Sunday, February 19, 2006

FRONT PAGE - FIRST CAPITOL NEWS, February 18, 2006

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York, Williams, Kneemiller, Weller Charged With Conspiracy In Lawsuit Filed Against Them

By Phyllis Schaltenbrand

The First Capitol News has learned that Eric Tolen, the special counsel to the St. Charles City Council has filed a lawsuit in St. Louis County Circuit Court charging Conspiracy, Breach of Contract and Tortious Intereference With A Business Relationship against St. Charles Mayor Patti York. City Administrator Allan Williams, City Councilman Bob Kneemiller and City Councilman Mike Weller. York and Williams are being charged in their official capacity and individually. Kneemiller and Weller are being charged only individually.

The lawsuit seeks damages in the amount of $100,000 on conspiracy and nine different counts of alleged premedicated, malicious conduct.

Tolen’s lawsuit alleges the actions of York and Williams are in violation of his contract and of section 7.8 of the St. Charles City Charter in that only the City Council has the authority to employ special legal Counsel as it deems necessary and the compensation of Special Counsel shall be determined by City Council.

On July 27, 2004 the Mayor and the City Council authorized a three year contract for legal services with Tolen.

On January 3, 2006, Council president Rory Riddler, during an open Council meeting, told the defendants that the Special Counsel position was appropriately funded in the 2006 budget under the line item for Outside Legal Services, as it has been in the past. Moreover, the Council President instructed the defendants that they should pay Tolen for the work he has performed pursuant to the contract and Ordinance No. 04-195.Council President Riddler also told the Mayor and Administrator at several budget meetings that putting a line item in the City budget for Special City Council Counsel with a zero amount was in violation of the Charter and City Ordinances.

The First Capitol News contacted Tolen in reference to the lawsuit and he said, “I take my duties with the Council of the City of St. Charles very seriously. I have lived up to every aspect of my contract and I have always acted professionally and in the best interest of the City of St. Charles. All I want is to do my job and I wish the Mayor and City Administrator would put their hatred aside and stop interfering with my legal obligations to the City Council. I spend a lot of time working for the City of St. Charles and it troubles me deeply to have to go to this extent to get paid for the professional services I have performed. I have not been paid for my legal services since early last fall. On December 29, 2005 I sent a formal demand for payment and it was ignored even though Council President Rory Riddler had warned them they were legally obligated to pay for my services and that the money was available. I believe it is not my work performance that concerns them, they voted against my contract before they knew anything about me.”

Tolen told the First Capitol News he respected every member of the Council and the Mayor and City Administrator and would still continue to provide them with the best legal services possible.

Councilman Joe Koester at the February 7th City Council meeting warned the Administration not to allow this claim to get to a point where the City would have to expend taxpayer dollars due to incompetent management practices.

Councilman Weller responded, “Mr. Tolen don’t you understand, we don’t like you. I don’t want you here.”

Several Council members expressed hope that this matter could be cleared up before the City spends hundreds of thousands of dollars on legal expenses to fight this matter.

The City has not yet been served with the Suit papers and once they have been served they have 30 days to file an answer.

Tolen also claims in his lawsuit the Mayor, Weller, Williams and Kneemiller from the inception of his contract had a meeting of the mind, and conspired with malicious and aforethought to break the Council’s valid contract with Plaintiff and intentionally caused him undue financial hardship by not paying for services authorized by them. In addition, Tolen claims the defendants knew and had knowledge that by having him perform such services and duties as instructed and requested by him that each activity would and did in fact occupy his time, thereby preventing him from taking on additional work, outside the City of St. Charles government, resulting in financial loss and hardship.
The petition also claims since the time of Kneemiller and Weller refusals to vote in favor of Tolen’s contract with the City and Ordinance 04-195, they have acted in bad faith and maliciously interfered with his contract by attempting to prohibit the City and the City Council from utilizing its Special Counsel, as provided in the contract and the City charter, and have attempted to prevent payment of Tolen’s contract by the City.

Councilman Mark Brown told the First Capitol News, “There is a lot more to this matter and I believe the citizens of St. Charles will be embarrassed when all the facts are revealed in court. There is a lot of outside political influence involved. I can’t discuss the matter further because of the pending litigation.”

Check our daily web log for updates on this matter. You can view the First Capitol News Today by logging onto
firstcapitolnews-today.blogspot.com
Our entire edition can be found at
firstcapitolnews.blogspot.com. Our editions are archived from November 2004.




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Recall Committee Fears Depositions


Mayor York, Mayor's Father, Glennon Jamboretz, Mike Kielty subpoenaed to give Depositions In Alleged Voter Fraud

By Tony Brockmeyer

The First Capitol News has learned that Mayor Patricia York, her father John Sinclair, the Mayor's Political hit-man Glennon Jamboretz, and Attorney Mike Kielty have been subpoenaed to give depositions in State of Missouri ex rel Eugene P. Carroll vs City of St. Charles. The lawsuit was filed by Eugene Carroll in an attempt to have the recall of Councilman Mark Brown placed on the April ballot. The suit was filed by Eugene Carroll after the City Council refused to place the recall on the ballot because of many alleged discrepancies and evidence of fraud.

Carroll is on the City's cable commission and became angry when the City Council declined to reappoint him to the Fourth of July Riverfest Committee.

