Saturday, June 10, 2006

MR. TUCKER, THIS IS NOT A JOKE

Mr. Tucker,

You said in your June 7, 2006 column in the Tribune that Councilmen Coffey and Price must have been joking about rescinding the resolution on Scribner Place.

Again, we must repeat ourselves. Mr. Coffey has often said that he is not against the YMCA itself but he is against using property tax dollars to back a bond issue for a 17 million dollar swimming pool.

Mr. Price is often criticized for his frugality but he watches out for the tax payers' dollars. And many tax payers appreciate that.

We have not heard anyone say they are against the YMCA. Other cities have had YMCA's built without costing the taxpayers a dime. Why not New Albany? We already have a swimming pool which is ran by the parks dept. and it loses money every year.

As you must know, the EPA is here to investigate the problems with our sewers. Do you think these guys are joking too? Who knows what's going to happen by the time they are finished? You and others have your heads so far in the sand you can't see what is going on around you.

This city is in serious trouble. Some of our citizens have been saying that for years but their warnings have fallen on deaf ears. We agree the topic of the sewer dept. is not a pretty picture, especially when compared to a gleaming new YMCA building. But as adults we must face the facts. Scribner Place is the icing on the cake but you must break a few eggs and deal with the mess first.

Mr. Tucker, we realize you have only been a New Albany resident a short time. Please don't just listen to a portion of the population. There is a "silent majority" and we here at Freedom of Speech intend to give them a voice.

JIMMY, NOW YOUR JUST REALLY CONFUSING US TAXPAYERS...

SEWER RATE INCREASE IS LIKE A ROLLER-COASTER...

Mr. Mayor, Mr. Fifer and Mr. Gahan you need to get together and agree on your facts!

1. Fox News-June 6, 2006

Quote: "Mayor Garner says he will recommend a 24% Sewer increase to council in June or July."

2. Courier Journal June 7, 2006

Quote: "Without a rate increase next year, Fifer said, "We will be bouncing checks."

3. Courier Journal June 7, 2006

Quote: "The New Albany sewage system can survive financially this year without a rate increase, but it's reserves will be dangerously low after a $5 million bond payment in September, sewer board lawyer Greg Fifer has told the council.

4. Courier Journal June 7, 2006

Quote: "Fifer said they-could and he urged the council to find a way to solve the financial problem this summer."

Question Atty. Fifer: So which is it this summer or next year? It sounds like you are talking to the taxpayers out of both sides of your mouth at the same time.

Quote: "After the Council discusses the options, Gahan said, he hopes a meeting can be scheduled to get more details about the need for a rate increase. The council might then be able to take action in August or September, Gahan said."

Good God fellows can't you all get your facts and time frames straight? Now, this summer or next year?

Our Summary of Sewer Rate increase:

* Fox News (6-6-06)
Mayor Garner says, He will recommend a 24% sewer bill in June or July 2006 at next Council meeting.

* Courier (6-7-06)
Sewer Board Attorney Fifer says, "Next Year."
Fifer projected at 26 percent to 32 percent increase.

* Courier (6-7-06)
Council Pres. Gahan says: August or September 2006

Now here is the taxpayers question: You Garner say 24% increase. Then Fifer says 26-32 percent increase on our sewer bill. So who is telling us the truth? Or do you guys even know how much of an increase your going to put on us citizens?

And please don't say "It will only be a few dollars more than what your currently paying".... "GOOD GRIEF" Jimmy! Can't you come up with a better line than this one?

Freedom Of Speech would like to actually "Thank You" Council President Gahan for finally telling us taxpayers the truth when you made this statement:

C/J 6-7-06

Quote: "I think it would have been very helpful to have had that conversation "90 days ago" when Mayor James Garner began talking about the need for a sewer rate increase." Gahan said.

This comment is absolutely priceless!

It tells us taxpayers all we need to know. It is another 11th hour "hurry up and do or die emergency". But the real bottom line on a sewer increase is lack of judgement in making the necessary cuts in the budget and the mismanagement. This is another example of incompetence and poor management skills on the mayors part, and most importantly not doing what is best for the taxpayers.

Where is it written the citizens of New Albany should pay for your mistakes Mr. Mayor?

Freedom Of Speech would like to ask you Mr. Mayor:

How about telling the truth about the sewer increase? Can't you just say, "We are broke and if I don't raise your sewer bills we can't fix what the EPA demands or we will:

1. Not receive needed sewer credits.

2. Be fined by the EPA.

3. Can't make the Bond payment in September.

Finally just say it Jimmy, "We are broke because I have mismanaged and over spent".

How hard is that, Mr. Mayor?

OFFICIALLY "BREAKS DOWN"

QUOTE OF NOTE

"Once the politics get taken out of the project officially breaks down, we expect more donors to jump on board,"
-Mike Ricke


Yes, Mr. Ricke, we already see that happening as the City Administration keeps misquoting the figures and cost for The Scribner Place Project.

Questions:

1. Why is the city going to be responsible for paying off a bond debt for YMCA?

2. Why will the City Attorney receive a percentage fee on this bond that includes YMCA?

3. When will you have the full 8 million dollars Mr. Ricke for the YMCA? Before the Mayor does the Bond Deal? Or after the Bonds are sold?

4. Is it legal to use our Edit Tax money and our property tax money to back up a bond that includes YMCA?

5. What happen with separation of Church & State?


Freedom Of Speech would like to ask you Mr. Ricke where do you get off making the statement "Does it make sense for the City Council to turn away a business that wants to build and expand in downtown New Albany?

Don't you agree Mr. Ricke it makes alot more sense for the City Council to fix the sewers first? Before we build and expand downtown?

Scribner Place has been a Political Project from the get-go. And who do you all think you are kidding! The bottom line is profit for the YMCA.

Without the commitment of back up property taxes for the "bond money" this project can not be done.

And Mr. Ricke will Scribner Place be needing a Tax Abatement?

Friday, June 09, 2006

IS IT INCOMPETENCE OR JUST DISHONESTY?

