"YOU CAN'T FIX STUPID."

Why do we need to increase fees?

Building Permits: Single Family Dwellings

* New Construction - .15/square foot or $125.00 minimum

* Additions - .15/square foot or $125.00 minimum

* Remodeling - .15/square foot or $125.00 minimum

* Accessory structures - .15/square foot or $125.00 minimum

* Relocation - .15/square foot or $125.00 minimum

* Demolition - $100.00 flat fee

Permits: Commercial and Industrial

* New construction - .15/square foot or $300.00 minimum

* Additional - .15/square foot or $300.00 minimum

* Remodeling and repairs - .15/square foot or $300.00 minimum

* Accessory structures - .15/square foot or $300.00 minimum

* Relocation - .15/square foot or $300.00 minimum

* Demolition - $100.00 flat fee

Permits: Apartments

* New construction - .15/square foot or $125.00 minimum

* Additions - .15/square foot or $125.00 minimum

* Remodeling - .15/square foot or $125.00 minimum

* Accessory structure - .15/square foot or $125.00 minimum

* Relocation - .15/square foot or $125.00 minimum

* Demolition - $100.00 flat fee

Source: Shane Gibson

As stated in the 2007 City of New Albany Audit ~ Building Commission violations:

1. Instances were noted in which the "fees charged were less" than the amounts established under Ordinance G-02-09

2. Instances were noted in which "fees were being waived" without an ordinance or resolution authorizing the waiving of these fees.

* Each governmental unit is responsible for complying with the ordinances, resolutions and policies it adopts.

Source: State Board of Accounts 2007 Audit

Freedom Of Speech would like to know why they want to increase fees if our Building Commission doesn't even enforce or collect them to start with?

Are there selective fees for selective citizens and selective developers?

Is this a way to give the England administration more money to play with?

Who will be following up to see if these fees are charged correctly?

We have the same employees in the Building Commission in 2007 that are currently in there now.

Also noted in the 2007 Audit:

Receipts and fees collected by the department listed were remitted to the Controller less frequently than once a week.

Source: State Board of Accounts

Our final thoughts...

Maybe out city would have more money IF:

* Each department followed the laws

* Everyone paid the correct fees

* Employees did the job taxpayers are paying them to do

* We started taking politics out of all departmental decisions

"No wonder our city is on the verge of bankruptcy!"

PROPOSED 2009 BUDGET - PART 1

Freedom Of Speech is proud to bring to our readers an opportunity to actually read what has been discussed during two days of Budget hearings by our Department heads.

This Budget is what each department feels they need finances to do their job.

We don't agree!

We suggest you go through each department and see how your tax dollars will be spent.

We here at Freedom Of Speech do our homework. We want to educate you the taxpayers, and give you the information that our current administration doesn't want you to know.

When local government has something to hide they always end up on the front page of our local newspaper with some type of "feel good project" like a new water park, so that you will be distracted from hearing the real truth.

The first column is the 2008 Adopted Budget. Please remember these have not been certified. The second column shows the 2009 proposed budgets as department heads have turned them into the Controllers office on Form 1.

2008 Adopted Budget------2009 Proposed Budget

Departments:

Mayor's ....... $113,975............$137,960
[3% raise]

Controller.... $136,850...........$137,373
[ 3% raise]

City Clerk.....$77,008.............$99,062

City Council..$145,660...........$150,507

City Attorney...$114,110.........$125,630

Board of Public
Works & Safety..$893,125......$977,460

Animal Shelter..$66,050.......$69,750

Cap Outlay........$412,145.......$453,338

Weights And
Measures..........$36,265........$37,550

Plan
Commission.....$255,764.......$263,815

Building
Commission.....$210,173........$217,329

Police
Department.....$5,830,830....$6,738,320

Police Merit
Commission....$34,950..........$37,100

Fire
Department....$6,971,761.......$9,267,127

Communications
Department....$669,290........$715,900

Fairview.........$187,862.........$182,460

West Haven.. .$44,703..........$45,672

General Fund
Total Expense..$16,134,471...$19,586,603

Source: Controllers Office

Our opinion is that based on the numbers, the current adminstration is not looking out for the best interest of the taxpayers.

What we mean by this is:

1. Our 2008 Budget has not been approved by DLGF.

2. We need to look at the various violations listed in the 2007 Audit and take steps to correct them.

3. Review and decide the real needs of each citizen as far as city services.

4. Stop placing the blame on previous administrations and do the job we elect city officials to do.

5. Freeze hiring, freeze raises, make cuts, provide only necessities to keep our city going until solutions can be found.

6. Put all campaign promises and pet projects on hold until we can afford them.

7. Stop borrowing money we can not afford to pay back.

Gasoline prices are up, milk, bread, and eggs have gone up. Utilities have gone up. Rent is going up to cover increased fees. Our homeowner and car insurance is going up. We are paying more and getting less service.

We run our homes on a budget.

Our city does nothing but TAX and SPEND.

"It's time this administration stops sugar coating by pretending we have no financial problems when our city is on the verge of bankruptcy!"

So: City Council members we say this:

If the 2009 budget proposed is not to the liking of our council members, then, they should all VOTE NO.

Where is it written that the executive branch is immune from being told by the legislative branch that they won't pass into law ANYTHING that doesn't pass muster as truly representing the will of all the citizens of New Albany instead of a selective few?

If a city council majority were to simply say to the mayor, department heads and controller:

"Your proposed budget is shit!"

Get your happy asses back to work and try again.

Have all your rocket-scientists to figure out how to reduce the budget so that we can REDUCE TAXES by at least 10% across the board.

We don't care how you do it, we are not going to do it for you. You need to be able to prove you're not cutting ANY essential services. You should cut only the immense fat, and waste.

Further, you WILL provide every last bit of verifiable information to back up your claims of having reduced this city's budget by not cutting one single service that the citizens depend upon!

Until then, our opinion is NO on all your budget actions.

What could the mayor, controller and department heads do about it?

If these gutless wonders, our legislative representatives, want to treat our pocketbooks as blank checks, we suggest that they all take out THEIR checkbooks, sign every check, leaving everything else blank, and pass out their checks to random citizens.

