PART 2 ~ DOES NEW ALBANY HAVE A FLIM-FLAM MAN IN CHARGE?

We hope our readers had an opportunity to rent the movie the Flim-Flam Man.

Another exciting week in our City of New Albany.

It seems to us after reading this weeks Tribune and attending Thursday's Sewer Board meeting we are even more convinced we might have a Flim-Flam Man in charge of our city!

We guess you have all been reading on line about a 70% Sewer Rate increase.

First, we want to refresh you on what is going on and who said what first.

January 28, 2010 by Daniel Suddeath of the Tribune.

"The utility [sewer] is supposed to budget two month's worth of operating expenses, but currently has a $2.7 million deficit in its operating fund balance."

"That means the sewer board needs to pay $900,000 a year for the next three years to balance the operating fund."

"It also has to pay $700,000 each of the next two years to satisfy a bond anticipation note."

"Skomp said a payment of $960,000 will have to be made to the sewer bond and interest account by Match 1 to satisfy SRF agreements of the Indiana Wastewater Revolving Loan Program."

"Additionally, New Albany owed about $1.6 million in outstanding claims as of January 6. According to Skomp's report the utility has a $5 million in debt backed by what Skomp defined as junk bonds that lost their rating after being secured by the city. That basically means the sewer fund would have to come up with about $5 million to take on new loans, if the state agrees."

First we would like to say to Daniel Suddeath, we think you are an excellent reporter, but we found out you have been mislead...again!

The schedule of unpaid Sewer Claims being held as of January 6, 2010, is $1,669,419.55 not the about $1.6 million you were told.

"At this point Daniel we have to count our nickels and dimes!"

We also attended the Sewer Board meeting this past Thursday and were very shocked to not only hear this report by Skomp of Crowe Horwath, but to see Greg Fifer as the new Sewer Board Attorney.

What the hell were you thinking Mr. England, when you hired Greg Fifer?

Is he the one who cooked the books for Regina Overton?

It seems to us we all better get down on our knees and start praying for EPA to send a criminal investigator in and that EPA will take over our sewers!

January 29, 2010 by Daniel Suddeath the Tribune

"But Councilman Dan Coffey isn't interested in waiting. He said he doesn't trust the sewer board and wants a private review of the utility."
chant: "We want an audit, we want an audit, we want an audit!"

Mayor Doug England said "He didn't know why the payments had been missed, but expects the board will get to the root of the problem. "

"Talk about throwing your controller under the bus!"

Another word comes to mind is malfeasance. Just in case you forgot the meaning of malfeasance:

"Misconduct or wrong doing, by a public official." Those are grounds to remove an elected official from office!"

Our first question is:

* Where is the money?

* Why did the Sewer Board just now bring this issue to light?

* Why do we not have two council members sitting provide more public review?

* Why does the Mayor appoint all 3 Sewer Board Members?

Our theory is this:

This looks like it pertains to the "old" money. They mention the bond anticipation note [BAN], which should be for work already done, but we don't think this 70% even includes the Bonds that will be needed for the NEW Additional work needed for the NEW Capacity Assurance Plan!!!

The $1,669,419.55 claims not paid were carried over from 2009 to 2010 because this administration continues to mismanage our money and did not have the money to pay the bills.

Mr. England and Mrs. Garry know better than to mess with [SRF] State Revolving Funds. That's Federal and our understanding from EPA is that it is criminal to use the SRF funds improperly.

