Monthly Archives: October 2008

Two McLeeky’s Exhibit at Local Gallery

Lexy McPeek and her uncle James McPeek are putting on a joint exhibit of their work through mid-November at Xenia’s Express Yourself Coffeehouse and Art Gallery. James is a well know teacher in the Xenia Community Schools and part time photographer and musician. Lexy is a senior at Ohio State majoring in Art. She too is exploring the possibilities of photography but also has several paintings on display. The McPeek’s subjects range from classic car grilles to koi and reflect their eclectic tastes. Express Yourself is open weekdays from 7 AM to 2 PM and Saturday until 1 PM with evening hours on Friday and Saturday. The public is invited to stop in for a hot chocolate or cup of coffee while enjoying the artwork. The Gallery is located at 78 E. Main St. in downtown Xenia. For more information call (937) 372-7446 or contact xeniacoffee@sbcglobal.net.
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The Cavern
Xenia’s All-Ages music venue
MySpace.com/TheCavernClub

Philip Berg Appealing to the U.S. Supreme Court as Obama is “NOT” qualified to be President Lawsuit Against Obama Dismissed from Philadelphia Federal Court

Philip J. Berg, Esquire, the Attorney who filed suit against Barack H. Obama challenging Senator Obama’s lack of “qualifications” to serve as President of the United States, announced on October 25 that he is appealing the dismissal of his case to the United States Supreme Court. The case is Berg v. Obama, No. 08-cv-04083.

Berg said, “I am totally disappointed by Judge Surrick’s decision and, for all citizens of the United States, I am immediately appealing to the U.S. Supreme Court.

This is a question of who has standing to uphold our Constitution. If I don’t have standing, if you don’t have standing, if your neighbor doesn’t have standing to question the eligibility of an individual to be President of the United States – the Commander-in-Chief, the most powerful person in the world – then who does?

So, anyone can just claim to be eligible for congress or the presidency without having their legal status, age or citizenship questioned.

According to Judge Surrick, we the people have no right to police the eligibility requirements under the U.S. Constitution.

What happened to ‘…Government of the people, by the people, for the people,…’ Abraham Lincoln in his Gettysburg Address 1863.

We must legally prevent Obama, the unqualified candidate, from taking the Office of the Presidency of the United States,” Berg said.

Berg again stressed his position regarding the urgency of this case as, “we” the people, are heading to a “Constitutional Crisis” if this case is not resolved forthwith.

For more information about Berg’s continuing case against Obama, go to his website www.obamacrimes.com.

APRoundtable’s Vote 2008 Take a Stand for Truth Video

The following is a YouTube presentation on the importance of this election. It was produced by the APRoundtable (a.k.a. Ohio Roundtable).

[youtube=http://www.youtube.com/watch?v=Cz4vNybKSfc&hl=en&fs=1]

Austria lives in a dream world

By John Mitchel

Re: “DDN editorial ignored legislative accomplishments” by Steve Austria, Oct. 24: Apparently the GOP-anointed candidate, Steve Austria, is troubled that the Dayton Daily News endorsement failed to mention one of the most important issues and facilities in the (Seventh) District; Wright Patterson Air Force Base. Really?

Frankly, I’m growing weary of politicians like Steve Austria taking credit for saving Wright Patterson. The simple truth is that Wright Patt is a national treasure and will remain so because of the people who work there and their contributions to the diverse missions that support America’s warfighters. Although the politicians are eager to take all the credit, they have little to do with Wright Patt’s success. To suggest that Wright Patt will fall off the map if Austria loses the election is an insult to the military troops, government civilians and support contractors who work there.

Actually Wright Patt could be even more productive and efficient were it not for wasteful earmarks and pandering to special interests by career politicians like Steve Austria and his mentor, Dave Hobson. That is how Austria lasted for a decade in the Ohio General Assembly and that is how he will remain in Washington, but only until the citizens wise up to the fact that they are better off without big-government Republicans or Democrats running their lives and sending their tax dollars into the black hole of fraud, waste, abuse and corruption.

Hometown Christmas Committee Meeting Wed. Oct. 29th at 6:15 PM

The next meeting of the Christmas Planning Committee is scheduled for Wednesday, October 29th at 6:15 at Oasis Café.  Interested parties and Xenia merchants are encouraged to attend.  Dinner is available.

Obama’s Campaign Ends: Federal Judge Orders DNC Remove Obama From All Ballots

By Daniel Downs

After reviewing evidence presented by Attorney Philip Berg, US District Court Judge Honorable R. Barry Surrick has ruled that Barak Hussein Obama was not a “natural born” or “naturalized” citizen and is ineligible to run for and/or serve as President of the United States.