No need to concern yourselves, councilmen and councilwomen, as to who those checks will be made out to, how much each check will be for, or what the money garnered from those checks will be used for.

All of you council members, mayor and controller don't care about the answers to the above questions when it comes to OUR money paid in taxes.

Why should any of you care about the answers to the above questions concerning your own money?

Haven't any of you council members ever heard the word accountability?

Are you all as clueless as the mayor and controller want you to be?

Taxpayers of New Albany, how did you like that big dose of TRUTH?

A SIMPLE OBSERVATION ~ MR. OMAMA....

This whole "plug-in car" idea of Obama's is just naive and ignorant.

Remember Bush Sr. going into the grocery store, and marveling about price scanners? The press had a field day, branding him as out of touch.

Fast forward to Obama, and the plug-in car lunacy.

Obama has promised over 150 million mythical Hybrid Plug-in cars to be on the road by 2015. The car does not exist today but is in development. The car is not expected to go into production until 2010-2011.

For one thing, much of the northeast's electricity is fueled by COAL!

Coal is one of the worst causes of pollution and greenhouse gases, and what he's naively proposing, is an increase in the use of it in order to power these "clean energy" vehicles.

All forms of energy affect something and we think the human race as the most valuable of all elements.

Secondly, it shows how out of touch he is with the ordinary citizen to think that most people in America are going to be ABLE to adopt these new vehicles in the $30-$50K range.

The facts are:

1. We need more oil found in America to reduce our independence on foreign oil. A simple observation

2. The more oil found here in America, and sold here in America, keeps American dollars in America's pockets. A simple observation

3. The more oil drilled for in America creates more jobs for America in America. A simple observation.

4. Alternative energy for transportation and other use is years away. I know of "no technology" that will replace fossil fuels for at least 20 yrs. A simple observation.

5. Oil and "plastics" go together. Where will we get all our "plastic" to provide feedstock for our chemical industries? Import it? A simple observation.

6. You can't just shut-down refining. Where will all the industry workers go to work? No Democrat plan for that. A simple observation.

Their are simply "No reason not to drill" in America. A simple observation.

This is 2008 not 1958.

Is he that out of touch that Obama does not realize that most cars today do not even require tune ups?

This man wants to be president and his energy policy is to put air in our tires, get tune ups, and well do not drive so much.

Oh wait, I forgot, now "limited" drilling is acceptable to him, NOW.

Now that 72% of the American Public is screaming, "DRILL HERE, DRILL NOW, and DRILL OFTEN!

Our final thoughts on Obama:

It's offensive to us that Obama tries to imply that if you don't agree with him...if you don't vote for him...you are a racist.

That's BULL-SHIT!

We've all worked over, for, and under people of all colors, and have no problems with race. So don't try to convince us or any other clear thinking American that we are racist just because we don't believe that Barack is "the One."

What we predicted months ago has finally come to pass. The more voters learn about Obama, the less they are inclined to vote for him.

While he's a charming guy with great oratory skills, he's not the One.

Voters in middle-America are beginning to realize that Obama neither understands nor shares their values.

* If he did, he would not have joined Trinity Church or befriended a race-baiter like Rev. Wright.

* His first political fundraiser would not have been held at the home of domestic terrorists William Ayers and Bernadette Dorn.

* He would have rejected political contributions and a special land deal from Tony Rezko, a man convicted of bribing politicians.

* He would not have told wealthy liberals in San Francisco that small town Americans are bigots who cling to religion and guns,

* He would not defend people who disparage our country.

* He would prefer a winning war strategy to surrender and defeat.

* Obama's recent racist remarks: "What they're going to try is make you scared of me. You know he's not patriotic enough. He's got a funny name. You know, he doesn't look like all those other presidents on those dollar bills you know. He's risky.

* Obama stated in 2007: He would never play the race card to win an election.

So who is the real racist..."Sweetie"?

Freedom Of Speech Staff
Supports John McCain

WANT OUR OPINION?

I don't smoke. But, I still don't get the big movement against a smoking ban.

Our foods and beverages are filled with chemicals we never heard of to preserve them. Our air is from time to time tainted with smog, exhaust and spraying pesticides.

But, exposure to cigarette smoke is gonna kill us?

Come on. This is just another smokescreen to cover up the real problems that plague our society.

Johnny might have driven his car through the window of the local grocery store, but that's okay.

Johnny apologized for being drunk and has Dr. Phil counseling him, at least Johnny DOES NOT SMOKE!

Our government might be bought and paid for by some outside interests, but hey our elected officials are not smoking, so relax.

Yell right!

What the hell is wrong with this city?

We need the tax money from cigarette sales for our road problems which are horrendous.

But, it can all be solved by keeping Joe Six -pack from smoking a Winston at a bar.

Folks it is called choice.

People have smoked tobacco in the United States since before the United States was the good ole United States of America we all love.

Like I said, I don't smoke.

But, I know people who do, and not a one of them is a worthless leech on society.

They are hardworking folks, who have a smoke and a cold one to get some relaxation in an otherwise hectic life.

We say, let them keep light em up.

Eisenhower smoked, FDR smoked, JFK enjoyed a good smoke and Obama enjoys smoking to calm his racist nerves.

Even Roger Baylor himself enjoys a good cigars.

Are they somehow to be now regarded as lesser in our eyes because they smoked tobacco?

I know some of you whiners out there will say, "but, we will have to pay those smokers medical bills, it ain't fair."

Well, we say, chances are that smoker you are "bitching about" has been paying your medical bills with his tax money, so you folks owe him a few puffs.

Why should the men and women who get things done in this city and then choose to stop and have a cold one, light one up to relax a bit be treated so unfairly?

Yes, lung cancer kills people.

But so does cars, drugs, tornadoes, fires, and about everything else in this world.

This is New Albany folks, if smoking offends you stay at home.

We feel it should be a business owners choice!

Not city government...

HEY MITCH...LET'S TALK PROPERTY TAXES

Governor Daniels should provide bold property tax relief leadership during the remainder of his reelection campaign.