Others who were subpoenaed were:
Linda Meyer, Melissa Root, Matthew Root, Keith Meyer, Mike McClean, Tara Hart, Cheryl Paxton, David Paxton, Gary L. Robinson, Kevin McCreary, Christy Dickerson, Bernard Bax, Casey L. Scism, Dawn Behrens Bettman, Matt LaMora, Rebecca Star, and Richard Chrismer the director of elections for St. Charles County.

A hearing was to be held on Tuesday, February 14 on the lawsuit. Attorney Chet Pleban, representing Councilman Mark Brown filed a motion to disqualify Circuit Judge Nancy Schneider. The judge sustained the motion and a new date will be set. In the meantime Chuck Knight, representing Carroll and the Citizens Empowerment Committee filed a motion for a 10 day moratorium preventing the scheduled depositions and suggested Carroll drop the suit. A source close to the situation told the First Capitol News, "They don't want those people to give depositions under any circumstances because if they do all the information about fraud, forgery and skull duggery will come out."

Councilman Mark Brown told the First Capitol News, “More important than the recall getting the facts concerning the voter’s fraud to be heard before a judge. The people who organized and funded these unlawful acts are just as guilty as the paid workers who committed the acts and filed the false affidavits. They acted and conspired to commit fraud, and they need to pay the consequences, even if it means jail. I would like to see justice for the many deceitful acts this ruthless clan put my family and me through. I expect members of the committee as well as those who planned and funded their scheme to be indicted for their unlawful actions. When asked if he had it to do over again, would you look at it differently? Brown replied, “No. This all started over the millionaire developers, and I will continue my battle to make them comply with the laws and ordinances of our city. I believe the residents of St. Charles come before the demands of the millionaire developers.”

Fired Ex Police Sgt. Mayer’s Lawsuits Against City Over

Status Changed to Retired

By Tony Brockmeyer

The First Capitol News has learned that a $104 million lawsuit filed against the City of St. Charles and the City Council has been settled.

Former St. Charles Police Sergeant Tommy Mayer had filed the lawsuit in Federal Court after he was fired. Mayer was fired shortly after a traffic stop in which he forced the City Administrator to the ground by gun point. Mayor York, who was not named in the law suit, wrote two letters on behalf of Tommy Mayer, saying she thought he was a wonderful individual and he had been mistreated by the City Council. She also wrote any City should be proud to have an officer like Mayer who she often referred to as “Missouri’s Top Cop.”

The First Capitol News has learned that the City agreed to change the record of Mayer’s employment from fired to retired. However they refused to give Mayer any of the benefits of receiving his badge and gun as other retired officers are provided for by ordinance. the City agreed to pay Mayer $57,500, an amount that would be far less than the legal fees and depositions that would have been incurred. The City agreed to these conditions because the attorneys advised it would cost the CIty more than that amount to try the case in court. The attorneys for the City were extremely they would have won if the matter was put before a jury.


This also settles the recent lawsuit Mayer filed in St. Charles County Circuit Court.

EDITORIAL CARTOON February 81, 2006

RAMBLING WITH THE EDITOR - Tony Brockmeyer

Things That Make You Go Hmmmmmm

Is there trouble right here in River City?

The Mayor is cracking down on the bars on Main Street. She especially wants to get rid of the Main Street Bistro and Lloyd and Harry's. There are no more licenses available on North Main Street for bars. They have reached their limit. If you want a liquor license on North Main now you must have 50 percent of your income from food. I have noticed she has her building on North Main for lease. I wonder if maybe someone wants to lease her building and put in a bar? Do you really believe she would do that?

We don’t condone underage drinking or urinating in public but these matters are being handled adequately by our fine police department. But She is concerned with girls dancing on the bars and $1 beers. Mayor, it doesn’t matter what the bars charge for their beers or if then even give them away, the bar owners still have to pay Adolphus IV the same amount. If you really want to turn North Main into a desolate area after dark like South Main you might consider not having any liquor establishments on Main Street at all. But no, Adolphus IV would never allow you to do that. If he had been close to you when you barred brats and beer from the Fourth of July Riverfest he would have stopped you.

I wonder what happened to the entertainment district on North Main the Mayor has been planning for those who attend conventions in St Charles?

It can’t be that the Mayor just hates bars on North Main.. Maybe they are okay for her special interests. Rich Andrews Pub on Mexico road recently changed hands. A special closed session City Council meeting was held last Monday evening to discuss legal matters. During the session the Mayor presented a liquor license application for approval for the new owners of Rich Andrews. Normally an applicant would have to wait for approval at the next regularly scheduled Council meeting. That is unless.... Our interest was peeked so we delved in the special treatment someone was being afforded. The registered agent for the LLC taking over the pub is Daniel Barklage our municipal judge. He is also listed on the documents in the office of the Missouri Secretary of State as the organizer. Since the City does not pay enough for a full time Judge, Judge Barklage has every right to represent clients such as this. With the many arrests being made at the bars on Main Street don’t you think Judge Barklage should recuse himself from hearing any of those cases. Hmmmmmmmmm

THE CITY DESK - City Council President Rory Riddler



Not As Think As You Drunk I Am…

You Want To Go Where Nobody
Knows Your Name

A front-page photo last week helped highlight both the serious and sometimes hilarious side of having a popular entertainment area on North Main Street. The photo showed a man on North Main dancing with his arms out and his posterior in close relationship to the hindquarters of a Police horse. The Mounted Patrol Officer sat stoically astride his horse, watching for trouble in the window of a popular nightspot, unaware of the young male’s inability to distinguish appropriate dance partners.

