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Saturday, January 27, 2007
FIRST CAPITOL NEWS FRONT PAGE - January 20, 2007
(Click on image to enlarge) Scroll down to read this issue.
Candidate Wants Clarification
Dear Editor:
I’d like the opportunity to clarify a few points in your Jan 20-26 issue.
1. The Miniature Museum was not purchased during my tenure as Mayor. If it had been presented, I would have vetoed it.
2. During my term as Mayor, the Goldenrod was a successful family entertainment venue. Later it was allowed to deteriorate and was mismanaged. The City spent $1.4 million after my term as mayor to build a dock area and then gave away a national treasure.
3. I don’t recall fighting hard to defeat a bill that would have prevented people living outside of St. Charles from serving on St. Charles boards and commissions but if Rory says I did, I’ll take his word for it.
Thanks!
Grace Nichols
Editor’s Response,
Grace thank you for being a loyal reader of the First Capitol News
1. In regards to the Miniature Museum, we will re-check our information and if there has been an error we will be happy to correct it.
2. Concerning the Goldenrod Showboat, records we obtained from the City revealed the Goldenrod was a white elephant and financial drain on the taxpayers from the day the City took ownership. Those records reflected the boat never made a profit for the City. In fact, the cost to St. Charles taxpayers was more than $5 million dollars that the City spent on the Goldenrod Showboat and the dock that sits vacant in Frontier Park.
When the boat was purchased in 1990, your administration estimated the showboat would make the city over $5 million. As demonstrated in this paper, using City records, this was never to be and as of March 2002, the Goldenrod had cost the city taxpayers over $5 million.
In 1992 an editorial in a local publication pleaded with St. Charles residents to “attend shows and support the Goldenrod.” In another publication you are quoted, “Then Mayor Grace Nichols explained, “ It (Goldenrod Showboat) dovetailed well with our plans to develop the Missouri Riverfront with historic boats.” (Sue Schneider, Business Network, “Broadway Style” May 1991, p.10).
In a story in the Journal by Dennis Miller on January 31, 1990 titled, City has eyed Goldenrod for several months; Councilman Kenneth Keilty (who is now running for election in Ward 8) was quoted as saying the Goldenrod will provide “An opportunity for very wholesome, nationally known entertainment to come to our community”.
Then, after you were voted out of office by 80 percent of the voters, it was discovered it would take another million or so dollars to bring the Goldenrod up to Coast Guard safety standards. The Coast Guard, for safety reasons, would not allow the city to simply shut the boat down and remain derelict sitting at the dock. Councilman John Gieseke led the charge to rid the taxpayers of this financial drain. “It’s (The Goldenrod) an albatross around our neck,” Gieseke said. “We were told only $100,000 now the estimate to fix the vessel is much more. When is enough, enough?” Proposals were received for the boat and when there were no monetary offers it was given to a local businessman who moved it from St. Charles.
3. Your remark about Rory confuses me. Rory (I assume you are talking about Councilman Rory Riddler) did not provide us with any information. Despite what your friend and political ally Ken Kielty would like people to believe, Rory has no connection with this publication other than he writes a regular column. An opportunity we extended to all members of the council and the mayor. We are experienced investigators and quite capable of acquiring information on our own.
On June 28, 1994 Councilman Bill Conrey introduced a bill that would require all appointed board members to live in the City of St. Charles. He said it was only fair that the commissions making decisions about life in St. Charles should include only people who live in the City.
On July 14, 1994 an article titled “COUNCILMAN’S BILL REQUIRING RESIDENCY DRAWS MAYOR’S FIRE, appeared in the Post and was written by Tommy Robertson. Portions of the article state, ‘But Mayor Grace M. Nichols said the bill would make it even harder for her to make appointments. Nichols was a strong opponent of the bill when Conrey introduced it two weeks ago. “She (Nichols) said the bill was an unnecessary and restrictive intrusion into her appointive powers.
You were evidently successful in the defeat of that bill. Recently the City Council passed such an ordinance.
Once again, thank you for reading the First Capitol News.
I’d like the opportunity to clarify a few points in your Jan 20-26 issue.
1. The Miniature Museum was not purchased during my tenure as Mayor. If it had been presented, I would have vetoed it.
2. During my term as Mayor, the Goldenrod was a successful family entertainment venue. Later it was allowed to deteriorate and was mismanaged. The City spent $1.4 million after my term as mayor to build a dock area and then gave away a national treasure.
3. I don’t recall fighting hard to defeat a bill that would have prevented people living outside of St. Charles from serving on St. Charles boards and commissions but if Rory says I did, I’ll take his word for it.
Thanks!
Grace Nichols
Editor’s Response,
Grace thank you for being a loyal reader of the First Capitol News
1. In regards to the Miniature Museum, we will re-check our information and if there has been an error we will be happy to correct it.
2. Concerning the Goldenrod Showboat, records we obtained from the City revealed the Goldenrod was a white elephant and financial drain on the taxpayers from the day the City took ownership. Those records reflected the boat never made a profit for the City. In fact, the cost to St. Charles taxpayers was more than $5 million dollars that the City spent on the Goldenrod Showboat and the dock that sits vacant in Frontier Park.
When the boat was purchased in 1990, your administration estimated the showboat would make the city over $5 million. As demonstrated in this paper, using City records, this was never to be and as of March 2002, the Goldenrod had cost the city taxpayers over $5 million.
In 1992 an editorial in a local publication pleaded with St. Charles residents to “attend shows and support the Goldenrod.” In another publication you are quoted, “Then Mayor Grace Nichols explained, “ It (Goldenrod Showboat) dovetailed well with our plans to develop the Missouri Riverfront with historic boats.” (Sue Schneider, Business Network, “Broadway Style” May 1991, p.10).
In a story in the Journal by Dennis Miller on January 31, 1990 titled, City has eyed Goldenrod for several months; Councilman Kenneth Keilty (who is now running for election in Ward 8) was quoted as saying the Goldenrod will provide “An opportunity for very wholesome, nationally known entertainment to come to our community”.
Then, after you were voted out of office by 80 percent of the voters, it was discovered it would take another million or so dollars to bring the Goldenrod up to Coast Guard safety standards. The Coast Guard, for safety reasons, would not allow the city to simply shut the boat down and remain derelict sitting at the dock. Councilman John Gieseke led the charge to rid the taxpayers of this financial drain. “It’s (The Goldenrod) an albatross around our neck,” Gieseke said. “We were told only $100,000 now the estimate to fix the vessel is much more. When is enough, enough?” Proposals were received for the boat and when there were no monetary offers it was given to a local businessman who moved it from St. Charles.
3. Your remark about Rory confuses me. Rory (I assume you are talking about Councilman Rory Riddler) did not provide us with any information. Despite what your friend and political ally Ken Kielty would like people to believe, Rory has no connection with this publication other than he writes a regular column. An opportunity we extended to all members of the council and the mayor. We are experienced investigators and quite capable of acquiring information on our own.
On June 28, 1994 Councilman Bill Conrey introduced a bill that would require all appointed board members to live in the City of St. Charles. He said it was only fair that the commissions making decisions about life in St. Charles should include only people who live in the City.
On July 14, 1994 an article titled “COUNCILMAN’S BILL REQUIRING RESIDENCY DRAWS MAYOR’S FIRE, appeared in the Post and was written by Tommy Robertson. Portions of the article state, ‘But Mayor Grace M. Nichols said the bill would make it even harder for her to make appointments. Nichols was a strong opponent of the bill when Conrey introduced it two weeks ago. “She (Nichols) said the bill was an unnecessary and restrictive intrusion into her appointive powers.
You were evidently successful in the defeat of that bill. Recently the City Council passed such an ordinance.
Once again, thank you for reading the First Capitol News.
Supreme Court Reverses Robbery Convictions
Robert Davis and Paul Bainter were tried for eight counts of armed criminal action, seven counts of felonious restraint, first-degree robbery, first-degree burglary and resisting arrest for the January 2004 robbery of Frontier IGA grocery store on North Highway 94 in St. Charles.
At trial, the court permitted the state to introduce evidence identifying Davis and Bainter as the perpetrators of another robbery at a Hazelwood bar four days before the Frontier IGA grocery store robbery, although they were not charged with this crime, and to make repeated references to this evidence during the trial.
Defense counsel objected to the admission of the evidence of this uncharged crime. The trial court overruled the objection and allowed the state to adduce and to reference repeatedly extensive evidence regarding the McDonald’s robbery.
The State presented its case as follows. Police obtained a surveillance tape from a convenience store located a quarter mile from McDonald’s. On the tape four hours before the McDonald’s robbery were two men matching the robbers’ descriptions. The store clerk picked the photos of Davis and Bainter from a lineup and testified that they were in the store on the day of the McDonald’s robbery. The McDonald’s bartender viewed the surveillance tape and photos created from the tape. She testified that the men in the video looked similar to the robbers. She also identified Davis as someone who frequented the bar and Bainter as someone who lived nearby. When apprehended, the defendants were in possession of handwritten directions to the street where McDonald’s is located and several cash bills bearing staple holes. The bartender had testified that customer receipts were often stapled to cash payments. In both robberies, the perpetrators were two stocky white men carrying similar guns and wearing dark ski masks and gloves. In both incidents, one man was taller than the other, and one man called the other “Ed.”
The jury convicted Davis and Bainter on all eighteen counts. The appeal followed.
A criminal defendant has a right to be tried only for the crimes with which he is charged. As a general rule, “evidence of prior misconduct is inadmissible for the purpose of showing the propensity of the defendant to commit such crimes.” As an exception, evidence of prior misconduct may be admitted if it is logically and legally relevant. Such evidence is logically relevant if it has “some legitimate tendency to establish directly the accused’s guilt of the charges for which he is on trial.” Specifically, evidence of uncharged misconduct can be used to establish motive, intent, the absence of mistake or accident, a common scheme or plan, or the identity of the alleged perpetrator. Such evidence is legally relevant if its probative value outweighs its prejudicial effect. Its probative value also must outweigh the dangers of confusing issues, misleading the jury, wasting time, or presenting cumulative evidence. There is a possibility of prejudice “whenever the evidence amounts to an attack on the defendant’s character” or “when the evidence is used to show the defendant is a bad or evil man to support the further inference that he therefore committed the crime with which he is charged. Prejudice also may result if there is a possibility that the “bad-guy evidence,” even if probative, will be overused. Generally, “the balancing of the effect and value of evidence rests within the sound discretion of the trial court. But courts “should require that the admission of evidence of other crimes be subjected to rigid scrutiny” because such evidence “could raise a legally spurious presumption of guilt in the minds of the jurors.”
The State sought to admit evidence regarding the McDonald’s robbery to prove the identity of the defendants. The State contends that the time, place, and method of the McDonald’s and IGA robberies were sufficiently similar such that the trial court properly allowed evidence implicating the defendants in the former to prove their guilt of the latter. Both robberies were perpetrated by two stocky white men carrying similar guns and wearing dark ski masks and gloves. One man was taller than the other. One man called the other “Ed.” The two robberies occurred within 5 miles and within 4 days. In both cases, the robbers took cash and rolled coins. However, the robberies were different in several respects. At the IGA, the shorter robber did the talking and called the taller one “Paul” and then “Ed.” At McDonald’s, the taller robber spoke - with a “country” accent - and called the short one “Ed.” The IGA robbers told the victims that no one would get hurt, while the McDonald’s robbers threatened to shoot a customer. Both the IGA robbers collected money, while at McDonald’s one robber took the money while the other watched the door.