He should tell Hoosier voters that he will work to get the constitutional property tax caps in Senate Joint Resolution 1 passed during the first week of the 2009 General Assembly session.

Passing SJR1 next year would allow we the people to vote in 2010 for a state constitution amendment that permanently caps property taxes at one percent of our home's value.

We would be protected from shocking property tax increases that force us to make terrible choices between three meals a day, necessary medicine, and property tax bills.

The property tax tax relief promised by this year's sales tax increase would not go away.

We would have a great starting point to eliminate some or all property taxes.

The cost to our governments would be cut because we would be able to keep the home we worked all our lives to buy.

SJR 1 would also protect other property taxpayers from abuse.

The property tax caps for all apartments and farm land would be lowered to two percent of their value. The existing business property tax cap of three percent would never be increased. Farmers and businesses would be able to safely predict their property taxes so they can stay in business.

The constitutional property tax caps that Governor Daniels originated in SJR 1 represent the best effort in more than twenty years to make the state and local burden of Hoosier working families more fair and affordable.

Hoosier working families win next year if our governor leads our General Assembly to pass the constitutional property tax caps.

We all want to protect our homes and jobs.

Candidates will have to tell voters whether they stand with the property tax payers or property tax spenders!

Mitch Daniels isn't a man who rests on laurels or is content to merely tread water and hold station.

He pushes forward...

Freedom Of Speech appreciates Governor Daniels leadership and enthusiastically and proudly endorses Governor Mitch Daniels!

COUNCILMAN PRICE ~ IS RIGHT AGAIN...

District 3's Councilman Price said he would rather see the officers keep a mileage log and be required to reimburse the city for the personal miles they put on their cars.

Source: Newspaper-June 30, 2007

Price has stated several times: the city offers one of the area's most generous take-home car policies, with taxpayers covering the gas cost of many city-issued cars used for commutes far outside city limits.

City leaders told Price they have no plans to change that!

Is Councilman Price right or wrong?

City owned vehicles were furnished to 11 employees to be used for City business and for driving to and from work. The vehicles used were not considered "qualified non-personal use vehicles" as defined by the Internal Revenue Service. The use of these vehicles to commute to and from work is considered personal use and is a taxable fringe benefit. During 2007, this fringe benefit was calculated using the Internal Revenue Service "commuter rule" and included as additional compensation on 10 of the employees' W-2's. The city did not calculate and report this taxable fringe benefit for 1 "control employee' as defined by the Internal Revenue Service.

Source: 2007 State Board of Accounts ~2007 Audit of the City of New Albany

Does anyone remember the $10,000 Parks Department cell phone bill in June of 2007?

Look what the 2007 Audit reports:

City owned cell phones were furnished to 68 employees to be used for City business.

The City does not have a written policy concerning the personal use of city-owned cell phones and records are not maintained that distinguishes between business use and personal use.

Personal use of City owned cell phones is considerate a taxable fringe benefit and is to be reported on the employee's W-2's.

Source: State Board of Accounts ~ 2007 Audit of the City of New Albany

Charlie Pride of Indiana State Board of Accounts stated to Freedom of Speech: whenever an item or other asset owned by the political subdivision is entrusted to an officer or employee, to be used at times outside the normal work time for business purposes, such as cellular phones, or vehicle, a log should be maintained which clearly shows the business use.

Pride also said: Each governmental unit is responsible for compliance with all rules, regulations, guidelines and directives of the Internal Revenue Service and the Indiana Department of Revenue. All questions concerning taxes should be address by the following agencies.

As gas prices continue to go up it's more important to keep our police cars inside city limits.

According to the 2007 Audit Report, records are still not being kept on take home cars and cell phones.

Councilman Price has been calling for a review of the cost of take home cars. Councilman Price has also been trying for two years to set up a city policy on take home cars.

Some cities in Indiana are now eliminating all employee take home cars and police cars.

Freedom Of Speech would like to say:

If we have to pay for gas to go to the mall and grocery, they should pay their own way like taxpayers.

If you work for the city you should live in the city. Let all employees pay for their own gas, cars and insurance.

Maybe Crabtree and England should look at less spending in the City and our Police Department such as the big salaries and perks.

We find it appalling and an absolute waste of taxpayers dollars for New Albany police officers and City employees to use cell phones and city owned vehicles for this purpose, especially considering the salary of some of these individuals.

Right...Deputy Mayor Malysz?

The chief of police and the Mayor should be ashamed and have a better excuse than " we don't need a policy."

After all it should be up to the taxpayers not the chief of police or Mayor to authorize such a waste of our money.

Take your own cell phone and car to work like all the rest of us hard working taxpayers have too.

The free ride has to end...we taxpayers can't afford it anymore.

"Councilman Price was RIGHT again!

Since Mayor England wants a walking city, let's park the cars and put all city employees on bicyles or golf carts. Think of the gas dollars you would be saving the taxpayers!

ROSENBARGER SHOULD RESIGN!

On December 21, 2006, the New Albany Redevelopment Commission awarded Mac Construction & Excavating a $259,447.80 contract for the "Elm Street and Other Spot Basis Curb and Sidewalk Improvement Project."

During 2007, change orders were approved in the amount of $82,007. Change orders totaling $74,436 were for additional work that actually exceeded the scope of the original project and increased the amount of the original project and increased the amount of the original contract by 28%.

Indiana Code 36-1-12-18 (d) states: "The total of all changes orders issued that increase the scope of the project may not exceed twenty percent (20%) of the amount of the original contract. A change order issued as a result of circumstances that could not have been reasonably foreseen does not increase the scope of the project."

Indiana Code 36-1-12-18 (e) states: "all change orders must be directly related to the original public work project."

Source: Charlie Pride - State Board of Accounts

Freedom Of Speech would like to say:

This is one small but significant skirmish in a much larger transaction.
You should be ashamed of yourself, Mr. Rosenbarger. Very ashamed.

Where is the accountability John?

IS THIS SMITHGATE OR WATERGATE?...PART 2

After attending the last council meeting Thursday July 17, 2008, we at Freedom Of Speech decided to have a wait and see approach and do some more research about the issue of the Redistricting of New Albany.