DELINQUENT SEWER BILLS

In an interview on Fox News at 10 PM on Tuesday, June 6, 2006, the Mayor announced that he was planning to collect overdue sewer bills dating back to 1999.

Mr. Mayor you need to do your homework!

Apparently you were not listening to private citizen Valla Ann Bolovschak at Monday's June 5th council meeting as she explained to the City Council and the many citizens of New Albany that there was over 3 million dollars in uncollectable delinquent sewer bills. Valla Ann explained the IC 36-9-25-11 CODE.

(g) Fees assessed against real property under this section also constitute a lien against the property assessed. The lien attaches at the time of the filing of a notice of lien in the County Recorder's Office. The lien is superior to all other liens except tax liens.

(h) A fee assessed against real property under this section constitutes a lien against the property assessed only when the fee is delinquent for no more than three (3) years from the day after the fee is due.

Valla Ann explained that from 1999 through the end of 2003 there was over 3 million dollars not collected. Due to IC 36-9-25-11 WE CANNOT GO BACK AND COLLECT THESE UNPAID SEWER BILLS! She went on to explain that in 2004 the uncollected amount was approximately $900,000 and in 2005 the amount was around $700,000. This totals over 1.5 million dollars which you and your sewer board have failed to collect.

She also explained she had recently visited the Floyd County Treasurer's Office and had asked about the number of sewer liens turned over to the Treasurer for recording of same. The response was that none had been filed from January 2004- until after May 2005.


Valla Ann has been telling you and the sewer board for months to get busy and place liens on the property where the delinquent bills were accumulated. The liens are filed against the property owner, not the tenant. And the only thing sewer board attorney Fifer could says was, "Oh, they changed that process".

So we ask you Mayor Garner is this fair to us citizens who pay their sewer bills? And you have the nerve to raise our sewer rate because you and your adminstration are not doing there jobs?

Mr. Mayor where have you and your sewer board attorney been? Do you not know that Indiana Code controls that process. And just maybe you need to read Indiana Code.

Also last year, the City Council approved the position of a paralegal to be hired in the City Attorney's Office. Why hasn't that person been working on the delinquent sewer liens? The Sewer Board has now approved the hiring of another clerk for the billing office on the third floor to work on delinquent sewer bills. So how can you justify hiring additional employees when it is so obvious people are not doing their jobs?

Freedom Of Speech feels that this is incomptence on your part that the delinquent sewer bills have not been collected. We can only hold you accountiable from 2004 to present. What you are doing to the taxpayers is wrong.

It also makes us question your sincere honesty to do your job and hire the right people. And as you say the buck stops here!

We citizens are outraged that your not doing your job. But Valla Ann Bolovschak a private citizen is doing your job for free and looking out for the taxpayers. All the while you're being interviewed on Fox TV saying what you are going to do. Or did you go on TV because Valla Ann told the truth, gave the real facts about delinquent sewer bills and offered a solution? The citizens of New Albany are tired of promises. We want results!

Mayor Garner if you are not part of the solution for New Albany's problems then maybe you are part of the problem!





Thursday, June 08, 2006

A LETTER FROM TOM CANNON TOWNSHIP TRUSTEE

May 30, 2006

New Albany Township Board,

As you may already know I will not be holding this position for the Floyd County Democratic party next year. Until that time I will continue to bend over backwards to meet your request.

For example:

Indiana Code states that the Trustee is to pay you annually. Your asking to be paid monthly is totally up to the Township Executive.

However I look forward to seeing you in August when I present next year's budget. The meeting is scheduled for Four PM Tuesday August first.

I wish all of you well in November.

I will miss your tactics, lies, dementedness and lack of appreciation for all I do for you.

I Remain,

Tom Cannon, Township Trustee


Freedom Of Speech would like to respond to your comments:

Mr. Cannon this is why you lost the primary election! You were offered time on WNAS to dispute Boardmember Bob Hornung's allegations. So we ask you Tom why did you not defend yourself? What did you have to hide?

You, Mr. Cannon broke the Cardinal Rule of an "Elected Official". It's called accountability. You forgot that you work for the people, and the taxpayers sign your paycheck.

And you Sir, have no one to blame but yourself!

THE SNEEZE...

They walked in tandum, each of the ninety-two students filing into the already crowded auditorium. With rich maroon gowns flowing and the traditional caps, they looked almost as grown up as they felt.

Dad's swallowed hard behind smiles, and Moms freely brushed away tears.

This class would not pray during the commencements-not by choice, but because of a recent court ruling prohibiting it.

The principal and several students were careful to stay within the guidelines allowed by the ruling. They gave inspirational and challenging speeches, but no one mentioned divine guidance and no one asked for blessings on the graduates or their families.

The speeches were nice, but they were routine...until the final speech received a standing ovation.

A solitary student walked proudly to the microphone. He stood still and silent for just a moment, and then, it happened. All 92 students, every single one of them, suddenly SNEEZED!!!!

The student on stage simply looked at the audience and said, "GOD BLESS YOU, each and every one of you!" And he walked off stage...

The audience exploded into applause. The graduating class of 2006 found a unique way to invoke God's blessing on their future with or without the court's approval.

GOD BLESS YOU!!!
From the Class of 2006



And as we say in New Albany....with liberty, and justice "FOR ALL!"

Wednesday, June 07, 2006

OPEN LETTER TO THE TRIBUNE

Please get the facts straight!

"Corrections" needed on articles June 6, 2006.

1. Scribner Place article: (page 1) The $137,500 Edit Funds pledged to Scribner is wrong. The correct amount of Edit Money pledged to Scribner is $263,000 per year.

See the Council meeting minutes of September 8, 2005.

"Mayor Garner suggested that the amend this resolution to $263,000, so that the total counting the county money would be $400,000."

2. June 6, 2006- (page 1) "city oks sewer fee increase" This is not correct. The council approved a Stormwater Fee increase not a sewer Fee increase.

3. Page 1 and 4

"The Council amended the Stormwater Board bill to set the salaries at 0$ for each of the three members instead of $6.25 per meeting. Mayor Garner's administration had suggested".