We have the 70% sewer rate analysis for our readers:

Typical Monthly Bill Analysis "Inside" City:

Cubic Feet....Proposed Charge..Difference

100................$17.14..................$7.06

200................$17.14..................$7.06

300................$25.71..................$10.59

400................$34.28.................$14.12

500................$42.85.................$17.65

600...............$51.42..................$21.18

700...............$59.99.................$24.71

800..............$68.56.................$28.24

900..............$77.13..................$31.77

1000............$85.70.................$35.30

1,100...........$94.27..................$38.83

1,200..........$102.84................$42.36

1,300..........$111.41.................$45.89

1,400..........$119.98................$49.42

1,500..........$128.55................$52.95

1,600..........$137.12................$56.48

1,700..........$145.69...............$60.01

1,800..........$154.26...............$63.54

1,900..........$162.83...............$67.07

2,000.........$171.40................$70.60

Typical Monthly Bill Analysis "Outside" City:

Cubic Feet...Proposed Charge...Difference

100..............$25.72...................$10.60

200.............$25.72....................$10.60

300.............$38.58...................$15.90

400.............$51.44...................$21.20

500.............$64.30...................$26.50

600.............$77.16....................$31.80

700.............$90.02...................$37.10

800.............$102.88.................$42.40

900.............$115.74..................$47.70

1,000..........$128.60.................$53.00

1,100...........$141.46.................$58.30

1,200...........$154.32.................$63.60

1,300...........$167.18.................$68.90

1,400...........$180.04................$74.20

1,500...........$192.90................$79.50

1,600...........$205.76................$84.80

1,700...........$218.62.................$90.10

1,800..........$231.48.................$95.40

1,900..........$244.34................$100.70

2,000..........$257.20................$106.00

Source: John Skomp of Crowe Horwath

Our final thoughts:

How long must we wait...how long should we sit back and permit Douglas B. England to rape our senior citizens, ratepayers of their hard earned money and bankrupt this city before we take action?

At the least, fire a shot across his bow...a shot that will be heard around our City and Floyd County and send Douglas B. England a clear and unmistakable message that he does not have the right or "carte blanche" to mismanage our $$$$$$$!

Contact: Mayor Douglas B. England
Phone: (812) 948-5333
email: mayor@cityofnewalbany.com

Email or Call our 9 Council members at:

John Gonder - jdgonder619@gmail.com
Dan Coffey - mcnain2@netzero.com
Patrick McLaughlin - pat4na@insightbb.com
Jack Messer - j.messer278@insightbb.com
Kevin Zurschmiede - zursch@msn.com
Robert Caesar - diamonds@endrisjewelers.com
Stephen Price - 941-9032
Diane Benedetti - 945-6240
Jeff Gahan - gan2020@insightbb.com

As the late former President Ronald Reagan once said, "If not us, then who, if not now, then when!"

IS THIS GUY FOR REAL?

It was one of the worst State of the Union address in modern times. What made the speech a bit bizarre, and somewhat alarming, is how detached from reality the president is.

He wanted to cast himself as an idealist, an inspirational figure, Mr. Hope and Change!

Albert Einstein once gave the following definition of insanity: "doing the same thing over and over again and expecting different result."

Obama is so out of touch with reality and the American people.

Can we really believe that Obama will lead the USA to it's former greatness?

It's very telling when during his State of the Union address, Obama used the "I" word 89 times and the word "WE" 36 times...he just doesn't get it!
This is not about him it's about the American people - you work for us!

It now appears after speech of meaningless words and no substance we are headed for "Romper Room 11."

1. Open government - FAILED - more pork and earmarks. Deals cut behind closed doors.

2. Bi-Partisan Government - FAILED - has Super majority (60 votes) and decided to ram whatever he wanted down everyone else's throat.

3. Open Health care Negotiations - Said he would broadcast this live on CSPAN. FAILED - all deals done behind close doors with no bipartisan support.

4. National Security - FAILED - been spending all his time on government takeover and forgot we are at war.

5. Jobs - FAILED - has done nothing. He's completely out of touch with small business and the real working world. Tried to buy union votes will healthcare deal.

6. Stimulus - failed - very little spent and no real impact.

7. Leadership - FAILED - Keeps campaigning instead of leading. Needs to focus on the real issues and get something accomplished.

8. Bank Bail Out - FAILED - banks used our $$ to buy other banks and make more risky investments. What he is not telling you is the reason the banks got in trouble in the first place is due to a push by government to make home loans to those that could not afford them.

Guess Mr. Obama is finding out the job he has now is more difficult than being a Senator.