Several comments have been said by both Council members, elected officials, private citizens, plaintiffs and the Redistricting committee.

Our intentions are to put the pieces together and see what we come up with.

Maybe if your lucky Mr. Cassidy, your name might stay out of the Courier-Journal.

We seriously doubt it.

So Mr. Wimp, you just want it over with no matter what happens?

Mr. Smith did you really think you had control over the council?

Back on topic: Is this Smithgate or Watergate?

May 12, 2006:

"City Council District 2 contains thousands more residents and registered voters than any other districts, records show. But the council president says important issues on the agenda trump any redistricting, even with the threat of a lawsuit. Through the Council redistricted in 1992, it failed to do so in 2002. Two proposals lacked the support to pass, former Councilman Maury Goldberg said."

Plaintiffs spew their venom:

the new albanian aka: Roger Baylor plaintiff said: Councilman Coffey, have you no sense of decency, sir, at long last? Have you left no sense of decency?

signed Roger A. Baylor, Jeff Gillenwater, Randy Smith

Source: blog

all4word aka: Randy Smith plaintiff said: City Council member's can only be removed by death or conviction for a felony, or conviction of a misdemeanor germane to the office and duties...or on May of 2007

Source: blog

the new albanian aka: Roger Baylor plaintiff said: Is it not your responsibility to speak out and expose the patent dishonesty of Dan Coffey, Bill Schmidt, Larry Kochert, and Steve Price?

Source: blog

all4word aka: Randy Smith plaintiff said: CM Price's parents and teachers failed to inculcate in him even the barest inkling of the word "counterintuitive."

Source: blog

all4words aka: Randy Smith plaintiff said: And how anyone can project how the districts will be reapportioned is beyond me. And don't be coy, KT. Who do you know is crossing his or her fingers to be reapportioned to a new council district?

Source: blog

bluegill aka: Jeff Gillenwater plaintiff said: Although I did not and will not vote for Price, I feel compelled to apologize for his presence on the Council, if for no other reason than to let the rest of the city know that his behavior and ignorance don't accurately reflect the current intelligence and hopefulness of his district at all.

Source: blog

the new albanian aka: Roger Baylor plaintiff said: First Jeff Gahan was in bed with Dan Coffey (sewers), and now Steve Price (redistricting). Do they sell full body condoms down at Cleopatra's adult book store?

Source: blog

You be the Judge!

July 12, 2006: Newspaper

"State code dictates that second-class cities such as New Albany must split into six council districts that, among other distinctions, must "contain as nearly, as nearly as is possible, equal population. "

August 12, 2007: Newspaper

"Beardsley wrote his plaintiffs asking for feedback, and Ulrich expects to discuss the proposal with the council in closed executive session if necessary. We've discussed some rough parameters said Ulrich. The prospect of the council - rather than a special panel appointed by a judge -drawing up the new districts boundaries did not appeal to Randy Smith. The proposal "would be less than a slap on the wrist...I doubt seriously that we're going to accept this," said Smith."

August 26, 2007: Newspaper

"Plaintiffs Jeff Gillenwater and Randy Smith accompanied attorney Stephen Beardsley; president Larry Kochert and attorney Jerry Ulrich represented the City Council. Beardsley's plaintiffs proposed weeks ago that the council redistrict by August 2008, after it hears advice from a five-member study group appointed by both sides. Those five people would be paid $50 a day and Beardsley paid a flat fee of $5,000, all out of city coffers. Friday afternoon, the council countered with a proposal reached at a closed meeting Tuesday. The council would draw the boundaries and vote on the issue, but by November of this year and without an advisory committee."

"Plaintiffs insisted that the negotiations take place in public meetings, and Ulrich and Kochert agreed."

"Hussman strode back and forth between two closed rooms containing the two parties as the clock crept toward 6 p.m. Finally, all six men convened in one room, than departed with news of the "agreement in principle." Smith called himself "very pleased...I think it's a great day for New Albany."

September 15, 2007: Newspaper

"The lawsuit is still in its pretrial phase and parties have an, "agreement in principle" in which the council will vote on new districts by November 22."

"However, plaintiffs say that if they don't like what the council approved, they would like to see a Dec. 3 trial commence. Those feelings were conveyed by resident Randy Smith during the hearing Friday. He complained that the districts proposed were not drawn by a residents' advisory group, but rather by council and behind closed doors."

"Floyd County Clerk Linda Moeller also spoke, urging the council not to approve a map in which political districts split precincts. Doing so would force the clerks office to have separate poll books, ballots and voting machines, she said, something that would cause unnecessary expense."

"Smith said that the law doesn't address trouble, confusion or expense. "it just says 'as equally as possible."

"In an interview after the meeting, Kochert said. Now that a hearing has taken place, the council will publicly discuss the map in upcoming council meetings before any vote is taken. Kochert said it was the charge of the City Council to draw the map, not a panel of residents. "They're wannabes," Kochert said. "They want to be leaders of the community. The law says that the council does the redistricting."

Calendar of Council Council Action on Redistricting Lawsuit 2007-2008:

October 9, 2007 - R07 -35A : pertains to Lawsuit about redistricting. Approved: 5 aye, 1 nay, 2 abstained

Source: Public record

December 20, 2007 - G07-19 an ordinance dividing the city into six Districts. Approved 5 to 3. G07-19 was approved by city council on December 27, 2007 and became Ordinance G07-59

Please note: According to our research of city council minutes, we did not find any council action that has rescinded G07-59 which divided the city into six districts.

1st DISTRICT which shall be composed of PRECINCTS 1, 2, 17, 21 and 23;

2nd DISTRICT which shall be composed of PRECINCTS 16, 18, 19, 22, and 29;

3rd DISTRICT which shall be composed of PRECINCTS 3, 5, 6, 7, 8, and 10;

4th DISTRICT which shall be composed of PRECINCTS 11, 12, 13, 20, 24 and 25;

5th DISTRICT which shall be composed of PRECINCTS 9, 14, 15, 15(A), 26, and 28; and

6th DISTRICT which shall be composed of PRECINCTS 19(A), 19(B), 27, 27(A), 28(A) and 29(A).

