Monday, August 07, 2006

STALKING...CAN IT HAPPEN TO YOU?

INDIANA STALKING LAWS

IC 35-45-10-1 "stalking" Defined.

Sec.1. As used in this chapter "stalk" means knowing or an intentional course of conduct involving repeated or continuing harrassment of another person that would cause a reasonable person to feel terrorized, frightened, intimidated, or threatened and that actually causes the victim to feel terrorized, frightened, intimidated, or threaten.


FACTS:

* 1.4 million people are stalked every year in the United States.
* 1 in 12 women will be stalked in their lifetime.
* 77% of females know their stalker.
* 87% of stalkers are men.
* 81% of women stalked by a current or former intimate partner are also physically assaulted by that partner.


THINGS YOU NEED TO KNOW ABOUT STALKING:

* 76 percent of women killed by their intimate partner were stalked by these partners before they were killed.

* The vast majority of stalking victims are ordinary people. Furthermore, most stalkers are not strangers, but are known by their victim.

* Stalking often begins during a relationship. Others begin stalking after the victim has ended the relationship, and the stalker feels desparate to maintain or regain control. Still others become fixated on a victim without ever having had any relationship with the person. All forms of stalking are unpredictable, and all should be considered dangerous.

* Although newly-developed technology enhances our lives, it can also empower stalkers. Cell phones, computers are just some of the technologies stalkers now use.


SOME THINGS STALKERS DO:

* Follow you and show up wherever you are.
* Send unwanted e-mails.
* Monitor your phone calls or computer use.
* Drive by or hang out at your home, or work.
* Threatens you, your family or friends.
* Finding out about you by using public records or on line search service, going through your garbage, or contacting friends, family, or neighbors.
* Other actions that control, track, or frightens you.


THINGS YOU CAN DO:

* You should always have a safe place to stay 24/7.
* Develop a safety plan.
* Trust your instincts. Don't downplay the danger. If you feel you are unsafe, you probably are.
* Take threats seriously. Danger generally is higher when a victim tries to leave or end the relationship.
* Keep evidence of the stalking.
* Keep all e-mails.
* Keep phone messages
* Have witness to write down what they saw.


An effective response to stalking includes, the entire community. Police, prosecutors, advocates, friends... everyone can and should play a part in stopping stalking.

Working together as a community, we can all help make victims safer
. And to protect victims rights and privacy.

Sunday, August 06, 2006

IT'S PARTY TIME! WITH DOUGIE.....

The Hon. Douglas & Michelle England & Mr. John & Lynda Wilcox

Cordially invite you to attend a Reception & Fundraiser for the Floyd County Democratic Party.

Date: Thursday, August 24, 2006
Location: 1738 State Road 111
New Albany, Indiana 47150
Reception: 5:30 p.m. until 7:00 p.m.

To RSVP, please call 944-1982


Hope to see you there Mr. Baylor. Be sure and bring your check book.

Friday, August 04, 2006

WHO PAYS AND WHO DOESN'T PAY?

There has been a lot of activity on the various blogs today regarding last night's City Council meeting.

A lot of "talk" but what did we really learn about the sewers last night? Alot... thanks to private citizen and taxpayer Valla Ann Bolovschak.

1. Apparently there are businesses which did not receive a sewer bill for several months.

2. There are approximately 430 households which did not receive a sewer bill either.

3. No one knows how many sewer bills were "forgiven".

4. No one knows why liens were not filed against homeowners who were seriously delinquent on their sewer bills.

* There is a light at the end of this tunnel because other bonds will be paid off next year, freeing up over $1,000,000 per year.

* Additionally we have more money in EDIT funds than we originally thought.

We here at Freedom of Speech do not claim to have the answers. We still have the same old problem of lack of communication between the Administration, taxpayers and the City Council. Even the Councilmen who sit on the Sewer Board did not have additional information.

More meetings are scheduled for the next two consecutive Wednesdays. What will happen? Who knows? All we can say is fasten your seatbelts, it's going to be a very bumpy ride.

By the way Mr. Mayor it would really help us taxpayers out if you put all the money back you borrowed from the sewer department. And yes we heard what you said "it's not your fault" and the Garner blame game continues.

Tuesday, August 01, 2006

HOW WILL THEY VOTE?

Will our City Council members allow Mayor Garner to bankrupt our City? Or will our Council members take the prudent action and support the taxpayers? Will certain Council members have their city jobs threatened if they do not vote the way the Mayor wants?

Will our Council members keep their campaign Promises they made, unlike Mayor Garner? Will Councilman Kochert and Councilman Seabrook be pressured by the Mayor, knowing possibly hundreds of thousands of dollars have been borrowed from the Sewer Utility and not paid back?

Will the Council give in and be pressured to vote yes on the first reading? So Mr. Fifer can go before the state revolving loan board and tell them that this was a good faith vote?

Why does it seem the only solution is to borrow money? Why can't this administration come up with better answers than keep going into debt? Our problems need to be fixed. Where is the ACCOUNTABILITY? This has been going on long enough and needs to be fixed NOW!

Candidate Garner promised to put an end to "politics as usual". Did he again forget his promise? But then he has not kept his other promises either, so why should we think he will keep any now? Jimmy refuses to COMPROMISE, he refuses to tell the taxpayers the TRUTH. Everything is a "do or die" situation. Why are we paying advisors if they don't give us options.

As a matter of fact, what good has Jimmy brought to the table.

What does he have to hide? And what does he have to gain?

The taxpayers are being raped by this administration. Don't the Council members have the guts or courage to stand up to "Jimmy" and say NO, we are not going to be bullied any more? We are going to find a solution without further burdening the taxpayers.

What part of the word "broke" does Mayor Garner not understand? All he can think of is spend and borrow, spend and borrow. And never worry about paying it back. Maybe he wants to leave that little problem to his successor.

Will Councilman Seabrook be willing to sacrifice his bid for the Commissioners' spot?

Will Councilman Messer continue to have a spend money to make money attitude?

Will President Gahan show his true colors to the Mayor, being the coward that he is?

Will Councilman Blevins even show up during a time of crisis vote?

We know how Council member Crump will support whatever the Mayor wants, this is shown in her voting record.

Why should the taxpayers of New Albany continue to pay for the mistakes of this Administration? We are tired of the 11th hour demands for action by the Mayor. He knows these situations do exist but waits until the very last minute to strong arm our Council Members. His decisions champion his own agenda. Why should we expect him to do the right thing now?

The taxpayers of New Albany deserve facts and not excuses. We deserve the truth and no more lies. We want solutions to our Sewer Utility problems NOW!

Again Jimmy & Fifer have taken away our options.

We are sick and tired of being told "It's only a few more dollars a month". The real issue is that we have already spent 44 million dollars and the Sewer Utility is still not fixed.

All we get from this Administration is promises made and promises broken.

The participants of Freedom of Speech feel that Mayor James Garner is not COMPETENT to run our City and handle our finances, nor look out for the best interest of the taxpayers, and he should RESIGN!

Sunday, July 30, 2006

HOW TO SPEND 12.9 MILLION DOLLARS...EASY... WHEN IT'S NOT YOUR MONEY!

Natatorium/Surface Parking and Site Improvement

Estimated Project Costs

Construction Costs:
Construction Bids (55% City Share).........$9,752,270


Non-construction Costs:
Construction management.......................$300,000
Construction contingency.........................$487,600
Architectual fees & reimbursables............$760,872
Sub-total ................................................$1,548,472

Bond Issuance Cost:
Under writing fees-1.25% .....................$154,688
Issuance costs & contingency ...............$375,000
Sub-total .............................................$529,688

Interest:
Capitalized interest through
and including 2/1/2008 .....................$1,005,211
Less estimated interest
earnings at an assumed
rate of 3.0% ......................................($141,000)
Sub-total ...........................................$865,211

Project Contingencies ........................$228,360

Total Project Cost .............................$12,924,000

Project Funding
Proposed Lease Rental
Revenue Bonds ..............................$12,375,000
City and County funding (1) ...........$549,000
Total project funding .....................$12,924,000

(1) Includes $275,000 from City of New Albany and $274,000 from Floyd County.