Not that the horse would have danced with him. After all, the horse was on duty.

I try not to pass judgment on the social habits of others, but I can’t help wondering if the man, whose face is clearly shown in the photo, hasn’t sworn by now to lead a better life. Like all those Congressmen and other elected public officials who get charged with drunk driving. Nothing seems to sober them up faster than being on the front page of a newspaper.

There is also a serious side to this story. Recently, a few of the drinking establishments on Main Street have come under increasing scrutiny by elected officials. Over six months ago, as Councilman for this ward, I called for tougher penalties when a brawl inside one business resulted in injuries to two officers.

This resulted in an increased Police presence on the street. A few months later, a fight, outside of a different establishment was caught on camera. Someone turned the footage over to the City to investigate if the Police had used excessive force. As a courtesy to me as Council President and the representative of the ward, I was allowed to review the film with the City Administrator.

What I saw was a couple of men down on the ground, still struggling with officers. One officer was using a nightstick, but with seemingly appropriate short jabbing thrusts. A woman who was pushed back, then came up behind a Police Officer who turned around and hit her. We played that section several times just to make sure what we saw happening. As it turned out, you could see the woman grab the officer’s belt from behind with two hands. Any of us would have reacted the same way. The officer didn’t know who had grabbed him from behind and if they were trying to get his gun.

What I witnessed were trained professionals trying to deal with a bad situation made worse by too much alcohol. Pour alcohol on a fire or a fight and the result is the same.

What’s happening is nothing new and seems to come in cycles. In my early years on the Council I was almost run out of town by some for daring to threaten the liquor license of a bar on North Second Street. It was the old Bell Tower Bar and I was upset that an underage girl was killed on the sidewalk in front of the establishment.

When I first got on the Council, I was told about a rough bar that burned down in the North End. They had lots of problems with their neighbors who all “saw nothing” the night it was burned. A mysterious fire also leveled the Blue Lounge that used to grace the corner of Fifth and Morgan.

The difference with some of the places we have today, is that these were blue-collar establishments, with an older demographic of local residents. There are many good bars in town that fill that role and still manage to keep the peace. But Main Street today caters to a younger crowd with more money and apparently less need than I did in college to be awake for class in the middle of the week. For some reason, Tuesday night after ten is one of the busier nights.

Not every place on Main Street deserves a bad reputation. There are some great places to enjoy yourself and plenty of great food. St. Charles needs an entertainment district for the people who will be coming to conferences at our multi-million dollar Convention Center and filling local hotels. The most boring place in the Universe, I’m told, is Plano, Texas, where conventioneers go to the local grocery store for the bright lights.

Those who complain about some of our current crop of bars say they are concerned with underage drinking, reports of “girls gone wild” flashing themselves for drinks, dancing on bars and increased acts of violence. I don’t condone underage drinking and we should demand better checks of IDs, but I’m not sure I can tell by just looking how prevalent underage drinking is. I’m at an age now that most of the people going in these places look like they’re around twelve.

What bothers me is violence. Patrons need to feel secure and fights need to be defused quickly before they become general brawls.

I have three major things on my “zero tolerance” list.

First, drive the drug dealers out. They are there and the Police need to get a handle on it ASAP.

Second, establishments need to keep an orderly place of business. The Police need to respond when things are getting out of hand, but owners need to make sure they don’t get out of hand in the first place. They need to know when to cut some people off, identify those prone to violence or getting in shouting matches, separate and/or eject them from two different entrances. If one bouncer or doorman can’t handle the crowds, hire a second or a third. I have no tolerance for violence and situations that put the lives of our Police or innocent patrons at risk.

Third, we should have no tolerance for vandalism to public or private property. Some, when their senses are impaired from too much alcohol, think it’s “fun” to break things or throw glass beer bottles. The increased Police presence has reduced these incidents, but we need to apprehend and prosecute those who destroy property.

It isn’t the bar owners’ fault if individuals make wrong choices. Someone caught urinating in public, for instance, can be dealt with as individuals. Those caught committing acts of vandalism, while their thinking is probably impaired by their drinking, they have to be held personally responsible for their actions.

But we can and should hold owners of bars and bar/restaurants accountable if they fail to control violence, knowingly violate liquor laws, fail to cut-off patrons who need cut-off, or are aware of or tolerate drug sales inside their establishments without notifying the police.

We need the cooperation of responsible business owners. Working together we can make sure that North Main Street is a safe environment for visitors, known for good food, good music and a fun night life. Those owners who can’t or won’t cooperate need to find another line of work or another community.

Finally, here is some sound advice for customers of our Main Street’s entertainment venues who choose to drink. Always drink responsibly. If you do drink…don’t drive. Call a cab. It’s cheaper than losing your license. And never…ever dance with a police horse or the police pink elephant might just follow you home.