When they were arrested, Davis and Bainter had in their possession handwritten directions to the street where the bar is located and several cash bills bearing staple holes. The bartender, who identified the men from a convenience store surveillance tape and photos created from the tape, testified that customer receipts at the bar often were stapled to cash payments. The jury convicted Davis and Bainter on all 18 counts, and the court sentenced each of them as a prior and persistent offender to a total of two life terms plus 512 years in prison. Davis and Bainter appealed.
The Missouri Supreme Court reversed the convictions and remanded the case back for a new trial.
In it’s opinion the Court en banc holds: The trial court erred and abused its discretion in admitting the state’s detailed presentation of voluminous evidence of the bar robbery, which was excessive and prejudicial. A criminal defendant has a right to be tried only for the crimes with which he is charged. Generally, evidence of prior, uncharged conduct is not admissible to show a defendant’s propensity to commit such crimes, to attack the defendant’s character, or to show the defendant is a bad or evil man and, therefore, must have committed the charged crime. Such evidence may be admissible, however, to establish motive, intent, the absence of mistake or accident, a common scheme or plan, or the identity of an alleged perpetrator, so long as its probative value outweighs its prejudicial effect and outweighs the danger of confusing issues, misleading the jury, wasting time or presenting cumulative evidence. To fall under the identity exception, this Court has held that the charged and uncharged crimes must be nearly “identical” and their methodology “so unusual and distinctive” that they resemble a “signature” of the defendant’s involvement in both crimes. State v. Bernard, 849 S.W.2d 10, 17 (Mo. 1993). Here, the robberies of the bar and the grocery store were neither identical nor sufficiently unusual and distinctive. Because a Davis’s and Bainter’s challenge to the admission of the uncharged crime is dispositive, their remaining grounds for appeal need not be addressed.
In State v. Bernard, this Court explained:
In order for prior conduct to fall under the identity exception, there must be more than mere similarity between the crime charged and the uncharged crime. The charged and uncharged crimes must be nearly “identical” and their methodology “so unusual and distinctive” that they resemble a “signature” of defendant’s involvement in both crimes.Here, the IGA and McDonald’s robberies were neither identical nor sufficiently unusual and distinctive. The State’s detailed presentation of voluminous evidence from the McDonald’s robbery was excessive and prejudicial. The trial court’s admission of evidence of the McDonald’s robbery was erroneous and an abuse of discretion. The judgment is reversed, and the case is remanded.
At trial, the court permitted the state to introduce evidence identifying Davis and Bainter as the perpetrators of another robbery at a Hazelwood bar four days before the Frontier IGA grocery store robbery, although they were not charged with this crime, and to make repeated references to this evidence during the trial.
Defense counsel objected to the admission of the evidence of this uncharged crime. The trial court overruled the objection and allowed the state to adduce and to reference repeatedly extensive evidence regarding the McDonald’s robbery.
The State presented its case as follows. Police obtained a surveillance tape from a convenience store located a quarter mile from McDonald’s. On the tape four hours before the McDonald’s robbery were two men matching the robbers’ descriptions. The store clerk picked the photos of Davis and Bainter from a lineup and testified that they were in the store on the day of the McDonald’s robbery. The McDonald’s bartender viewed the surveillance tape and photos created from the tape. She testified that the men in the video looked similar to the robbers. She also identified Davis as someone who frequented the bar and Bainter as someone who lived nearby. When apprehended, the defendants were in possession of handwritten directions to the street where McDonald’s is located and several cash bills bearing staple holes. The bartender had testified that customer receipts were often stapled to cash payments. In both robberies, the perpetrators were two stocky white men carrying similar guns and wearing dark ski masks and gloves. In both incidents, one man was taller than the other, and one man called the other “Ed.”
The jury convicted Davis and Bainter on all eighteen counts. The appeal followed.
A criminal defendant has a right to be tried only for the crimes with which he is charged. As a general rule, “evidence of prior misconduct is inadmissible for the purpose of showing the propensity of the defendant to commit such crimes.” As an exception, evidence of prior misconduct may be admitted if it is logically and legally relevant. Such evidence is logically relevant if it has “some legitimate tendency to establish directly the accused’s guilt of the charges for which he is on trial.” Specifically, evidence of uncharged misconduct can be used to establish motive, intent, the absence of mistake or accident, a common scheme or plan, or the identity of the alleged perpetrator. Such evidence is legally relevant if its probative value outweighs its prejudicial effect. Its probative value also must outweigh the dangers of confusing issues, misleading the jury, wasting time, or presenting cumulative evidence. There is a possibility of prejudice “whenever the evidence amounts to an attack on the defendant’s character” or “when the evidence is used to show the defendant is a bad or evil man to support the further inference that he therefore committed the crime with which he is charged. Prejudice also may result if there is a possibility that the “bad-guy evidence,” even if probative, will be overused. Generally, “the balancing of the effect and value of evidence rests within the sound discretion of the trial court. But courts “should require that the admission of evidence of other crimes be subjected to rigid scrutiny” because such evidence “could raise a legally spurious presumption of guilt in the minds of the jurors.”
The State sought to admit evidence regarding the McDonald’s robbery to prove the identity of the defendants. The State contends that the time, place, and method of the McDonald’s and IGA robberies were sufficiently similar such that the trial court properly allowed evidence implicating the defendants in the former to prove their guilt of the latter. Both robberies were perpetrated by two stocky white men carrying similar guns and wearing dark ski masks and gloves. One man was taller than the other. One man called the other “Ed.” The two robberies occurred within 5 miles and within 4 days. In both cases, the robbers took cash and rolled coins. However, the robberies were different in several respects. At the IGA, the shorter robber did the talking and called the taller one “Paul” and then “Ed.” At McDonald’s, the taller robber spoke - with a “country” accent - and called the short one “Ed.” The IGA robbers told the victims that no one would get hurt, while the McDonald’s robbers threatened to shoot a customer. Both the IGA robbers collected money, while at McDonald’s one robber took the money while the other watched the door.
When they were arrested, Davis and Bainter had in their possession handwritten directions to the street where the bar is located and several cash bills bearing staple holes. The bartender, who identified the men from a convenience store surveillance tape and photos created from the tape, testified that customer receipts at the bar often were stapled to cash payments. The jury convicted Davis and Bainter on all 18 counts, and the court sentenced each of them as a prior and persistent offender to a total of two life terms plus 512 years in prison. Davis and Bainter appealed.
The Missouri Supreme Court reversed the convictions and remanded the case back for a new trial.
In it’s opinion the Court en banc holds: The trial court erred and abused its discretion in admitting the state’s detailed presentation of voluminous evidence of the bar robbery, which was excessive and prejudicial. A criminal defendant has a right to be tried only for the crimes with which he is charged. Generally, evidence of prior, uncharged conduct is not admissible to show a defendant’s propensity to commit such crimes, to attack the defendant’s character, or to show the defendant is a bad or evil man and, therefore, must have committed the charged crime. Such evidence may be admissible, however, to establish motive, intent, the absence of mistake or accident, a common scheme or plan, or the identity of an alleged perpetrator, so long as its probative value outweighs its prejudicial effect and outweighs the danger of confusing issues, misleading the jury, wasting time or presenting cumulative evidence. To fall under the identity exception, this Court has held that the charged and uncharged crimes must be nearly “identical” and their methodology “so unusual and distinctive” that they resemble a “signature” of the defendant’s involvement in both crimes. State v. Bernard, 849 S.W.2d 10, 17 (Mo. 1993). Here, the robberies of the bar and the grocery store were neither identical nor sufficiently unusual and distinctive. Because a Davis’s and Bainter’s challenge to the admission of the uncharged crime is dispositive, their remaining grounds for appeal need not be addressed.
In State v. Bernard, this Court explained:
In order for prior conduct to fall under the identity exception, there must be more than mere similarity between the crime charged and the uncharged crime. The charged and uncharged crimes must be nearly “identical” and their methodology “so unusual and distinctive” that they resemble a “signature” of defendant’s involvement in both crimes.Here, the IGA and McDonald’s robberies were neither identical nor sufficiently unusual and distinctive. The State’s detailed presentation of voluminous evidence from the McDonald’s robbery was excessive and prejudicial. The trial court’s admission of evidence of the McDonald’s robbery was erroneous and an abuse of discretion. The judgment is reversed, and the case is remanded.
Sherborn Lane Road Closed To Thru Traffic
Sherborn Lane Road Closed To Thru Traffic
Sherborn Lane was closed to thru traffic approximately 120 feet west of Landau Court/Westerland Court on Thursday, January 18, 2007.
Sherborn Lane was selected several years ago to have a speed hump installed on it. City staff was unable to find a location where the residents were agreeable to have it placed. The problems noted on Sherborn Lane were a direct result of the connection to the St. Charles Hills Subdivision. These problems included excessive traffic speeds and traffic volumes. It was determined that both problems could be reduced with the street closure.
The recommendation for the temporary closure of Sherborn Lane was discussed and approved by the City Council at their December 5, 2006 meeting at the request of City engineers who studied the issue and determined closure as the best alternative.
Letters were sent to City residents at 2965 Landau Court, 2961 Westerland Court, the police and fire departments, the post office, City street division, Councilman John Gieseke of Ward 8 as well as placed on the City’s website.
A message board was also placed on City right-of-way on January 11, 2007 advising of the closure.
Within the letter it was stated that the closure would remain in place for a trial period of six months. If after the trial period it was determined that the desired results were being achieved, the City would enact a permanent closure by removing a portion of the pavement and added aesthetic improvements.
Councilman John Gieseke told the First Capitol News, “This was in response to the neighborhood association’s request. The city staff studied the area and determined this was the best action to take. I met with members of the board over a year and half ago and stood and watched cars speeding by and kids playing in yards and knew this had to be fixed. I am happy the City staff came up with a solution. This is temporary for six months and we will see if it is accepted in the neighborhood. In six months a decision will be made to either remove the barricades completely or make them permanent depending on the will of the neighborhood. Anyone wanting to lodge an opinion for or against the closure are asked to call our public works department at 636 949-3200 or me at 636 9460-877
Residents along Pembroke have also contacted me to ask for a study of what the city can do to help control speeding along that street as well. It will be discussed at the next city traffic commission meeting in February.”
Sherborn Lane was closed to thru traffic approximately 120 feet west of Landau Court/Westerland Court on Thursday, January 18, 2007.
Sherborn Lane was selected several years ago to have a speed hump installed on it. City staff was unable to find a location where the residents were agreeable to have it placed. The problems noted on Sherborn Lane were a direct result of the connection to the St. Charles Hills Subdivision. These problems included excessive traffic speeds and traffic volumes. It was determined that both problems could be reduced with the street closure.