H.J.Umbaugh & Associates dated June 6, 2006

----

Memorandum

New Albany Redevelopment Commission
Subject: Request for Public Records

There was not a feasibility study done on phase I of Scribner Place. However, there will be one done in phase II that will be available to you at a later date.

If you have any questions or need any additional information, please contact me.

Thanks


Freedom Of Speech would like to say:

To many questions and not enough answers pertaining to The Scribner Place Project. If they build it "will they come?" Is this New Albany's so called "Field of Dreams" and save all project? Or did the YMCA just mislead everyone on this project?

Saturday, July 29, 2006

SEWER CONTRACTOR RESPONDS TO CRITICISM...

Resident claims she sees evidence of misspending.

Absolutely Priceless!

Friday, July 28, 2006

SAVE OUR STREET DEPARTMENT

It has come to our attention that the Street Department Employees plan a protest march around the City-County Building at the end of August. The employees are afraid that their department will be privatized just like the Sanitation Department was.

Freedom of Speech supports the Street Department employees just as we did the Sanitation Workers.

Mr. Blevins has told the City Council and the other observers several times about the chaos in the Street Department. He said the truck drivers are forced to follow the Sanitation trucks and pick up after them. This is because the Sanitation workers will not pick up a container if there is any trace of tree limbs or other yard waste. Additionally they are frequently called to different areas of town to address a complaint by a citizen.

Freedom of Speech wonders if this is a deliberate attempt by the Administration to sabotage the Street Department's efforts to do an effective job. Since the Street Department's budget is nearly $700,00 in debt it certainly makes one wonder.

And believe us when we say the City knows all about a "sabotage" cover-up!

Citizens of New Albany, don't let the Street Department be privatized also. Flood the Mayor's office and your City Council Member with letters, email, and phone calls. This Administration must be shown that the people are behind these loyal workers.

Thursday, July 27, 2006

WATER PIPES - IS YOUR STREET NEXT?

According to the Tribune a 16 inch water pipe burst under the railroad tracks at 15th and Elm Sts. 7/29.

We here at Freedom of Speech think this is just the beginning of the problems New Albany residents are going to have all over the city. This Administration has been warned many times about the condition of our sewer system. Now the water pipes are bursting.

Even though Mr. Fifer blamed this accident on the railroad traffic in this area we cannot feel that we are only seeing the tip of the iceburg.

Wake up Mr. Mayor. The sewer system problems will not go away on their own. Now that the budget discussions have taken place, this is the time to consider where our tax dollars need to be spent. We need our water and sewer lines repaired before the whole city of New Albany is flooded.

Then who will you blame Mr. Mayor?

Wednesday, July 26, 2006

2007 SALARIES & DEPARTMENT INCREASES

GARNER'S 2007 BUDGET

Mayor's Office- 6% Increase

Controller Office - 3% Increase

City Clerk - 5% Increase

City Council - 4% Increase

City Attorney - 3% Increase

Board of Works - 4% Increase

Board of Works (total operations cost)- 16% Increase

Animal Shelter - 3% Increase

Planning Comm. - 3% Increase

Building Comm. - 3% Increase

Police Dept. - 11% Increase

Police Dept. (total operations cost)- 16% Increase

Fire Department - 27% Increase

Fire Dept. (total operations cost) - 41% Increase

Communications - 30% Increase

General Fund - 27% Increase



2007 CITY BUDGET - $19,731,203.00

2006 CITY BUDGET - $15,484,460.00


After looking over 90+ Pages of the 2007 Budget. We felt the Taxpayers of New Albany might want to know where our tax-dollars is being spent.
And what cuts were made. Did we really say Budget cuts?

Some real hard facts: 81 % of our Budget goes to the New Albany Police & Fire Department.

Wait...Some more real hard facts: We thought you taxpayers might be interested in hearing about additional "stormwater fees."

We are paying a new Stormwater Fee on our Indiana Water Bill. And then after checking out the new 2007 Budget We are also paying a 2nd time. Out of our tax-dollars for additional Stormwater fees: Let's follow the bouncing ball...

Real Hard Facts:

Page 20 - Fairview Cementary -
Account # 4355 Stormwater Fee - $5,000.00

Page 9-10 Animal Control -
Account # 4355 Stormwater Fee - $1,000.00

Page 18 Fire Dept. -
Account 4355 Stormwater Fee - $5,000.00

Page 24 Street Dept. -
Account 4355 Stormwater Fee - $500.00

Stormwater Extra Fees $11,500.00

Real Hard Facts:

Fund 01001 - Building Commission
2006 Budget $0.00- 2007 Budget-$0.00 for demolision of buildings.

Real Hard Facts: - Fund 02021 Crimes Against Children
2006 Budget $34,210.00
2007 Budget $10,000.00

Shame on you, Mayor Garner for cutting the Funds for Crimes Against Children!


Freedom of Speech would like to say after reviewing over 90 pages of the 2007 budget and two days of sitting through budget hearings and seeing some council members that don't even bother to show up, all we continued to hear is we have cut all we plan to cut.

Based on the percentages there are no cuts from a taxpayers point of view.

Mayor Garner you are so out of touch.

We want to thank Councilman Bill Schmidt and Councilman Steve Price, it was very apparent that they have been doing their homework by the questions they asked. They want to come up with solutions to save the taxpayers from having a sewer increase.

Garner, no compromise, no cuts and raising the sewer bill. He has no plan or solution.

The Taxpayers of NA feel if you are not part of the solution then you "Jimmy" are the problem.

The citizens of NA deserve better
.

Tuesday, July 25, 2006

FACTUAL & LEGAL CAUSES OF ACTION

Welcome, to the facts that are hidden beneath deception, to the unobstructed truth about the pressing issues facing our city.

This is to rebut the presumption that the current administration is working for the best interest of our community.

This is to express dissent.

Members of Citizens 4 Accountability (C4A) feel the public was misled, was not given a voice in numerous processes we deemed flawed, while continuing to observe this administration’s elected and appointed officials act in their self-interest, rather than in the best interest of the community.


Part 1. SCRIBNER PLACE PROJECT

INTERESTING FACTS TO KNOW

₤ Lease-rental agreement bypasses the 2% constitutional debt limitation

₤ Remonstrance procedure does not have to be followed

 The only exception: lease-rental payments made from funds other than property taxes but pledges property taxes if these funds are insufficient

₤ Lease agreement Council approved was incomplete

₤ Lease-rental payments do not begin until 2009

₤ Lease begins on the date on which the Project is complete and ready for use

 Since technically the lease is not in effect, it’s not too late for the Council to rethink the most appropriate use of EDIT monies. Hint ** for the sewers **

₤ Council approved the execution of lease agreement one month prior to the Redevelopment Commission

₤ 2004 and 2005 each $1 million dollar installment from Caesars was paid to YMCA, not the city

₤ Term of the lease is based on the value of the project

₤ Expected economic life of the project is at least 20 years


QUESTIONS TO PONDER …

₤ Is there a Mandatory petition signed by 50 taxpayers stating need for Scribner exists?

₤ Is there written approval from State for the bonds?

₤ Was there really a feasibility study done? (Where is it?)

₤ Is there really a Capital Improvement Plan? (Where is it?)

₤ How can the council approve something that states the Redevelopment has already approved it?

₤ Will the city council rethink the appropriations of EDIT monies?

₤ Petition for Redress of Grievance?

₤ Misfeasance example … Council was not informed of the consequences of their approval. The facts were not forthcoming, therefore given the pressure the council felt by the Mayor to approve the fiscal plan outlining the use of property tax backup.

₤ How can a value be a term?

₤ Is there any written documentation supporting anything in the lease agreement, particularly anything that states that it is necessary and in the best interest of the citizens? (Where is it?)