He can't just vote "present" when a tough decision has to be made!

This "progressive BS" is about to come to a end. Change WE can BELIEVE in!!!!!

For all you morons that voted for his Hope & Change we really hope you are suffering just as the majority of America is!

footnote: Go to YouTube and watch "The Fall of a Republic." It's a real eye opener!

HOOOO RAH ~ MAIL CALL...

So much for the 60 vote super-majority in the Senate. Now we have 41 to slow them down. A year ago, would you have taken a bet that Kennedy's seat (the People's seat) would go to a Republican?
Interesting times!

New York, New York by Frank Sinatra

Scott Brown's in the news
They're reeling still today!
He has the people's seat to fill
For us! Forty-one!

That Kennedy chair
Belongs now to us
He'll step right in the thick of it
For us! Forty-one!

I saw we "Woke Up" on a bastion
Of Liberal votes!
To find him riding his truck - Oh!
Feeling his oats!!

My Teddy-town blues
Are melting away
Gonna make a brand new start of it
He's Forty-one!
If we can win it there
We'll make it anywhere
It's up to you! Scott Brown
Forty-One

Forty-One! Forty-One!

We want to wake up that old city
That's filled with crooks!
To take on kings of the Hill
Cooking the Books
Seats can't be bought
Just stop the deals!

My Washington Blues
Are melting away
We're gonna make a brand new start of it
With Forty-One!
Of we can stop it there
We'll save our dreams I swear
Come on, come through Scott Brown
Forty-One!

In God We Trust
Have a Great Day and a Better Tomorrow

Signed,
Mrs. Patty

Part 1 ~ DOES NEW ALBANY HAVE A FLIM-FLAM MAN IN CHARGE?

One of our favorite all-time movies is the "Flim-Flam Man." If you haven't seen it in awhile or never, we suggest that you go out and rent it ASAP.

You may be asking yourself, what are we talking about, what is it that we are leading up to?

Have you read our local Tribune over the last few weeks or did you attend last Thursday's Council meeting?

There are several "red flag" issues that we want to present to our readers.
So, sit back grab a steaming hot cup of coffee and see what we have in store for you.

The first issue that got our attention big time was:

New Albany City Council In Need Of A Full Time Attorney?

" Since November, the council has been without legal representation after Stan Robinson stepped down as City Council Attorney."

If approved on three readings, the ordinance would establish a full-time City Council Attorney position to be paid $40,000 annually.

Here's where the "red flags came flying out" in our local newspaper.

Let's see if you agree:

* 'The Council Attorney would represent the body at regular meeting held by administrative boards such as Stormwater and Sewer Utilities, as well as the Board of Public Works and Safety and other committees."

* Councilman Bob Caesar, the sponsor of the ordinance said: "Their loyalty is to the nine members of the Council."

* "Caesar said the Council is divided in whether approving the money (for flood victims) would "open up a can of worms" for future legal action against the city."

* "We really need to be more forward thinking and not just reactionary," Caesar said.

Holy crab cakes, are you believing this shit?

Hey Caesar, were you reactionary when you voted yourself "healthcare" when other part time city employees don't get healthcare?

Our staff took several days to research this issue and attended the recent council meeting.

You will be shocked at what all we found out!

* Each New Albany Board selects and pays a salary for their own Attorney or they use the City Attorney, Shane Gibson.

So, why do we need to spend $40,000 for a full time City Council attorney when we only need $14,000 a year to pay a part-time attorney who also receives $11,000 a year contingency funds?
[Total equals $25,000. in the Council budget.]

Mr. Caesar, we would like to know if you were so concerned about opening a "can of worms" why did you and 7 council members "vote" for the $400,000 appropriation?

Who provided the legal advice to the Council to help you all make this $400,000 decision?

We here at Freedom Of Speech just love hearing from our readers and we wanted to share an interesting e-mail with you over the "City Council Attorney" issue.

