and if you listen to what Montee had to say, rather than what she wrote, you might think St. Peters is the standard by which other cities should be measured. If that is the case we should all throw in the towel. Of course, based on Montee's comments, St. Peters issued press release which claims nothing wrong was found in the audit. To make matters worse the media picked up on this theme and reported Montee found St. Peters was clean.

First, I suggest everyone read the report and come to their own conclusions, since what has been reported as the facts are not true. Then I suggest you take a look at the Government Auditing Standards (GAS) to which Montee was required to conduct the audit. I do not profess to be an expert in regard to government auditing but Montee's poor audit is as evident based on common sense as it is from reading the standards. I will be posting more details about the audit in another post but let me give you one example of what Montee believes is a clean city.

St. Peters is involved in a project known as Lakeside 370. The city began purchasing land for the project in 2000 and has purchased 1552 acres for a total of 9.1 million. Montee reports that the city did not obtain an appraisal on some of the land purchased, most notably 98 acres which was purchased from former mayor Tom Brown's son-in-law. (Montee did not mention the name of her fellow Democrat Brown but instead said one sale "involved a related party to the mayor in office at the time") Therefore, the average price per acre for the land obtained from those not related to Brown was $5,227.00 while Brown's son-in-law received $15,306.00 per acre.

Montee offers no explanation for the large difference in price per acre and, for the most part, ignores this clear conflict of interest.

The GAS provide as an example of abuse the following:c. Misusing the official's position for personal gain (including actions that could be perceived by an objective third party with knowledge of the relevant information as improperly benefiting an official's personal financial interests or those of an immediate or close family member...)

The Brown land deal is a perfect example of "abuse" under GAS but to avoid making such a finding Montee simply ignores this part of her job. In the report Montee states "because the determination of abuse is subjective, our audit is not required to provide reasonable assurance of detecting abuse." Huh? I think this means Montee won't tell on her fellow Democrat Tom Brown.

Watchdog Response: Corruption comes in many forms. Forms that a performance audit may or may not uncover. Wake Up Call Missouri brings up very good points. I can remember in O'Fallon two months after the state auditor did her audit. The Budget Towing episode happened and the cities special counsel Rick Fischer uncovered a treasure trove of information on corruption in O'Fallon. Visit the Looking Back section and play the video "The Renaud/Hennessy Administration Exposed" to hear what he uncovered after O'Fallon's own state audit. Items that our state auditor seam to have missed.

Audit report won't be televised

noreply@blogger.com (O'Fallon Watchdog) — Tue, 22 Jan 2008 22:20:00 +0000

By Latreecia WadeSaturday, January 19, 2008 1:16 PM CST
The state auditor's office will present the results of a seven-month audit of St. Peters during a special meeting Wednesday - a meeting that won't be televised, despite some residents' requests.

"This is a community thing, a very important meeting and this is the first time something like this was done in St. Peters," resident Ed Appelbaum said Thursday.

State Auditor Susan Montee is expected to deliver a report about the audit at 7 p.m. Wednesday in activity rooms A through D at St. Peters City Hall, located at 1 St. Peters Centre Blvd.The audit came as a result of a resident petition that garnered 2,786 signatures. The audit began May 29, 2007, and lasted through December, said Lisa Bedian, a city spokeswoman.

Appelbaum said he and other residents have wanted the city to be audited for a long time.

"We went through one administration with (former mayor) Tom Brown and we have never had a state audit," he said. "We thought (subsequent former mayor) Shawn Brown was going to start one, but that didn't happen."

Appelbaum and Sandy Waters, another city resident, requested during the Jan. 10 Board of Aldermen meeting that the city televise the audit meeting."

As a member of the audit committee, I would like to ask that it be televised," Waters told the board. "The public will (only) get a snippet from the newspapers.

"During the meeting, Mayor Len Pagano said he was not sure if the audit meeting could be televised or taped by the city because it is being led by the auditor's office.

"This is their meeting and not the mayor or any aldermen's. We will be sitting in the (same) seats (as other city residents)," Pagano said. "I am not sure how this will work. We have to ask the auditor."