CITIZENS4ACCOUNTABILITY A COGNITIVE CONTENT

₤ Mayor fraudulently enticed the council to approve the Scribner Project

₤ Mayor contributes to an atmosphere of lawlessness

₤ Mayor has failed to demonstrate legal compliance and suffers from lack of accountability in many areas of government representation

₤ Mayor blindly ignored concerns expressed by numerous citizens on moving forward with the Project using property tax backup. We feel as taxpaying citizens our rights were violated when we were not informed that remonstrance rights were taken away

₤ Is the technicality in the lease our loophole for salvation?


Questions or comments may be directed to citizens4accountability@yahoo.com


Freedom Of Speech senses there is a lawsuit in the making!

Sunday, July 23, 2006

ABSOLUTELY PRICELESS...



"TRUER WORDS WERE NEVER SPOKEN"

PROMISES MADE...PROMISES BROKEN...!


Freedom Of Speech would like to say:

Mayor Garner has always refused to take any responsibility for anything that goes wrong on his watch as "mayor" of New Albany. He has largely looked for someone else to blame each time.

Mayor Garner has taken finger-pointing to a new level in local government.

You Sir, have totally forgotten a fundamental right made by our Constitution. It is the promise that everyone will be treated equally.

It's time to go back to a common sense Government. It's called: We the people, By the people and For the people.

The taxpayers of New Albany deserve nothing less.


524 days and counting

Thursday, July 20, 2006

FROM THE DESK OF POLICE CHIEF HARL

FROM: Chief of Police, M.A. Harl
REF: Purchasing New Vehicles


I have requested once again to purchase five police cruisers. As you may or may not know, our fleet is quickly becoming antiquated.

We currently have one 1994 Caprice, which has been issued to the Ordinance Officer. This vehicle has over 200,000 miles, and will soon fall apart.
We have four 1995 ford's with over 130,000, and we have four 1996 ford's that have over 150,000 miles.

These vehicles, because of their age, and mileage, require high maintenance, and it is costing more and more to keep these vehicles on the street.

Safety is of the up most importance, and we should do everything possible to make sure the officers are operating equipment that will not get them or someone else hurt.

Anytime an officer is dispatched on a run, especially on a run requiring a quick response, it is important that the officers arrives, and arrives safely, lives depend on it, and with some of our older vehicles it is becoming less likely that the officer will arrive. These vehicles are breaking down almost everyday.

If we cannot replace these vehicles soon there may be a public safety issue. To some degree, I believe we have an issue,(NOW).

Any time an officer is called upon to respond quickly, or if the officer must operate the vehicles at a high rate of speed, the officer is in danger, as well as the public. This danger is a direct result of the high mileage, and age of the vehicle, and the fact that we have not been allowed to purchase new vehicles for two years. Knowing that these vehicles need replaced, and the failure to do so will likely result in a lawsuit.

Because of the reasons stated, I am requesting the City Council to purchase the five vehicles. We need to make sure that this does not occur, and we need to make sure we avoid any lawsuits resulting form an accident caused by an unsafe vehicle.

note; I was allowed to purchase two vehicles that we had grants for, however, because it took so long to get cleared to make the purchase, we can no longer get the 2006 vehicles. We will have to wait until the 2007 vehicles are on the market.


Sincerely,
Chief M.A. Harl



Footnote: This information was obtained thru I.C. 5-14-3-1


Freedom Of Speech would like to ask Chief Harl:

1. What is New Albany's policy on high speed chases?
2. Are you trying to convince us taxpayers that our local Chevy Dealer would not sell you 2006 Lumina cars?


Freedom Of Speech not only supports the New Albany Police Dept, but we also support the N.A. Fire Dept. as well.
But...Chief Harl where we have a problem was back in 2004. The take home car issue was brought to yours and Mayor Garners attention. (And of course nothing was resolved.)
We feel that if you don't live in New Albany you should not get a take home car.
If your department had kept a log maybe last year you would have noticed about all the wear and tear and mileage on these vehicles. We checked out a financial statement earlier this year and we noticed 60 tires were purchased. I'll bet if you would check the cars that leave the city those are the ones who has the higher mileage.

The city is in a financial crisis and we feel if the police department is not willing to compromise then they should park the police cars at the parking garage.

We do not feel you nor any elected official should try to use fear tatics to intimidate taxpayers. No one ever wants to see an officer shot or injuried.

Is the Mayor willing to give up the 6% raise which he is requesting to help pay for your new police cars?

Wednesday, July 19, 2006

WELCOME TO THE MAYOR'S NEWSPAPER..

After attending Thursday's City Council Meeting and reading the articles in the Tribune it seems to this writer that there must have been two different meetings. Yes the Tribune reported the requests of the 911 operators for a 10% salary increase and Councilman Blevins' plea to help shore up the Street Department's finances and even the discussion and vote on the Trinity Plaza medical building. But what was missing from these reports?

Ms. Valla Ann Bolovschak reported on her recent tour of the sewage plant. First of all she pointed out how wrong it is that we are exporting our money to EMC in St. Louis, and that New Albany should be in the business of managing their own sewer plant. She talked with some of the employees and had some very interesting information on how this operation is ran. The only mention in the Tribune was a sentence or two about how EMC is paid $3,600,000 a year to "babysit" the plant. But she additionally brought to light many instances of wasteful spending, for an example a truck for which we paid over $100,000 TWICE to the continuous steak dinners, $4800 for 2 Golf Carts, $4900 for landscaping, A lift to paint the basement which was rented at $800.00 a day and was never used, bonus checks for employees, $16,000 Security System, Ghost employment and pizza parties.

Like Valla Ann stated it's what we "don't know" that should really concern the taxpayers. She even questioned the City having over 30 checking accounts and the Mayor's first personal vehicle being purchased by the Sewer Utility.
And the current vehicle which was bought out of the Fire Dept. Fund. None of this was mentioned in the newspaper.

In all fairness, Mayor Garner and Mrs. Garry did rebut Ms. Bolovschak's statements but this was not reported either. So does James and Kay actually think were going to buy their so called spin on things?

Due to this adminstration's lack in collecting pass due sewer bills we have lost over $1,000,000 dollars. How can anyone justify a sewer rate increase given this incredible waste and mismanagement of taxpayers money?

We sure hope Mayor Garner can find his $750.00 Dorengo Suv "floor mats" that's missing!

When newspapers report a story they should give a fair and balanced report of the story. They should not print just part and put their own personal spin on an article. This is what the editorial section is for. Even certain Council Members are portrayed in a different light in articles. This is totally infair and unbalanced. No wonder the Tribune is losing readership. People can read the various blogs and make up their own minds.

We are in no way trying to say that the blogs are impartial or non partisan. That is not their job. But people can read as many blogs as they want, gather the information and form their own opinions. And we think every taxpayer should know the ugly truth about this Adminstration.

We want a newspaper, not a "spin machine" for the Mayor.

Monday, July 17, 2006

NO SPIN ZONE...HOW ABOUT THE TRUTH JIMMY & TONY!

Tribune article July 19, 2006


Tony Toran, Director of City Operations said: "Residents are being "irresponsible" with the amount and types of garbage they set out."

And Toran went on to say: Southern Indiana Waste Systems-which runs the privatized sanitation department-accepts one can, four bags and one large item per household per run.

Mr.Toran Director of City Operation. Your statement is a bare face lie.
Under the "Agreement for Collection of Residential Solid Waste and Recyclables in the City of New Albany, Indiana it states:


2.0 CONTRACTORS RESPONSIBILITIES

2.01 Contractor shall collect Residential Solid Waste, placed in Residential Carts or in cans weighting not more than forty (40) pounds or in tied plastic bags, and brought to the curb by Residents, once per week.

Question: Where does it say anywhere in the contract: One can, four bags and one large item per household per run? We demand a retraction on this statement.