Judge Surrick then ordered the Democratic National Committee to cease all campaign activity on behalf of their candidate for President. He further ordered Obama be removed from all election ballots.

Before jumping to conclusions, the civil action brief of Attorney Berg begins by identifying himself as a life-long Democrat who is proud of his party. It cannot be said that Berg is a right-wing zealot grasping at any accusation to prevent the oppositional party from being elected. No, Berg is here fulfilling his oath to uphold the Constitution.

In addition to his defense of Constitutional integrity, Berg also says his purpose is to defend the integrity of his Party. Many people have given of their money and time in support of Party goals, which include “to restore accountability, honesty, and openness at all levels of government”, to “restore the Constitution and protect the civil rights and liberties of all Americans,” and to “uphold the Constitution.” Berg continues, “[t]o uphold the Constitution includes making sure that the candidate is eligible to serve as President pursuant to Article II, Section 1 of our United States Constitution and that such candidate runs a fair and legitimate campaign.”

As for the evidence, Berg investigation discovered Obama was born in Kenya. His father was a citizen of Kenya. His was 18 years old at the time. Even though a child born to a U.S. citizen could acquire natural born citizenship, his then 18-year-old mother did not meet U.S. law governing citizenship. Obama became a citizen of Kenya. He was schooled there under the name of Barry Hussein Soetoro, the name of his father Lolo Soetoro. His citizenship in Kenya was confirmed from school records.

Attorney Berg and Judge Surrick have proven that Constitutional Democracy in our Republic of states still works as intended by this nation’s Founders. Thank God.

Source: Berg v Obama, et. al., Civil Action No. 08-cv-04083 (E.D. Pen. Oct. 22, 2008).

Future of Xenia Under One Roof?

By Daniel Downs

The Xenia Community Schools Under One Roof (UOR) plan is an exciting new innovative concept. A campus combining existing community organizations like the YMCA, Senior Citizens Center, hospital, Athletes in Actions, and others sharing costs and resources is popular and unproven. For example, a hospital serves people from outside the community as well as local residents. Connected facilities increase the potential for our youth to be targets of unsuspected criminals. A previous writer raised concerns about post-9-11 requirements for enhanced security and UOR increases that need even more. The UOR model like the Lake Local School High School in Union Ohio is too new to know what problems may or may not occur with great confidence. It is also not likely those that already have occurred will be advertised.

Another issue that needs to be raised is why should high school students alone benefit from the UOR plan? Why not junior high and elementary students? I understand why only senior high students would benefit from a hospital-based medical training facility. An on-campus hospital would provide beneficial services to both athletes and the elderly. That’s all good, but shouldn’t other Xenia students also benefit from the YMCA, Athletes in Action, medical services, potential interaction the elderly, and from similar affiliations?

I believe neighborhood schools with small class sizes and real parental involvement are the best kind. In California, Colorado, New York, Texas, and other states tried supersized schools and found them very problematic. Reports shows they have returned to small neighborhood or specialty schools because they are more effective and less problematic learning environments. That’s why Xenia’s plan to supersize elementary schools is a bad idea. An alternative to both supersized and neighborhood elementary schools is building small neighborhood sized elementary schools and middle schools on planned UOR campus. Why not revise the UOR plan to include all schools so that all Xenia children benefit? Yes, it would increase the current plan costs considerably. It would even increase the cost of busing, but it might be worth it.

What does not make sense is replacing one of the newest buildings in the school district. At least three elementary schools, all of them older than Warner Jr. High, actually should be rebuilt. If Xenia is going to invest in the UOR plan, why not go all out and either rebuild all schools on the new site, or rebuild other schools in their neighborhoods with an Olympian size swimming pool, health service facilities, upgraded science labs, and high tech communication and computerized infrastructure. Why let politics and unjust government funding strategies (government rip off of tobacco companies) rule Xenia’s future? Why not spend the extra dollars to build the best possible educational facilities meeting future needs today?

Well, here is a brief answer. About 62% of Xenia households cannot afford more taxes and the rising cost-of-living. The annual income of 32% of Xenia families and their children is at or below the poverty line. Another 30% have incomes at or below $40,000. Families with that level of income are also eligible for the State Children’s Health Insurance Program (SCHIP). We should not forget that about 11% of Xenia householders are senior citizens. They certainly cannot afford more taxes along with rising cost of gas, food, heating, water, and most everything else. That leaves only 38% or nearly 4,100 households to pay for most of the over 50 million dollar Under One Roof bill. That is if the bond issue passes.