The recommendation for the temporary closure of Sherborn Lane was discussed and approved by the City Council at their December 5, 2006 meeting at the request of City engineers who studied the issue and determined closure as the best alternative.
Letters were sent to City residents at 2965 Landau Court, 2961 Westerland Court, the police and fire departments, the post office, City street division, Councilman John Gieseke of Ward 8 as well as placed on the City’s website.
A message board was also placed on City right-of-way on January 11, 2007 advising of the closure.
Within the letter it was stated that the closure would remain in place for a trial period of six months. If after the trial period it was determined that the desired results were being achieved, the City would enact a permanent closure by removing a portion of the pavement and added aesthetic improvements.
Councilman John Gieseke told the First Capitol News, “This was in response to the neighborhood association’s request. The city staff studied the area and determined this was the best action to take. I met with members of the board over a year and half ago and stood and watched cars speeding by and kids playing in yards and knew this had to be fixed. I am happy the City staff came up with a solution. This is temporary for six months and we will see if it is accepted in the neighborhood. In six months a decision will be made to either remove the barricades completely or make them permanent depending on the will of the neighborhood. Anyone wanting to lodge an opinion for or against the closure are asked to call our public works department at 636 949-3200 or me at 636 9460-877
Residents along Pembroke have also contacted me to ask for a study of what the city can do to help control speeding along that street as well. It will be discussed at the next city traffic commission meeting in February.”
RAMBLING WITH THE EDITOR - Tony Brockmeyer
Poor Performance Causes
Mayoral Candidate
To Be Ousted
From Office By Over 78 percent of the Voters
Now She Wants Another Chance
Former Mayor Grace Nichols is a candidate in the February 6th Mayoral primary election. In the early 70’s she served as a state representative. Grace served on the City Council from 1975 to 1981. Grace was elected Mayor of St. Charles in April of 1987 and re-elected to a second term in April of 1991. In 1995 she attempted a third term in office and was defeated by Robert L. Moeller, a retired construction manager and political unknown, who had never held a public office.
What Grace is hoping the voters forget is, that after she served eight years as Mayor, the voters sent a loud and clear message when over 78 percent of the voters voted her out of office. Of the 10,105 votes cast she could only muster 2,244 votes. In fact, she ran third in that race.
Bring Back Grace has been the slogan coined by her campaign. I guess they are counting on very short memories of her tenure and her last election. Nichols had a tumultuous second term with the City Council. Taxes were raised during her tenure. Her efforts to cover up a mistake made when moving the train depot, the purchase of the Goldenrod Showboat, fighting against a bill that would have required members of boards and commissions to be St. Charles residents, fighting against the construction of the Trail Head Brewery on South Main, were just a few of the reasons 78 percent of the votes cast were against Grace.
Now we are being asked to bring back a mayor who didn’t carry a single ward in her last election who couldn’t win a judicial race. Governor Carnahan appointed Grace to a judicial seat when it was vacated. She was the alternate candidate when two fighting Democratic groups could not come together on a single candidate. She served as St. Charles County Circuit Judge from October of 1997 to December 31, 1998. Grace stood for election to the seat and was soundly defeated. She retired and now serves as a senior judge.
Any retired judge receiving retirement benefits, who is willing to serve as a senior judge, may make application for such service with the clerk of the Supreme Court. An application is then submitted to the Supreme Court for approval or disapproval and shall be valid for a period of one year from the date of approval. Upon the request of the presiding judge of any circuit, the Supreme Court may appoint a senior judge or senior commissioner from the file of approved applications. Appointments to serve shall be based on caseload and need, as determined by the Supreme Court. The appointment may be made for a specific case or cases or for a specified period of time not to exceed one year.
I have never met Grace, but, we have been told she is a nice lady. However, she would be in over her head trying to run a major corporation with a $100 million budget business like the City of St. Charles. Just because you can rule from the judicial bench does not mean you can run a business. Nichols has limited business experience and is a liberal when it comes to taxes. She raised taxes last time in office because she and her city administrator couldn’t balance the budget, fix the streets and pay salaries. She didn’t know what to do, so she fought to raise taxes on the residents. So it is easy to say she left with a balanced budget. She balanced it with your tax dollars.
THE FIRST CAPITOL NEWS CONTINUES TO IMPROVE TO SERVE OUR LOYAL READERS AND ADVERTISERS
As we have mentioned in previous editions, the First Capitol News will soon be available for home delivery by subscription only. It will still be free when distributed through local merchants and at our familiar red newspaper distribution boxes. We will soon be adding additional red newspaper distribution boxes throughout the City. The home delivery charge is very nominal; $20 for six months and $35 for a year.
You can read or download the First Capitol News for free, in .pdf format, at firstcapitolnews.com. You will need Adobe reader on your computer and it is available for free, also. The entire edition of each paper including all stories, photos and ads is available at firstcapitolnews.com. Our archives, dating to November of 2004, are available at firstcapitolnews.blogspot.com.
We will be increasing the content on our daily news web log; firstcapitolnews-today.blogspot.com, Be sure to check it for updates. If you would like to be notified by e-mail when there are additional stories or updates placed on our web pages just send your e-mail address to; firstcapitolnews@aol.com. There is no charge for this service.
Mayoral Candidate
To Be Ousted
From Office By Over 78 percent of the Voters
Now She Wants Another Chance
Former Mayor Grace Nichols is a candidate in the February 6th Mayoral primary election. In the early 70’s she served as a state representative. Grace served on the City Council from 1975 to 1981. Grace was elected Mayor of St. Charles in April of 1987 and re-elected to a second term in April of 1991. In 1995 she attempted a third term in office and was defeated by Robert L. Moeller, a retired construction manager and political unknown, who had never held a public office.
What Grace is hoping the voters forget is, that after she served eight years as Mayor, the voters sent a loud and clear message when over 78 percent of the voters voted her out of office. Of the 10,105 votes cast she could only muster 2,244 votes. In fact, she ran third in that race.
Bring Back Grace has been the slogan coined by her campaign. I guess they are counting on very short memories of her tenure and her last election. Nichols had a tumultuous second term with the City Council. Taxes were raised during her tenure. Her efforts to cover up a mistake made when moving the train depot, the purchase of the Goldenrod Showboat, fighting against a bill that would have required members of boards and commissions to be St. Charles residents, fighting against the construction of the Trail Head Brewery on South Main, were just a few of the reasons 78 percent of the votes cast were against Grace.
Now we are being asked to bring back a mayor who didn’t carry a single ward in her last election who couldn’t win a judicial race. Governor Carnahan appointed Grace to a judicial seat when it was vacated. She was the alternate candidate when two fighting Democratic groups could not come together on a single candidate. She served as St. Charles County Circuit Judge from October of 1997 to December 31, 1998. Grace stood for election to the seat and was soundly defeated. She retired and now serves as a senior judge.
Any retired judge receiving retirement benefits, who is willing to serve as a senior judge, may make application for such service with the clerk of the Supreme Court. An application is then submitted to the Supreme Court for approval or disapproval and shall be valid for a period of one year from the date of approval. Upon the request of the presiding judge of any circuit, the Supreme Court may appoint a senior judge or senior commissioner from the file of approved applications. Appointments to serve shall be based on caseload and need, as determined by the Supreme Court. The appointment may be made for a specific case or cases or for a specified period of time not to exceed one year.
I have never met Grace, but, we have been told she is a nice lady. However, she would be in over her head trying to run a major corporation with a $100 million budget business like the City of St. Charles. Just because you can rule from the judicial bench does not mean you can run a business. Nichols has limited business experience and is a liberal when it comes to taxes. She raised taxes last time in office because she and her city administrator couldn’t balance the budget, fix the streets and pay salaries. She didn’t know what to do, so she fought to raise taxes on the residents. So it is easy to say she left with a balanced budget. She balanced it with your tax dollars.
THE FIRST CAPITOL NEWS CONTINUES TO IMPROVE TO SERVE OUR LOYAL READERS AND ADVERTISERS
As we have mentioned in previous editions, the First Capitol News will soon be available for home delivery by subscription only. It will still be free when distributed through local merchants and at our familiar red newspaper distribution boxes. We will soon be adding additional red newspaper distribution boxes throughout the City. The home delivery charge is very nominal; $20 for six months and $35 for a year.
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THE CITY DESK - Rory Riddler, Councilman Ward 1
Groundhogs Vs. Politicians…
Who Can We Trust?
On February 2nd, whether we want to know or not, the news media will inform us if a groundhog in Punxsutawney, Pennsylvania saw his shadow or not. Based on such conclusive scientific evidence, we will know if winter is to last another six weeks or not.
A few days later, on February 6th, a few hardy voters will emerge from their dens to vote in the non-partisan primary for Mayor. Based on their decision, we will know which campaigns for Mayor will last another nine weeks.
The name of the town which hosts Groundhog Day, Punxsutawney, derives from a Native American name which means ”town of the sandflies”. Which explains why they prefer to be known as the groundhog capital of the world.
Groundhog Day is rooted in ancient Northern European folklore. Of course they didn’t use groundhogs. That’s a strictly American twist. In Germany they used a badger and in other areas bears. I recently uncovered an even more obscure version involving a very unlikely animal that I promise to share with you later in this story.
Of course, just like Groundhog Day is a strictly American tradition, having a non-partisan Mayoral Primary is a strictly St. Charles innovation. We are the only community I’ve found that makes candidates for Mayor run two back-to-back campaigns. For candidates, it means raising twice the money. For voters it means living with political signs and mailers twice as long.
Having an election and campaign in the middle of winter doesn’t make a lot of sense. I’m sure it’s fine for Eskimos and Canadians, but not a lot of people around here will trudge through snow to whittle their choice for Mayor from three candidates to two.
Given the proximity of a February 6th election to the past Christmas Season, the respective candidates for Mayor don’t get a lot of time to campaign. Which means voters don’t get a lot of time to know them.
A candidate forum, sponsored by the Chamber of Commerce, was a worthy attempt at voter education, but the format didn’t allow much time for follow up questions or deeper discussion of the issues. It needed to be more of a real debate. Instead, candidates were politely provided the five controlled questions well in advance.
Voters weren’t seeing the candidates for Mayor in their natural habitat…in the wild so to speak. Come to think of it, they use a fake tree stump to simulate a groundhog burrow in Punxsutawney as well.
Here is one example of where voters would be better off with more information. Sorry to pick on a particular candidate, but her comments on this topic got repeated in the press a few times and need to be cleared up. Former Mayor Grace Nichols said that the Mayor and Council were too wrapped up in squabbles to respond to the St. Charles School District closing two schools.
Painting things with a broad brush is helpful when say painting the broadside of a barn. It is not very helpful to understanding an issue such as this.
The City Council passed not one, but two resolutions calling on the School District not to close grade schools. I know, because I co-sponsored them, along with City Councilman Larry Muench. I personally met with the late Superintendent Jim Cale to argue against school closures. The entire Council met face-to-face with the School Board and this topic was a major part of those discussions.
We pointed out new sources of revenue for the schools including the hundreds of thousands a year the new Casino hotel will provide. We argued that closing schools was counter productive to neighborhood stabilization and helping property values.