So...We already have a Redistricting Ordinance on the books!

Footnote: Part 111 of: Is this Smithgate or Watergate?

IS THIS SMITHGATE OR WATERGATE?...PART 1

After attending the last council meeting Monday July 7, 2008, we at Freedom Of Speech decided to have a wait and see approach and do some more research about the issue of the Redistricting of New Albany.

Several comments have been said by both Council members, plaintiffs and the Redistricting committee.

Our intentions are to put the pieces together and see what we come up with.

Are these the key plaintiffs in lawsuit?

Randy Smith
Roger Baylor
John Gonder - Council member
Jeff Gillenwater
Lloyd Wimp
Ruthanne Wolfe - wife of Councilman John Gonder

Attorneys:

Stephen Beardsley - Attorney for Plaintiffs
Jerry Ulrich - Attorney for Defendants

Source: Federal Court document

Freedom Of Speech would like to point out:

for well over a year our previous City Council had been trying to resolve the redistricting problem before this committee was even formed.

We feel that when an elected officials take the oath of office they should be held liable and accountable for THEIR actions.

This underhanded way of doing the PEOPLE'S business in New Albany is unacceptable.

Freedom Of Speech can only present to you our readers the FACTS of the redistricting matter.

Federal and State laws have been broken, taxpayers have been billed for Plaintiff's Consent Decree, and illegal meetings and much more.

What we have been reading, hearing and seeing over the last 1 1/2 years, is nothing but purely a political movement "to influence an election or to take out certain elected council members" in our opinion.

You be the judge!

In 2007 the Elected Council members were as followed: Larry Kochert , Dan Coffey, Bill Schmidt, Steve Price, Beverly Crump, Jeff Gahan, Donnie Blevins, Kevin Zurschmiede and Jack Messer.

On or around September 2007 Plaintiff Jeff Gillenwater reply's to Council President Larry Kochert's remarks in Saturday's Tribune:

Kochert accused the plaintiff's in the case of being political "wannabes" Gillenwater stated in his response " But, allow me to be blunt, Council President Kochert's bad faith bargaining thus far has created a strong impression that the council has no intension of committing to a fair and legal redistricting process."

What the plaintiffs weren't telling were the entire facts. Deep throat told us: "every time they meet at the federal court house meetings the plaintiffs would change to a new or additional demands."

On September 20, 2007:

Lloyd Wimp [plaintiff] presented another proposal for the redistricting.

Let's look at the facts:

Attorney Fee date - October 4, 2007 - Description: Tele. conference w/Mr. Messer re: resolution

Attorney Fee date - October 5, 2007 - Description: Conference w/ Mr. Messer re: amended Consent Decree; Draft Amended Decree; revise original Decree; prepare Resolution; prepare Ordinance, forward to Mayor
Attorney Hours: 3.80
Attorney Amount: $570.00

Attorney Fee date: - October 9, 2007 - Description: Re-draft Resolution/Consent Degree, Conf. w/Mr. Messer, meetings (2)
Attorney Hours: 3.80
Attorney Amount: $570.00
Attorney: Ulrich & Vidra

Source: Bills submit to Controller Garry

Taxpayers, are you still with us?

Atty. Jerry L. Ulrich was defendant's attorney, not plaintiffs attorney and he was drawing up agreements for Councilman Messer for the plaintiffs. Was he doing work for plaintiffs and defendants and charging us taxpayers? Did Mr. Messer take it upon himself with out council approval to do this?

Question Mr. Smith: Why didn't Plaintiff's own attorney Bearsley draw these agreements up?

What authority did Councilman Messer have to negotiate and who gave him the approval to run taxpayer's tab up?

October 18, 2007: Mr. Kochert stated the way Mr. Messer got to be chairman of the redistricting committee was that he came up to him after the meeting and told him that he was going to be the chair.

Source: Council minutes

Check out the date of legal services and the date of Mr. Kochert's comments.

Is this not a case of Conflict of Interest on Council Attorney Ulrich's part?
Whose side was he on anyway?

Based on legal bills submitted to Controller Garry by Attorney Ulrich, we taxpayers carried the tab without approval by our council.

Hell fire, whose side was Messer on anyway?

Did Councilman Messer cut a deal with the plaintiffs before the November election?

Taxpayers, are you still with us?

Keep reading: this is starting to get interesting!

R07-35A states: IT IS SO ORDERED, Response: All discussions and deliberations on the issue of redistricting between members of the City Council shall take place only at regular or especially called meetings of the Council with notice to the public at least 48 hours in advance.

Source: Public record

On December 27, 2007 Mr. Messer stated that they did have a piece of paper that the plaintiff's signed and they could have been done with this lawsuit and the judge isn't happy with this ordinance and if they don't rule in favor then they will still be dealing with it next year and they had to push this through at the last hour makes no sense and that they option to take care of this and they chose not to take it.

Source: council minutes

What paper is Councilman Messer talking about?

Document B - Consent Decree

Reviewed, Signed and approved by the following:

Plaintiffs
Peter A. Vogt
Jeff Gillenwater
Roger Baylor
Randy Smith
Lloyd Wimp
Stephen Bearsley - Council for Plaintiffs

And...

Reviewed, Signed and approved Document B by the following:
Councilman Jack Messer
Councilman Kevin Zurschmiede
Council women Beverly Crump
James Garner, Sr. Mayor - City of New Albany

Again, go back to our legal fee list: for date of this Consent Decree.

Source: Public Record

We have a question for Councilman Messer: Why weren't the other Council members notified of this Consent Decree until after it had been drawn up and signed, then it was provided to the other council members?

On July 7, 2008 Mr. Messer stated: that there was NO POLITICS played in this committee except the politics for the people and not the politicians.

Source: July 7, 2008 Council minutes

Didn't you really mean to say: there was politics played on this committee the politics for the plaintiffs?

It is what it is...Councilman Messer ~ shame on you!

footnote: Part 11 of: Is this Smithgate or Watergate?

IS OUR DEPUTY MAYOR LEGAL?

Deputy Mayor Carl Malysz, "What hat are you wearing today?"