It only gets better, wait until you read this:

January 21, 2010 @ 4:19 pm

(Citizen of New Albany):

I am the corporate counsel for the entire City of New Albany. In that capacity, I represent and advise all of the departments and boards which fall under the umbrella of the City. It is my office that makes the final legal decisions with respect to these departments and boards.

However, I do not represent the New Albany City Council as a body itself. My office has offered services to the City Council members which have been used sporadically throughout the 3 years.

I hope this answers your question.

Sincerely,

Shane L. Gibson
New Albany City Attorney
311 Hauss Square, Rm. 316
New Albany, IN 47150
Telephone: 812-948-5333
Fax: 812-948-1596
email: sgibson@cityofnewalbany.com

If we have the correct information, Mr. Gibson is paid $150,00 by the city.

Freedom Of Speech would like to say:

The Citizens of New Albany deserve a better Council and an Administration that is accountable to the taxpayers.

We challenge our local newspaper and 9 council members to check this out.

Someone is not doing the job we are paying them to do!

Is this a "Gotcha moment" or just a "Flim Flam Man" wanting to appoint someone as Council Attorney as a political favor or who has a personal agenda and lots to gain from this?

We encourage all of our readers to e-mail or contact our 9 council members and ask then "What in the hell is going on here!"

Ask them who do they work for: Mayor England, our us citizens.

This is NOT just nickels and dimes...taxpayers, it's your money!

Footnote: "If you thought this was good wait until you see what else we have in store for New Albany's "Flim-Flam Man...in Part 2."

THE OBAMA WAY...

A year ago, Obama was the most charismatic politician on earth. Today the thrill is gone, the doubts growing -- even among believers.

Obama and his cronies have underestimated how people, who are use to freedom, will react when freedom is jeopardized.

His agenda of taking over the private sector has frightened Americans into action, and his weak national security performance has just plain frightened Americans.

Has the public noticed how the media commentators, radio and TV, just love using the word "unsustainable" when discussing or debating government policies or spending?

Government politicians can lie to some of the people all of the time, all of the people some of the time. But they CAN'T LIE to all of the people all of the time.

What you should be concerned about, who is really running the White House?

Jarrett, Emanuel, Axelrod, Soros, Czars et al and the elitist.

What are these busy bee's doing inside that trojan horse, while everyone has their eye on Obama?

We have communist, socialist in our White House, dismantling our country!

We are a nation in distress. We have been hijacked by a group of elitist who have set the stage, their time has come, you fell right into it.

Yes, they are intentionally, manufacturing this crisis, on all levels.

Saul Alinsky, Cloward Piven, google it...if you don't believe us!

Approx. 2 million American, Tax paying citizens, Marched on DC, peacefully to be heard.

Obama left town.

A handful of Union leaders show up, get an audience, the end result being, We the People get stuck with the "cadillac" health care bill via more taxation.

The problem with the Stimulus is that the money was not spent on improving the infrastructure. Everyone uses bridges, roads, and sewer systems.

Obama's punishment of the banks, who despite their actually paying back the money to the American taxpayer, with interest, for the role they played in the Housing Bubble Crisis is not "regulation" it's unconstitutional.

The fact that the Auto Industry and Fannie & Freddie are exempt from these new taxes is massive hypocrisy on an unprecedented scale. Fannie & Freddie and the Auto Industry DID NOT pay back their loans from the taxpayers and not one word of criticism was leveled from the Obama administration at them for handing out bonus.

To single out particular companies or individuals to be taxed, especially in a punitive manner is known as a Bill of Attainder and is strictly forbidden by the Constitution of the United States, Article 1, Section 9, paragraph 3.

The fact that the Democrats are going out of their way to create a narrative that it was Wall Street [and ONLY Wall Street] and lack of regulation that was responsible for the economic crisis is not only unethical but it is criminal.

This is an outrage!

Why these people are allowed to continue destroying this great nation, is a travesty and beyond belief.

Why no one has stopped it, is incomprehensible.

The real problem with Obama and this congress is the blant disregard for the laws of our land, specifically our Constitution for the United States.