CASE IN POINT By Joe Koester, Councilman Ward 9



“Charleytown calls me ‘Sweet Cynthia.’ What can you say about somebody who runs a Christian bookstore?”
R-19th District Missouri State Representative.

Often a quote starts things off and I couldn’t resist a very recent line from a local character who gave this quote after the Missouri Ethics Commission fined her $1,000. What I have gathered from following this story is that Mrs. Cynthia Davis finds it difficult to know whether or not you can buy yourself a truck and pay property taxes with campaign money or not.

Not only the fact that you should have an inherent feeling that using campaign money for your own personal use is wrong, but the fact that the usually lenient Missouri Ethics Commission felt strongly enough about the matter to actually fine a candidate was a shocker! What remained unclear was whether Mrs. Davis actually came out ahead in the matter. The information available states that property taxes in the amount of $1,084 were paid and that campaign money was used to buy a personal vehicle. Furthermore, the legal fees of $740 were taken from her campaign funds which is apparently allowed. Without knowing the details off hand about the pickup truck, the other two dollar amounts equal $1,824 with a fine of $1,000. Was the $824 repaid? For now, only “Sweet Cynthia” knows.

Where this really gets interesting for us here in Saint Charles is in wondering if the Missouri Ethics Commission will take action regarding campaign reports filed by, “St. Charles Citizens For Responsible Government and Citizens Empowerment Committee.” You remember these groups — the ones that may have chosen their names because, “Committee for Government Directed by PR Firms and Owned by Developers” wouldn’t rest well with the locals.

If the Ethics Commission would look into the campaign to ouster those on council that this group does not agree with, they would find that each time the City Council questioned certain matters in meetings, or whenever the First Capitol News published stories raising questions of the same group, it seems that sudden amendments were filed with the state in response. Do not forget that those running the SCCFRG and CEC Committees have been involved in many elections and certainly know how to file the necessary paperwork. The Ethics Commission might also ask about the funding of an airplane towing a “recall Mark Brown” banner that flew for hours over Brown’s house during a block party. Who paid for this portion of the developer’s recall efforts has never been disclosed. Add to the developer-driven recall campaign “paid political inserts” in a local advertisement/newspaper and the dollar amount of undisclosed campaign funds reaches huge amounts!

It looks like Saint Charles can keep the Ethics Commission busy for years to come! The only question remaining is, “What can you say about someone who runs a PR firm; or a local developer; or a local sports team; or ...”

CONSERVATIVE FACTOR Alex Spencer

It seems that this time of year is all about award shows. I think I’ve dozed through the Golden Globes, the SAG awards and the People’s Choice awards. (Mrs. Spencer is a big fan of the award shows). Well, the granddaddy of them all will be on soon, and hopefully, after the Oscars, award show season will slow down a bit and I can return to the mindless entertainment of reality shows.

That sets me to thinking. We should have an awards show here in St. Charles County. We can hold the event at the St. Charles Convention Center and televise it on any of the cable access networks dedicated to government/public service programming. I’d recommend a more “Golden Globes” like atmosphere. Kind of like a dinner party with folks spread out around the room. It should definitely be open bar, and elected officials can be seated by city, which should lead to some fairly sparky conversation. We probably should have someone other than Mayor York do the seating chart, since she has a tendency to seat everyone else in the back of the room (as we saw at last year’s All-Mayor’s Charity Ball).

So, dear readers, I propose the First Annual St. Charles County Chuckie Awards. Let’s get down to business.

Best Actress in a Political Drama - The nominees are Representative Cynthia Davis for maintaining her crown as “Queen of the Nutballs” advancing ridiculous legislation about intelligent design and midwives, all the while committing serious violations of campaign finance laws; St. Charles Councilwoman Dottie Greer who has held her head high while Mayor York and her supporters pathetically attempt to remove her from office; O’Fallon Mayor Donna Morrow for deftly blaming all of her mistakes on the past administration and/or imaginary monsters, and her trademark “investigations”; St. Charles Mayor Patti York for her unabashed greed for money and power, as well as her efforts to remove elected officials who happen to disagree with her. The Chuckie goes to Mayor Patti York for her arrogance and ability to “recruit” wealthy men to finance her evil plots.

Best Actor in a Political Drama – The nominees are St. Peters Mayor Shawn Brown whose efforts to “govern” are pure slapstick comedy; O’Fallon Alderman Randy Hudson who got caught with a tape recorder and proudly announced that he was just “protecting himself”; County Executive Joe Ortwerth who has joined with the Great White Duck Hunters to further his crusade against the City of St. Peters; St. Charles Councilman Rory Riddler who is attempting to advance the interests of the taxpayers in the face of blatantly unethical conduct on the part of Mayor York and her supporters. The Chuckie goes to Alderman Randy Hudson for inspiring St. Charles County’s latest dance craze, the Aldermanic “pat down.”

Worst Dressed – The nominees are Adolphus Busch IV for wearing the same “prep-school” uniform with a cloth belt to most meetings; Linda Meyer for her circa 1980’s, low budget, Linda Evans, Dynasty-era hairstyle and bad sweatshirts; Brandy Pedersen for her roadkill-like fake hairpieces, Tammy Faye Baker make-up and excessive sequins; Sandy Waters for her excessive drugstore make-up, old-lady reading glasses, and ugly sweatshirts. And the Chuckie goes to Linda Meyer for paying no attention to her appearance before each “performance” in front of the City Council.