This is not correct. Mayor Garner had suggested $625.00 not $6.25 per month.

Summary:

O.K. Mr. Tucker-Let's correct the errors in your front page article:

* Scribner Place is $263,000 not $137,500.

* Stormwater Fee increased, not the sewer fee.

* Stormwater Board pay, $625.00 per month, not $6.25


Freedom Of Speech would like to ask you Mr. Tucker was Eric Scott Campbell even awake during this council meeting? Because he sure didn't have his facts right again! And you wonder why you are losing Tribune customers.

Tuesday, June 06, 2006

FROM THE FREEDOM OF SPEECH...EMAIL-BAG OF GOODIES

Subj. Daisy Lane Development
Date: 6/6/2006

Thank you for saying what most of us are unable to articulate. I have never been exposed to behind the scenes in politics and extremely naieve about this. I know that dishonesty exists but chose not to believe it does in New Albany. I have always tried to believe that you trust those that you put in office to do what is best for all of us. I have recently learned more than I had ever wanted to know about what really transpires. I always vote and always ask about various candidates before doing so. I choose not to vote strictly along party lines.

There are approximately 250 voters that are opposed to the Daisy Lane Devlopment. I believe that most of the councilmen realize this, but some must think they are untouchable.

Thank you for being a strong voice for us. You speak our language.

Sincerely,
Daisy Lane Resident

Monday, June 05, 2006

FINANCIAL SHORTAGES

1. Street Department

2003-short...$179.234
2004-short...$221.842
2005-short...$473.374

2006-Estimate to be short $700,000.00

2. Local roads and streets fund in the red.

3. Drop program for police Retirements

13 Applications for drop program will start in 2008 estimated to cost $1,000,000.00

(These figures are from Mrs. Garry City Comptroller)


Freedom Of Speech wonders how come there is about $3,000,000-$5,000,000 dollars unaccountable?

Just maybe we do need an investigation of mismanagement and a complete audit!




Sunday, June 04, 2006

STREET DEPARTMENT BUILDING FIRE

Insurance money was recieved to repair damages and replace equipment that was damaged by the fire.

Building has not been repaired and is now covered by blue plastic cover which is an eyesore to the City of New Albany.

Questions:

1. What amount of insurance money was paid to the city for this fire damage?

2. Name of the insurance company?

3. What was this money spent for?

Saturday, June 03, 2006

NEWS FLASH FROM COUNCILMAN STEVE PRICE

Sewer Bill Increase...Info to get you in the know.

* Storm water ordinance was created to comply with the EPA mandate.

* It is not necessary to create a storm water advisory board.

* Salaries for board members will only add strain to city finances and increase of taxes.

* Proposed salaries - Mayor + 2 members, $625/mo each, Secretary $525/mo. Yearly expense $22,500.

* June 5th, 2 Resolutions will be proposed before the council.

* R-06-15 $3 million dollars recieved from jail bonds should go towards sewer maintenance to decrease the amount of possible rate increases.

* R-06-16 Scribner/YMCA Bonds, $400 thousand dollars per year for 17 years with a property tax guarantee. If the city is unable to pay the bond payments, then your property tax will increase to cover the payment.

* Show your support on June 5th by attending the 7:30 pm meeting.

DO NOT RAISE OUR SEWER RATES

Need more information?
Contact Steve Price, 3rd district Councilman 941-9032


Your right Councilman Price when you say: It's time the city works for the people instead of against the people. Thanks for having the guts to demand accountability and checks and balances.

Can you still believe Councilman Steve Price that a certain group of people in New Albany think your just complaining about a few nickels and dimes?

Friday, June 02, 2006

OPEN LETTER FROM COUNCILMAN DAN COFFEY

Recently, you have seen articles in the newspaper about large sewer rate increases and storm drainage fees. Feeling that these will have a strong impact on your household budget, I want to give you the information I have received to date. Some of this information I received yesterday.

The storm water ordinance was created to comply with an EPA mandate. While we have to comply, I do not feel it is necessary to form a new board to deal with this issue. The council or sewer board can perform these duties at no additional cost to the citizens.

Currently, there is a move to create an additional board with the mayor, and two members to be paid six hunfred and twenty five dollars a month each ($7,500.00) per year, and a secretary five hundred and twenty two dollars per month ($6,264.00) per year. That is an additional twenty two thousand and five hundred dollars ($22,500) per year. I feel that this money would be better spent on drainage problems.

On Monday, June 5th, I will be proposing two resolutions.
R-06-15: This resolution deals with the money the city will receive from the jail bonds. The amount will be close to 3 million dollars. Considering we are approximately 5 million short on our sewer funds. I would like to see the Edit Reserve from the jail bonds transferred to the sewers. This would reduce the amount needed for a sewer rate increase. The administration will argue this money is needed to cover other expenses.

What we need to do, is operate within the budget that the State allows.

R-06-16: This resolution deals with the city financing of the Scribner/YMCA bonds. We the taxpayers, are asked to pay up to 400 thousand dollars per year, for 17 years, to finance the bonds for this project. The bonds are also backed with the promise that if we run short on funds, that our property taxes will be used to pay them. This could lead to higher property taxes! I feel that we cannot afford this. We need to use that money for streets, sidewalks, and the drop retirement program, (which is estimated to be 1 million in the red), and other city needs. That is why I am introducing R-06-16. With the Edit Reserve from the jail bonds, and the money we save if we do not bond the Scribner project, we should be able to keep our finance in order and not have to ask the good citizens of New Albany for another sewer rate increase. If you have any concerns or comments, call me at 949-1262 or 797-8347.


Thank you for reading, and may God bless.

Dan Coffey 1st District City Councilman



Freedom Of Speech would like to ask Councilman Coffey to continue to fight for what is best for all the citizens in New Albany. And we thank you Dan for refusing to be a "Rubber Stamp" for this Administration.

Thursday, June 01, 2006

DEPRIVING CITIZENS RIGHTS AND THEIR PROPERTY

Regardless of the opinions on either side of the issue, the Linden Meadows dispute will be resolved on the Appellate or Supreme Court level. The issue cannot be resolved at the local level.