The bottom line is this:

If we ARE a federal republic based on law, then almost everything Obama and Congress is doing is against the law, and we have a legitimate reason for referring to this administration and this congress as outlaws - because that's what they are!

Our final thoughts:

Obama blamed the loss of the Massachusetts Senate seat on Bush. He said, "the loss of the Senate seat isn't just concern over anything that's happened in the past year, but it's anger over what's happened the last 8 years."

The election was a referendum on Obama. on health care reform, and the Democrats underestimated the public's anger over the economy, and the plain old arrogance in Washington.

Point the finger at "Change you can believe in!" with no transparency, the public buting-off of key Senators and a rush to process this hugh bill with no time for public education and discourse.

"We the People" recognize snake-oil when we see it. The democrats have no one to blame but themselves and their "snake oil" salesman of a leader.

Come join Freedom Of Speech on April 15, 2010, March on the White House!

MR. BROWN 41 GOES TO WASHINGTON...

Don't let anyone convince you that Scott Brown's victory in Mass. isn't anything but monumental. This is a bodyblow to Obama, Pelosi and Reid. agenda and a repudiation of of the course on which the President has put our nation.

At the same time, beware those Republicans who claim this victory as theirs.

Until a few weeks ago the RNC wasn't even really dialing into what was happening in Massachusetts.

It wasn't so long ago when certain GOP elites were quietly turning their noses up at the raw raucous energy of the Tea Parties. Make no mistake about it--were it not for the tea parties and townhall events of last summer, healthcare would have passed long ago and you probably would have never heard of Scott Brown.

He saw an opportunity, respected the will of the people and ran a great campaign--a classic American success story.

Now it's time to roll up our sleeves and take back our power from the other political frauds who are destroying what we love about America.

Congrats to Sen. Scott Brown and to all you across the country who helped him!

GREAT SCOTT!

He did it!

The first of many battles has been won...the revolution continues.

The American Uprising has begun...will you be part of it?

Join Freedom Of Speech on April 15, 2010 in Washington DC, we hope you join us and attend the "March on the White House."

"Question with Boldness. Hold to the Truth, and Speak without Fear!"

CAN BROWN PULL IT OFF?

Who ever thought they'd have to put well over a million dollars or more into a state like Massachusetts, particularly when they're looking ahead at competitive midterms?

They really underestimated the intensity of the voters in this race, and they underestimated the potency of the health care issue.

The polls showed 51 percent of likely voters opposed the health care bill, and 61 percent worried that the country can't afford it!

The fact the race is sooo competitive at this late date must have Democrats scared to death and despite Barney Frank's "ridiculous" claim.

We suspect Democrats have the SEIU and ACORN hard at work.

Candidate Brown stated it best when he said:

"It's not Ted Kennedy's seat. It's not the Democrats seat. It's the people's seat!"

Brown has promised to be the 41 vote AGAINST Obamacare. Clearly the entire Obama administration has to know the Obama Presidency very well will sink or swim on this election!

EXPANDING TIF'S & TIF CONFUSION...

After reading the January 5, 2010 Tribune Page 4 comments by Councilman Jack Messer:

Councilman Jack Messer agreed with Malysz that Coyle Dodge should be in a TIF District regardless of it's future use. It gives us money NO matter which way we go he said."

Does Mr. Messer think that TIF is a "pie in the sky" balloon filled with "thousand dollar bills?"

If Coyle Building is bought by the city, then NO property taxes will be collected and Mr. Messer's balloon will be empty!

We had to laugh...this is the same guy [Messer] who plans to run for Mayor against England in 2011!

Should they be called "Dumb and Dumber?

The current economy is too shaky to have expanded TIF areas.

Let alone thinking of float any more TIF Bonds. If more New Albany TIF Bonds are issued, the debt payment could fall on the backs of the property taxpayers.

Have you ever heard the ole saying "Buyer Beware"...don't buy Councilman Messer's and Mr. Director of Development "crap" taxpayers.

They are laying the ground work for more bonds!

Does this surprise you?