Worst Performance by a “Alleged” Republican – The nominees are County Councilman Joe Brazil for his obsession with stopping all growth at the expense of businesses throughout the County; Senator Chuck Gross for trying to take advantage of his clout as budget chair and “holding up” the funding for the new judge’s bench in St. Charles County until the Governor’s Office gave him a commitment to appoint Rick Zerr, the “ethically challenged” former judge who is related to Gross and needs one year of service to pad his pension and then insisting that no one be appointed when his plan was uncovered; Brandy Pedersen for attempting to recall a Republican elected official, encouraging spoiler candidates in special elections to ensure victory for the Democrats and general acts of craziness that seem to damage the Republican Party; and Dee and Roland Wetzel who have embroiled themselves in the St. Charles City Recalls, the 370 TIF Lawsuit against St. Peters and other efforts that are clearly “unrepublican.” The Chuckie goes to Brandy Pedersen (aka the Democrats’ best friend in St. Charles County).

Cutest Couple Award – The nominees are Adolphus Busch and Charlie Hager for their carefully choreographed “spoiled little rich boy” speeches to “save the ducks” and tandem “not-so-veiled” threats against elected officials; Ken Kielty and Tom Hughes for their “stop at nothing” effort to buy a St. Charles City Council for Mayor Patti York; Carl Maus and Ray Stone for their “Brokeback Mountain” like bond and their unabashed arrogance as they attempt to take over the entire County and stop all growth; Mayor Patti York and Glennon Jamboretz for their incredibly creative methods of fleecing the taxpayers and lining their own pockets with taxpayer funds. The Chuckie goes to Carl Maus and Ray Stone because they are just so cute together.

Best Supporting Actor (otherwise known as the ones who would kill to be Mayor) – The nominees are St. Charles Councilman Bob Hoepfner who has switched teams so many times he’s forgotten what team he’s on and his pathetic attempts to accomplish anything he can herald during next year’s Mayoral election; St. Peters Alderman Jerry Hollingsworth for his “rah-rah” attempts to make everyone get along and his transparent efforts to generate press on “feel-good” issues like red-light cameras and reducing elected official salaries; St. Peters Alderman Len Pagano who has sold himself to Great Rivers for an amount TBD and perfected his “doddering old fool” act in an attempt to disavow any vote that seems unpopular; and O’Fallon Alderman Lynn Schipper who clearly thinks he is the Mayor of O’Fallon and thinks its okay to micromanage City staff. The Chuckie goes to Alderman Len Pagano for his pathetic portrayal of a “regular joe” who is in touch with the people.

Well, I hope you found the St. Charles County Chuckies as fun as I did. With the elections coming up this April and next April, I look forward to next year’s awards.

I hope you tune into the Oscars next month. After all, I just can’t get enough of that red carpet action.

The View From The Cheap Seats BY Jerry Haferkamp

The View From The Cheap Seats
By Jerry Haferkamp

I received two correspondences this week, one by phone and one by e-mail that may be of interest to our readers.

The phone call was from a woman who wanted to know if groups like “Do The Right Thing” have to pay $5.00 to park at the Convention Center, as she was asked to do at the craft fair. I told her that I doubted if anyone attending a small gathering there would be required to pay the fee. Like callers to the St. Peters paper, she was also unaware that our city has nothing to do with the fees. They are under the control of the Convention and Sports Authority, who have to answer to no one. Our City had to fight like Hell to even get a seat on the oversight of the Convention Center.

The e-mail was from a businessperson in Frenchtown asking for my support in defeating the proposal to restrict the usage of eminent domain. While this person and I see eye to eye on most issues, I responded that this was an issue on which we would have to agree to disagree.

I am completely in agreement that Frenchtown has serious problems with unsightly properties. I also feel that we, as a City, cannot let this area go downhill. Our disagreement is over the use of eminent domain to force owners out of “seriously blighted” properties. First, eminent domain should not be used to take property from one owner just to financially benefit another. Tossing someone out may improve a neighborhood, but it is morally wrong. Next, who decides what is “serious blight”? The proliferation of used car lots and junk vehicles are surely eyesores, but so are the piles of “junque” piled on the sidewalks in front of some of the shops.

I grew up on South Main. My grandfather owned the house that is presently the New Mother-in-Law House and the two-story home next door. The next home was a duplex owned by my uncle. Our home was next, but is no longer there due to a fire years after we moved. Many areas of South Main were deteriorating at that time. Look at South Main now. It is a restored and beautiful area and I don’t recall the use of eminent domain to achieve these results.

I’m sure there are business owners on both sides of the issue in Frenchtown. If you will financially benefit, I’m sure you would be for eminent domain. If you are threatened with the loss of a business you worked hard to establish, you probably aren’t. I guess it just depends on whose ox is getting gored.

The use of eminent domain may also end up with a result like that in St. Louis County where the developer and city tell folks they have to move. These people then purchase a home with the understanding that theirs is sold, only to have the developer back out and leave them with two mortgages, one on a home that no one in their right mind would buy.

Even if the developer signs a contract, can we expect a City Administrator to enforce it when he won’t even enforce his own?