And we understand you have loaned out to the Southern Indiana Waste Systems two of our packer trucks? The contract states:

2.07 The Contractor shall provide and maintain all equipment necessary for the collection of Residential Solid Waste and Residential Recycling. Collection vehicles shall have fully enclosed bodies with self-contained mechanisms to contain the material collected. All vehicles shall be well maintained and in good condition.



Question: Why should the City Council approve the purchase of a new $102,400 garbage truck? Talk about being irresponsible!


3.0 CITY RESPONSIBILITIES

3.01 The City shall provide each Resident with a Residential Cart and a Recycling Bin and shall repair or replace Residential Carts and Recycling Bins as necessary.

Question: Why is the city not replacing the broken lids?

Question: Mr. Mayor, why has Atty. Gibson has not been keeping any of his appointments with Pam Badger? Are You trying to set her up to take the fall?


Freedom Of Speech suggests that Mr. Toran re-read the contract he signed on December 30, 2005.

How sad that the Mayor and Director of City Operations are blaming the citizens of New Albany for their mistakes. The citizens pay for garbage pickup and the costs are rising and the level of service keeps getting worse.

Shame on both of you!


The next privatization will certainly be the Street Department considering the pathetic financial record it has had in the last 2 1/2 years:

2004..........$179,000 deficit

2005..........$463,000 deficit

2006..........$700,000 projected deficit

Maybe we should privatize the Mayor's office!

Sunday, July 16, 2006

CAESARS RIVERBOAT CASINO FOUNDATION OF FLOYD COUNTY, INC. GRANT AWARD AGREEMENT

GRANTEES: New Albany Redevelopment Commission (Commission")

and YMCA of Southern Indiana Inc.("YMCA")
(both collectectively "the Grantees")

GRANT NUMBER: 0301-01

GRANT AWARD AMOUNT: $20,000,000

DATE: January 15,2003

This Grant Agreement dated the 15th day of January,2003, by and between Caesars Riverboat Casino Foundation of Floyd County, Inc. (the Grantor") and the New Albany Redevelopment Commission ("Commission") and the YMCA of Southern Indiana, Inc. (the "YMCA"), AN Indiana not-for-profit corporation (collectively "the Grantees"), memorializes the terms and conditions of a grant award in support of the intention of the Commission and YMCA to acquire land and build a downtown New Albany complex in support of youth programs benfiting the City of New Albany, Floyd County, and South Central Indiana.

WHEREAS, the Grantor is specifically relying upon the Grantees' Grant Application, supporting documents, and testimony in making this grant to the Grantees; and

WHEREAS, the grant is awarded pursuant to the Grantees' Application, supporting documents, and testimony, which are all attached hereto and made a part of this Grant Agreement by reference, and form a basis for this award;

NEW, THEREFORE, in consideration of this grant award by the Grantor, the Grantees agree to use these funds in accordance with the Grantor's exempt organization purposes, and to comply with all the terms and conditions of the Grantor's Guidelines for it's grantmaking and related Policies.

1. Purpose Amount and Term:

Grantor pledges to contribute $1,000,000 a year for 20 years, totallying $20,000,000; the first payment will be paid upon the signing of this document, and an annual installment will be payable over the next 19 years due on January 15, with the final installment due and payable on January 15,2022. The annual installments shall be paid directly to the Commission, except in years 2 and 3, when the installment shall be paid to the YMCA. the parties acknowledge that the installments paid to the YMCA in years 2 and 3 shall be deemed to satisfy the Grantors' commitment for payment of installments in 2004 and 2005. It is the Grantor's intention that this grant enhance public health and welfare within the City of New Albany, Floyd County, and South Central Indiana by dedicating funds during the term of

Saturday, July 15, 2006

CAESARS GRANT AWARD AGREEMENT

this Agreement to assist the Commission and the YMCA in acquiring land and building a downtown complex, which will include the YMCA project.

2. Requirement of Grantor: The parties acknowledge that the grant is given under the following terms and conditions.

(a) Public Acknowledgement:

All public acknowledgement of this grant using either Grantee's regular procedure which may include, but is not limited to, news releases, announcements, and the issuance of appropriate certificates, plaques, or markers, shall be first submitted to Grantor for pre-approval, which approval shall not be unreasonably withheld by Grantor.

(b) Right of Inspection:

The parties acknowledge that the Grantor, or its designated agent which may include it's external auditors, may inspect, upon reasonable notice, the Grantees' premiscs,facilities, or the project site where the funds are utilized, along with the records of receipts and expenditures involving the grant award. The Grantee shall make all related records available to the Grantor upon request at all reasonable times.

(c) Reporting:

The parties agree that the Commission will provide a quarterly written status report to Grantor about the projects progress, and will also provide a completed final grant report in a form to be provided by Grantor, within 60 days after completion of the project.

(d) Intended Use:

The parties agree that the funds distributed under the terms of this agreement must be used in support of the project described above in paragraph (1) If the Grantee fail to complete the project, Grantor is relieved of any future obligation to fulfill its commitment to pay any unpaid installments that remain at the time the project is abandoned.
"However, if the project is completed by entities other than the Commission of the YMCA," then Grantor, at its option, may elect to transfer its obligation to fulfill the balance of payments due Grantor, at it's option, may elect to transfer its obligation to fulfill the balance of payments due under this grant award to the entity that assumes responsibility for completion of the project.

3. Requirements of Grantees:

(a) Pledge:

Grantor acknowledges that sufficient unrestricted funds shall be set aside in support of this project and designated as restricted on its books for the balance of the 20-year term or until all payment obligations under this Agreement have been satisfied in full. The Grantor may at its option designate a third party depository to hold these funds in escrow for their purpose; however, the failure to establish a seperate escrow arrangement is not intended to relieve the Grantor of its obligation to satisfy this grant. The Grantor intends to provide sufficient security so that the Grabtee satisfy any requirements from outside commercial lenders, if additional funds are borrowed to build the project, or if additional funds are obtained lenders, if additional funds are borrowed to build the project, or if additional funds are obtained through the issuance of taxable or tax exempt bonds. Grantor will use its best efforts to assist the Commission with those processes, or the assignment of this Agreement, if requested to do so.

(b) Assignment:

The parties acknowledge that the Commission may assign some or all of its rights to receive the installments under this Agreement to another related entity such as the New Albany Redevelopment Authority, without altering any of the terms and conditions of this agreement.

Friday, July 14, 2006

CAESARS GRANT AWARD AGREEMENT

4. Representations: All parties executing this Agreement represents through their designated officers that the officer has the authority to do so on behalf of the organization represented by it's signature.

In consideration of the foregoing terms and conditions, all parties hereto have excuted this Agreement on the actual dates indicted below, but intended to be effective January 15, 2003.

GRANTOR:
CAESARS FOUNDATION OF FLOYD COUNTY, INC.
John E. Reisert
President

GRANTEE:
NEW ALBANY REDEVELOPMENT COMMISSION
Jeff Byrne
President

GRANTEE:
YMCA OF SOUTHERN INDIANA, INC.
Jeffrey T. Cash



Report of H.J. Umbaugh & Associates

R-02-34 Scribner Place Project-Edit Disbursement

2003- $400,000
2004- $400,000
2005- $400,000
2006- $400,000
2007- $700,000
2008- $700,000
2009- $700,000

Thursday, July 13, 2006

MEETINGS...MEETINGS... AND MORE MEETINGS!

Lately there has been a lot of talk about forums and meetings. There is a forum scheduled for August 9 and talk of a meeting of Study Circles. This is all well and good but are we having too many meetings?

We need to put our knowlege to work and do something! It gets to the point where we can have meetings all day long and still not accomplish anything. We could end up like "professional students" and attend college for 10 years and never earn a degree.

Just this week one of our neighborhood watch groups enabled the police department to make several arrests for drugs. Becky Roy has just started the West End Neighborhood Watch Group and if we are not mistaken has had only 2 meetings. This, friends is progress.

Freedom of Speech would like to thank all of our readers and supporters for all of the great emails and letters of support and thanks. Unfortunatly time does not permit us to respond to every one but your support is greatly appreciated.