Malysz has stated in the past, "I think it's a false conclusion to say that TIF districts cause any fiscal harm to the taxpayers."

Boy, you sure haven't done your homework Mr. Director of Development

You need to pick up the phone and call the following people because we did:

* Charlie Pride: 317-232-2521 State Board of Accounts

* Gail Snyder: 317-407-2433 Indiana Department of Local Government for Floyd County

Where is this guy coming from?

We're actually paying him about $93,000 for these misleading statements and bad decisions?

Good grief?

Let's cut to the chase...shall we?

Malysz, let's give the taxpayers and our Council members some truth for a change.

Malysz has stated that there are 5 TIF sections in the city. We count 10 TIF Districts, not 5.

1. Downtown TIF

2. State Street Area TIF

3. Grantline Road TIF

4. Park East TIF

5. Charlestown Road TIF

6. Add on to State Street TIF

7. Add on to Grantline TIF

8. Add on to Downtown TIF

9. Main Street - Scribner Place TIF

10. Monon Corridor TIF on Grantline Road

Are we correct Mr. Director of Development?

Let us educate you on TIF's:

Tax Increment Financing [TIF] is an area with designated boundaries [like a circle] drawn on a city map and labeled as a TIF area. The taxes in that TIF area are frozen at the time the TIF area is approved. The current property taxes continue to go into the City General Fund and to the other entities [Schools, County Government and Library].

As new development is made on that plot of ground, those "new taxes do not go into the City General Fund" or to other entities [NA-FC Schools, Floyd County Government and NA-FC Library].

All those new taxes on the "new development go into an account for that TIF are only" for use in the TIF area for improvements such as roads and sewers.

That new money does not go to our City General Fund.

The need for extra Police and Fire Protection is increased, but new additional money does not come out of the TIF district. So the City Council has to find other ways to pay for all the extra services needed in those TIF areas including .

This may need to be done by cutting back on all departments throughout the city.

The burden of paying for the additional services is shifted to the other taxpayers!

With too many TIF areas, the who city could suffer because services are spread to thin and there is not enough money to sustain them. The "new tax money is gone" that could have been used for New Albany's General Fund Services.

Source: Indiana Department of Local Government Finance.

Freedom Of Speech would like to say:

* All Developers should pay for the Public Improvements they need to construct their own projects.

What Messer, Malysz and Mayor England don't get is this:

"The State Street Parking Garage TIF Fund still owes our EDIT Fund $3.6 million. If this $3.6 million was repaid to EDIT, those FUNDS could be used for Stormwater repairs and Sewer repairs and solve our overflow and flooding problems."

"Sewer repairs and Stormwater problems should be Messer's, Maylsz and England's No. 1 priority!"

We are NOT against growth.

What we property owners. don't understand is why we are being lied too.

Why can't Messer, Malysz and England look the citizens in the eye and tell them TIF's affect property taxes. New tax dollars collected in TIF Districts are restricted and are NOT used to help hold down property tax rate.

Tax abatement's also affect property taxes but most of all local government spending affects our property tax bills.

Should TIF's be considered Corporate Welfare?

Should Developers pay for the needed infrastructure, themselves?

"Absolutely!!!!"

The bottom line is this, who are you going to believe property owners: Indiana Department of Local Government Finance or Mayoral candidate Messer, and the England administration on TIF's?

Our final question is this:

Governor Daniels stated he has to cut $3 million from the School Budget. Recently it was reported to be $6.6 million in cuts for Floyd County Schools.

If the TIF Districts are affecting our City General Fund, then, Schools and Libraries will be affected.

Will we have to close some schools?

COMPUTER INTRUSTION...[i.e. hacking]

You should have known that only the United States Government can hack into accounts of citizens without a warrant.

"Hacking is breaking into computer systems, frequently with intentions to alter or modify existing settings."

The proper authorities have been notified.

You could face a maximum of five years in prison, plus a $250,000 fine.

Are you really that dumb?

But, most of all we do appreciate your interest in what we have to say here at Freedom Of Speech!

Freedom Of Speech Staff