I feel safe in saying, given the outcry across America, that an overwhelming majority doesn’t want eminent domain used to victimize one individual to increase the bank account (or property value) of another.

As I was preparing to send this column to the FCN, I heard Paul Harvey’s 11:45 news and comment decrying the use of eminent domain to confiscate farmland in the West to enrich those who will mine the copper under it. Land that had been in families for generations is no longer theirs, confiscated by the government to enrich others who had no claim to it. Wrong is wrong, no matter how you paint it.

SPORTS - First Capitol News Sports Section - MIKE MCMURRAN Sports Editor




Good thing I did a lot of writing last week on sports – ‘cause I think I feel one of those political commentaries stewing in my belly. I can’t help it.

It seems more than one person contacted me in reference to my most recent article wondering, “why I hate Republicans?” Frankly, I do not think I hate anyone. You see a long time ago I learned that the opposite of the word love, contrary to what most might think, was not hate. No, the opposite of the word love is indifference. So much though for etymology.

I do not hate republicans. In previous articles I have written about golf outings with some of my closer friends: Henry Kruse (Republican), Mark Francis (Republican) and Mike Lemke (Republican). Then there was the time I played with Jeff Strickland (Republican) and Rob Stumpf (biggest and most obnoxious Republican I know) – frankly, for the most part, my social life is saturated with Republicans.

Back to my letters. One e-mail went so far as to suggest, no, suggest is not a strong enough word, went so far as to inform me “Democrats support homosexuality. And homosexuality undermined the sanctity of marriage.” I understand I am in the minority here, but still I do not understand how two gay people getting married is a threat to the marriages of people like myself. Was I going to walk down the street, see two men holding hands, and go home and tell Lynn, “Hey, that looks great. Maybe I could marry a guy who likes football (see last week’s article), watch the game with him, and then come home and sleep with you.”

No, the biggest threat to marriage is divorce. Now I realize this is a radical thought for the right leaning St. Charles County, but I am in a position where I have the freedom to speak my mind. And as long as there are left thinking Democrats out there, I will continue to have just such rights.

There is an issue brewing in St. Charles City dealing with a redevelopment proposal for the north end of Frenchtown possibly involving eminent domain. It seems the owner of one of the businesses that may be blighted, Doug Medley (Republican), owner of Frenchtown Transmission, is greatly concerned that he is going to “get the short end of the stick.” In the interest of full disclosure, I must admit that Doug and I have played golf together, smoked cigars together, and have had scores of adult beverages together. Doug is concerned, very concerned, that he might just loose his business. He has some valid points. “Location is everything,” he shared with me, “people aren’t going to drive out of their way to have their transmissions repaired. If they want to replace my property with one of equal value, and pay for the installation of equipment, and the moving of everything, then I have no problem with it. But that is not what they are talking about. I guess the first clue that they were going to ‘put it to me.’ was when I could not get anyone to return my phone calls. I made no less than 30 phone calls – not one was returned.”

As in every issue, there are two sides of the story. According to Council President Rory Riddler, in an article published in the Post-Dispatch, “Had this area on its own been economically viable enough to attract a major developer, it would have by now.” Let’s face it, I am about as far from being an economist as one can get, but it seems to me this is a case of big money taking away the property of little money (no offense, Doug). Doesn’t common sense dictate that Griffey Construction, the would-be-developer, simply purchase the land from Doug (and others). If they want it so badly, let them pay for it. Make Doug an offer he can’t refuse. One thing I am certain about, someone is going to make lots and lots of money off this deal, why shouldn’t Doug be one of them. Buy Doug out, or at least purchase his property at a price that will allow him to continue doing business. That’s all he really wants – to continue working, doing what he loves, and providing for his family. To deny him is as un-American as you can get.

Finally, as long as I am on the subject of politics, has anyone besides me heard the rumors regarding Sally Faith. Rumors they may be, but should they turn out to be true, well, irony raises its head in the strangest of places.



High School Hockey Playoffs

St. Charles West Moves to Different Tournament
Francis Howell Central Earns Higher Challenge at Expense of SCW

By Louis J. Launer

Playoff hockey can be brutal. For St. Charles West, their quest for a St. Louis Blues Challenge Cup in the Mid-States Club Hockey Association came to a quick end last weekend. They did wind up playing their next round in the Wickenheiser Cup, the MSCHA’s consolation tournament.

The Ice Warriors regular season screeched to a halt when they lost to the Francis Howell Central Spartans, 7-3. Ironically, the same Spartans were the Warriors’ opponent in the first round of the Challenge Cup tournament.

The first round was a two-game series with the first game taking place last Friday and the second game last Saturday. Both games were held at the St. Peters RecPlex. Although St. Charles West finished with a 15-4-1 record, Francis Howell Central was the Warriors’ worst nightmare this season.

The Spartans scored first with 12:32 remaining with a goal by senior Kody Lowe. Junior forward David Rey scored two more goals in the first period within one minute between each goal. Rey did get his hat trick and Spartan fans did throw their hats on the ice.

Freshman Johnny Kraus scored two goals for the Warriors and senior Andrew Hill scored one goal. But it was too little, too late. Francis Howell Central won Game 1 with an 8-3 final.