Besides the money issue, education is not about swimming, sports (can I hear a boo?), sex, or computers. It is about learning to read, write, do math and science, understand the lessons of literature and history, prepare for good citizenship and a profitable career. When it comes to school facilities, warm, cool, dry, safe school buildings are of utmost importance not the latest and greatest technologies and services, big high-tech labs, pool facilities, or sports stadiums. However, the amenities would be pretty nice and maybe even beneficial.

So what can Xenia residents do? First, remember the UOR bond issue is our school officials’ latest plan to get Ohio School Facility Commission money to build new schools. If memory serves correctly, they’ve been trying to get a bond issue passed for 10 years or more. Second, low income and elderly citizens must also vote this November making sure their voice is heard concerning the UOR/school rebuilding plan. If Xenia citizens (especially, the 38% who will pay the most) decide to rebuild better schools now, why not go the extra mile and make sure the best plan for the best schools are built and paid for now. The often-chanted mantra is still true: ‘Costs will only go up’ and the nearly $50 million in tobacco industry ‘blood money’ will no longer be available.

Originally published on February 27 in the Xenia Daily Gazette

Xenia Community Schools Rebuilding Plan : It’s All About the Money

By Daniel Downs

Part Three

If Xenia taxpayers want new schools or even the Under-One-Roof plan, they need to consider the costs. Xenia can change the structure of the school system and rebuild all but two new schools plus a new central office just to get the state to pay 46% ($56 million) of the total costs.
Under the new plan, the central office building, Cox, Shawnee, Simon Kenton, and South Hill school buildings will require reuse plans. The YMCA is moving whether or not voters approve of the Under-One-Roof plan. The library is considering using the YMCA to expand its services. The Senior Citizen Center is hoping to move as well. Other buildings in the downtown area requiring reuse including the old historic library located across the street from the both the Senior Citizen Center and YMCA, and the list goes on…. If these buildings will be reused for public purposes, Xenia taxpayers will have to foot the bill for any repairs or renovations. Ideally, private investors would be attracted to purchase any abandoned school buildings.

During the Xenia Community School District Forum, I suggested reusing Brenner Field House as a theater for plays and musicals. Unfortunately, the filed house was built over a garbage dump. So reusing Brenner may not such a good idea, according Robert Smith.

If all of the school buildings are going to be rebuilt per voter approval, why not build all of them on same property along with a new YMCA, Senior Citizen Center, Kettering Hospital out-patient center, and branches of several colleges. That way the elementary and middle school students would benefit from the YMCA, nearby health care, and possibly interaction with wise and caring senior citizens. It’s true project costs would be higher and busing cost would probably increase as well, but the benefits might exceed the additional costs.

As the meeting proceeded through old building reuse ideas, it dawned on me that almost all of the attendees except for maybe a half-dozen residents were past or present educators. There may have been two or three parents with children attending Cox or other Xenia schools at the forum. There were a lot of teachers present. One of them asked a pertinent question: what will happen to their jobs. What board member Bill Spahr didn’t say was that all of them would be placed in new positions at new schools.

Beyond reuse and employment issues, the bottom line is whether Xenia residents can afford a $66.5 million or more bond issue. As I pointed out in my February article titled What is the Future of Xenia Under One Roof, 62 percent of Xenia residents qualify for the hot welfare program called State Children’s Health Insurance Program (SCHIP). Nearly a third of Xenia residents have incomes at or below the poverty line. That leaves about 38 percent who still might be capable of handling more taxes on top of the rising costs for gas, food, and most other goods and services.

What happens if Xenia voters do not approve any rebuilding plan? Will any money still be available for renovating or rebuilding school facilities in the future? I asked the Ohio School Facilities Commission that question, but I never got a response. The tobacco securitization funds will no longer be available after 2009. After that time, a portion of any funds the General Assembly budgets for school renovation and construction will be available to deserving school districts to help fund building projects.

Maybe what Xenia needs is a very wealthy patron saint or at least a few generous patrons. If a golden giver is not available or willing, maybe Congress would be disposed to redirect some of it golden earmarked pork to Xenia to cover the cost of building new schools. It would probably be more effective than the current stimulus plan and certainly healthier than their economy-killing subsidies to the ethanol industry. If Congress doesn’t have a heart to share more of its pork with Xenia, maybe the State of Ohio would give us back our 9 cent surcharge on all of our gas and electric. It seems only fair seeing the state no longer intends to give any of it to citizens for windmills or solar energy and similar renewable energy enhancements. The state didn’t give much of it to homeowners anyway. A lot of it was redirected to cover other state programs. The question we should be asking is why renters and homeowners are subsidizing the energy industry instead of education. Let business subsidize their own growth and innovations. Of course, the problem is convincing those who represent us in the Ohio General Assembly that it is a better idea than those propositions being argued by industry lobbyists.