Tribune, July 2, 2008

1. STREET PAVING:

"Three New Albany streets have been marked for paving, Deputy Mayor Carl Malysz said Tuesday".

2. DETOUR AHEAD FOR DOWNTOWN DRIVERS:

"Closing part of Scribner Drive was suggested on behalf of Mayor Doug England and Deputy Mayor, Carl Malysz".

3. "Carl Malysz, Deputy Mayor and Director of Development said the beautification may take a few months".

Freedom Of Speech would like to say:

To our knowledge, the New Albany City Council has never approved an ordinance to establish the position of Deputy Mayor for the City of New Albany.

Why has the City Attorney never reviewed the Indiana Code to determine the legality of an appointed Deputy Mayor in a position that was never established?

Are the actions and decisions of the New Albany Deputy Mayor Malysz legal?

The taxpayers do not want to pay the bill for any penalties charged because the City of New Albany allowed the Deputy Mayor to perform/function/ in a position that was not established by law.

This is the reason of why we question the legality of our Deputy Mayor:

IC 36-4-9-7 : Ordinance establishing position of deputy mayor:

Sec. 7. The city legislative body may by ordinance establish the position of deputy mayor, who serves as the city executive's deputy. The ordinance must:

(1) provide that the deputy is appointed by and serves at the pleasure of the executive, and

(2) set forth all the powers of the deputy, which may not exceed the powers of the executive

See...what happens when you do your homework!

COMMUNITY COUNCIL TO MEET THIS EVENING

The West End Community Council, a residents group, will meet at 6pm today at the New Albany-Floyd County Public Library, 180 West Spring St.

Dan Coffey, a council board member and a member of the New Albany City Council, said the meeting agenda includes discussion of establishing a Community Housing Organization and West End clean up efforts. Those who want more information may call Dan Coffey at 502-797-8347.

Source: Dan Coffey

CONGRATULATIONS RANDY STUMLER

Hopefully, the Democrats will have a chance to clean up the party. We wish you well in your new position. Will Councilman Messer be the Progressive Candidate to fill the Democrat Chair or will the Progressives push for Councilman Gonder?

WHAT IS THE CITY ADMINISTRATION HIDING? WHY WON'T THEY TELL US THE TRUTH?

First of all the staff of Freedom Of Speech hopes each and everyone of our readers had a great 4th of July holiday.

Unfortunately, we have to ruin your three day holiday with the bad news.

Should we be the source breaking this news to the citizens of New Albany?

We say... NO!

Are the Mayor, Deputy Mayor and Controller too busy trying to keep this information from taxpayers and our city council members?

We will give you all a chance to read the truth on Freedom Of Speech.

On April 10, 2008 England stated in the newspaper that New Albany has a general fund that is nearly $1.7 million in the red. The general fund finances 16 departments and operating funds.

So how about the truth now Mr. England?

Here comes -- "We told you so" way back in 2007!

The cash balances of the following funds were overdrawn in 2007:

General Fund...................... - $2,218,707

Motor Vehicle Highway....... - $85,325

New Direction..................... - $9,766

Redevelopment BAN
Charlestown Road.............. - $1,400

Appropriations

The records presented for audit indicated the following expenditures in excess of BUDGET appropriations:

General Fund ................. - $811,179

Stormwater Fund........... - $1,323,055

Source: State Board of Accounts 2007 Audit

So who are you going to believe taxpayers, Mr. England or the State Board of Accounts?

"SAME SH*T JUST A DIFFERENT YEAR!"

Why does Council President Gahan not call for a full independent audit, a full investigation and just get to the bottom of what is really going on in the controllers office?

Are these council members so weak and so obligated to Doug England that no one has the guts to do the right thing on behalf of taxpayers?

Freedom Of Speech would like to say:

Our city keeps making the same damn mistakes. Why don't they follow Ordinances our Council passes? No one stays on a budget. We still don't have a 2008 city budget, but this administration continues to spend.

There is no policy for take home cars or logs kept for millage or records kept on 68 cell phones to determine city or personal use.

Where is the "accountability to the taxpayers" of New Albany?

How damn stupid do they think we taxpayers are?

Freedom Of Speech would like to personally thank the State Board of Accounts for releasing this vital information to the taxpayers of New Albany.

footnote: Freedom Of Speech will be releasing additional city violations next week from the 2007 State Board of Accounts Audit.

ANOTHER "GOTCHA" MOMENT

New Albany's very own Reverend Wright aka NA Confidential, Roger Baylor continues to spew his venom towards us little people.

"God damn those little people of New Albany" he screams from his pulpit.

Sound familiar?

Freedom Of Speech members and supporters unlike Reverend [Baylor] Wright have not sold our souls to the devil or Mayor England for financial gain...

Unlike Reverend [Baylor] Wright, some people utilize e-mails, and cell phones as a form of communication between Citizen Activists Groups of Indiana.

We also obtain permission to re-print an article.

Check out our link on "Hoosiers for Fair Taxation" [VoiceOfNA]

Also scroll down and enjoy several Freedom Of Speech postings through out Hoosiers for Fair Taxation archives and 14 other Indiana blogs.

Unlike NAC, we all work together for one common goal "the taxpayers of New Albany and Indiana."

Do your homework Reverend Wright!

Wouldn't you just love to know who all we know.

Our Thanks to:

Melyssa Daughtery ~ blog administrator for Hoosiers for Fair Taxation

Attorney Abdul Hakim - Shabazz ~ blog administrator for Indiana Barrister

"We the People" are working!

One May 30, 2008, former President William Jefferson "Bill" Clinton told us this:

"The great divide in this country is not about race, gender or even income, it is by those who think they are better than everyone else and think they should play by a different set of rules."

Did we just hear a hammer hitting the nail right on the head Reverend [Baylor] Wright of New Albany?

Freedom Of Speech
Staff Members

Another "GOTCHA" moment!

A FEW MORE SIMPLE RULES

A few simple rules that people in politics should follow that can save them a lot of grief and hassle.