Game 2 belonged to the Spartans as well. They kept St. Charles West off the scoreboard and sent to the Warriors to the Wickenheiser Cup bracket by taking the first round. The Game 2 final score was 8-0.

Francis Howell Central advanced to the second round to take on CBC, a hockey club undefeated in four years. They have dominated the St. Louis Blues Challenge Cup throughout this decade. Several CBC alumni are now playing in Junior B and Junior A hockey throughout North America. If they are lucky, a few could play professional and might be seen in a game either at Family Arena or Savvis Center in the future.

St. Charles West played Whitfield in the second round of the Wickenheiser Cup. The Warriors remain to have a favored chance to make the finals of this tournament.

FRESHMAN HAS A FUTURE: Although senior goaltender Andrew Phillips started both games in the series for the Warriors, Chris Powell took over for Phillips in the third period of both games. Powell had a strong showing in game 1, stopping 7 out of 9 shots in the third period. Powell is a freshman and has lots of promise for SCW’s future on the ice. Watch for his presence next season.


RAGE
RE-UNITED…AND IT’S LOOKING GOOD!!

By Mike Thompson

RiverCity Rage Head Football Coach Mike Wyatt will tell you up front, no hesitation at all. “It’s great to be reunited with Sven Hack after an absence of several years. The one thing I’ve always appreciated about him both as a player and coach is the fact that he is a real student of the game of football, a guy who not only knew his assignment, but everyone else’s too. As a person, he’s a lot like me in the sense that he doesn’t let his ego get in the way of doing what’s necessary to get the job done. I think that’s something we both learned over in Germany. You have to wear a lot of hats, there’s not the infrastructure of a team here in the USA overseas so everyone has to pitch in, and no job is beneath you. Simply put, Hack gets it.”

And get it, he did. After working for Wyatt’s Show-Me Believers in 2004, Hack (pronounced ‘Hock’) is now once again teaming up with the coach he credits with “teaching me so much about the game of football and more importantly, holding fast to the friendship we’ve developed over the years. I watched him turn the team around when we worked together in the German Football League, I saw him do it here in the NIFL, and now I get the chance, again, to be part of what I know will be a championship calibre team this year.” Newly appointed by Wyatt to be the Rage Offensive and Defensive Line Co-ordinator in 2006, Hack says he “can’t wait to get working with these players, practices and games, both giving me a chance to see who’s ready to step up and make the big play for the Rage game after game. I never pre-judge anyone, so it’s a level playing field when we hit the turf for the first time later this month. I’m excited, I’m getting to do once again what I love most and I’m doing it for a coach I respect and believe in.” When asked what he foresaw for the RiverCity Rage in 2006, Hack had the ready answer. “What we all see, a championship trophy lifted high at Savvis Center come end of summer.”

A lofty goal for the 28-year-old Raunheim, Germany native who didn’t play high school or college football, and who’s coaching career was filled with peaks and valleys until this recent reunion with his mentor.

“Germany doesn’t offer high school football, so I played in a Pop Warner type league from the ages of 14 to 18, mostly on the defensive line and a little fullback from time to time. The school structure there is such that when you graduate from high school, you leave with the equivalent of an Associates Degree in junior college here in the USA. I actually went straight from high school to playing for Coach Wyatt.”

That was in 1998, when along with attending automotive trade school in Frankfurt, Hack labored on the defensive line for the Raunlheim team in the GFL, and got his first taste of coaching later that year helping Wyatt developed the Junior team in the highly popular German league. “That was the first time anyone ever called me ‘coach’, although I did work as a 16 year old bellboy in the NFL Europe. Coach Wyatt was there, too, and I got great experience helping to run the player tryouts for the nationals (local players in the NFL Europe) as well as attending clinics and finally ending up on the Team Services Staff. It was instrumental in getting me focused on the coaching aspect of the game, because the playing days were numbered.”

After a 4 year run in the GFL, Hack’s dream of playing in NFL Europe came to a sudden, jolting halt. A torn Achilles tendon, an injury he says may have been mis-diagnosed, and an on-going romance with the team’s female trainer, gave him new perspective and direction. “It was tough to give up playing football, we had been to the playoffs every one of my 5 years, but I met my wife Anika overseas in this league. She was a volunteer trainer for Coach Wyatt’s team, and in the military at the time we were married in the year 2000, but even that proved to be a means of destiny for coach and myself.”

Funny sometimes how things work out for the best….out of football for the first time in years, Hack worked at a golf course and held various other jobs while stationed at his wife’s barracks in Arizona, yet he and Coach Wyatt “always stayed in touch. Coach was still running teams overseas and when he finally came back to the USA to take over the Believers in 2004, I actually came to St. Louis to work for 6 months on his coaching staff. I stayed all season at the Holiday Inn- Riverport and it was great and for the first time, that NIFL team had a winning season. I know in my heart it was primarily due to the efforts of Coach Wyatt.”

Staying just one season, Hack returned to Arizona to be with his family and again threw himself into the coaching game at the middle-school level. He coached youngsters on the military base and says, “I had a great time, it was a throwback to the German Football League Junior League days. The kids were quick learners and very receptive to new techniques and really wanted to learn how to play the game. For me, it was therapeutic, because once again I felt like a coach.”