Originally published on April 29 in the Xenia Daily Gazette.

Xenia Community Schools Rebuilding Plan: Why Small Schools Are Best

By Daniel Downs

Part Two

As mentioned in part one, Xenia school administrators want to rebuild four elementary schools and convert Central Middle School into another. The rationale for reducing the number of elementary schools from seven to five is based on the state’s contradictory 350 minimum enrollment rule. The state will fund neither school renovations nor new buildings with projected enrollments under 350 students. For Xenia, super-sizing our schools mean almost all 1,100 middle school students will travel by bus to what is now the high school. It also means no more neighborhood schools for families now attending Spring Hill, Simon Kenton, or Cox.

I find two additional problems with both Ohio’s 350 rule and Xenia’s rebuilding plans. The first is with the Ohio Revised Code regulating school buildings. Ohio law requires the “[s]upport and facilitation of smaller classes and the trend toward smaller schools” while also requiring projected or actual school enrollment to be 350 or more. The Ohio School Facilities Commission may also waive this rule when “topography, sparsity of population, and other factors make larger schools impracticable.” Here is an apparent contradiction in Ohio law that needs changed to reflect acknowledged best practice criteria, which also related to the other problem.

Urban school districts have tried super-sized schools. Both student behavior and academic performance declined significantly enough to cause many urban districts to return to smaller neighborhood schools. These are facts revealed in a study titled Reducing the Negative Effects of Large Schools. A national study called Smaller, Safer, Saner Successful Schools found schools with less than 350 students have better learning environments in which academic achievement is higher, dropouts are less, behavioral problems are fewer, and teacher satisfaction is greater than for larger schools. However, an older study by Kathleen Cotton titled School Size, School Climate, and Student Performance sets the maximum at 300-400 for elementary schools and 400-800 for secondary schools. As mentioned in Ohio law, the best schools are small schools.

Under Xenia’s rebuilding plan, enrollment at all combined elementary schools, except Tecumseh, will likely be over 400 students. The combined middle school enrollment will be over 1,100 and the high school currently has over 1,400 students. The above research presented case studies of successful large schools that were reorganized into smaller schools or units. Many were restructured similar to the magnet school concept but the various specialty schools were all located in the same building. By creating smaller schools under-one-roof, teacher and student interaction increased resulting in greater satisfaction and higher achievement.

Still some question whether super-sizing Xenia schools will adversely affect teacher performance and student learning. Fairborn City Schools latest test results suggest that students in larger elementary school settings can perform relatively well—comparable to some of Xenia primary schools. Yet, a comparison of all Xenia elementary schools shows that the top performing schools have enrollments under 300. In three of the four top performing schools, 54 to 62 percent of students come from economically disadvantaged homes. The percent of students from low-income homes at the fourth and the highest performing school is about 24 percent. This school also has the fourth highest percentage of minority students. Two of the other higher performing schools had the highest percentage of minorities in the school district. All of which points to smaller schools as the primary factor for more students achieving a proficiency score or higher on state achievement tests. The four highest performing schools also produced a higher percentage of students achieving accelerated and advanced scores locally and two of these schools exceeded state averages as well.

One attendee at the Xenia Community School District Forum brought up another issue that Xenia residents should consider. By 2011, Wright Patterson AFB will have gained 1,100 new military personnel who are being transferred mostly from the Brooks City Base located near San Antonio, Texas. They will be looking for new homes. Families with children will be looking for communities with the best schools and good neighborhoods. Xenia will have a hard time attracting them without bringing our schools up-to-date. As noted above, the best schools are small schools. According the study titled School Facility Conditions and Student Academic Achievement, the best schools also include safe, well lighted, and temperature-controlled learning environments with the presence of windows.

During the building tour, Robert Smith said state maintenance leaders rate Xenia maintenance staff and schools very high. Nevertheless, schools like Cox need building upgrades and repairs. One of the pictures on the School District website shows standing water near the building. Current environmental safety law, also known as Jared’s Law, mandates the elimination of the causes of any standing water near school buildings, flooding, or any other water damage. The law also mandates that plumbing and electrical systems be in good operating condition. As mentioned in part one, Cox requires considerable plumbing and well as well as electrical system renovation. One of the boilers is inoperable, some of the piping needs replaced, and bathroom facilities needs renovated. The electrical system is inadequate to handle computers and air conditioning and its circuit breakers are obsolete. In other words, Cox needs increased electrical service as well as new service panels and breakers. How much the repairs would actually cost was unknown.