We also want to thank Valla Ann Bolovschak for her outstanding article entitled "Little Money Tree". We had an out pouring of emails supporting her position.

Great job Valla Ann!

Wednesday, July 12, 2006

EXPLAIN VS BLAME...

ORDINANCE ENFORCEMENT OFFICER

The position of an Ordinance Enforcement Officer is established as a full time employee to perform Code Enforcement of the ordinances in the City of New Albany. This position will report to the City Attorney.

150.131 DUTIES AND RESPONSIBILITIES

(A) Duties and Responsibilities of Ordinances Enforcement Officer to inspect and cite violations of an ordinance in effect for the City of New Albany including, but not, limited to the following:

(1) Environmental violations, such as:
-uncollected trash and and garbage,litter and debris
-fallen trees, stumps,dead trees and cut brush
(2) Demolities remains
(3) Appliances or furniture in yard or sidewalk
(4) Auto parts and scrap metal
(5) Grass and yards which violate city ordinance
(6) Portable signs
(7) Abandoned vehicles as defined by City Ordinance and IC Code
(8) Yard parking and illegal parking as per City Ordinance
(9) Other City Ordinances pertaining to cleanliness of property

Looks like to us Pam Badger is doing her job.

INSPECTOR: An employee of the Street Commissioner or any other city governmental department so designated by the Mayor, having the power to endorce the provisions of this subchapter by issuing city ordinance violation summonses.


Freedom Of Speech would like to say:

Naturally, certain Council critics want to make this into a major issue in the upcoming 2007 primary. But the reality is more complex than the "Council Blamers" will admit.

It's too easy to blame certain Councilman when the bottom line is Garner has mismanaged our tax dollars. Jimmy continues to play the "blame game" with us citizens.

We're a glorified grass-cutting, fridge. & furniture on the porch, broken down cars and a Slumlord Town.

Until we have an administration who will do something about this problem, things will not change. It is a no-win situation at this point. There's a lot of apathy on the Council. They rubber-stamp everything Jimmy's administration wants.

If our mayor would stop blowing tax dollars on his "feel good projects" just maybe we could get our town cleaned up.

Maybe we can add a few weed wackers and a new truck into our 2007 budget.

What does it take to make you all understand the City of New Albany is broke!

What we don't understand is why a certain group of citizens can be outraged over things pertaining to cleanliness of property. But not outraged about 44 million dollars spent on a sewer system that doesn't work! You figure that one out.

Freedom Of Speech hopes you enjoy your 15 minutes of fame.

Monday, July 10, 2006

CLEANLINESS OF PREMISES

The Council approved the G-04-23 "Cleanliness Of Premises Ordinance" on May 20, 2004. In order to clean up our city.

150.101 CLEANLINESS OF PREMISES

AN ORDINANCE AUTHORIZING THE CITY TO REMOVE DEBRIS, TRASH, GARBAGE, RUBBISH, LITTER, REFUSE, JUNK, TIRES AND ABANDONED VEHICLES.

150.101 (C)
MUNICIPAL DEPARTMENT RESPONSIBLE FOR ADMINSTRATION

Unless specifically stated elsewhere in this chapter, the BUILDING COMMISSIONER shall be responsible for the administration of actions taken under this chapter including, but, not limited to, the issuance of notices to the landowners and other persons, the issuance of certificates of cost to the County Auditor, and the adminstration of the appeals procedure.

150.101 (E)
INSPECTION AND NOTICE OF VIOLATIONS

The BUILDING COMMISSIONER is entitled to enter upon the premises of any real property within the City to determine compliance with this chapter.
If the BUILDING COMMISSIONER determines there is a violation of this ordinance, he shall send, by certified, a written notice to the owner.

150.101 (F)
FAILURE TO REMOVE AND NOTICE OF ABATEMENT

If landowner fails to remove the material and vehicles within the time prescribed, the BUILDING COMMISSIONER shall cause the City or its agent to remove and dispose the material and vehicles as allowed under I.C. 36-1-6-2

Freedom Of Speech again would like to know:

* Why is the "Building Commissioner" not following the law?

* Why is the "Building Commissioner" not doing the job the citizens of New Albany are paying him to do?

And you Sir, Mr. Hartman are being paid $40,905 as Interim Building Commissioner.

* Don't you think it's about time Mr. Hartman for you to start earning your paycheck?

And rumor is when Mr. Hartman is Certified, the mayor will appoint him Building Commisioner. Mr. Mayor, this position is to important, it should be held by a Certified Building Commissioner now...

You state Mr. Mayor that the problems are many and your frustrated!

And that the garbage truck routes are poorly designed and some drivers don't adhere to them. And that the Street Department needs a second truck for picking up branches and yard waste.


So get off your ass as Mayor and do your job and buy us a new truck! You always seem to have money for everything else you want to buy.

And to Greg Roberts: Why does all the attention for clean-up go to the East End? What about the West End and the rest of the City? Do you only think about yourself?

Where does the accountability of these problems start and end?
We say the Building Commissioner and the Mayors office!

Remember your campaign slogan Jimmy: "The buck stops here."



What a joke
...

Saturday, July 08, 2006

CITY COUNCIL "REDISTRICTING LAWSUIT."

List of 20 Plaintiffs who filed the lawsuit May 16, 2006:

1. Peter A. Vogt
2. Diana Baylor
3. Roger A. Baylor
4. Jeff Gillenwater
5. Ruth Anne Wolfe
6. John Gonder
7. Mildred Gonder
8. Rick Carmickle
9. Randy Smith
10. Greg Roberts
11. Greg Phipps
12. Mark Sanders
13. Ted Fulmore
14. Jim Sprigler
15. Tabitha Sprigler
16. Lloyd Wimp
17. Nora Egan
18. Valeria Munford
19. L.E.Williams Jr.
20. Dan Connor Jr.

VS-Defendants:

Civil City of New Albany,The City Council.


COMPLAINT

Come now the Plaintiffs, named above, by their counsel, and for their complaint against the Defendants, named above, respectfully allege as follows:

1. The Plaintiffs are lawful permanent residents of the City of New Albany, Indiana and are registered voters thereof.


Freedom Of Speech has several unanswered questions:

1. Did President Jeff Gahan or Council Attorney Ulrich even check with Voters Registeration to see if these 20 people were "legally registered voters" on the day the suit was filed?

2. Did President Jeff Gahan & Council Atty. Ulrich discuss their action to request dismissal of the case with the other Council Members?

3. Is it not customary to file a "Letter of Intent" before filing a lawsuit in Federal Court?

After visiting the "voters registration office" a couple days after the suit was filed. This was the information obtained on the following 3 questioned names:

1. Dan Connor Jr. (unknown)
2. Jeff Gillenwater (cancelled voters registration)
3. L.E. Williams Jr. (unknown)

Isn't that strange...

Guess someone forgot to Register to Vote? Or the Voters Registration Office has made an error.

We all understand how those "crazy computers" are in the City County Building!

There seems to be more questions than answers.

Thursday, July 06, 2006

AGAIN ROGER, WE AGREE...NOTHING HAS REALLY CHANGED SINCE 2005

"City Hall's $69,000 question: Does Kevlar protect the wearer from self-inflicted wounds?

Loyal NA Confidential readers will recall my brief conversation with New Albany City Attorney Shane Gibson, who laughed off my question as to the future of civil liberties in New Albany given the city’s efforts to prevent New Albany DVD (adult video) from opening for business on West Main Street.

In the wake of yesterday’s ruling by a U.S. District Judge that the city “erred in attempting to regulate New Albany DVD through a zoning ordinance that is too broad,” it emerges that we have spent $69,000 to date in the struggle to keep New Albany morally clean.I repeat: $69,000.

At the same time, Mayor James Garner’s pathological obstructionism has exacerbated a yearlong territorial pissing match with the City Council, resulting in a pocket veto of the council’s efforts to enact an ordinance enforcement position.