On Friday, city officials release a statement announcing that the audit meeting would not be televised.

That statement read:

"Because the state Auditor's meeting is not a city-sponsored or -run event, we legally cannot provide the televising and recording services at no charge. We agreed to televise the presentation when requested to do so by the auditor, however, we advised them we would have to charge for the service.

"Over the years we have not provided free video services for a non-city-sponsored event. It is our understanding that the meeting merely serves to announce the availability of the detailed report and allows the opportunity for questions to be asked of the auditor."

Samantha Brewer, a spokeswoman for the auditor's office, said Thursday said the auditor's office would have no problem with televising the meeting. But the city's statement said "the state auditor's office advised us in writing that they 'cannot authorize state resources to be used to tape this meeting.'"

The cities of O'Fallon and St. Charles televised their state audit meetings, which were separate from regular city council meetings, officials from those cities said.

The city must pay for the audit, which is expected to cost about $20,000, Brewer said.

Alice Fast and Carl Zilch, representatives with the state auditor's office, met with Pagano and members of the board in December when the audit report was drafted. That meeting gave city officials the opportunity to ask questions and make comments about anything they wanted clarified in the draft, Brewer said. Their remarks became a part of the final audit report.

"I am very pleased with the audit and I think that you will be, too," Pagano said during the Jan. 10 board meeting.

Alderman Don Aytes, Ward 4, said he is looking forward to the audit meeting.

"I think you'll see a lot of smiles when the auditor reads the audit," he said.

Appelbaum said because city officials seem confident about the audit's outcome, they should be willing to share it with residents via television.

"If it's a positive report, then all the more reason for the city to televise the findings," Appelbaum said. "It seems like they are making a mountain out of a molehill."

Pagano said Thursday that he had no objections to televising the meeting.

"I don't care if it's televised or not, but it's the state's meeting," he said.

Appelbaum said that if the meeting were televised, residents who might not be able to make the meeting could watch it at their leisure.

"The taxpayers paid for this audit and it would be a great time for them to ask questions of the state officials," Appelbaum said.

Free copies of the auditor's report will be available at City Hall after the meeting, and officials plan to have a link to the auditor's report on the city's Web site, www.stpetersmo.net.

To comment, visit suburbanjournals.stltoday.com.

WANT TO GO?

What: State Auditor Susan Montee will deliver a report about her office's audit of St. PetersWhen: 7 p.m. Wednesday

Where: activity rooms A through D at St. Peters City Hall, 1 St. Peters Centre Blvd.

Watchdog Response: The City of St Peters should televise the audit results. Those citizens who are handicapped, elderly, ill or who work a night-shift may not be able to attend the live meeting. The city will broadcast the OLD TYME PICNIC but they choose not to broadcast the audit results. It is the citizens business how our tax dollars are being spent. Open Transparent Government is what we should demand. St Charles televised their Audit results as did O'Fallon. Every effort should be made to ensure this is done in St Peters . If not we should question why?

St. Peters Watchdogs beware. When the state auditor came to O'Fallon they only confirmed what a local citizen group who called for the audit already informed them about. They failed to uncover anything new even though they extended their time in O'Fallon. Makes you wonder how hard they looked for wrong doing?

City Council rejects Wal-Mart retention pond

noreply@blogger.com (O'Fallon Watchdog) — Mon, 17 Dec 2007 01:18:00 +0000

By Elizabeth Perry
Saturday, December 15, 2007 12:27 PM CST

The O'Fallon City Council on Thursday blocked a plan that would have enabled Wal-Mart to build a retention pond on a lot in a subdivision in St. Charles Unincorporated County.

The City Council voted to reject the annexation of 302 Ernst Place, a single lot in Fort Zumwalt, where the company planned to build a pond to capture water run-off from a Wal-Mart parking lot.

"I think it's great-they don't need it to ruin everyone else," Darlene Winkelman, a resident of the subdivision for 50 years, said. Residents of the subdivision showed up in force to the meeting wearing hand-made tags proclaiming their opposition to the project. They also distributed informational handouts.