While gracious and polite, a majority of the School Board simply felt that declining enrollment left them little choice, but to close schools. I disagree with their conclusions, but they are their own independently elected political body. The City of St. Charles has no legal authority over their decisions.
Had this been a proper debate, perhaps someone could have asked Grace Nichols a simple follow-up question. What would you have done to keep these schools open? Or, if you had a plan for keeping them open, why as a private citizen didn’t you come forward and share your plan? Or, why didn’t you just file for School Board?
There are no doubt questions people have for all three candidates, but in the short Municipal Primary season, there are few forums where they can be asked. Which begs the question, why do we have a non-partisan Primary for Mayor when no other community does?
This change to the Charter was proposed by former Councilman Richard Baum because he felt that former Mayor Bob Moeller had less of a “mandate” to govern since he had won with a plurality. Of course we can and have elected Presidents with a plurality of the popular vote.
I think voters should revisit the idea and I have placed discussion of the Primary on the next Council Work Session. Because we are the only political subdivision holding a February election, the bill from the County Election Authority is over $100,000! That’s how much City taxpayers are being stuck with for the privilege of say 20% of the voters going to the polls on February 6th to narrow the field from three to two candidates. If it snows, or God forbid we have an ice storm or power outages on that day, turnout could be far less. Not even a groundhog might show up to vote.
As I mentioned earlier, Groundhog Day is an ancient tradition. Even without the intervention of a weather forecasting mammal, people looked to the skies (not the ground) on Candlemas Day (February 2nd). An old English saying went:
If Candlemas be fair and bright,
Winter has another flight.
If Candlemas brings clouds and rain,
Winter will not come again.
In Scotland there was a shortened version:
If Candlemas Day is bright and clear,
There’ll be two winters in the year.
For the peoples of Germany it went:
For as the sun shines on Candlemas Day,
So far will the snow swirl until May.
For as the snow blows on Candlemas Day,
So far will the sun shine before May.
For the Pennsylvania Dutch settlers from Germany it evolved into:
If the sun shines on Groundhog Day,
Half the fuel and half the hay.
I promised you an even more obscure reference to the weather prognostication skills of a particular animal. This one so far had escaped the attention of the various references I checked for the history of Groundhog and Candlemas Day.
A few nights ago I was reading a play by English writer John Webster (1570 – 1625). In it was this curious reference:
Let all that belong to great men, remember th’ old wives’ tradition, to be like the lions i’th’ Tower on Candlemasday; to mourn the sun shine for fear of the pitiful remainder of winter to come.
I knew that the English monarchy kept a menagerie of exotic animals, including lions, at the Tower of London. That practice dates back to King John who reigned from 1199 to 1216. The last animals were removed in 1825.
Apparently it was already an “old wives tradition” by 1612 (the date John Webster’s play The White Devil was published) to note the long-range weather forecasting skills of lions in the Tower of London the same way we do the groundhog today.
Perhaps the knowledge that they’re carrying on a noble and ancient tradition, walking in the pawprints as it were of the King of Beasts, will add some “spring” to the step of the lowly groundhog this Candlemas Day.
“Those who denounce state intervention are the ones who most frequently and successfully invoke it. The cry of laissez faire mainly goes up from the ones who, if really ‘let alone’ would instantly lose their wealth-absorbing power.”
Lester Ward
Merriam-Webster - ad nauseam: to a sickening or excessive degree.
The question arose Tuesday night why certain members of council support Whittaker Homes but have been less receptive towards T. R. Hughes, especially. Almost certainly, quite possible, just maybe this will be the last time that the clear difference has to be drawn for those at the Post and for some on council who don’t get it. While Whittaker Homes has presented plans, laid out their goals, never attacked city officials nor paid for recall efforts of duly elected officials for no other reason than to have a stacked council – this still isn’t the crux of the difference. The sole meaningful difference is that Whittaker Homes opted to become a part of the St. Charles community and chose to work with our City rather than withhold its development from our town and simply ask for our sewer and water. Nor did they run to the state for a special law that applied only to St. Charles after they didn’t get their way, then in turn raise a couple hundred thousand dollars for the boys up in Jefferson City as a, “Thank You.” Also, to clear up something that the St. Peters newspapers got quite wrong, the council never, not once, considered cutting off the residents of St. Charles Hills sewer service. What the council did say was that new development sent to our treatment plants via a private company (ECM) would need city approval due to the fact that our treatment plants are reaching capacity and need millions of dollars worth of upgrading and it wasn’t clear if we would have capacity for our own city growth. That said, I am very glad that the council gave a green light for redevelopment of one of the greatest eyesores in our county – Noah’s Ark. This passed six to three and the sponsor, Councilman Brown, was in support, however, couldn’t make the meeting to vote due to a computer crash at his business. The School Board was divided; the TIF Commission was divided – and yes, the Council was divided. In the end our Schools got more than $1.2 million in a single payment and will only realize more revenue each year from the redevelopment of this site. Only Councilman Weller voted not to give the schools this money while Councilman Reese, who served for many years on the St. Charles City School Board, voted in favor of the payment. I do listen to comments and read emails from residents and take the input serious. If someone is concerned enough to write, then they have thought about the issues and they are thinking about their hometown, after all. Even if my vote had been cast based upon this input, the result would have had to be a “Yea” vote because more residents called or wrote to support the blighting of Noah’s Ark.
Next, I would like to thank those of you who have taken the time to write regarding a campaign letter illegally sent to your house regarding the TIF matter. Unfortunately, those who feel they have an inherent right to run the City do not believe they have to follow campaign finance disclosure laws. These folks would have you believe that 1) the ends justify the means, and 2) they want to end acrimony at City Hall by creating acrimony and running campaigns that don’t follow campaign rules and regulations.
For those of you who follow City Hall, things immediately calmed down once the hired guns removed themselves from City Hall and allowed the elected officials a chance to work without threat of recall and lawsuits brought on by certain developers and hired citizens both inside and outside our City. You should expect to hear in the next months how the fighting has to end and how embarrassing it is. Again, the true fighting stopped when big money bowed out of the day-to-day dealings of council. Furthermore, St. Charles, lest you forget, didn’t have its mayor removed from office for taking a bribe. In the same time, O’Fallon was having just as many issues as our town. Fact of the matter is, this council and mayor worked together more often than not but it has been a few major issues of serious disagreement that has kept many of us at odds. These issues are now mostly history. The real sore spot regarding a chief of police has been settled. The recall was rebuffed. The council has saved on employee health insurance; reduced city dependence on gaming funds for on-going expenses; cut utility taxes as pledged, and seen some unexpected growth just south of and north of highway 370. For the past few years we lead in housing permits – a feat that is pretty impressive considering the relative age and remaining potential growth areas of our town. To continue, Mark Twain Mall has grown and improved more and more over the past couple of years and now we have a first-rate development planned at the entrance to our town where currently a blighted site rests. This site that has been vacant for fifteen years now has plans that go beyond a K-Mart or Wal-Mart surrounded by a sea of asphalt. The Noah’s Ark site is an investment reaching over $400 Million with Show-Me Aquatics figured into the figure. This investment amount for such a development is unique to the entire county. I am truly excited about the direction our city is going. Certainly there is much more to do, but the cooperation of the current council set aside differences to support our City as we usually do in spite of what certain circles would have you believe.
Some people have asked what is planned for the animals at Noah’s Ark. I thought maybe it would be fun to consider what some at City Hall would want to do with them. I only had time to think about a few before bedtime. Bob Kneemiller and Mayor York will want the elephant for Party reasons. Rory might want them all for the Children’s museum. John Gieseke will want to take the elephant, paint it white, and then blow it up to signify the end of such white elephants as the Goldenrod Showboat or toy museum.
I don’t know what the plans for the animals will be... maybe they can be donated to, “Art Around The Town.” Maybe you can write to the First Capitol News with your ideas for those indelible creatures.
Regardless, if you think about it, please consider having a big bowl of clam chowder for dinner one night this week in honor of the passing of a St. Charles landmark. A few of you may even still have one of those long, orange-plastic, giraffe drink mixers hidden away. You could get that out and mix yourself a drink. I’d recommend you do that even if you don’t have the giraffe mixer still.
Let’s conclude with an appropriate poem - Recipe for a Hippopotamus by Shel Silverstein:
A hippo sandwich is easy to make.
All you do is simply take
One slice of bread,
One slice of cake,
Some mayonnaise,
One onion ring,
One hippopotamus,
One piece of string,
A dash of pepper--
That ought to do it.
And now comes the problem...
Biting into it!
THE PEOPLE SPEAK - LETTERS TO The Editor
Gentlemen:
Thanks for keeping us abreast of the latest news in St. Charles. We own a scanner and heard the call about the pedestrian being struck on Raymond Drive last night. The web sites for the Post-Dispatch, KSDK, KMOV, and KTVI had no information about it. Yours did!
Thanks again for your up-to-date information.
Jane Verble
Dear Editor,
My roommate and I have been a resident of Powell Terrace for the past 6-7 years now and have seen many changes, but the worst has been the drivers speeding through the subdivision most of which lately have had Lindenwood University stickers on them.
This past Sunday 01/21/07 my roommate was shoveling the snow from our parking spots into the street so it could be taken care of by the snowplow, a vehicle approached quickly and the passenger of the vehicle yelled out “They had to slow down to 20 miles per hour because he(my roommate) was shoveling the snow into the street” now the speed limit is posted by a sign right by our apartment for 15 miles per hour; the occupant of the vehicle threatened to call police on him(my roommate) and he pointed to the speed limit sign passenger was then told to go ahead and call as my roommate pointed to the speed limit sign, the driver then spun out and almost lost control and almost hit a parked car in the process, my roommate noticed that on the back of the car was a Lindenwood University emblem on the rear glass and was trying to get a plate number but the license plate was covered with snow, I was told about the incident and called Lindenwood to try and make a complaint and was given the shuffle about not having the phone number for security, I finally told the person on the phone to connect me with security or the next phone call I make was going to be to St. Charles City Police and they connected me, the person that answered was told my name and the street I live on and the occurrence and I was told they would handle it.
Now understand that I have seen people slow down for the stop sign just up the street from me and I have even been yelled at for doing the posted speed limit but this speeding through Powell Terrace is getting really bad, there are children living in this area and police seem few and far between most of the time but I understand that sometimes they(the police) are busy elsewhere but what does a person have to do ? If you call the police every time you would be making a call several times a day and Lindenwood security from the sound of the person I talked to on the phone seemed like he would rather not even hear it.
Now the people that live in this neighborhood may not be the wealthiest and the homes may not be worth several 100 thousand dollars but we pay taxes and we live here and most of them are families with children all we can really ask for since Lindenwood seems to be trying to buy up all this area is respect for the speed limits posted and stop signs and consideration for the safety of the families living here.
I would prefer you withhold my last name and address since I don’t want any possible retaliation
Sensationalism Sells Newspapers
But You Deserve The Facts
Dear St. Peters Resident:
No newspaper or television reporter sat in on the Federal Court case brought by the owners of a bar against the City of St. Peters and myself (your former Mayor Tom Brown). While the Hodaks were interviewed extensively in the press, the same courtesy was not extended to myself as a defendant in the case.