The final chapter was written just months ago when Anika was selected by the Army to be a recruiter and was scheduled to be transferred to Oklahoma City. Just five days before that was to take effect, new orders came through, and Hack, Anika and their two children were on their way to St. Ann, Missouri. Close enough to warrant a call from Rage Head Football Coach Mike Wyatt. The wheels were soon in motion to once again bring the two together. Again!!


MSHSAA CLASS 4 DISTRICT 7
BOYS ROUNDUP
St. Charles West to travel to Duchesne, twice

Conference crown at stake Friday; District semifinals February 22

By: Mike McMurran
Sports Editor

In what might just be the biggest boys’ basketball game played in decades at Duchesne High School, the Pioneers will host cross-town rival St. Charles West for the Gateway Athletic Conference – North Division title Friday night (tip off scheduled for 7:30 p.m.). The winner will have little time to celebrate as the two squads will go at it again the following Wednesday (Feb. 22) in the semifinals of the Class 4 District 7 State tournament, with the winner advancing to the Championship game.

Duchesne, fresh off their emotional 1 point overtime win against St. Charles, is led by junior Zach Plackemeier, who is averaging 24.5 points per contest, which puts him in third place in the Region scoring contest. Both Duchesne (20-2) and West (19-6) will enter the contest with perfect 5-0 conference marks.

Not to be outdone, West has the region’s sixth leading scorer in sophomore guard Kramer Soderberg (23.4).

At the District seed meeting, held prior Duchesne’s 49-48 overtime win against the Pirates, West received the number 3 seed, Duchesne number 2 and St. Charles High number 1. Ironically, both West and Duchesne have topped High (19-6) this season in conference play, hence High’s 3-2 conference mark.

The Class 4 District 7 Championship game is scheduled for Friday, February 24, with a 7:30 tip off.

GIRLS ROUNDUP
As surprising as the boys’ seeding turned out, the girls’ side of the ledger was even more of a surprise. St. Dominic (16-6) who sits atop the Archdiocesan Athletic Association standings with a 9-1 conference record, was surprised to receive the number 2 seed.

The number 1 seed went to St. Charles High (13-10), who will have an easier road to the championship game, much easier. While St. Dominic is scheduled to take on host Duchesne (12-12) in semifinal action on Tuesday at 5:30, the Pirates will play the winner of the St. Charles West (8-14)/Trinity Catholic (8-14) contest.

High has defeated West twice this season, 52-39 in the annual Thanksgiving eve season opener, and 56-51 on January 20. They topped Trinity in semifinal action of the Trinity Catholic Classic 48-40 back in late November.

Duchesne fell to St. Dominic 53-41 at St. Dominic in early December. The championship game will be played February 24 at 6 p.m.


GAC Basketball
GIANT KILLERS
St. Charles West Defeats Zumwalt West
In a Come-From-Behind Victory
Zumwalt North Also Loses to Warriors

SPECIAL TO THE FIRST CAPITOL NEWS

Do not take the St. Charles West Warrior basketball team lightly. Also, play all 60 minutes of basketball. That’s what the Warriors have done all season.

A little under a month ago, the Warriors defeated cross-town rival St. Charles High School in quite an eye-opener to all of the local basketball experts. This past week, St. Charles West took their calm and focused game plan to Fort Zumwalt West, a Class 5 team positioned to take its district.

In its previous game, the Zumwalt West Jaguars won a nail-biting 71-64 game against their cross-town rival Fort Zumwalt South. Zumwalt West’s coach expected the momentum from that victory to carry over to the St. Charles West game.

In the first half, Zumwalt West had a team shooting percentage of 68 percent. The result was a 29-23 lead for the Jaguars at halftime.

Despite being down by six going into the second half, Terry Hollander’s St. Charles West Warriors remained focused and consistent on the game, while the Jaguars ran on emotion. Josh Branch of Zumwalt West carried the emotion to a third quarter high with 1:26 left. Branch shot from three-point range to give the Jaguars a 42-29 lead.

St. Charles West was just getting started. After two free-throws by Branch early in the fourth quarter, the Warriors rallied to score nine unanswered points. Zach Ring of the Warriors scored from three-point range to make the score 45-44. Although down by 1 and less than four minutes remaining in the game, the Warriors turned up the heat.

Sean Stratton and Kramer Soderberg scored two back-to-back 3-point shots giving the Warriors a 52-50 lead with 1:21 left. Also taking advantage of a bonus situation and Jaguar players who fouled out, the Warriors scored all six of their free throws to give the Warriors an upset victory over Fort Zumwalt West, 58-54.

The Warriors were perfect 14 for 14 on free throws in the game. Kramer Soderberg led the game with 28 points. Sophomore Brian Maurer is a Warrior to watch for the future as he scored 15 points in the game. The Warrior defense was able to keep Jaguar leading scorer Mike Graham to only 14 points.

SODERBERG, RING AND MAURER STRIKE AGAIN: After doing damage earlier in the week to Zumwalt West, the Warriors went north, to Fort Zumwalt North to take on the Panthers in a rivalry dating back 30 years. Kramer Soderberg scored 32 points in this game and was 4 for 6 in 3-point shots enroute to a 65-50 victory. Zach Ring and Brian Maurer had twelve points each for the Warriors.