The lawyers representing Wal-Mart and THF Realty, the company that owns the site of the proposed retention pond, also had a sizeable presence at the meeting.

The measure to annex the lot, where an unoccupied house now stands, failed with a seven-member majority voting against.

Bill Hennessy, Ward 4, was the lone yes vote.

Plans for the project were approved by the O'Fallon Planning and Zoning Board on Sept. 6, but were contingent on the O'Fallon City Council voting to annex the single lot.

Neighbors said THF Realty paid triple the cost of the house. They said they feared the retention basin could be a health hazard.

Deborah Greider, attorney for the subdivision residents, helped change the deed of dedication to forbid building open sewage or drainage in the neighborhood, in the hopes of throwing up a legal road block to the annexation and ultimately the retention basin.

Watchdog Response: The Watchdog is very proud of how well this group organized and got their message out. Including a well put together website. www.responsibleofallon.com

However the elected officials voting NO to the annexation may have been more concerned about the upcoming April election than being a good neighbor. So don't be surprised if this annexation doesn't come back up after the election. THF has supported many of these elected officials campaigns and they do that for a reason.

The final vote was quite a surprise since the voting block has been Hennessy, Haman, Schwentker, Lucas and Conley with (Haman, Christoff, Schwentker and Conley are up for re-election in April) Gardner being a little unpredictable and Christoff being a total wild card. Yelich has been consistent in representing the citizens best interest and himself has taken no money from special interest. Unfortunately Morrow seems to take the position of the last person who was able to have an audience with her.

Also the homeowners of Fort Zumwalt Heights might want to consider making an offer to THF/ Wal-Mart. Maybe the homeowners would approve the basin if THF / Wal-Mart made some type of fair and equitable payment to each of the homeowners of the subdivision along with letting these folks have more say on how it's developed. If they allowed this basin maybe make it a wet basin so it held water and fish all year and have the area properly landscaped like a park.

But don't hold your breath because it is much cheaper to buy elected officials that do the right thing by the citizens.

Residents Act to Keep Out Wal-Mart’s Detention Pond

noreply@blogger.com (O'Fallon Watchdog) — Thu, 06 Dec 2007 01:45:00 +0000

The O’Fallon Wal-Mart is seeking to expand its store by 75,000 sq. ft. The site plans call for the existing “detention basin” behind Wal-Mart to be nearly paved over, and a new commercial “detention pond” to be constructed across four-lane Highway K in the residential neighborhood of Fort Zumwalt Heights in unincorporated St. Charles County.

Left with no alternative, residents of the Fort Zumwalt Heights subdivision recently voted to change their deed covenants in an effort to block the City of O’Fallon from placing a Wal-Mart detention pond in their quiet neighborhood.

In 2006, before the expansion plans were known, Wal-Mart’s real estate arm, To Have Fun (THF) Realty, purchased a single residence at 302 Ernst Place for double the market value. THF and Wal-Mart are seeking to demolish the home and place a commercial detention pond on the property, which adjoins nearby Belleau Creek and is feet away from neighbors. THF is also asking the City of O’Fallon to voluntarily annex the property.

On Thursday, residents will discuss their plans for challenging both the detention basin and the annexation.

The City Council is scheduled to vote on the annexation at their December 13th meeting.

Who: Residents of Fort Zumwalt Heights and a local attorney
What: Walk-through of proposed site for Wal-Mart detention pond
When: Thursday December 6, 2007 at 11:00 A.M.
Where: 302 Ernst Place O’Fallon, MO

For more information or directions, please contact:
Bud Jefferson
303 Ernst Place
O’Fallon, MO
636-240-5851

Watchdog Response: This was submitted by one of our readers who is trying to get the word out about this development and the effect it will have on their neighborhood. The Watchdog has the deepest admiration for these residents and their efforts to protect their best interest. Now we will see whose best interest the elected officials are looking after.