I felt you had the right to hear the other side of the story. Then you can judge for yourself whether this was a case of justice.
Twenty witnesses appeared on behalf of the City and testified under oath that I NEVER directed them to take any action against the bar in question.
These witnesses included the current and former Police Chiefs of St. Peters and other law enforcement officers. Among the elected public officials who testified under oath that I did not direct the revocation of the bar’s liquor license, were Alderman Len Pagano and former Alderwoman Michelle Stein, two ardent opponents when I served as Mayor. Yet their testimony clearly proved that this was not a case of political retaliation for letters that the Hodaks had written critical of the City or myself. At no time did I try to tell these or any Alderman how to vote on the matter of the liquor license revocation.
The Hodaks produced several witnesses. They failed to produce even a single witness at trial who would testify that I had directed anyone to do anything against them.
So was there just cause for the City to have revoked the Hodak’s liquor license?
I believe that the jury failed to fully consider the strong record of license abuse at this establishment. Complaints to the City included fights where beer bottles were broken over heads (causing severe injury to a customer), four cases of minors being served alcohol, and the owner himself tackling and getting into a brawl with a patron on the parking lot.
This evidence was reviewed by the Board of Aldermen, who ultimately made the decision to revoke this license. They acted in the best interests of the residents and families of the City of St. Peters to protect the public health, safety and welfare of our community. I did not vote on this revocation, and in fact was not present when the vote was taken.
People remember the McDonald’s “Hot Coffee” lawsuit, which resulted in millions of dollars in a miscarriage of justice.
This is exactly the type of case that should be reviewed and the final chapter on this case may not yet be written.
What you can be sure of, however, is that your City and I acted properly. Anyone who takes the time to read the full transcript of the trial will come to the same conclusion. Had any member of the news media been at the trial, these facts would have come out sooner.
But the fact that only the Hodaks were given the opportunity to be interviewed by the media, and the sensationalism of the headlines, prompted me to write this personal letter to you and your neighbors.
I have always believed that the best defense against any slander is the truth and hope that I have done an adequate job in this limited space, to give you a true picture of this case. Thank you for taking the time to read this letter and for your fair consideration of its contents.
Sincerely,
Tom Brown
Former Mayor
City of St. Peters
Thanks for keeping us abreast of the latest news in St. Charles. We own a scanner and heard the call about the pedestrian being struck on Raymond Drive last night. The web sites for the Post-Dispatch, KSDK, KMOV, and KTVI had no information about it. Yours did!
Thanks again for your up-to-date information.
Jane Verble
Dear Editor,
My roommate and I have been a resident of Powell Terrace for the past 6-7 years now and have seen many changes, but the worst has been the drivers speeding through the subdivision most of which lately have had Lindenwood University stickers on them.
This past Sunday 01/21/07 my roommate was shoveling the snow from our parking spots into the street so it could be taken care of by the snowplow, a vehicle approached quickly and the passenger of the vehicle yelled out “They had to slow down to 20 miles per hour because he(my roommate) was shoveling the snow into the street” now the speed limit is posted by a sign right by our apartment for 15 miles per hour; the occupant of the vehicle threatened to call police on him(my roommate) and he pointed to the speed limit sign passenger was then told to go ahead and call as my roommate pointed to the speed limit sign, the driver then spun out and almost lost control and almost hit a parked car in the process, my roommate noticed that on the back of the car was a Lindenwood University emblem on the rear glass and was trying to get a plate number but the license plate was covered with snow, I was told about the incident and called Lindenwood to try and make a complaint and was given the shuffle about not having the phone number for security, I finally told the person on the phone to connect me with security or the next phone call I make was going to be to St. Charles City Police and they connected me, the person that answered was told my name and the street I live on and the occurrence and I was told they would handle it.
Now understand that I have seen people slow down for the stop sign just up the street from me and I have even been yelled at for doing the posted speed limit but this speeding through Powell Terrace is getting really bad, there are children living in this area and police seem few and far between most of the time but I understand that sometimes they(the police) are busy elsewhere but what does a person have to do ? If you call the police every time you would be making a call several times a day and Lindenwood security from the sound of the person I talked to on the phone seemed like he would rather not even hear it.
Now the people that live in this neighborhood may not be the wealthiest and the homes may not be worth several 100 thousand dollars but we pay taxes and we live here and most of them are families with children all we can really ask for since Lindenwood seems to be trying to buy up all this area is respect for the speed limits posted and stop signs and consideration for the safety of the families living here.
I would prefer you withhold my last name and address since I don’t want any possible retaliation
Sensationalism Sells Newspapers
But You Deserve The Facts
Dear St. Peters Resident:
No newspaper or television reporter sat in on the Federal Court case brought by the owners of a bar against the City of St. Peters and myself (your former Mayor Tom Brown). While the Hodaks were interviewed extensively in the press, the same courtesy was not extended to myself as a defendant in the case.
I felt you had the right to hear the other side of the story. Then you can judge for yourself whether this was a case of justice.
Twenty witnesses appeared on behalf of the City and testified under oath that I NEVER directed them to take any action against the bar in question.
These witnesses included the current and former Police Chiefs of St. Peters and other law enforcement officers. Among the elected public officials who testified under oath that I did not direct the revocation of the bar’s liquor license, were Alderman Len Pagano and former Alderwoman Michelle Stein, two ardent opponents when I served as Mayor. Yet their testimony clearly proved that this was not a case of political retaliation for letters that the Hodaks had written critical of the City or myself. At no time did I try to tell these or any Alderman how to vote on the matter of the liquor license revocation.
The Hodaks produced several witnesses. They failed to produce even a single witness at trial who would testify that I had directed anyone to do anything against them.
So was there just cause for the City to have revoked the Hodak’s liquor license?
I believe that the jury failed to fully consider the strong record of license abuse at this establishment. Complaints to the City included fights where beer bottles were broken over heads (causing severe injury to a customer), four cases of minors being served alcohol, and the owner himself tackling and getting into a brawl with a patron on the parking lot.
This evidence was reviewed by the Board of Aldermen, who ultimately made the decision to revoke this license. They acted in the best interests of the residents and families of the City of St. Peters to protect the public health, safety and welfare of our community. I did not vote on this revocation, and in fact was not present when the vote was taken.
People remember the McDonald’s “Hot Coffee” lawsuit, which resulted in millions of dollars in a miscarriage of justice.
This is exactly the type of case that should be reviewed and the final chapter on this case may not yet be written.
What you can be sure of, however, is that your City and I acted properly. Anyone who takes the time to read the full transcript of the trial will come to the same conclusion. Had any member of the news media been at the trial, these facts would have come out sooner.
But the fact that only the Hodaks were given the opportunity to be interviewed by the media, and the sensationalism of the headlines, prompted me to write this personal letter to you and your neighbors.
I have always believed that the best defense against any slander is the truth and hope that I have done an adequate job in this limited space, to give you a true picture of this case. Thank you for taking the time to read this letter and for your fair consideration of its contents.
Sincerely,
Tom Brown
Former Mayor
City of St. Peters
King’s Ball Frenchtown Mardi Gras February 9th Parade on February 10th
www.FrenchtownMardiGras.com
A new approach to fundraising galas
The Historic Frenchtown Association is putting a fresh spin on fundraising, bringing it online and creating a buzz through email. Kim Paris, of Griffey Custom Homes, is Chairman of the 2007 Frenchtown King’s Ball being held Friday, February 9th in the Foundry Arts Centre Grand Hall. It’s the fifth annual fundraiser hosted by the Historic Frenchtown Association (HFA). Paris says the organization is new at this compared to the dozens of St.Charles groups that host fundraisers throughout the year “so why not try something new?” “Our specific goal this year is to increase attendance to unprecedented levels, and focus greater importance on our donors, heretofore unheard of in local event sponsorship.” Paris says their approach has already proved successful. “The buzz is growing quickly. We’ve launched our own web page –www.FrenchtownMardiGras.com – giving us a broader appeal, and we’re even offering online ticket purchases through Pay Pal”. The site was professionally designed by Lee Allen Advertising, and is being hosted by The Snap Group, both located in St.Charles. “It’s amazing how quickly word gets around that ‘the King’s Ball is the place to be’ when people get on the internet and start sharing the website and emails with their friends and co-workers.” The web page is shared with the St.Charles Jaycees to promote their subsequent event - the “family friendly” Frenchtown Mardi Gras Parade on Saturday, February 10th. “We’re hopeful the Jaycees will also see the benefit of increased awareness.”
Paris says it’s not enough to just get people talking, the HFA is committed to providing the best possible party for their ticket holders, thus their catchphrase This is Not Your Father’s Fundraiser. “Hey, we’re Frenchtown after all!” “And we’d like to host something that is so memorable our party guests start looking forward to next year as they leave that night” says Paris. It starts with the room. “The Foundry’s Grand Hall is already grand, but it’s going to be dramatic on Friday the 9th.” Technical production of the King’s Ball is being provided by nationally acclaimed TPI Events, featuring Disney patented technology. Happy Hour starts at 6:30, followed by a French Cajun Feast at 7:30. The Frenchtown King and Queen and their Royal Court will be crowned following dinner, and then, Paris says, “The Frenchtown King and Queen and their Royal Court will be crowned following dinner, and then, Paris says, “We bring it up a notch or two”. “Bone Daddy and the Blues Shakers is the St.Louis area’s premier Mardi Gras band; we’re happy to have been able to book them for this event.” The band is participating in the Soulard Mardi Gras parade the following weekend with their own float – a giant pirate ship. Paris says “I expect that many of our guests that night will be dressed as Mardi Gras Pirates.” Prizes will be awarded for the best costumes, otherwise the attire is “formal.”
In years past, the proceeds from this event have helped fund many improvements in the Frenchtown Historic District including tree planting, new historic markers, decorative stop signs, bike racks, neighborhood clean-ups, park benches and community involvement events. The street lighting project continues to progress into 2007 and boundary markers will soon mark the corners of the Historic District. HFA President Stephanie Troesser says “our organization is accomplishing one goal after another thanks to our many visitors, volunteers, and supporters.” And, she adds, “we hope to see all of them at the Frenchtown King’s Ball in two weeks.
For more information on the Frenchtown King’s Ball and the Jaycees “Family Friendly” Mardi Gras Parade visit their website www.FrenchtownMardiGras.com or contact Kim Paris (HFA) at 636-699-7504 or Scott Tate (Jaycees) at 636-946-0633.