Therefore, I think it would be beneficial to Xenia taxpayers to see an actual building-by-building detailed cost estimate of needed repairs and renovations renovations to compare with estimate costs of the current rebuilding plans.

Originally published on April 28 in the Xenia Daily Gazette

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Xenia Community Schools Rebuilding Plan: What I Learned at the Forum

By Daniel Downs

Part One

While growing up, I attended public school in Xenia. I went to GJVS, Xenia High, West (now Warner) Jr. High, and the infamous Cox Elementary. On April 2, I returned to Cox. No, I was not having a senior moment. I was not attending a children’s program nor was I attempting to get in touch with my earlier self—whatever that means. I returned to Cox to attend the second of three Xenia Community School District Forums lead by Wright State University Center for Urban and Public Affairs (CUPA) staff.

The program began with a tour of the building. Leading the tour was maintenance supervisor Robert Smith. He presented a history of Cox Elementary school expansions, renovations, and problems. Smith pointed out several current problems such as an antiquated electrical system not capable of being properly maintained or handling needed computer systems and air conditioning. Another issue was old plumbing and bathroom facilities needing renovated as well as a collapsed drainage pipe and occasional flooding. When asked about the cost of fixing those problems, Smith said he would not venture a guess. He did indicate that those repairs would entail a major renovation.

I think Smith committed a Freudian slip when he said, “I will have plenty of money for maintenance whether new schools are built or not.” That statement led me to believe the school district has enough money to fix the current problems. But, in light of the nearly $122.5 million building project, I might have committed a subliminal misunderstanding.

After the tour, WSU-CUPA staff presented a general overview of the present situation. The state has determined that no Xenia school building except the current high school and the Central High School meets the two-thirds rule. The rule means the state will not fund any building renovation that would costs two-thirds or more of the cost to build a new facility. Originally, the Ohio School Facilities Commission had condemned all Xenia school buildings under the two-thirds rule but Xenia school officials argued that the two newest facilities were compliant with disability regulations. They also proposed a reuse plan for the current high school and Central Middle School. The high school would house all middle school students and Central Middle School would be converted into an elementary school. The state liked the reuse plan and consequently waived the two-thirds rule.

According to the state law, it is possible to renovate schools even when costs will exceed the two-thirds rule. The Ohio School Facilities Commission will waive the rule based on factors such as the historical significance of a building, adequacy of a school’s structure, space, classroom size, and egress. Other factors used to evaluate schools are quality of lighting and air, long-term durability, and the ability to meet American Disability Act standards. Consequently, Xenia could possibly renovate the historically significant central office building and most of the schools.

According to board member Bill Spahr, another state rule is that all schools must have at projected enrollment of at least 350 students to receive Ohio School Facilities Commission funding, which explains why Xenia school administrators plan to reduce the number of elementary schools from seven to five. Super-sizing Xenia schools also means almost all middle school students will travel by bus to what is now the high school. It means no more neighborhood schools for families now attending Spring Hill, Simon Kenton, or Cox.

The plan to build new schools at current school locations with sufficient land makes sense. Doing so will allow students to continue meeting in the same buildings until new ones are built. However, I see a conflict with the 350 rule and the current rebuilding plan. For example, building a new school at Tecumseh will not change its enrollment of 280 students. Up the road towards town is Shawnee with an enrollment of 288. Children now attending Shawnee will likely attend what is now Central Middle School. Because a complete renovation is not planned for Central, the 350 rule doesn’t apply. School administrators are not planning to rebuild at Spring Hill. So where will its students go? Will the 219 children attending Spring Hill be bused to Central or will a new school be built to service both Spring Hill students and those living at Wright Cycle Estates? Or will children living in the areas between South Detroit and Bellbrook Avenue get a new school? If so, will the 380 children attending Simon Kenton combine with the 383 at McKinley instead of the 239 students at Arrowood? Where does that leave the 346 children attending Cox? Where do school officials plan to bus them? To Tecumseh?

I think building a new school at Cox would be a better use of school property. It would at least give Cox students a school in reasonable proximity to their neighborhoods. Remember, those most affected by the rebuilding plan are elementary age children and their parents.

Originally published on April 26 in the Xenia Daily Gazette