The issue here is a simple one: The issue here is whether the deed of 1935/1962 is valid. It is a question whether the donation of land reserved for a specific purpose and the reversionary clause is valid despite the Indiana statue of the early 1990's.

The facts are clear: In 1935, Catherine Fawcett donated this land in question to the city to be used for recreational purposes. A reversionary clause was attached not only in 1935, but also in 1962 stating that if the land was to be used for any other purpose, it was to be reverted back to the donor or the heirs. As recalled by surviving heirs of Catherine Fawcett, this land was to be her legacy; a gift to the citizens of New Albany to enjoy forever.

The public interest protected by this reversionary clause-a recreational area to be enjoyed by the citizens of New Albany-remained intact from 1935 until 2004 when the city of New Albany decided to violate the conditions of the deed. Infact, in 1999, the School Corporation of New Albany-Floyd County contracted with the parks department to upgrade the ball field for use by New Albany High School. The School Corporation spent $105,000 of taxpayer's money between 1999 and 2004 to upgrade the field.

The Linden Meadows subdivision symbolizes the local government under color of law depriving it's citizens of their rights and their property. Linden Meadows subdivision is an affront to all citizens of New Albany, rich or poor, Democrat or Republican.

It illustrates the arrogance of local officials who do not respect a legally, morally binding contract. The opponents of Linden Meadows subdivision base their opposition on the validity of the 1962 deed. A deed is a morally and legal binding contract, which protects land from unlawful manipulation.

CHDO and the City of New Albany and the supporters of Linden Meadows have created a smoke screen to cloud the issue involved here. In the November 22nd hearing, CHDO and the City of New Albany created a smoke screen based on two absurd arguments:

That Howard McLean Park was not a park and that the Fawcett heirs were paid for the land. Both arguments were not credible. The land was donated as a park in 1935, christened as a park, dedicated as a park, and used as a park.

As a matter of fact, the parks department maintained the park for 70 years.

Regarding the second argument, the Fawcett heirs deny ever having been paid for that land. In fact, the amount that was allegedly paid ($1600) in 1962 was grossly out of proportion to the total amount paid for the land. The city received $284,000 for 80 acres. The Fawcetts should have recieved approximately $36,000 for their ten acres instead of a measly $1600. But in any event the Fawcett heirs have no record or recollection of ever having been paid.

They also believed this land was preserved under the priginal 1935 deed. As for the 1962 deed, there are reversionary clauses in the deed regarding two pieces of land. One piece of land did not have a reversionary clause.

However, the supporters of Linden Meadows obviously don't care to look for the facts in this case.

The real issue (the validity of the 1962 deed) was never addressed in the ruling after the November 22nd hearing. The Judge ruling only addressed the smoke screen presented by CHDO and the city. The Judge even ruled that the Fawcett heirs should have had first right of refusal of the land if it "had been for sale" after 1962; however, she stated that it wasn't.

Interestingly, a memo in 1998 from John Rosenbarger to the mayor stated that the Howard McLean ball field, lots on Cottom and Linden as well as the golf course were for sale by the state of Indiana. It appears that the Fawcett heirs should have been approached at that time, but were denied their rights.

The supporters of Linden Meadows subdivision have obfuscated the issue with slanderous attacks. They accuse the opponents of racism and anti-family bias, which has been proved to be total without merit. They have falsely stated that residents of the area support Linden Meadows when in fact approximately 75 residents of that area signed a petition against it. It is a false statement that a "low income specialist" was approached by the opponent's attorney to testify.

The heirs of the Fawcett family cannot afford to protect their property rights therefore other interested residents in the area have joined the battle. It is as simple as that. There are no other dogs in the fight. The supporters of Linden Meadows have their pitiful conspiracy theories that there are other political supporters. We hate to disappoint them in their quest for drama, but their conspiracy theories are false.

As for someone buying the houses that now sit on Linden Avenue....good for them. We hope that both of them sell to qualified homeowners. If CHDO and the city are trying to sell the houses in Linden Meadows to unsuspecting homeowners but withholding information about the pending lawsuit, then that, my dear friends, is very deceptive.

And do you know what would be the best thing to do of all? Go talk to the six families that have been slandered during this fight. They would be happy to sit down and discuss all of this with you so you may get the facts straight. Instead of listening to the city and CHDO spin on the matter.

Are any of you brave enough to to do such a thing?


So John Miller, when you are driving past some land and hear people laughing, hear the thump or crack of a softball bat, see dugouts, fences and lights on for the infield, I guess you wouldn't describe that as a "park" would you? If that's your thought, then maybe the City and CHDO should have put the houses at Anderson Park?

Wednesday, May 31, 2006

THE CITY IS "B-R-O-K-E FOLKS" FIX OUR SEWERS!

We Thank You Councilman Coffey for the courage to stand up and protect us taxpayers!

We think your resolution to rescind the pledge of Edit Funds for Scribner Place Project-is the right thing to do.

We understand your resolution is based on two thoughts:

1. WE need the Edit money to relieve the Sewer Fund financial problems and avoid a sewer rate increase on taxpayers.

2. To remove the property tax back up on Scribner Place Bonds. And keep it off our property tax bills.


Freedom Of Speech knows the bottom line is this: TAXPAYERS do we need our sewers fixed or do we need a swimming pool and a brewery on Main Street?


The bumper sticker just says it all:

Jimmy has taken New Albany to the cleaners!

Sunday, May 28, 2006

IS THIS THE FINAL NAIL IN THE MAYOR'S POLITICAL COFFIN?

Mr. Mayor,

You have signed away over $17,000,000 in our tax dollars and $400,000 a year in our Edit Funds for the next 17 years. And you have done this without the consent of the voters. We know the council voted for this expenditure but how do you or they know this was with our permission?

A few years ago the Caesars Casino was put on the ballot as a referrendum. Why was this not done with the Scribner Place pool?