Among the reasons cited by the Mayor for his stubbornness on the ordinance enforcement debate (beyond the obvious – that it wasn’t his idea) is his insistence that the part-time attorney Gibson will have too little time to handle the flood of complaints that will ensue when at long last city residents are forced at the point of financial loss to observe ordinances that have been on the books for years, and that would make the city far cleaner in the physical sense, perhaps leading in part to a rejuvenation that would make concerns about adult DVDs superfluous.

Which begs the question: Who is dirtier - an adult bookstore customer, the owner of a junked automobile on the street, or a supporter of the Mayor who owns a building downtown but won't use it in a way compatible with the public good?

But I digress. To repeat: $69,000 to wage war against civil liberties.

On the evening of January 5, an entire City Council meeting passed without mention of Smith Furniture’s forthcoming departure from downtown New Albany, or Randy Stumler’s recent Tribune op-ed piece suggesting that the scope of Scribner Place be broadened to include a new City-County office building (to name just two issues of potential significance).

Instead, New Albany citizens in attendance earnestly went to the lectern one by one, united in annoyance with Mayor Garner’s bizarre and unsupportable detachment from the issues that concern them: Ordinance enforcement, pin-the-tail-on-the-donkey hiring practices, and thinly-veiled vendettas against whistle-blowing city employees ... to name just three.

Depressingly, City Hall already has begun to circle the wagons in preparation for what may be a protracted legal struggle with the demoted and ultimately deposed building inspector and whistle-blower Steve Broadus, a campaign the stands to further deplete coffers that already are symbolized by an image in the mind’s eye of the Mayor, pockets turned out, standing in front of a vacant downtown building owned by an upstanding local family with a jagged cardboard sign hand-lettered in crayon that reads “will doo know werk for somethin.”

And yet, in the midst of this ongoing chaos, the city of New Albany has the princely sum of $69,000 to flush on a rear-guard legal action necessitated by the city’s unpreparedness with respect to the same federal judge’s assertion that there is indeed a right to regulate adult businesses – just not the ex post facto, shoddily written variety predictably chosen by City Hall.

To attend a City Council meeting in New Albany is to observe a steadily growing disconnect between City Hall's opinion of its own public relations abilities and its actual performance when the red light come on.

Mayor Garner generally floats through the council proceedings like a "discombobulated pixie on Zoloft", huddling theatrically with his team, forever oblivious to those members of the public who desperately seek to gain his attention to make a point that might well become the central theme of growing opposition to his shambolic tenure:

Mister Mayor, at some point in four years, something that remotely resembles vision and leadership absolutely must emanate from your immediate vicinity, or else you will not deserve the respect you incessantly demand, because respect derives from accomplishment, not the bathroom mirror.

It goes without saying that Garner will not deserve re-election.

Puzzlingly, the administrative firm of Garner, Gibson & Toran seems to fancy itself as master of political form over intellectual substance, and yet when tested (as last evening), it invariably emerges in a confused, unfavorable light when compared to a fractious City Council that itself does not bring to mind blissful visions of tulip tiptoeing.

At a crucial juncture in the city’s history, our helm is being manned by an empty suit.

If anyone can explain to me how this epic underachievement somehow constitutes a “different kind of Mayor,” I will buy you a beer.

But honestly, I think my money’s safe.

We do deserve better … don’t we?"

----------------

Ben Zion Hershberg’s Courier-Journal article (New Albany DVD ruling) of January 6, 2005:"

http://www.courier-journal.com/localnews/2005/01/06in/A1-dvd0106-8095.html
posted by The New Albanian @

Thursday, January 06, 2005

4 Comments:
At 11:32 AM, edward parish said...
This whole affair is turning itself towards something formally done by the cast of Monty Python. Great job of reporting on the CC meeting last evening istanbul85.

At 4:52 PM, SocioSam said...
How many thousands of dollars was that? Sixty-nine to stop porn? Somehow the number seems appropriate.

At 2:17 PM, New Alb Annie said...
Discombobulated pixie on Zoloft? A more apt description I have yet to hear.

Your right Roger the citizens of New Albany... deserve better! We need a real Mayor with a true vision. Not a mayor like "Jimmy" who only offers the taxpayers nothing but excuses and no real solutions! Great Journalism Roger...

Wednesday, June 28, 2006

MUSICAL CHAIRS...WHO IS ON FIRST ?

Mayor's Appointments:

* Controller

1. David White- Gone
2. Kay Garry


*Redevelopment

1. David White-Gone
2. John Rosenbarger


* Economic Development Director

1. David White-Gone
2. Paul Wheatley


* Building Commissioner

1. Eddie Hancock-Gone
2. Paul Roberts-Gone
3. Ron Hartman


* Sanitation Department

1. Jody Johnson-Gone
2. Privatized Department


* Street Department

1. Randy Hampton-Gone
2. Jody Johnson-Gone
3. ?


* Board Of Works

1. Cory Earl-Gone
2. Don Gibbons-Gone
3. Steve LaDuke-Gone
4. Shane Gibson-Gone
5. Matt Dennison

Looks like to us Mr. Mayor you have hiring problems.


Freedom Of Speech would like to ask Mr. Mayor: Do we have selective trash pick-up now? The following addresses need service:

* 1221 Culberson Ave.- 4 weeks no trash pick-up. The customer has contacted the proper dept. and the Mayors office several times.

* 38 E. 11th St.- 6 weeks of no trash pick-up.

* 16th & Dewey- 8 weeks- all of the residents who place there cans in the alley have contacted the proper dept. and the Mayor's Office and no phone calls have been returned.

We have an entire list of citizens who have not had service for weeks. As we explained to the residents. Contact your Councilman or contact the local TV Channels. And of course refuse to pay your bill!

Tuesday, June 27, 2006

WHICH ELECTED OFFICIAL SAID THE FOLLOWING...QUOTES?

* "I want a YMCA in New Albany as much as the next person, but we can't spend all our money on one project," "Especially when no one has shown us any proof that it will alone turn downtown around."

* "We are the servants of the people, and they should have access to their government."

* "Not only that, but we have to listen to what the residents have to say."

* "The current adminstration used poor management and planning, and thus cost the taxpayers much more than they should have," and I will do everything I can to save taxpayers money where that is possible."


If you guessed the Mayor of our almost bankrupt city, your wrong. It was Jimmy before he took office. You know when he was just a taxpayer like the rest of us.


* Were among those who said they also want to take a hard look at Scribner Place. We want to make sure taxpayers don't have to pay for Scribner Place.


If you guessed one of our Council Members, your wrong. It was Donnie Blevins & Beverly Crump before they took office. You know when they was just a taxpayer like the rest of us.


* "It's our duty to lower sewer rates if we can" by finding possible savings.


If you guessed one of our Council Members, your wrong. It was Beverly Crump before she took office. You know when she was a taxpayer like the rest of us.


* If there's a way to lower rates and get the job done. The council must do so for the city's taxpayers.


If you guessed one of our Councilman, your wrong. It was Donnie Blevins before he took office. You know when he was a taxpayer like the rest of us.


* We should be on a pay as you go plan.

If you guessed one of our Councilman, you were wrong. It was Jack Messer. You know when he was a taxpayer like the rest of us.


"The good news" about winning an election. "is you won" And the bad news is you won and now you have to deliver!

Monday, June 26, 2006

THANK YOU COUNCILMAN STEVE PRICE

2004: Mr. Price warned us about the Stormwater Drainage Fee. Even when Mayor Garner said there would not be a fee. Cory Earl informed Mr. Price a fee would be coming down the road in the future.

2004: Councilman Price wanted to go line item by line item to help cut the General Budget. But did not have the support from this Administration, nor other Council members. Mr. Price had a fair suggestion on the "take home cars policy" He suggested that employees maintain a milage log & pay for their gas to and from work. He also saw a problem with this issue months ago.