A new approach to fundraising galas
The Historic Frenchtown Association is putting a fresh spin on fundraising, bringing it online and creating a buzz through email. Kim Paris, of Griffey Custom Homes, is Chairman of the 2007 Frenchtown King’s Ball being held Friday, February 9th in the Foundry Arts Centre Grand Hall. It’s the fifth annual fundraiser hosted by the Historic Frenchtown Association (HFA). Paris says the organization is new at this compared to the dozens of St.Charles groups that host fundraisers throughout the year “so why not try something new?” “Our specific goal this year is to increase attendance to unprecedented levels, and focus greater importance on our donors, heretofore unheard of in local event sponsorship.” Paris says their approach has already proved successful. “The buzz is growing quickly. We’ve launched our own web page –www.FrenchtownMardiGras.com – giving us a broader appeal, and we’re even offering online ticket purchases through Pay Pal”. The site was professionally designed by Lee Allen Advertising, and is being hosted by The Snap Group, both located in St.Charles. “It’s amazing how quickly word gets around that ‘the King’s Ball is the place to be’ when people get on the internet and start sharing the website and emails with their friends and co-workers.” The web page is shared with the St.Charles Jaycees to promote their subsequent event - the “family friendly” Frenchtown Mardi Gras Parade on Saturday, February 10th. “We’re hopeful the Jaycees will also see the benefit of increased awareness.”
Paris says it’s not enough to just get people talking, the HFA is committed to providing the best possible party for their ticket holders, thus their catchphrase This is Not Your Father’s Fundraiser. “Hey, we’re Frenchtown after all!” “And we’d like to host something that is so memorable our party guests start looking forward to next year as they leave that night” says Paris. It starts with the room. “The Foundry’s Grand Hall is already grand, but it’s going to be dramatic on Friday the 9th.” Technical production of the King’s Ball is being provided by nationally acclaimed TPI Events, featuring Disney patented technology. Happy Hour starts at 6:30, followed by a French Cajun Feast at 7:30. The Frenchtown King and Queen and their Royal Court will be crowned following dinner, and then, Paris says, “The Frenchtown King and Queen and their Royal Court will be crowned following dinner, and then, Paris says, “We bring it up a notch or two”. “Bone Daddy and the Blues Shakers is the St.Louis area’s premier Mardi Gras band; we’re happy to have been able to book them for this event.” The band is participating in the Soulard Mardi Gras parade the following weekend with their own float – a giant pirate ship. Paris says “I expect that many of our guests that night will be dressed as Mardi Gras Pirates.” Prizes will be awarded for the best costumes, otherwise the attire is “formal.”
In years past, the proceeds from this event have helped fund many improvements in the Frenchtown Historic District including tree planting, new historic markers, decorative stop signs, bike racks, neighborhood clean-ups, park benches and community involvement events. The street lighting project continues to progress into 2007 and boundary markers will soon mark the corners of the Historic District. HFA President Stephanie Troesser says “our organization is accomplishing one goal after another thanks to our many visitors, volunteers, and supporters.” And, she adds, “we hope to see all of them at the Frenchtown King’s Ball in two weeks.
For more information on the Frenchtown King’s Ball and the Jaycees “Family Friendly” Mardi Gras Parade visit their website www.FrenchtownMardiGras.com or contact Kim Paris (HFA) at 636-699-7504 or Scott Tate (Jaycees) at 636-946-0633.
THE VIEW FROM THE CHEAP SEATS By Jerry Haferkamp
The View From The Cheap Seats
By Jerry Haferkamp
I was out of town during the mayoral “forum”. It is a shame that it wasn’t a debate, not the boring question and answer forum where the candidates have time to present polished answers.
I did read that Grace Nichols questioned the council’s time spent on the recall issues. Allow me to explain.
There are some in St. Charles that think our city is their sandbox. Only they are allowed to play. They were unable to purchase enough council seats in the last council election, so they hired some “concerned citizens” to drum up phony issues. They bought canvassers to get signatures necessary to try to kick out a good council member and replace her with one who would continue to put new sand in their sandbox. The attempt was wrought with fraud.
Our mayor degraded her office and herself by not only failing to denounce this fraud, but by actually working with the perpetrators of this fraud. She endorsed the fraud when she publicly asserted that it didn’t matter how the signatures were obtained, it only mattered that the perpetrators of the fraud had them. She then further tarnished the office by working the polls to show that she supported the criminal acts. Her desperation to get one more vote on the council overrode her good sense.
Our council stepped up and took the time to try to save the citizens from the fraud. Well, at least some of them did. None of our city services were jeopardized during the time they took to fight this fraud. Maybe Ms. Nichols felt that de-railing this fraud on our citizens wasn’t important, but thankfully some on our council thought our citizens are worth fighting for. Since our county prosecutor has shown no interest in charging the persons involved in these criminal acts, it was good that someone stood up for us.
Nice to see that Mike Klinghammer has filed for the council seat in Ward 8. I’m sure there will not be any threatening calls made from his cell phone.
I’m disappointed that Dottie Greer isn’t running this time. She has a lot of concern for the people in this city. She understands that the “city” isn’t the governing assemblage on North Second Street, but rather the people that reside here. At least she didn’t let “Patti’s Posse” run her out.
Note to school board. Re: TIF for Noah’s Ark property. “Part” of something is better than “all” of nothing. Like many investors know, profit isn’t always instant, but can be rewarding in time.
As usual, that’s just the view from the cheap seats.
By Jerry Haferkamp
I was out of town during the mayoral “forum”. It is a shame that it wasn’t a debate, not the boring question and answer forum where the candidates have time to present polished answers.
I did read that Grace Nichols questioned the council’s time spent on the recall issues. Allow me to explain.
There are some in St. Charles that think our city is their sandbox. Only they are allowed to play. They were unable to purchase enough council seats in the last council election, so they hired some “concerned citizens” to drum up phony issues. They bought canvassers to get signatures necessary to try to kick out a good council member and replace her with one who would continue to put new sand in their sandbox. The attempt was wrought with fraud.
Our mayor degraded her office and herself by not only failing to denounce this fraud, but by actually working with the perpetrators of this fraud. She endorsed the fraud when she publicly asserted that it didn’t matter how the signatures were obtained, it only mattered that the perpetrators of the fraud had them. She then further tarnished the office by working the polls to show that she supported the criminal acts. Her desperation to get one more vote on the council overrode her good sense.
Our council stepped up and took the time to try to save the citizens from the fraud. Well, at least some of them did. None of our city services were jeopardized during the time they took to fight this fraud. Maybe Ms. Nichols felt that de-railing this fraud on our citizens wasn’t important, but thankfully some on our council thought our citizens are worth fighting for. Since our county prosecutor has shown no interest in charging the persons involved in these criminal acts, it was good that someone stood up for us.
Nice to see that Mike Klinghammer has filed for the council seat in Ward 8. I’m sure there will not be any threatening calls made from his cell phone.
I’m disappointed that Dottie Greer isn’t running this time. She has a lot of concern for the people in this city. She understands that the “city” isn’t the governing assemblage on North Second Street, but rather the people that reside here. At least she didn’t let “Patti’s Posse” run her out.
Note to school board. Re: TIF for Noah’s Ark property. “Part” of something is better than “all” of nothing. Like many investors know, profit isn’t always instant, but can be rewarding in time.
As usual, that’s just the view from the cheap seats.
MoDOT to remove bridge deck over Route 61
MoDOT to remove bridge deck over Route 61
Work requires weekend closure of Route A bridge
The Missouri Department of Transportation with its contractor, Gaines Construction Company, will close Route 61 under Route A and the Route A bridge over Route 61, weather permitting, from 10 p.m. Friday, January 26, to 4 a.m. Monday, January 29. The closure is to remove the old Route A/Wentzville Parkway bridge deck across Route 61, part of a $5.2 million interchange improvement project at Route 61 and Route A.
Traffic on Route 61 will be diverted over the entrance and exit ramps around the bridge during the closure. The bridge on Route A across Route 61 will be closed during the deck removal hours, except for Saturday, January 27 from 10 a.m. to 7 p.m. The Wentzville Police Department will be directing traffic during the closure.
While the Route A bridge is closed, travelers on westbound Route A will be able to make a right hand turn only onto northbound Route 61 and travelers on eastbound Route A will be able to make a right hand turn only onto southbound Route 61. Motorists on westbound Route A who want to travel south on Route 61 must turn right onto northbound Route 61 and will be able to make a legal U-turn at a crossover about ½ mile up northbound Route 61.
This closure is dependent upon weekend weather conditions. If construction work is postponed, MoDOT will release updated information as quickly as possible.
Motorists may experience delays and are encouraged to use alternate routes. Plan ahead — for ways to avoid work zones, call 1-888-ASK-MODOT or visit our website at www.modot.org.
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Work requires weekend closure of Route A bridge
The Missouri Department of Transportation with its contractor, Gaines Construction Company, will close Route 61 under Route A and the Route A bridge over Route 61, weather permitting, from 10 p.m. Friday, January 26, to 4 a.m. Monday, January 29. The closure is to remove the old Route A/Wentzville Parkway bridge deck across Route 61, part of a $5.2 million interchange improvement project at Route 61 and Route A.
Traffic on Route 61 will be diverted over the entrance and exit ramps around the bridge during the closure. The bridge on Route A across Route 61 will be closed during the deck removal hours, except for Saturday, January 27 from 10 a.m. to 7 p.m. The Wentzville Police Department will be directing traffic during the closure.
While the Route A bridge is closed, travelers on westbound Route A will be able to make a right hand turn only onto northbound Route 61 and travelers on eastbound Route A will be able to make a right hand turn only onto southbound Route 61. Motorists on westbound Route A who want to travel south on Route 61 must turn right onto northbound Route 61 and will be able to make a legal U-turn at a crossover about ½ mile up northbound Route 61.
This closure is dependent upon weekend weather conditions. If construction work is postponed, MoDOT will release updated information as quickly as possible.
Motorists may experience delays and are encouraged to use alternate routes. Plan ahead — for ways to avoid work zones, call 1-888-ASK-MODOT or visit our website at www.modot.org.
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THE DIRTY DOZEN – WORST SCAMS OF 2006
The Better Business Bureau (BBB) serving Eastern Missouri and Southern Illinois releases its first Dirty Dozen Scams list. “We started the ‘Dirty Dozen Scams’ list in response to real public need that we see every day,” says Michelle L. Corey, president & CEO of the BBB. “People are getting taken by con artists and suffering severe losses. We have had great support from our members and local consumer protection, business, and law enforcement agencies to identify the worst scams to impact Eastern Missouri & Southern Illinois residents. Along with the Dirty Dozen Scams list are practical tips you can use to protect yourself from becoming a victim of con artists.” Here’s the list, in no particular order.
1) Identity Theft – ID Theft occurs when thieves steal your personal information from your mailbox, garbage, recycling box, computer or by asking you questions via phone, mail, fax or email about your banking or credit card information, passwords or Social Security Number.
Consumer Tip: Never give out your personal or banking information. Store all documents containing personal information in a locked cabinet and shred before discarding. Keep your passwords and Social Security Number confidential. Monitor your account statements monthly and check your credit report annually. If you suspect you are a victim of ID theft contact your local police or the Federal Trade Commission and financial institutions immediately.
2) Medicare Card Fraud –Illegal door-to-door or telephone solicitation scams selling “Medicare-approved” discount drug cards, have been reported across the country. Consumers are advised to be suspicious of any solicitation that asks for their banking, Social Security, Medicare or credit card information.
Consumer Tip: You will be able to confirm that the cards are legitimate by checking the government’s Web site at http://www.medicare.gov or by calling 1-800-MEDICARE. When considering a drug discount card, it is best to shop around. Do not jump at the first offer. Look for the card that will bring the best discount and can be used at local pharmacies.