Anonymous attacks on Morrow are coward's work

noreply@blogger.com (O'Fallon Watchdog) — Mon, 17 Sep 2007 00:52:00 +0000

By John Sonderegger
ST. LOUIS POST-DISPATCH
09/16/2007

Now I know I've been picking on O'Fallon Mayor Donna Morrow a lot lately, but not today.I don't know why she lost her job shortly before she was elected mayor in April 2005, but she also lost her health insurance.Some cities in St. Charles County, such as St. Peters and St. Charles, include elected officials in benefit packages for regular employees.But O'Fallon does not cover the mayor. So Morrow needed to find a way to pay for her post-employment COBRA benefits after the election.She accepted what she considered a loan from Tom Wilkerson, owner of the Trigg Banquet Center, who paid her monthly $280 COBRA bills. Morrow said she was unaware that Jim Blechle, owner of the O'Fallon Plaza shopping center along Main Street, also contributed a few hundred dollars for her coverage.The checks went directly to her former employer, a marketing company called the Gabriel Group.Morrow says she paid off a final loan of $3,525 — about $600 more than the amount listed by the Missouri attorney general's office, which investigated an ethics complaint about the issue.The state ethics commission dismissed that complaint late last month.Morrow says the entire process was like a kangaroo court, considering that the complaint was filed in February of last year and that a state law shielded her and the public of the accusations and whoever made them. That law since has been changed.Making matters worse, the state tried to get her to pay a $500 settlement and to admit she broke a city rule forbidding the acceptance of gifts of more than $25.She refused to settle and asked for a hearing before the commission. Hearings were scheduled but postponed and never held. Then the issue was dismissed.Morrow says she has spent $2,500 in legal fees and that she intends to have her attorney press the commission to release the name of the person who made the original complaint against her."Where are my due process rights?" she said in an interview with the Post-Dispatch. "I want my right to face my accuser."Morrow also has received scurrilous letters and messages accusing her of breaking the law, a la Shawn Brown. Of course, this slop was sent to her and her assistant, Carl Maus, anonymously. They received 12 such letters, many of which implied she was going to jail, before it was reported that the ethics complaint had been dismissed.Since then, she has received two more letters. One had a hangman's noose and gallows, with the words, "Got Jail," as in "Got Milk." A letter received Thursday said, "Ethics will only embarrass you, the jailhouse will come from your corruption."This whole situation smells. I know St. Charles County has a lot of big-time developers who didn't want to see her become mayor. She has her suspicions that she lost her job because someone, perhaps a developer, wanted her fired."They told me they thought I was going to win the election and they didn't think I could do both jobs," Morrow said.And, she said, she did not know when she ran for mayor that the city wouldn't offer health insurance to whoever was elected. After she lost her job and was elected, she was in a difficult spot without health insurance. So she accepted the loan to pay for it, and then came the ethics complaint. Then the word went out that Morrow was being investigated by the Missouri attorney general's office. To me, it all seemed orchestrated.Keeping ethics complaints secret and shielding the accuser while the elected official is being publicly embarrassed in anonymity, and some by not-so-anonymous people, is flat-out wrong.In a debate before last April's municipal election, then-City Council President Peter Cantwell mentioned Morrow in the same breath with Brown, the former St. Peters mayor who resigned after he pleaded guilty of soliciting and accepting a bribe. Brown is serving an 18-month sentence in a federal prison.At the debate, Jeff Yelich complained that Cantwell had failed to find money to hire four more police officers and ignored a speeding crackdown in his subdivision.In reply, Cantwell said Yelich "is an angry, single-issue candidate. Sound familiar? Like Shawn Brown in St. Peters, and he's going to jail. Like Donna Morrow here, and she is still under investigation by the attorney general."I thought that was way out of line. At the time, Morrow said, "Mr. Cantwell has a history of accusing me of howling at the moon and everything else." Cantwell lost the election, incidentally.I think it's time for those who may think they have something to say about Donna Morrow to step up and say it. And give your name.If not, shut up.