*We figured a few more rules might be in order for those who didn't get it the first time:

* If you ever start a sentence with "Do you know who I am?" you are guaranteed a bad result

* Never do anything with anyone who doesn't have as much to lose as you do

* Discretion really is the better part of valor and never take anything personally

* It's also okay to change your mind about an issue as long as you have a well-thought out reason for doing it

* Every elected official should have to spend time in both the majority and the minority so they can know how life feels on the other side of the fence

* Stupid really is as stupid does and no one has a monopoly on it or bright ideas

* It's not your money

* Be mindful of the toes you step on today because they will be connected to the rear end you may have to kiss tomorrow

If more people would follow these rules, we'd get a lot more done in this city, granted our job would not be as interesting, but we'd still get more done!

MAIL CALL: OBAMA'S...KOOL - AID RECIPE

From The Kitchen of Obama


Take one heaping spoonful of inexperienced elitist white male seeking self-validation through exploitation of his African-American genetics. Combine two parts black liberation theology clerics spewing intolerance with two parts of unrepentant intellectuals committed to the destruction of America. Stir in one cup of militant Black wife harbouring the overwhelming desire to stick it to Whitey and one spoonful of typical white person grandmother. Mix well. Pour a gallon of anti-patriotism into tall glasses and sprinkle with naive foreign policy iterations. Serve on a platter of meaningless oratorical hyperbole with a generous dollop of wealth re-distribution. Sprinkle liberally with the zest of white guilt. Serve large portions to the undiscerning and spellbound masses convinced that the Second Coming is upon America.


Now you have the complete recipe for Disaster!


Contributor: Brad

THE "LOSERS" OF THIS CHANGE ARE LIKELY TO BE HOMEOWNERS!

The Daniels administration has backed off a controversial purposed rule that critics say would have shifted the property tax burden from businesses to homeowners.

Just days before a public hearing on the issue, Cheryl Musgrave, Department of Local Government Finance commissioner, said "it is the right move, but this might not be the right time."

The change - which no longer would have focused on the current use of a property -- was contained in a proposed manual of rules for the next statewide reassessment, which is scheduled for 2011 and would affect property tax bills paid in 2012.

The manual must be adopted by July 1, and a public hearing on the issue is scheduled for 9 a.m. Monday in the Indiana Government Center Auditorium.

Indiana currently uses "market value in use" to assess property, which means an appraiser or assessor ignores what the market may dictate as the most profitable use of that property and values it according to it's current specific use.

But Musgrave and her staff wanted to move the state to "market value in exchange," which is the standard relied on predominantly in 48 other states.

Manufacturing plant "A" sells at a lower price to a buyer who plans to turn the facility into a warehouse.

Manufacturing plant "B" can then point to that sale as a similar property that sold for less in an effort to get it's own assessed value reduced. The use of the facility would no longer matter under market value in exchange.

This means assessing the property based on it's potential use.

This change may seem subtle, but it will create a new set of "winners and losers" in the property tax system.

In a perfect world, designing an assessment system from a blank slate, [we] would advocate for a market value in exchange standard.

However, the lack of knowledge regarding potentially negative impacts of this new rule leads us to recommend that the new rule NOT be adopted.

Although not directly affecting residential values, if the assessed value in one category goes down dramatically, the tax rate for everyone goes up to make up the difference.

YOU'VE GOT Toooo BE KIDDING!

City of New Albany

Summary of Financing Scenarios for Proposed Economic Development Income Tax Revenue Bonds for 2008

City of New Albany Debt Limit

Pay 2007 Net Assessed Valuation.......$1,532,260,987

One third of Net Assessed
Valuation Times: 2% Debt Limit.........$510,753,66
_________________________________2%

City of New Albany Debt Limit...........$10,215,073

Economic Development Income Tax [EDIT] Revenue

2008 EDIT Revenue...........................$2,731,466

Existing Pledge of EDIT
for 2006 Lease Rental........................$114,250 - 116,750
Annually through 2021

Financing Scenarios

Maximum Proceeds with Annual Debt Service of Approximately $875,000

Par Amount of Bonds: $7,940,000

Interest Rate: 7.00%

Maximum Annual Debt Service: $874,350

Final Maturity: 1/15/2024

Approximate Term
[In Years]: 15

Project Fund: $6,800,000

Financing Scenarios

Maximum Proceeds with Annual Debt Service of Approximately $875,000

Par Amount of Bonds: $9,170,000

Interest Rate: 4.83%

Maximum Annual Debt Service: $874,622

Final Maturity: 1/15/2024

Approximate Term [In Years]: 15

Project Fund: $7,975,000

Freedom Of Speech would like to say:

The problem with New Albany in the eyes of most taxpayers is that this is not a priority. Why would we want to put this debt on our children and grandchildren?

"Just to line someone else's pockets!"

Hasn't anyone ever taught these idiots the different between a WANT and a NEED?

Good Grief!

OUR WAY OF GIVING BACK!

20 of Freedom Of Speech staff members will be participating on Saturday June 21, 2008 in the upcoming 5K Walk, Run & Festival for Champion 4 Her.

Where: Festival Plaza at Waterfront Park
Cost: Festival Admission Free
$25 - Walk/Run early registration fee includes an event t-shirt while supplies last
$35 - Walk/Run late registration fee

Route: Begins at Festival Plaza and Withenspoon Street, crosses the Clark Memorial (Second Street) Bridge and returns to the start line.

Freedom Of Speech has entered two teams of Ten Runners and Walkers to compete for the various prizes.

Each team has selected the following two non-profit organizations:

The Center for Women and Families

Maryhurst

Teams who raise a minimum of $1,000 will have a separate check- in point.

$1,000 Plaque plus an additional $100 donation to Beneficiary Partner of Choice

$2,500 Plaque plus an additional $250 donation to Beneficiary Partner of Choice

$5,000 Plaque plus an additional $500 donation to Beneficiary Partner of Choice

$10,000 and above
Plaque plus an additional 10% of total raised to Beneficiary Partner of Choice

Freedom Of Speech would like to thank all of our families, friends, supporters, and the many citizens and businesses of New Albany who have donated hundreds of dollars for the Center for Women and Families and Mayhurst.

We would also like to thank the many citizens who went door to door collecting donations!