3) Bogus Checks / Overpayment Schemes – In this scam, fraudsters typically target people selling a product via classified ads or online bulletin boards. The buyer/scammer sends a check for a product or service for more than the negotiated price. The scammer then requests that the seller deposit the money and return the excess funds. The original check is typically stolen or fake, and by the time the victim has cashed and returned excess funds the scammer has disappeared with the money and the product.
Consumer Tip: Never accept payment for more than your selling price and never agree to refund excess money to an unknown buyer. When accepting a check from a stranger hold the product and the money in your account until the check officially clears at the bank.
4) Internet Fraud – Beware of fake websites, emails (phishing scams) and Voice Over IP phone calls (vishing scams) from scam artists pretending to be legitimate businesses, asking for your personal or banking information. Also beware of sellers from online auctions who try to lure you outside the security of the online auction site, or who ask you to download programs (usually viruses or password stealing software) in order to transact business with them. The Internet is open 24 hours a day, seven days a week and offers shopping that can be just as safe as stores or mail orders. However, on the web, cyberspace crooks have the potential to perpetuate scams quickly, leaving no paper trails and bypassing all geographic boundaries.
Consumer Tip: Only enter personal or credit card information on secured websites. Look for the letter “s” (https://) and for an unbroken padlock symbol to determine if the site is secure. Check for the BBBOnLine Reliability Seal on each Web site. Never download programs to your computer from unknown sources.
5) Health, Beauty & Fitness Claims – Fraudulent health treatment claims are a growing concern in the marketplace. Beware of too good to be true advertisements promising “rapid & effortless weight-loss,” “miracle cures,” or “newly discovered” treatments for disease and illness.
Consumer Tip: Before buying any treatment or medication or joining any health and fitness program, consult your physician, pharmacist or other health care professional. Before signing any contract take the time to read the fine print and ensure you understand your contractual obligations and the cancellation or refund policy.
6) Lottery & Sweepstake Scams – Victims are informed they have won a large lottery prize or sweepstake, and often are sent a check for a few thousands dollars of winnings. The “winners” then are asked to pay back a small portion to cover taxes and/or processing fees, before accessing their winnings. The victim sends money and never receives his or her winnings. Any checks sent by the lottery company are fake or stolen, and do not clear the bank.
Consumer Tip: Legitimate lotteries and sweepstakes will not require you to pay money in order to receive your prize. Do not respond to lottery or sweepstake scams, as responding to one solicitation typically opens the door to dozens more. To reduce unsolicited marketing offers from such organizations, register with your state’s Attorney General’s “Do-Not-Call” list.
7) Advanced Fee Loans - The scenario is all too common: a consumer receives a call or e-mail or sees an advertisement for a pre-approved loan or credit card and calls to receive an application. The company says yes, they can offer you a loan regardless of your credit history, if you pay an up-front "insurance," "security," or "processing," fee in advance. Too often, those with bad credit - who can least afford it - end up losing their up-front fee and never hear from the company again.
Consumer Tip: It's against the law to ask you to pay - or accept payment - for services until you get your loan or credit..Legitimate lenders never ask you to pay for processing your application. Never give your credit card account number, bank account information, or Social Security number over the telephone or Internet unless you are familiar with the company and know why the information is necessary.
8) Home Repair Rip-Offs – The construction industry is plagued with fly-by-night scam artists who show up on your doorstep offering to do house and yard work for exorbitant fees. Home repair rip-off artists typically request that you pay fees up front before the work is completed, refuse to provide a written receipt and complete work poorly. Watch out for companies that knock on your door offering to do work, regularly over bill or that charge for services you have not requested.
Consumer Tip: When you need work completed around your home get estimates from a minimum of three contractors who have permanent addresses in your area. Visit www.contactbbb.org to check the company’s Reliability Report before agreeing to do business.
9) Bogus Charities – Scam artists pretending to represent a charity often contact victims by phone or show up on the door step during the same fundraising cycles as legitimate charities. Watch out for bogus charities with names that sound like legitimate ones.
Consumer Tip: Ask all fundraisers for their name, the charity name and their contact information before considering a donation. Ask how much of your donation actually goes to the program. Visit the BBB Wise Giving Alliance at www.wga.org for a list of charities that have been evaluated. Reports on locally soliciting charities are available at www.contactbbb.org.
10) Work-At-Home Schemes – Work-at-home con artists have always preyed most heavily upon senior citizens, the disabled, mothers who want to stay at home with their children, people with low income and few job skills, and people who just want to get rich quick.
Consumer Tip: To avoid falling for work-at-home scams, both on- and off-line, look for the following warning signs: Overstated claims of product effectiveness; exaggerated claims of potential earnings, profits, or part-time earnings; claims of "inside" information; requirements of money for instructions or products before telling you how the plan works; and claims of "no experience necessary.”
11) Resort Vacation Promotions – Free or low cost exotic vacation packages or prizes often come with hidden costs and several hours of high pressure sales meetings.
Consumer Tip: If it sounds too good to be true it probably is. Don’t sign up for any vacation package promotion without knowing what you are really getting into. Ask lots of questions about the realistic costs, insurance coverage and sales seminar requirements. Get the details in writing before you commit to the vacation.
12) Directory Scams – In these scams businesses are typically invited to submit their company contact information for publication in a business directory for distribution on CD-Rom. By submitting their contact information, the business unintentionally has committed to paying an exorbitant advertising fee to be listed in a directory that often is only distributed to other advertisers.
Consumer Tip: Read the fine print before giving out business information and before signing any document.
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1) Identity Theft – ID Theft occurs when thieves steal your personal information from your mailbox, garbage, recycling box, computer or by asking you questions via phone, mail, fax or email about your banking or credit card information, passwords or Social Security Number.
Consumer Tip: Never give out your personal or banking information. Store all documents containing personal information in a locked cabinet and shred before discarding. Keep your passwords and Social Security Number confidential. Monitor your account statements monthly and check your credit report annually. If you suspect you are a victim of ID theft contact your local police or the Federal Trade Commission and financial institutions immediately.
2) Medicare Card Fraud –Illegal door-to-door or telephone solicitation scams selling “Medicare-approved” discount drug cards, have been reported across the country. Consumers are advised to be suspicious of any solicitation that asks for their banking, Social Security, Medicare or credit card information.
Consumer Tip: You will be able to confirm that the cards are legitimate by checking the government’s Web site at http://www.medicare.gov or by calling 1-800-MEDICARE. When considering a drug discount card, it is best to shop around. Do not jump at the first offer. Look for the card that will bring the best discount and can be used at local pharmacies.
3) Bogus Checks / Overpayment Schemes – In this scam, fraudsters typically target people selling a product via classified ads or online bulletin boards. The buyer/scammer sends a check for a product or service for more than the negotiated price. The scammer then requests that the seller deposit the money and return the excess funds. The original check is typically stolen or fake, and by the time the victim has cashed and returned excess funds the scammer has disappeared with the money and the product.
Consumer Tip: Never accept payment for more than your selling price and never agree to refund excess money to an unknown buyer. When accepting a check from a stranger hold the product and the money in your account until the check officially clears at the bank.
4) Internet Fraud – Beware of fake websites, emails (phishing scams) and Voice Over IP phone calls (vishing scams) from scam artists pretending to be legitimate businesses, asking for your personal or banking information. Also beware of sellers from online auctions who try to lure you outside the security of the online auction site, or who ask you to download programs (usually viruses or password stealing software) in order to transact business with them. The Internet is open 24 hours a day, seven days a week and offers shopping that can be just as safe as stores or mail orders. However, on the web, cyberspace crooks have the potential to perpetuate scams quickly, leaving no paper trails and bypassing all geographic boundaries.
Consumer Tip: Only enter personal or credit card information on secured websites. Look for the letter “s” (https://) and for an unbroken padlock symbol to determine if the site is secure. Check for the BBBOnLine Reliability Seal on each Web site. Never download programs to your computer from unknown sources.
5) Health, Beauty & Fitness Claims – Fraudulent health treatment claims are a growing concern in the marketplace. Beware of too good to be true advertisements promising “rapid & effortless weight-loss,” “miracle cures,” or “newly discovered” treatments for disease and illness.
Consumer Tip: Before buying any treatment or medication or joining any health and fitness program, consult your physician, pharmacist or other health care professional. Before signing any contract take the time to read the fine print and ensure you understand your contractual obligations and the cancellation or refund policy.
6) Lottery & Sweepstake Scams – Victims are informed they have won a large lottery prize or sweepstake, and often are sent a check for a few thousands dollars of winnings. The “winners” then are asked to pay back a small portion to cover taxes and/or processing fees, before accessing their winnings. The victim sends money and never receives his or her winnings. Any checks sent by the lottery company are fake or stolen, and do not clear the bank.
Consumer Tip: Legitimate lotteries and sweepstakes will not require you to pay money in order to receive your prize. Do not respond to lottery or sweepstake scams, as responding to one solicitation typically opens the door to dozens more. To reduce unsolicited marketing offers from such organizations, register with your state’s Attorney General’s “Do-Not-Call” list.
7) Advanced Fee Loans - The scenario is all too common: a consumer receives a call or e-mail or sees an advertisement for a pre-approved loan or credit card and calls to receive an application. The company says yes, they can offer you a loan regardless of your credit history, if you pay an up-front "insurance," "security," or "processing," fee in advance. Too often, those with bad credit - who can least afford it - end up losing their up-front fee and never hear from the company again.
Consumer Tip: It's against the law to ask you to pay - or accept payment - for services until you get your loan or credit..Legitimate lenders never ask you to pay for processing your application. Never give your credit card account number, bank account information, or Social Security number over the telephone or Internet unless you are familiar with the company and know why the information is necessary.
8) Home Repair Rip-Offs – The construction industry is plagued with fly-by-night scam artists who show up on your doorstep offering to do house and yard work for exorbitant fees. Home repair rip-off artists typically request that you pay fees up front before the work is completed, refuse to provide a written receipt and complete work poorly. Watch out for companies that knock on your door offering to do work, regularly over bill or that charge for services you have not requested.
Consumer Tip: When you need work completed around your home get estimates from a minimum of three contractors who have permanent addresses in your area. Visit www.contactbbb.org to check the company’s Reliability Report before agreeing to do business.
9) Bogus Charities – Scam artists pretending to represent a charity often contact victims by phone or show up on the door step during the same fundraising cycles as legitimate charities. Watch out for bogus charities with names that sound like legitimate ones.
Consumer Tip: Ask all fundraisers for their name, the charity name and their contact information before considering a donation. Ask how much of your donation actually goes to the program. Visit the BBB Wise Giving Alliance at www.wga.org for a list of charities that have been evaluated. Reports on locally soliciting charities are available at www.contactbbb.org.
10) Work-At-Home Schemes – Work-at-home con artists have always preyed most heavily upon senior citizens, the disabled, mothers who want to stay at home with their children, people with low income and few job skills, and people who just want to get rich quick.