2004: Garner is currently reviewing the take home car policy for all city employees. (06- Mr. Mayor are you still reviewing this policy ?)

2004: Mr. Price agreed to freeze the Budget. And Mayor Garner disagreed.

2005: A request for 6 new police cars & 2 sports utility vehicles. Councilman Steve Price said "I think it would be in the best interest of the city to find out exactly where we're at financially."

2005: Councilman Schmidt ask for an investigation. And Councilman Steve Price supported an investigation.

2006: Councilman Price continues to fight for accountability to the citizens of New Albany.


Councilman Steve Price will continue to stand up to Garner's out-of-touch Administration and hold it accountable for mismanagement of the taxpayers money. And he also refuses to be a "rubber stamp" for this Administration.

Mr. Price is truly a Councilman for the taxpayers of New Albany.

Thank You Steve... For doing one hell of a great job defending us taxpayers!



Sunday, June 25, 2006

BAYLOR FOR ONCE I AGREE WITH YOU!

posted by the new albanian 10/15/2004 2:31

Garner's C-J letter an embarrassment to all New Albanians
I wrote to the Courier-Journal to express shame and dismay over the Mayor's letter.

In his meandering, illogical and semi-literate letter to the editor of the Courier-Journal, New Albany's Mayor James Garner achieved nothing so much as foolishly embarrassing himself and confirming the city's long-held position as regional joke.

Does Garner really believe that a newspaper's community obligation somehow does not extend to scrutinizing his abysmal personnel record since taking office?

Does Garner really believe that reducing an employee's hours and denying him benefits somehow does not constitute a "demotion"?

Does Garner really believe that the citizens of New Albany will not stand for the Courier-Journal's "lack of common decency," but will somehow continue to tolerate a glasical learning curve that threatens to last for the duration of his mayoral adminstration?

After decades of frustration, throughout which you'd have been better off looking for forward thinking political leadership in North Korea than in New Albany's City Hall, finally there are compelling reasons to believe that the goal of revitalizing New Albany's persistently moribund downtown area may be within reach.

A progressive, articulate and charismatic mayor could do much to help this process along. Instead, we're rewarded with more of the same tired, petty political games, this time artlessly played by thin-skinned amateur who has nothing better to do than whine about "disrespect" from journalists doing their jobs.

New Albany does not need yet another genial and well-meaning figurehead to pose at flag raisings and Little League banquets. We need vision, aggressiveness and chutzpah. Judging from Mayor Garner's pathetic letter, he's completely, utterly overmatched.


Boy did the Democrats get more than a learning curve. Seems More like the Democrats were blind sided by Jimmy.

Example, Tribune Quote: On 10/01/03 Garner said the current adminstration has spent the taxpayers money irresponsibly over the last four years, something he said he will change. If he was mayor, he would have either followed the same path or "bankrupted the city."

"RESPECT" you've got to be kidding! I was always taught you earned respect not demanded it!

Freedom Of Speech would like to ask how can Garner go from a so called "embarrassment to all New Albanians to Saint Garner?

We also highly recommend if Saint Garner pens a book after leaving office he should have a book signing at The Dementia Booksellers on Spring St.

Saturday, June 24, 2006

HERE'S A MULTI-MILLION DOLLAR QUESTION

Who authorized this audit and who paid for it?

Councilman Mark Seabrook stated June 15, 2006 Council meeting:

The Sewer Board had their own Independent Audit on the Sewer Utility.

Could you be wrong Councilman Seabrook about your statement regarding a sewer audit?

Did you mean a financial statement or a complete audit?

BASIC ECONOMICS 101 teaches you that you must prepare a financial statement at the end of every month.

You, Mr. Seabrook, should know the difference between a financial statement and a complete audit.

Melhiser Endres Tucker, CPA'S, prepares a monthly Financial Report to the Sewer Board.

The cost of the Financial Report is paid by the Sewer Funds...

Friday, June 23, 2006

FOLLOWING THE MONEY...IS THE BOARD OF WORKS DOING THEIR JOB?

After reviewing the 2004 Audit, we are concerned about the over spending of the funds. How did we get in this mess with the City finances?

Freedom Of Speech felt we needed to look at the process of approval of the city claims for 2006. We also feel we need to look at what is currently going on with the taxpayers' money.

Are we making the same mistakes over and over again?

As we were told you start at the beginning!

It is Kay Garry's job as Controller to submit the claims to the Board of Works for approval. Members of the Board of Works are Tony Toran, Chairman and Chas Hunter, Vice Chairman. After approval by the Board of Works, Mrs. Garry then cuts the checks. And the claims are paid.

Sounds simple right? Wrong....

The minutes do not reflect any review of any of the claims!

Take a look at this taxpayers and form your own opinion.


Board of Works & Safety minutes Jan. 17, 2006:

COMMUNICATIONS-CITY OFFICIALS:

Mrs. Garry presented claims for the approval of the board in the amount of $6,565,527.69 for the time period of 12/16/05 to 1/19/06.

Mr. LaDuke moved to approve, Mr. Hunter seconded, all voted in favor.


Board of Works & Safety minutes Feb. 21, 2006

COMMUNICATION-CITY OFFICIALS

Mrs. Kay Garry presented claims for January 20 through February 23 in the total amount of $5,104,536.75

Mr. LaDuke moved to approve, Mr Hunter seconded, all voted in favor.


Board of Works & Safety minutes March 21, 2006

COMMUNICATION-CITY OFFICIALS

Mrs. Garry presented presented claims from 2/24/06 to 3/23/06 in the amount of $5,067,367.44

Mr. Gibson moved to approve, Mr. Hunter seconded, all voted in favor.


Board of Works & Safety minutes April 18, 2006

COMMUNICATION-CITY OFFICIALS

Mrs. Garry reported that she had claims to be approved for the time period 3/24/06 to 4/20/06 in the amount of $4,362,583.34

Mr. Hunter moved to approve, Mr. Toran seconded, all voted in favor.


Now you do the math.

$ 6,565,527.69
$ 5,104,536.75
$ 5,067,367.44
$ 4,362,583.34

Total claims approved up to 4/20/2006:
$ 21,100,015.22

We also question where the Board Of Works minutes for May and June are located.

Now citizens take a look at the 2006 Budget & Funds:

2006 Budget & Funds:

General Fund- $14,868,524
Self Insured Fund- $100,000
Fire Pension- $2,392,963
Police Pension- $1,904,118.00
LRS Fund- $400,000.00
MVH Fund- $1,297,100.00
Parks & Rec. Fund- $1,194,734
Cumulative Parks Fund- $295,000
CCI Fund- $200,000
Edit Fund- $1,291,600
Riverboat Fund- $697,000

Total - $24,641,039.00

Can someone tell us what is wrong with this picture?

We feel the Board of Works is nothing but a "rubber stamp" for the mayor.

Freedom Of Speech has questions:

Do the Board of Works members even look at the claims or a claims list to see what they are approving? NO

Do they ask the Controller if the funds are available to make the payments? NO

Do they ask if these payments are within the approved allowed budget for the current year? NO

Can the City carry over bills from the previous year to be paid out of current funds?

Has this administration tried to help us out of the financial mess we are in? Or just what in the hell is really going on with our money?

The bottom line is this, how long will it take before New Albany goes into bankruptcy?

Where is the accountability?

endnote: only 555 days and counting...

Thursday, June 22, 2006

ON THE PATH WITH GREENWAY

NEWS FROM THE GREENWAY FOUNDATION

The Monon Trail is 10 Yrs. Old! And were celebrating! To mark this important birthday, the Greenways Foundation is hosting an on-the-trail birthday celebration this coming Saturday, June 24. Please join us from 9 a.m. to noon along the Monon Trail at the Depot.

The greenways Foundation will be giving away free water bottles and selling Monon 10th tee shirts and posters. Proceeds from these items will benfit trails and greenways.

At noon, Indianapolis Mayor Bart Peterson will be present at the Depot to share his thoughts on greenways in general, and the Monon Trail in particular.