Watchdog Response: Interesting development. Morrow and Cantwell started out as political enemies. Then they were political allies for a while then they went back to being enemies. I bet before to long they will be old chums again. Peter it looks like your political future is history. When the homebuilder rag won't carry your water anymore you know your a goner or should I say "extinct". If I recall correctly the treasurer 's signature on Peter's July 15th report in 2006 didn't look at all like signatures on all of his other reports. Probably doesn't mean a thing. However if Peter is behind the attacks. I wonder if anonymous attacks was one of the talents he was speaking about in his e-mail below to former aldermen Dan McAteer in 2004?

-----Original Message-----
From: PeterCantwell@aol.com [mailto:PeterCantwell@aol.com]
Sent: Thursday, May 13, 2004 5:44 PM
To: Dan McAteerSubject:
Re: Recycling pickup

Yes Dan, I will retire (I like to call it 'redirect my talents') July 1, 2004.I'm out of town until next week, but I am looking to find a good day to buy you breakfast. When I return, I'll work on it.regards

Updated Watchdog Response: The O'Fallon Watchdog has obtained a copy of an e-mail (see below) that is relevant to the Mayors Ethics complaint. The e-mail is from Rick Fischer who is the former special council to the city of O'Fallon and a definite insider of the Morrow administration. It was sent to Mayor Morrow and Jane Voss of Scoop publications and contains 13 serious questions that from what we understand the Mayor and Jayne Voss has failed to address. If the O'Fallon Watchdog finds that the Mayor and Jayne Voss has the courage to address these questions we will certainly post them on this site.

From: Fischerllc@aol.com

Sent: Wednesday, September 19, 2007 10:35 PM

To: dmorrow@ofallon.mo.us; scooppublications@charter.net

Subject: blatant public comments

Dear Mayor and Jayne:
I plan on talking about the recent developments in the ethics complaint that was filed against you. Some of the issues I will be raising are set out in the questions below and if you would like to provide your comments please feel free to do so. We may be taping as soon as Friday so a quick response may be necessary.
1. Why did Tom Wilkerson ask a group of area business people to help chip in to pay this cost with out mentioning it was a loan?
2. Why did Tom go to Jim Blechle to "get their stories straight" as was reported in a Journal article?
3. Why wasn't Jim Blechle informed this was a loan and has Tom or the Mayor paid him back?
4. Why did Tom tell various people these payment were "secret" and that the Mayor did not know who was paying? If the payments were secret (which is also stated in Pokin's article) how could there be a loan?
5. Outside of the business people Tom asked to chip in, why did Tom tell other trusted friends that this was done as a favor not, as a loan? (The list of people contains several names.)
6. I was personally present when Tom talked about these payments and Tom made it clear that this was a favor and not a loan. Was Tom lying? Why would he have lied about this? Am I lying?
7. Jayne, why would you fail to address any of these issues in your article?
8. If there was nothing to hide why were the payments made by money orders and kept secret?
9. Am I one of the three realistic options of who may have filed this complaint as I have been told? If so, will my "blatant public comments" about this on the radio mean you will feel free to name me?
10. Both of you have accused the person who filed the complaint of lying, being cowardly, being evil etc. Please tell me what was in the complaint that was untrue? Please tell why the complainant is evil?
11. Have either of you posted comments on a chat site anonymously?
12. Let's assume that the complaint stated "Tom Wilkerson is paying for the Mayor's health insurance. Tom has indicated he is doing this as a favor. The Mayor has not reported this payment." Is any of that untrue?
13. Mayor, there has been talk that you are putting together a legal defense fund to go after your accuser. Let's assume you are successful and the complainant's name is released to the media. Let's also assume the complaint was similar to what is stated in paragraph 12 above. Since your previous comments will now be publicly linked to this person, yet the complaint is in fact true, will your legal defense fund be used to pay for an attorney to defend you against a defamation lawsuit from the complainant? Will this fund also help pay for any suits against The Scoop?
I look forward to your reply and if you would like to talk about this in person please call me.