Consumer Tip: To avoid falling for work-at-home scams, both on- and off-line, look for the following warning signs: Overstated claims of product effectiveness; exaggerated claims of potential earnings, profits, or part-time earnings; claims of "inside" information; requirements of money for instructions or products before telling you how the plan works; and claims of "no experience necessary.”
11) Resort Vacation Promotions – Free or low cost exotic vacation packages or prizes often come with hidden costs and several hours of high pressure sales meetings.
Consumer Tip: If it sounds too good to be true it probably is. Don’t sign up for any vacation package promotion without knowing what you are really getting into. Ask lots of questions about the realistic costs, insurance coverage and sales seminar requirements. Get the details in writing before you commit to the vacation.
12) Directory Scams – In these scams businesses are typically invited to submit their company contact information for publication in a business directory for distribution on CD-Rom. By submitting their contact information, the business unintentionally has committed to paying an exorbitant advertising fee to be listed in a directory that often is only distributed to other advertisers.
Consumer Tip: Read the fine print before giving out business information and before signing any document.
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Author Dr. Daniel Brown To Speak At Library January 31st
Dr. Daniel Brown, of St. Charles County, will be speaking at the Kathryn Linnemann Library Wednesday, January 31, 2007 at 7:30PM on “St. Charles County’s Pivotal Role in the Settling of America’s West.”
Dr. Brown is the author of “Westering River, Westering Trail”; a history of St. Charles County from its founding to 1849. This new book explains the periods of French, Spanish and American settlement in the region from its founding by Blanchette to 1849. The book has 388 pages, with 149 photos.
He also authored “Small Glories” a memoir of Southern St. Charles County and the formation of the Francis Howell School District.
Both books are available at the St. Charles County Historical Society, Main Street Books and Bookmark.
Please call the library for reservations. 636-723-0232 or 636-946-6294.
Dr. Brown is the author of “Westering River, Westering Trail”; a history of St. Charles County from its founding to 1849. This new book explains the periods of French, Spanish and American settlement in the region from its founding by Blanchette to 1849. The book has 388 pages, with 149 photos.
He also authored “Small Glories” a memoir of Southern St. Charles County and the formation of the Francis Howell School District.
Both books are available at the St. Charles County Historical Society, Main Street Books and Bookmark.
Please call the library for reservations. 636-723-0232 or 636-946-6294.
“DO YOU WANT TO AUDITION FOR TOP MAGAZINES?”
“DO YOU WANT TO AUDITION
FOR TOP MAGAZINES?”
BE CAREFUL, IT COULD COST YOU HUNDREDS
OF DOLLARS!
A former Mizzou theater major received a postcard for an audition at Images of St. Louis. He told the Better Business Bureau (BBB), “After the auditions they selected people to sign up for classes. I was surprised because they did not advertise classes.”
He signed a $4,150 contract with Images in June 2006. He explained, “You pretty much had to take the classes if you wanted to work with them as their client.” After attending the classes he felt the classes were different than described in the course syllabus. He cancelled the contract in mid-August, after paying $1,061. Images forgave the balance of the contract.
During its 36-month reporting period, the BBB received 16 complaints and reports against Images of St. Louis, a modeling agency. The BBB logged more than 10,000 requests for a reliability report on the company in the past 36 months. Complainants primarily allege the company engaged in misleading advertising and sales practices.
Missouri’s secretary of state Web site lists SBS Enterprises, Inc. as the owner of Images of St. Louis, 711 Old Frontenac Square, Frontenac, Mo. SBS Enterprises also owns the John Robert Powers name and franchise of the national modeling school system. Nancy Barrett is the president of SBS Enterprises, according to the secretary of state’s Web site.
A St. Louis County mother, now working for the BBB, told the BBB she contacted Images in August 2006 after seeing the company’s ad for a casting call in a local newspaper. She said that Images requested a second interview for her 4-year-old son. After the call back she said she was told her son had a “great look and personality”, but they wanted him to take acting classes and set up an appointment for a photo shoot. Headsheets cost about $300, and the classes cost thousands of dollars. “I told her I didn’t have that kind of money to spend on pictures. She asked me if I had a family member I could borrow the money from. I told her no,” the mother reported. The Images representative continued to pressure her.
The mother was contacted by another Images representative in mid-December 2006, who said they were searching for kids for an audition with Ford Modeling Company. “I asked her if I would still need to have his pictures taken and purchase the headsheets from them first. She said I would. I would have to pay $395 for the photographer and photo processing. I asked her if I could take my own black and white photo of him. She said no the pictures needed to be professionally done by them,” the mother said.
A BBB “shopper” took her 4-year-old son to an audition at Images in late December 2006. During the first interview she said she expressed concern that acting might not be right for her son, as he tends to be shy. One of Images’ representatives replied to the mother that her son was not shy, just slow to warm up.
She said she called Images the following day and was told they were very interested in using her son, and the representative thought “he was absolutely adorable.” She said, “She gave me the option of placing him in the beginner program but he would only get secondary roles, or he could go into training, which for his age would be the Tiny Tots Program, which would open all doors.” The mother opted for the beginner program, and was told her son needed headshots and they were adamant that she pay for them that day, at a cost of $395. She did not return.
A Ballwin woman contacted the BBB after taking her infant daughter to Images in December 2005. She said, “They told me they had clients who were interested in my daughter, that Sears Portrait Studios was looking for babies, and they wanted to get her
picture to Sears right away. I asked if I could use my own pictures. The representative said that to be represented by our company you have to use our photographer for the headshots.” The mother reported paying a $395 print fee for headshots of her daughter, but felt the pictures were not representative of how the baby photographed for other photographers. “I was told that a couple jobs would pay for the pictures and that there were several clients interested in my daughter. It’s been almost a year and my daughter has not gotten a single job,” she said.
Nancy Barrett told the BBB that “In our ego business, we document every detail in writing and have people sign exactly what will be happening.” Ms. Barrett stated that the company does not guarantee job placement and that “everyone is told they can use any source for pictures and training.”
The BBB warns that questionable talent and modeling agencies often:
· Ask for up-front money, which may be called “registration,” “consultation” or “administrative” fees. Normally agents work on commission. They don’t receive any money until you are paid for doing the work they have obtained for you.
· Pressure you to leave a check or cash deposit or sign a contract immediately. The agent may insist that you take acting lessons at a particular school or from a particular teacher, or may try to sell expensive photographs, audition tapes, or other services or materials offered by someone the agency suggests. An agent’s time should be spent finding work for his or her client, not selling products and services.
· Display pictures of famous models or celebrities on the walls to make you believe they are represented by that agency, although they are not.
· Use names which sound familiar to similar well-known agencies. Fraudulent companies will sometimes do this to give the incorrect impression that they are connected to a legitimate agency.
· Place phony ads in the help wanted section of newspapers that say something like, “new faces wanted” for commercials, movies or modeling or claim that “no experience is necessary.”
FOR TOP MAGAZINES?”
BE CAREFUL, IT COULD COST YOU HUNDREDS
OF DOLLARS!
A former Mizzou theater major received a postcard for an audition at Images of St. Louis. He told the Better Business Bureau (BBB), “After the auditions they selected people to sign up for classes. I was surprised because they did not advertise classes.”
He signed a $4,150 contract with Images in June 2006. He explained, “You pretty much had to take the classes if you wanted to work with them as their client.” After attending the classes he felt the classes were different than described in the course syllabus. He cancelled the contract in mid-August, after paying $1,061. Images forgave the balance of the contract.
During its 36-month reporting period, the BBB received 16 complaints and reports against Images of St. Louis, a modeling agency. The BBB logged more than 10,000 requests for a reliability report on the company in the past 36 months. Complainants primarily allege the company engaged in misleading advertising and sales practices.
Missouri’s secretary of state Web site lists SBS Enterprises, Inc. as the owner of Images of St. Louis, 711 Old Frontenac Square, Frontenac, Mo. SBS Enterprises also owns the John Robert Powers name and franchise of the national modeling school system. Nancy Barrett is the president of SBS Enterprises, according to the secretary of state’s Web site.
A St. Louis County mother, now working for the BBB, told the BBB she contacted Images in August 2006 after seeing the company’s ad for a casting call in a local newspaper. She said that Images requested a second interview for her 4-year-old son. After the call back she said she was told her son had a “great look and personality”, but they wanted him to take acting classes and set up an appointment for a photo shoot. Headsheets cost about $300, and the classes cost thousands of dollars. “I told her I didn’t have that kind of money to spend on pictures. She asked me if I had a family member I could borrow the money from. I told her no,” the mother reported. The Images representative continued to pressure her.
The mother was contacted by another Images representative in mid-December 2006, who said they were searching for kids for an audition with Ford Modeling Company. “I asked her if I would still need to have his pictures taken and purchase the headsheets from them first. She said I would. I would have to pay $395 for the photographer and photo processing. I asked her if I could take my own black and white photo of him. She said no the pictures needed to be professionally done by them,” the mother said.
A BBB “shopper” took her 4-year-old son to an audition at Images in late December 2006. During the first interview she said she expressed concern that acting might not be right for her son, as he tends to be shy. One of Images’ representatives replied to the mother that her son was not shy, just slow to warm up.
She said she called Images the following day and was told they were very interested in using her son, and the representative thought “he was absolutely adorable.” She said, “She gave me the option of placing him in the beginner program but he would only get secondary roles, or he could go into training, which for his age would be the Tiny Tots Program, which would open all doors.” The mother opted for the beginner program, and was told her son needed headshots and they were adamant that she pay for them that day, at a cost of $395. She did not return.
A Ballwin woman contacted the BBB after taking her infant daughter to Images in December 2005. She said, “They told me they had clients who were interested in my daughter, that Sears Portrait Studios was looking for babies, and they wanted to get her
picture to Sears right away. I asked if I could use my own pictures. The representative said that to be represented by our company you have to use our photographer for the headshots.” The mother reported paying a $395 print fee for headshots of her daughter, but felt the pictures were not representative of how the baby photographed for other photographers. “I was told that a couple jobs would pay for the pictures and that there were several clients interested in my daughter. It’s been almost a year and my daughter has not gotten a single job,” she said.
Nancy Barrett told the BBB that “In our ego business, we document every detail in writing and have people sign exactly what will be happening.” Ms. Barrett stated that the company does not guarantee job placement and that “everyone is told they can use any source for pictures and training.”
The BBB warns that questionable talent and modeling agencies often:
· Ask for up-front money, which may be called “registration,” “consultation” or “administrative” fees. Normally agents work on commission. They don’t receive any money until you are paid for doing the work they have obtained for you.
· Pressure you to leave a check or cash deposit or sign a contract immediately. The agent may insist that you take acting lessons at a particular school or from a particular teacher, or may try to sell expensive photographs, audition tapes, or other services or materials offered by someone the agency suggests. An agent’s time should be spent finding work for his or her client, not selling products and services.
· Display pictures of famous models or celebrities on the walls to make you believe they are represented by that agency, although they are not.
· Use names which sound familiar to similar well-known agencies. Fraudulent companies will sometimes do this to give the incorrect impression that they are connected to a legitimate agency.
· Place phony ads in the help wanted section of newspapers that say something like, “new faces wanted” for commercials, movies or modeling or claim that “no experience is necessary.”
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