Now before everybody gets into a tizzy, we just want note that the question concerned the pool not the YMCA itself. As we understand it, the YMCA will not be a burden on the taxpayers and if people are allowed to join regardless of their financial circumstances that is wonderful. But we still cannot understand why it is such a necessity to build this pool. If Ceasars wanted to donate money for a good cause that is fine. Certainly there are other causes besides a swimming pool.

You always complain about the legacy Mrs. Overton left for you, what about the legacy you are leaving your successor?

We must ask, Mr. Mayor, why did you do a complete turn around regarding the whole Scribner Place compound? As a City Council Member who said the city could not afford this but as the Mayor you were 100% behind it. You never did give the voters a valid reason for changing your mind. Well sir, you will be the one remembered for this decision. The buck stops with you, there is no one else to blame when the people move out of New Albany in greater numbers because they cannot afford to pay their property taxes.

Tuesday, May 23, 2006

HOWARD MCLEAN BALLFIELD

Those involved in the lawsuit regarding the Howard McLean Ballfield have filed an appeal with the Court of Appeals May 3, 2006.

Freedom Of Speech would like to know about the two houses that CHDO moved across the street on Linden Street and remodeled about 6 month's ago. They are for sale and have been for sale for several months.

During one of the many public meetings, John Miller said there was a list of 250 people waiting to buy these houses. If that is so, why aren't these two houses sold? Could John have been lying?

And, we noticed last week that CHDO has put "For Sale" signs on several of the "as is" houses in "Linden Meadows".

NOTHING appears to have sold, despite the alleged list of 250 people. Was the public shamed again by this administration and a park shamefully destroyed?

And how can CHDO be spending money on rehabilitating these homes, the streets being built, etc., when the matter is still in the courts and ownership of the land still in question?

Mr. Miller ~How can you ask the Sewer Board to forgive sewer tap-in fees for CHDO and ask the City Council for Tax Abatements when you are in litigation?

Could it be you have cut another deal with the Mayor?


After reviewing the March 7, 2006 Sewer Board Minutes:

COMMUNICATIONS-CITY OFFICIALS

Adam Dickey presented the Linden Meadows plat on behalf of CHDO and requested signatures from the board. He added that all legalities have been completed and John Miller was present to answer any questions.

Mr. Seabrook asked if the deadline to file an appeal had passed.

Mr. Miller replied that he thought it had.


C'mon Mr. Miller what kind of crap are you trying to pull? It makes us angry that you say the heirs and neighbors are against low income housing. That is not it at all...But Mr. Miller the real issue is PROPERTY RIGHTS, not CHDO.

It is very interesting that no one has ever question the law that was passed in 1991 which says that if people had a reversionary clause on their deed, they had 30 years to request their land back!

Freedom OF Speech is concerned that the city and CHDO are going on with the houses. CHDO won't be able to sell then due to having no clear title until this court matter is settled.

We are surprised that CHDO and Mr. Miller are taking the chance in going on with building the subdivision because if they lose, the Jensens want the houses torn down and the park rebuilt. It makes us citizens mad because they talked to the city and CHDO about ALL of this before the first house was moved...they moved the houses anyway.

It could have been a win-win situation, but the Mayor and CHDO refused to listen.


So, the bottom line is that the Appeals process has started. "Three judges from The Court of Appeals will decide the case." This process could take up to a year to get a decision.

Freedom Of Speech support the Linden Meadows heirs and neighbors for fighting for and protecting the Fawcett families wishes. We feel this is a real issue worth taking all the way to the Supreme Court!

As we stated before, we are disappointed that Roger's blog says that some Councilmen have tried to "thwart" Linden Meadows? I don't know how he can make such a statement. No one on the council has had anything to do with this.

It is the neighbors and the heirs who are fighting this.

We just love these conspiracy theories...instead of the truth...Roger!

Monday, May 22, 2006

WERE STILL WAITING, EX COUNCILMAN GOLDBERG!

Really Mr. Goldberg how hard is it to answer the following 4 questions?

Questions to Former Councilman Goldberg: (See May 7, 2006 post)

1. Are the above IC Codes and Council minutes correct for 2002?

2. Why did you, Mr. Goldberg, withdraw the Redistricting Ordiance in 2002?

3. Why didn't you, Mr. Goldberg, table the Ordinance and keep it alive for further discussion in 2002?

4. Is it not a fact that Councilman Schmidt, Councilman Coffey and Councilman Kochert did vote "YES" for Redistricting?


Remember~~ Mr. Maury you did pull that ordinance off the table and caused it to be dead in the "water".

Looks like the democrats give you no respect at all now~Do they Maury?

Sunday, May 21, 2006

DAISY LANE ACCIDENTS

Accidents reported at Council Meeting on May 18, 2006

* A 15 year old girl was hit by a car & killed as she walked on Daisy Lane in the 600 block toward Grantline Road. The car hit her and hit a utility pole in the next yard.

* A mailbox on Daisy Lane was torn down so many times that the owner replaced it in 5 feet of concrete. Within a month, a car hit the mailbox and knocked the concrete into the yard next door.

* A 21 year old young man was killed on Daisy Lane as he leaned out the passenger side of a car his friend was driving. He smashed his head on a mailbox on narrow Daisy Lane.

* Late one night, a car crashed into a utility pole at 630 E. Daisy Lane. The radiator was crushed and all 4 doors were left hanging.

* A car tried to back out at 624 E. Daisy Lane and the driver had to drive her car into a neighbor's driveway to avoid a crash with a speeding car.

* On East Daisy Lane, the owner built a brick pond and flower containers in his front yard. He also built a brick wall there for protection. In recent years, the pond, flower boxes & brick wall have been destroyed 6 or 7 times. The last wreck in this yard on Daisy Lane was March 22, 2006.

* At 630 E. Daisy Lane, a huge maple tree in the yard was hit by a car and the owner had to pay to have it removed.

The accidents listed took place on East Daisy lane.

There have been many reports of accidents and property damage on Schell Lane which is on Daisy Lane near the planned exit for Daisy Lane Developers project of 138 units for residents.

What about the Heavy Traffic and accidents on the other 2/3 of Daisy Lanes?