Rick Fischer

Tow company operator charged in tax case

noreply@blogger.com (O'Fallon Watchdog) — Fri, 07 Sep 2007 00:48:00 +0000

By Robert Patrick
ST. LOUIS POST-DISPATCH
09/06/2007

Federal prosecutors have accused a Wentzville tow company operator of failing to report hundreds of thousands of dollars he made with his towing business.Rodney E. Sherman, 52, was indicted Thursday in federal court in St. Louis on seven felony counts of filing false tax returns.The indictment accuses Sherman, who operates Budget Towing at 425 N. Business Highway 61 in Wentzville, of failing to report $418,000 in cash income to tax preparers preparing the company's 2002 to 2004 tax returns.The indictment says that Sherman also used company funds to make payments on his behalf, meaning tax returns filed for he and his wife were understated.Each charge carries a maximum penalty of three years in prison.Sherman could not be reached for comment. Allegations of overcharging by Budget Towing surfaced at least as far back as 2005, when federal and local authorities raided the company and seized computers and other items.

Watchdog Response: Well the long awaited indictment of Budget Towing’s owner Rodney Sherman has come with a surprise. While seven felony accounts of filing false tax returns may not be surprising for someone allegedly involved in fraudulent billing practices. What is a surprise is no indictments yet on the alleged fraudulent billing practices. A practice that Budget’s own employee’s spoke of in their interviews with the media. What’s up?The Watchdog feels this may be the tip of the iceberg with more indictments coming for Rodney Sherman and possibly others. In light of the fact that Rodney Sherman could be facing spending the rest of his life in prison. There must be some tense discussions taking place with these first allegations being a shot over Rodney’s Sherman’s bow.Of further interest Mrs. Schellert has stated that Rodney Sherman paid his employee’s a five dollar bonus for every car they towed to Budget’s lot from O’Fallon so they could overcharge them. Mrs. Schellert told reporters that she met with O’Fallon’s former Major Mark Henke seven months before the raid to tell what she knew. "I sat down with him and showed him everything I had all the documents I had to back up what I was saying. He basically told me the citizens of O'Fallon did not pay these charges insurance companies did and there was nothing he could do about it." She also stated she spoke to former Police Chief Steve Talbott but to no avail.In one report she was told because Budget Towing isn’t located in O’Fallon that there was nothing the O’Fallon Police department could do about it. So what does Steve Talbott do a few months later. He put his arms around Rodney Sherman and gives Budget towing a glowing recommendation to the former Board of Alderman. Sorry folks that just doesn’t pass the Watchdog sniff test. No wonder Rodney felt comfortable with overcharging cars towed from O’Fallon to Budget’s lot. Of further interest Council members Jeff Schwentker and Bill Hennessy. Along with former council member Peter Cantwell have all been big supporters of bringing Budget towing and Steve Talbott back to O’Fallon. Do you think they are doing this because they are looking after your best interest?