A snip of a ribbon opened the first stretch of the Monon Trail on June 23,1996. The happy people who thronged onto the new paved path formed the vanguard of many more in the decade since. Its huge popularity is the single best argument for building 100 more trails just like the Monon.

Freedom Of Speech would like to thank the Greenway Foundation for sending the following information.

Freedom Of Speech is a big supporter of The Greenway Project of New Albany.

We Also want to send our Congratulation to Valla Ann Bolovschak on your newly appointed position to the Board of Directors of the Greenway Foundation.

Wednesday, June 21, 2006

WHAT WERE YOU THINKING JIMMY?...SAY IT ISN'T SO !

Cell phone call: June 15, 2006 after City Council meeting.


It has been quoted in your call to Councilman Blevins,

"YOU HAVE RUINED MY POLITICAL CAREER!"

And--If you mess with me, I will privatize the Street Department, and you will lose your job!

Sounds like a real threat to us.


Freedom Of Speech would like Mr. Mayor to consider:

Politics 101 Chapter 3. Lesson 1:

* The first rule of thumb in being an Elected Official is, you should do everything above board.

* If you don't follow rule No.1, you never let any employee/Councilman get any dirt on you.

* You never, never ever threaten any employee or a City Councilman.

* Always remember if you threaten someone, you take the risk of ending your political career.

* It will always come back and bite you in the ass for Re-Election!

* And the final rule of thumb, is admit it if you did it.


Is Tony Toran slipping on the job in looking out for your best interest Mr. Mayor?


And on a final note Jimmy, is it true a former Mayor left you a note on your desk around Jan. 2004?
We heard it said Jimmy you better "CYOA" because the taxpayers are smarter than you think!


Endnote: only 557 days and counting...























Tuesday, June 20, 2006

2004 AUDIT-OVERDRAWN & OVERSPENDING

2004 Audit Results
Overdrawn Cash Balance
Overspending of Appropriations

How did we get in this mess with our City finances? Who approves the claims for these OVER-EXPENDITURES?

Answer: The City Board Of Works approves the city claims at their Tuesday morning meeting. The current members are, Tony Torran, Chairman and Chas Hunter, Vice Chairman.

The Board of Public Works meeting minutes of March 21, 2006 show the request by City Controller, Kay Garry, for approval to pay claims of 2/24/06 to 2/23/06 in the amount of $5,067,367.44

The motion was made and approved by the Board at that meeting.

Questions:

Do the Board of Works members even look at the claims or a claims list to see what they are approving?

Do they ask the Controller if the funds are available to make the payments?

Do they ask if these payments are within the approved allowed Budget for the current year?

Monday, June 19, 2006

IN RESPONSE TO NA CONFIDENTIAL RE: THE REAL CITY FLAG

This information is from the 1993 New Albany Community Calendar:

THE MEANING OF THE NEW ALBANY CITY FLAG

"The Common Council adopted the official flag of the City of New Albany on October 1, 1962, as part of the preparations for the Sesquicentennial celebration-October 10, 11, 12 and 13, 1963.

Designed by artist and Sesquicentennial Committee member James J. Russell, the emblem represents, symbolically, 150 years of New Albany's growth since its founding in 1813 by Joel, Abner and Nathaniel Scribner.

The green background represents the timber-covered hills surrounding New Albany; the white shield--edged in gold--speaks of the character and courage of the many different peoples who helped build New Albany; the gold torch stands for enlightenment and liberty; the numerals --1813--represent the founding year, the 19 gold stars tell us that Indiana was the 19th state in the Union; the gold pilot wheel symbolizes New Albany's historic role as a river city.

This is our flag--drawn from the past for the future."

Freedom of Speech believes that we as citizens of New Albany should honor our "real" flag and not use it as fodder for satire.

Friday, June 16, 2006

WHERE'S THE MONEY?

Accounting records and other public records must be maintained in a manner that will support accurate financial statements.

OVERDRAWN CASH BALANCES

The cash balances of the following funds were overdrawn in 2004:


FUND & AMOUNT OVERDRAWN

General- $2,897,556
Motor Vehicle Highway- $221,546
Local Road and Street- $181,407
Law Enforcement Continuing Education- $23,720
Unsafe Building- $57,608
Indiana Housing Board Rental Rehabiltation- $11,428
Reserve Liability- $34,491
TIF Park East Industrial- $50,110
Medical/Drug Fund- $72,653

The cash balance of any fund may not be reduced below zero. Rountinely overdrawn funds could be an indicator of SERIOUS FINANCIAL PROBLEMS which should BE INVESTIGATED by the governmental unit.


APPROPRIATIONS

The records presented for audit indicated the following expenditures in excess of budgeted appropriation.



FUND & EXCESS AMOUNT EXPENDED

General- $1,037,578
Motor Vehicle Highway- $285,788
Local Road and Street- $356,564
Park Nonreverting- $6,916
Ambulance Runs- $6,916
Park Cumulative Building- $277


Indiana Code 6-1.1-18-4 states in part "...the proper officer of a political subdivision shall appropriate funds in such a manner that the expenditures for a year do not exceed its budget for that year as finally determined under this article."


The citizens of New Albany are concerned about the findings in the 2004 City Audit. Why is Mayor Garner saying there is no need for further investigation?












Thursday, June 15, 2006

PRIVATE CITIZEN ASKED THE TOUGH QUESTION!


One single taxpayer stood before last nights City Council Members and ask the one question most everyone in New Albany wants to know.

Valla Ann Bolovschak ask:

Where is our money?

Tuesday, June 13, 2006

THE COUNTDOWN BEGINS...

566 days and counting...

Will history repeat itself in 2007?

Monday, June 12, 2006

STEVE'S THANK YOU

News Flash...Price gives sincere thanks to Baylor, Smith, Tucker and Whitlow.

Councilman Steve Price gave a heartfelt "thanks" at tonights council meeting to those who have spread his philosophy throughout the city. It appears Councilman Price's popularity has grown since numerous articles have appeared in the local paper about his position regarding the city's fiscal status.

Councilman Price stated "I want to sincerely thank Mr. Baylor, Mr. Smith, Mr. Tucker and Mr. Whitlow for your articles in the newspaper. I've gotten more support in the last week in all my 2 1/2 years put together. Calls, emails and letters thanking me for standing up for their taxpayer dollars and some people who called in support of the financing actually agreed with me on money management." Price ended his statement with "I appreciate it"

Well guys, I guess it's back to the drawing board.



Freedom Of Speech says the way Mr. Price handled the situation was absolutely Priceless!

Sunday, June 11, 2006

SCRIBNER PLACE BONDS

Sorry folks, we should have read the fine print.

New Albany Redevelopment Authority Legal Ad May. 7, 2006

"Notice of Public Hearing"
New Albany Redevelopment Bonds of 2006-$15,000,000.

"payable from City Edit Pledge, County Pledge and Caesar's Foundation Grant proceeds, and to the extent the City Edit Pledge, County Pledge and Caesar's Foundation Grant proceeds are "not sufficient", from the Edit Revenues (as defined in the ordinance)

So-this could mean that we pay unlimited Edit Funds and special property tax for the Scribner Project.

$15,000,000 ("Bonds") to be used for the purpose of providing funds for the construction of an approximately 30,252 square foot natatorium, parking lot, and percentage of first and second floor lockers, and an atrium, as a tenant in common with the YMCA in, serving or benefiting the Main Center Redevlopment Area (Scribner Place) in the City, and to pay certain cost associated with the issuance of the bonds.

City's Commitment

* EDIT revenues of $400,000 in 2005 and 2006, increasing to $700,000 annually from 2007 through 2022.


Freedom Of Speech would like to say to you Mayor James Garner Sr:

You Sir, are raping and robbing the taxpayers of New Albany. And you Mr. Mayor might win the "battle" for Scribner Place "But you will NOT win the War."

You will finally hear all the voices and see the will of all the people on Election Day 07!