Oh-yes- I just remembered---The Developer's Engineer says there is "no traffic problems."

Mr. Tucker-again, we ask you what price you place on safety and lives lost?


Freedom Of Speech Mr. Tucker would like to ask you:

How can you balance those "dollars" made in the Daisy Lane Developers Project against human lives lost and injuries?

We also feel in your reporting... you have again failed to give all the facts about this project!

Mr. Tucker, where was your Tribune reporter when these facts were read at the May 18 Council meeting?

Saturday, May 20, 2006

OPEN LETTER TO TRIBUNE PUBLISHER

Mr. Tucker, do you really have all the facts?

The developer should not have bought the land without approval for the project. Has anyone even told the Daisy Lane Developers "TO LOOK BEFORE YOU LEAP"?

What traffic study did they use?

Does this traffic engineer even live in New Albany and use Daisy Lane during daytime traffic? The traffic plans the engineers used was based on Senior Citizens not driving much, and that is a complete joke!

The developers reduced the number from 162 to 138 houses or apartments. Yell Right!... When I go down Daisy Lane and try to get through--there will only be another 138 cars in my way.

Mr. Tucker-- do you even travel Daisy Lanes each day? We surely don't believe you do!

Also Mr. Fifer needs to decide which side of the table he wants to sit on. Is he working for us the taxpayers or for the Developers? Is this a Conflict of Interest? You damn right Mr. Tucker it is! Some City Council members have asked for Fifer's resignation and he evidently has refused to resign.

How many Conflicts of Interest problems on this Daisy Lane Project are there? And -- Mr. Tucker, you choose to ignore these possible Conflicts of Interest problems exist. Mrs. Crump sells for Schuler-Bauer. It was almost a joke to sit and watch Council President Gahan allow Mr. Bauer, of Schuler- Bauer to go on and on speaking to sell the Daisy Lane Project to the Council.

While asking private citizen Bernie Nolot to leave. And then turn around and make light of the whole situation. These are citizens who pay taxes and support our city. How can you make fun of them?

Is it true that the Daisy Lane Developers only requested a minimum of sewer credits so that they could avoid doing the Sewer Engineering Study for their Subdivision?

Several neighbors stood up at that Council Meeting and read long lists of auto accidents, injuries and even some fatal accidents on Daisy Lane.

Mr. Tucker, how can you turn your back on the safety issue on traffic on Daisy Lane?

Mr. Tucker-- We will try to get you a copy of that Daisy Lane accident list.
Did your reporter Eric sleep through that discussion too?


Freedom Of Speech would like to ask you 2 questions Mr. Tucker:

1. Do you honestly believe that the City of New Albany can build new projects without our sewers being fixed?

2. Was your article based on your own Personal Opinion or your Newspapers Opinion?


So Mr. Tucker where do you get off stating that the Council gives City bad Reputation.

When several Councilmen are doing their job looking out for the citizens, and knowing the severe sewer problems we do have in New Albany!

Maybe it's our opinion that you Sir are not getting or giving the correct information to us. You, Mr. Tucker, are giving your paper a bad "REPUTATION" when you don't print all the facts!

Friday, May 19, 2006

REALLOCATION OF EXISTING MONEY

Political subdivisions are authorized in certain circumstances to reallocate existing money.

1. Temporary transfer for an economic development purpose of money held for a different purpose.

Interfund Borrowing:
Pursuant to IC 36-1-8-4, a political subdivision may authorize the transfer of money to a depleted fund from another fund which has sufficient money on deposit. Any amounts transferred must be returned to the orginal fund no later than the end of the budget year in which the transfer occurs.

Borrowing Utility Funds:
A city or town may borrow existing surplus moneys from a utility owned by the city or town (which in most cases would include water and electric utilities, but no municipally owned sewage utilities) pursuant to IC 8-1.5-3-12 the loan must be used for current purposes and is payable from taxes levied and to be collected during the current and following year. The loan may not be in an amount greater than 50% of the anticipated taxes to be collected and must be repaid on or before thirty days after the last date for payment of such anticipated taxes.

Other Borrowing:
Depending on the nature of the project, other ways to obtain funds may be specifically authorized by statue. Pursuant to IC 36-7*14-24 moneys from the general fund of a county, city or town may be transferred without appropriation, or in the event no unappropriated moneys are available in the general fund, may be transferred from another fund or loaned (in the same manner as other transfers and loans are made) to a redevelopment commission to pay certain project cost incurred prior to the collection of special taxes levied. The amount of such transfer or loan may not exceed $50,000 and must be repaid by the redevelopment commission.

2. Appropriation for an economic development purpose of money orginally appropriated for a different purpose.

Additional Appropriations: Political subdivisions have the authority under IC 6-1.1-18-5 to authorize and additional appropriation, limited to avaliable revenues in excess of revenues anticipated in the orginal budget. A political subdivision may also appropriate moneys under IC 6-1.1-18-5 which have become available through the reduction of an existing appropariation. (See IC 36-4-7-8: IC 36-5-3-5) Any such additional appropriation requires a properly noticed public hearing. If the additional appropriation is made from a fund that receives distributions from the motor vehicle highway account ( IC 8-14-1-1) or property taxes, approval by the Department of Local Government Finance is required.

Thursday, May 18, 2006

THANK YOU... MR. MAYOR!

THANK YOU:

* For misleading us to get our vote
* For privatizing Sanitation
* For planning to raise my sewer bill soon
* For raising my garbage rates come Jan. 1, 2007
* For raising the Stormwater fee
* For mismanaging the taxpayers money
* For breaking up the local union
* For managing our city on Mastercard instead of "Pay as you go"
* For dividing our city
* For turning your back on the working class
* For not supporting our senior citizens

* For giving new meaning to the following words:

Leadership
Community
Credibility
Democracy
Mismanagement
Honesty
Reality
Integrity
Necessity
Incompetent
Government
Tolerance
Character
Budgets
Audits
Contracts
Accountability
Expenditures
Past due accounts
Over spending
Conflict of Interest
Double-Dippin
Equality
Facts
Numbers
Progressives



Now my property taxes have increased.