O'Fallon, Mo., ordered to hand over police employee records in lawsuit

noreply@blogger.com (O'Fallon Watchdog) — Wed, 01 Aug 2007 00:27:00 +0000

By Shane Anthony
ST. LOUIS POST-DISPATCH
07/31/2007

O'FALLON, MO. — City officials must turn over current and former police officers' personnel records to a man suing the officers and the city over his own privacy, a judge has ruled.Circuit Judge Ted House overruled most of the city's objections to a request for documents that included the employee files of former Police Chief Steve Talbott, former Maj. Mark Henke, former Officer Jeffrey Allen and two current officers — Sgt. Tom Otten and David Goewert. The civil case deals with whether Henke, Allen, Otten and Goewert obtained an arrest record for Tom Wilkerson, the owner of Trigg Catering, that was supposed to be closed.House also ordered the city to turn over 10 years of contracts between O'Fallon and Allen, or his business, Network Real Estate LLC. He also upheld a motion to dismiss the suit against St. John. House's order said O'Fallon does not have to produce a copy of all reports or memos about the disclosure of Wilkerson's information by city employees.Wilkerson accused O'Fallon and St. John, as well as Henke, Otten, Goewert and Allen, of invading his privacy, libel and improperly obtaining his confidential arrest record. Talbott was accused in July 2005 of delaying a drug overdose investigation involving Kacie Kissell, daughter of a police association lobbyist. Talbott denied any wrongdoing. Kissell is serving an eight-year prison sentence for her role in the case, in which a man died.Wilkerson's suit said the officers supported the chief and believed Wilkerson had the power to influence Mayor Donna Morrow and the Board of Aldermen in disciplining the chief.The suit says Goewert and Henke accessed Wilkerson's confidential arrest record from the St. John Police Department. It also says Allen went to the St. Louis County Courthouse to get arrest code charges from a courthouse clerk. Wilkerson was arrested in 1990 on suspicion of unlawful use of a weapon. He was never charged.The suit also says Otten created an anonymous e-mail address and sent a letter about Wilkerson to the Board of Aldermen in an attempt to persuade them not to fire Talbott. The e-mail falsely said Wilkerson pleaded guilty on several felony counts, the suit says.Otten and Goewert later were charged with misdemeanors regarding the records, but the charges were dropped. House's order requires the city to produce the employee files and discipline records within 15 days, but they are not to be disclosed publicly.House's order released St. John from the lawsuit, saying Missouri's Sunshine Law provided no relief in a civil case for disclosing a closed record. Larry A. Bagsby, who represents Wilkerson, said he is likely to appeal that ruling, although that will take time.Wilkerson is seeking at least $156,000.

Watchdog Response: The Watchdog wonders if yet again the citizens best interest will fall to the wayside of more political gamesmanship? This should proven to be an interesting battle between Mayor Morrow and her supporters and Bill Hennessy and his circle of supporters.

Businesses, developers frustrated by O'Fallon's sewer hookup freeze

noreply@blogger.com (O'Fallon Watchdog) — Mon, 02 Jul 2007 00:42:00 +0000

By Nancy Cambria
ST. LOUIS POST-DISPATCH0
7/01/2007

O'FALLON — For years, sisters Janet and Linda Day have harbored the sweet dream of franchising their Heaven Scent doughnut shop.But the popular purveyors of supersize doughnuts, towering wedding cakes and a signature chocolate Long John have encountered an unpleasant blockage in their plans to build a prototype drive-through store on busy Bryan Road. Although they can build the shop, they are now banned from connecting to the city's sewer service.Ditto for Susan Davis of Davis Inc., whose family has been slowly building a lucrative warehouse complex on the northwest side of O'Fallon. Davis has been told that she can build her new 15,000- and 20,000-square-foot warehouses on industrial property off Hoff Road — but she too has been temporarily denied permission to hook into the sewer system because the city says it has run out of capacity.Almost nine months have passed since O'Fallon began issuing letters to developers of everything from donut shops to shopping centers and condominiums, informing them that their projects will have to remain on hold because the city's wastewater treatment plant at highways M and 79 is almost maxed out. The city has so far denied wastewater hookups to some 14 developers, City Engineer Steve Bender said.For Davis, the ban may prompt her to install a septic system even though her property technically is sewer-ready. She said the ban makes no sense because her warehouses will have at most three toilet stalls apiece and a kitchenette for no more than 10 employees."It's less sewer capacity than a two-bedroom apartment with a teenage daughter in it," she said.The freeze is far-reaching. The city-owned plant handles sewage from all of Lake Saint Louis. In O'Fallon, its coverage area runs north from Feise Road all the way to the Mississippi River floodplain. The affected area includes developable land along half of O'Fallon's six-mile Highway K and most of the rapidly growing Bryan Road corridor. And in the case of Lake Saint Louis, not only are planned subdivisions and senior housing complexes in limbo, but also the Meadows, an upscale shopping center at Highway 40 and Lake Saint Louis.Davis Street Land Co., the developer of the 55-acre shopping center, has gone ahead with construction anyway and has appealed to the courts to compel O'Fallon to allow access to the system. Others are taking a wait-and-see approach, but patience could be waning. Homebuilders on hold in both O'Fallon and Lake Saint Louis say they are accumulating debt while holding onto valuable property they cannot develop.Although some developers may have time to wait, Heaven Scent may not. The shop is losing its spot next to Wal-Mart on Highway K sometime early next year because of that chain's plan to expand the store into a supercenter.Heaven Scent's dilemma prompted Mayor Donna Morrow to press the City Council to consider grandfathering existing businesses. Morrow also suggested it was unfair that homebuilders who had gained hookup permission before the freeze could take years to use the hookups in their subdivisions, while existing businesses have an immediate need to hook into the system.Leland Curtis, O'Fallon's attorney in a lawsuit filed by Davis Street, said any case where it is perceived that additions or exceptions are allowed could put the city in legal jeopardy."I can pretty well predict that the attorneys for Davis Street will be watching," he recently told the City Council.City Administrator Robert Lowery Jr., who imposed the freeze in November, said it could easily take a year or more before it is lifted.That's because the City Council must still decide whether to expand the system or try to sell it. The council is waiting to hear the recommendation of a task force of citizens it formed last winter. But the task force has met just twice, and the council continues to bicker over who sits on it. Last week the council rescinded Morrow's appointment of one member after it was learned he used to work for Alliance Water Resources, the operator of the sewer plant."If this council keeps stumbling and bumbling on this issue, we're never going to have this on the ballot in April 2008," Councilman Daniel Christoff said.In the meantime, the freeze is apparently affecting potential development. The city's Planning and Zoning Commission has canceled two of its meetings in the past two months because of a lack of new business. City Engineer Bender said he's fielded numerous calls from developers interested in projects in O'Fallon but concerned about the sewer issue.For the entrepreneurs behind Heaven Scent, they're willing to wait it out."We've got such a loyal customer base. How can I abandon them?" owner Linda Day asked. "They're the ones who've built Heaven Scent. I just make the doughnuts.