Those nickels, dimes, $5, $10, $20, $50 and $100 bills sure add up fast.

Freedom Of Speech exceeded all of our expectations!

Thanks Again,
Freedom Of Speech Staff

We invite our community to walk, run, raise awareness, raise funds, and to celebrate the spirit of possibility!

footnote: Freedom Of Speech would like to also dedicate this race "In Loving Memory of Evelyn M. Cook" of Louisville who passed away Thursday June 19, 2008, mother of Richard and Susan Johnson.

Our Deepest Sympathy goes to the entire Johnson Family.

"Same SHIT...Just a DIFFERENT Year"

Don't you just love it when you pick up your daily Tribune and the article says...New Albany council asked to appropriate $1 million - New Albany seeks to simplify spending.

"Sounds like a scam to us" - what do you think?

Sure sounds like the past when England was in office before. Doesn't this mayor ever have enough of our money?

He has the same controller Kay Garry and the rest of his buddies around him. It was interesting when going over one of his green bars we came across a very interesting name.

Freedom Of Speech would really like to know why John Mattingly was cut a check for $2,900.00?

When you think things can't get much worse you read about more appropriations brought to our council.

First of all who brings a resolution before our Council this coming Thursday for a million dollars without even giving a good reason why they should appropriate this million dollars.

Hey, President Jeff, don't you need to question this one?

"Deputy Mayor Carl Malysz and Controller Kay Garry stated: that the administration is asking for the money to be appropriated now so officials can act quickly if funding is needed, not that they have any specific projects in mind."

They just can't wait to get their grubby hands on the $1 million. Who do they think they are kidding?

They have NO APPROVED 2008 Budget.

They have only one interest and that is to bankrupt our city.

Yes, we said it...you are spending our taxpayer dollars on raises and new cars. You are letting auxiliary people fill up their cars with gas at the station, compliments of New Albany taxpayers.

England has our Street Department Staff alternate days off when there is a neighborhood clean up. That is why they don't have time to pick trash items up or time to fill potholes because they are too busy with neighborhood associations.

Our garbage contracted company has "breached their contract" by not picking up what the contract agreement states. Now we know why the street department is complaining about not enough time and men to get the job done.

This administration has violated so many laws and our so called council is not even smart enough to realize they are going to be the ones blamed for England's mess.

You, Mr. England can always say: well the council approved it...right?

Then, we read Ron Carroll your "legal advisor" might hold off on saving us $1.5 million on the land for a new sewer plant.

Is this the same land John Mattingly owns on Hwy. 111?

What does simplify mean?

Webster definition of simplify is: a. to reduce to basic essentials b. to diminish in scope or complexity.

Surely Mr. Kaukas this was a misprint.

And BTW is Mr. Ron Carroll still working for free?

Isn't he the man who is the current President of the Board for Hughes Group?

Our next concern is this resolution way of doing taxpayer's business.

Do you taxpayers realize how many Resolutions England has rushed through since taking office?

Our question is what's the rush Doug?

Don't you think with Malysz having 30 minute work sessions they can truly understand what the hell you're all trying to pull?

After attending the last work session on TIFS and seeing Malysz spoon feed our council WE collected a nice cold case of Coors on a bet saying "this guy Malysz can talk for hours" and not say a damn thing!

Thanks Carl...

Then we have good OLE Messer being quoted as saying:

His concern is the "Police Department and Street Department."

Isn't this a "Conflict of Interest" Councilman Messer?

Freedom Of Speech feels you should abstain from voting on Police issues.
Again, we have selective enforcement, selective billing, and selective property taxes, in fact everything in this town is selective!

As we say:

" Same SHIT Just a DIFFERENT Year"


NEWS FLASH:

11:19 pm: Courier Journal on line Reports: England pulls his request for Ordinance for $1 million in Riverboat money. Sewer Board delays their decision to recommend "Sewer rate increase to Council."

"Smart move Doug..."

ENGLAND IGNORES ANOTHER PROBLEM!

2007 City Overtime:

January ....... $52,008.21

February...... $44,850.14

March ......... $53,806.09

April............ $69,506.46

May ............ $69,893.33

June ........... $73,122.19

July ............ $67,279.93

August........ $70,823.93

September.. $73,472.22

October...... $96,132.50

November...$63,108.91

December.. $55,944.43

Source: Kay Garry Controller

If these amounts were spent as listed for City staff overtime in 2007, then, it is a fact there is a shortage of City employees. England should be giving more attention to this overtime problem before he spends millions to change one-way streets to 2 way streets.

FINDING THAT PERFECT CARD

"For more than 90 years "Hallmark" has designed greeting cards for life special moments.

I'd like to rant about the four issues I have with store-bought greeting cards, like those produced by Hallmark in the millions.

The first is the price. On average, $4-$5 for a folded piece of a card with a stock photo and humdrum messages seems just a little overpriced to me.

Second, the messages themselves are so generically impersonal some times, I have a hard time believing you couldn't write something better yourself that's really from the heart. That's why, if I am absolutely in a rush and have no time, I'll buy a blank card and write the verse myself.

Third, the printing of the price on the back of the card, I know, I'm not cheap. But it's the first thing people look at when they're shopping for cards. It's kind of a "yes, I like that person...but only enough to buy this $5 card."

That person casually glances at the back of the card you do buy and says "hmm, they like me...I'll be moving them up my blackberry speed dial list."

Finally, it's the occasions now available:

* Congratulations on taking the toll road this morning

* Sorry to hear your ex-wife got remarried

* You had your bladder removed, and your on the mend... here's a bouquet of flowers and a box of depends

* Happy Vasectomy! Hope you feel zippy
"Cause when I had mine, I got real snippy "

* Your computer is dead, it was once so great...
Don't you regret installing Windows "98?"

* You totaled your car, and can't remember why...
could it have been that case of Bud Dry?

* "As you grow older, Mum, I think of all the gifts
you've given me. Like the need for therapy..."

If you can think of it, there's a card for it.

Argh... Sorry, rant over!"

Now back to finding that perfect Hallmark Birthday card just for you.

Happy Birthday
Freedom Of Speech Staff