Why don't you listen to the residents?

The results of your actions are:

1. Sewage backs up in basements.
2. Streets are full of "potholes" that tear up our cars. You say you don't have money for street repair.
3. Drainage is so bad that it floods the street and my yard.
4. You take good care of the developers and the residents are ignored.
5. You pay the Building Commissioner to inspect trashy, rundown houses, and he takes no action on clean-up.
6. You continue to spend and throw the burden back on the taxpayers.


Mr. Mayor you claim you have no money to solve New Albany problems.
However-you are putting "17 million dollars" into Scribner Place while you turn your back on New Albany City problems!


You Mr. Mayor are totally out of touch with the Citizens of New Albany!


But Thank You Mr. Mayor.... cause were saving all of our "nickels and dimes" to support a Mayor with vision and someone who truly works for the people!

The buck stops here!






Wednesday, May 17, 2006

QUESTIONS FOR FORMER COUNCILMAN GOLDBERG?

REDISTRICTING OF NEW ALBANY DISTRICTS

November 4, 2002 Council Minutes:

G-02-14 Redistricting of New Albany Voting Districts Councilman Garner voted "NO."

May 18, 2006 CJ: Garner said he remembers having some concerns about a redistricting plan that was presented in 2002 but said he doesn't recall how he voted.

May 18, 2006 CJ: The mayor said that the lawsuit raises an issue "that needs to be addressed."

May 18, 2006 CJ: Garner said he had nothing to do with the lawsuit and denied meeting with the plantiffs, other than sometimes chatting in passing.


November 21, 2002 Council Minutes:

G-02-14 REDISTRICTING OF NEW ALBANY VOTING DISTRICTS

"Councilman Goldberg withdrew the bill from the table".

Indiana Code-2002

IC 36-4-6-3 (g)
The divisions under subsection (b) shall be made in 2002, and every ten years after that.

IC 36-4-6-3 (b)
The legislative body shall adopt an ordinance to divide the city into six (6) districts.

Terminology:

Withdraw: means to pull off the table and this action kills the bill.

Table: Means to postpone for further discussion at a later date.


Questions to Former Councilman Goldberg:

1. Is the above IC Codes and Council minutes correct for 2002?

2. Why did you Mr. Goldberg withdraw the Redistricting Ordinance in 2002?

3. Why didn't you Mr. Goldberg table the Ordinance and keep it alive for further discussion in 2002?

4. Is it not a fact that Councilman Schmidt, Councilman Coffey and Councilman Kochert did vote "Yes" for Redistricting?


Freedom of Speech feels that you Mr. Goldberg are the only person who can answer the following questions. Feel free to respond on your "BLOG" with your answers.

We will be more than happy to supply you with the full set of 2002 Council minutes for you to review. Freedom Of Speech will wait for your response.

You are the only person who can and will clear up these issues!

Erik
Freedom Of Speech



Tuesday, May 16, 2006

NA CONFIDENTIAL & ROGER BAYLOR LIES AGAIN!

Mr. Baylor how about telling the truth for once in your life!

These are the real facts:

1. The City of New Albany is legally bound to operate under the laws set up by Indiana Code.

2. NA Confidental article says that they want to have a citizens committee to study the city's precincts and propose a way to shuffle them and produce six reasonably equal districts.

Mr Baylor these are the Laws & facts:

The State of Indiana says in Indiana code:
IC 36-4-6-3
SEC. 3 (a) This section applies to Second Class Cities.
(b) The Legislative body shall adopt an Ordinance to divide the City into six (6) Districts.

Perhaps Mr. Baylor...Their Attorney should read the Indiana Code. It does not mention their Citizens Committee.

3. Fact: November 4, 2002 Councilman Schmidt, Councilman Kochert and Councilman Dan Coffey voted FOR G-02-14 Redistricting of New Albany Voting Districts.

4. Fact: November 21, 2002 Council Minutes
Quote: Councilman Goldberg withdrew the bill from the table."

5. Fact: November 4, 2002 Council Minutes: Councilman James Garner voted "NO" on Redistricting.

6. Your written comment: Speaking of laws, CM Schmidt's name, employment status and length of tenture unsurprisingly do not appear carved in the stone of state legal passages relevant to this topic reported. But your personal attacks against Councilman Schmidt is carved in stone on NAC.

Facts:
* Councilman Schmidt did not set up the boundaries for his 2nd District to be so big.

Facts:
* Councilman Schmidt has been saying for years that his district is about 1/2 the town and no one has listen. (Mr. Baylor if you had attended Council Meetings in 2002 you would be aware of all this information)

* The main point Mr. Baylor you can not stand and deal with: The fact is that the voters in Councilman Schmidts district went to the polls and elected him their Councilman. He was elected by the "VOTERS."

* You are jealous and mad that Councilman Schmidt beat out your buddy John Gonder.

* And all the other so called progessives got beat.
Get over it Roger & Randy!

The only outcome from this so called "Lawsuit" could have been handled by the City Council. Your so called buddy "the mayor" could have had one of his cronies introduce the Ord. to Redistrict.

So I ask you Mr. Baylor is it really going to be a real victory for you progressives?

Didn't the primary tell you folks something Roger & Randy?

Note to: Randy Smith

Mr. Smith I personally would like to see it legal for your name to be on the ballot on each of the 6th Districts for you to run for Councilman. Because no matter what district from 1-6 "You still can't WIN!"

These are the facts!





Monday, May 15, 2006

EMAIL: FROM THE OFFICE OF THE INDIANA ATTORNEY GENERAL

THE OPEN DOOR LAW

The Open Door Law of Indiana states that "... the general assembly finds and declares that this state and it's political subdivisions exist only to aid in the conduct of the business of the people of this state. It is the intent of this chapter that the official action of public agencies be conducted and taken openly, unless otherwise expressly provided by statute, in order that the people may be fully informed."
Indiana Code 5-14-1.5-1

What is "Official Action?"

"Official action" means to recieve information, deliberate, make recommendations, establish policy, make decisions, or take final action.