Watchdog Response: Now you would think this problem would be top priority for our Mayor and Council. This problem has been ignored for so long that the city is facing mounting lawsuits due to their inaction. Our Mayor, former councilman Peter Cantwell and Bill Hennessy decided it is far more important to play politics as to fix this problem.More importantly to them was pursuing unneeded jobs for political supporters. Playing games restricting employee rights to free speech, irresponsible annexation plans, allowing homes to be built on a illegally vacated road, giving away your tax dollars to help their campaign supporters and whether alcohol should be served at city hall. This list goes on.Sewer Plant construction and additions don’t happen over night. It takes a lot of time to design and build. At a minimum we are talking probably about two years once a decision has been made. So keep that in mind as our elected official keep stalling this decision. The games continue when Bill Hennessy voted against a volunteer for the newly formed water/sewer commission. This retired gentleman had many years experience in this industry and would have been a great asset to the commission. The Watchdog feels Bill Hennessy feared this appointee because this gentlemen brought knowledge about water and sewer operations to the commission. Unfortunately for us that didn’t fit into Bill Hennessy’s agenda.Speaking of this newly formed commission. Quite often in business commissions are created when an unpopular decision is going to be made and the powers to be don’t want to take the heat for it. They will lay the ground work for the commission by giving them a certain set of constrains they must stay within. Constraints they know will lead to only one decision. The decision they want. Then they will blame the commission for the decision when the outcry ensues. It’s an old game that I’m sure many of you know all to well. Businesses usually use this tactic right before they start making you pay more for your health care.The Watchdog believes they will sell the system to one of their political supporters or somebody aligned with their political supporters. Regardless if they sell it or keep it. The plant needs to be expanded. Doing it sooner will solve several problems not to mention make it more valuable when you sell it. That is of course if they don’t sell it for less than what it is worth. Which may happen knowing Hennessy and his puppets.Residents of Ward 1, Ward 4 and parts of Ward 2 let this be a warning to you. After they sell the system you will be paying much higher rates. They will play with the numbers for the first year or two to play down what’s coming in the future but don’t be fooled. This would have been resolved years ago if it was the south end of town that was being threatened. Maybe the voters in those wards will send a message to Christoff, Conley, Haman and Schwentker who are all up for re-election next April.