What is significant about Executive session?

Executive sessions are significant because the Open Door Law permits governing bodies to meet privately under certain circumstances. "Executive session" means a meeting from which the public is excluded, except that the governing body may admit those persons necessary to carry out it's purpose. Indiana Code 5-14-1.5-6.1 (b) sets out the specific matters about which a public agency can hold an executive session.

Exceptions, In order to have an executive session, the meeting must fall into one of the recognized exceptions- these are the exceptions to the general rule of openess:

These include situations such as government strategy discussions with respect to collective bargaining and litigation, interviews of prospective employees, job performance evaluation, the implementation of security systems, for discussion of the assessment, design, individual's alleged misconduct, for discussion of records classified as confidential by state or federal statue, and the purchase or lease of property by the public agency.

Example: A local public works board decides to meet in executive session to open bids for a sewer project. Unless authorized by federal or state statute, or the bids are classified as confidential by statute, the executive session would violate the Open Door Law.


In conclusion when an executive session is held, any vote on a motion, proposal, resolution or ordinance must be taken at a meeting open to the public. No secret ballots are ever permitted.



Freedom Of Speech would like to thank the staff of the Attorney General's Office for the above information.




Sunday, May 14, 2006

NEW ALBANY CITY CODE----DRAINAGE

54.01 (A) It is herby the policy of the City that all new developments constructed within the jurisdiction to the City Plan Commission shall be built consistent with the provisions set forth in the STORM WATER MASTER PLAN. New developments shall share the cost of storm drainage improvements throughout the City.

(B) .....ESTABLISH A SCHEDULE OF DRAINAGE FEES.

54.02 (B) The drainage method depicted on said plan shall be consisted with the provisions of the STORM WATER MASTER PLAN and any drainage plan approved by the City Plan Commission, or other municipal storm drainage facility approved by the City Engineer.

54.03 Fees

(A) The following drainage fees shall be collected for new developments:

(1) Single-family residence or duplex residence. $100 per unit. There shall be no charge if a new single-family residence is a replacement of previous structure having been demolished within 366 days previous to applying for a building permit or demolished in conjunction with said building permit.

(2) Commercial or industrial buildings or residential apartments buildings containing three or more units, $.08 per square foot of building and impervious areas including parking lots.

(B) The drainage fees imposed in subsection (A) above should be collected by the New Albany Sewer Utility in conjunction with any fees collected for sanitary sewer connection or other charges collected in accordance with Chapter 51 of the code.

(C) The Building Commissioner shall furnish a receipt of payment for the fees imposed and collected through subsection (A) and (B) above prior to the issuance of any building permit. (Ord. G-98-280 passed 11-19-98)

Saturday, May 13, 2006

DRAINAGE AND FLOOD CONTROL

Responsibilities? Authority? Supervision? Funding?

CURRENT DRAINAGE AND STORMWATER BOARDS

1. Plan Commission Stormwater-Drainage

New Albany Code 54.04 USE OF DRAINAGE FEES--NON-REVERTING FUND ESTABLISHED

(A) ....to fund the improvements of STORM DRAINAGE FACILITIES within the jurisdiction of the CITY PLAN COMMISSION.
(B) Controller shall place all fees collected under this chapter in a special non-reverting DRAINAGE FUND for purposes set forth in (A).
(C) The Drainage Advisory Committee shall....


Freedom Of Speech would like to ask the City Plan Commission:

*What is the drainage plans-enforcement?
* Who are the advisory committee-members?
* Where are the fees deposited?
* And in what fund?


2. NEW ALBANY FLOOD CONTROL BOARD

IC 36-9-29-2 (1) construct or install the flood control works necessary to exclude, divert, remove, reduce, or prevent flood waters caused by the overflowing of watercourses or by storm or surface waters in or about a flood control district established under this chapter

Freedom Of Speech would like to ask the New Albany Flood Control Board:

* What is your Board Salaries- Staff Salaries-Your Responsibility?


3. CITY COUNCIL DRAINAGE BOARD

New Albany City Council
Drainage Committee--9 Council Members


4. NEW STORM WATER BOARD (To Be Formed)

* How can a new board be approved without the knowledge of the actions and authority of the current drainage and flood water boards?


Freedom Of Speech would also like to know:

* Can the taxpayers afford the cost of 4 Drainage Boards?

* Why does the Mayor want us to establish and to pay a 4th Drainage Board?

* Are these current Boards doing their job now?


Freedom Of Speech is outraged to find out about all these other "paid" Drainage Boards.
We would also like to know why the Garner Adminstration won't come clean and start telling the taxpayers the truth?

And just how many "damn paychecks" do you need Mr. Mayor?

Friday, May 12, 2006

WHAT MY MOTHER TAUGHT ME...

As my first friend mother,
you introduced me to a life
enriched by your love and
warmth...

you helped in the way I feel
about the world and my
place in it today.

Your confidence in me helped
me to believe in myself, your
support and respect enabled
me to appreciate my own worth
and my many blessings.

You guided without control
and encourage without pressure
You gave your best...to bring out
the best in me.

You taught me to have compassion
and understanding for others and
how to never take anything for
granted.

You taught me to think my own
thoughts and to follow my dreams,
to be proud of my achievements
and accepting of my mistakes,
to find peace in my heart and joy in
my friends.

And no matter what to always stand
up for what I believe in...

But most of all mom you taught
me to always be true to myself and
to always have faith in God.


I LOVE YOU MOM
Happy Mother's Day







Thursday, May 11, 2006

.............NOTICE..........

The Common Council of New Albany, Indiana, will be having a work session to discuss stormwater drainage board, fuel costs and sewer utility project spending on Wednesday, May 10, 2006 at 6:00 p.m. at the City-County building, on the third floor in the Assembly Room. Should you have any questions regarding this meeting, please see the City Clerk in Room 332

Marcey Wisman
City Clerk


To Council President Jeff Gayhan & Marcey Wisman:

Did you both lose your copy of The Open Door Law? Feel free to contact Freedom Of Speech and we will be more than happy to email you the law!