Sunday, July 30, 2006


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

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



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.


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


Resident claims she sees evidence of misspending.

Absolutely Priceless!

Friday, July 28, 2006


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


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



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


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.



₤ 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


₤ 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?)


₤ 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

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

Sunday, July 23, 2006




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: 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.

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


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


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:


2.01 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!


3.01 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


GRANTEES: New Albany Redevelopment Commission (Commission")

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



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


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


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.

John E. Reisert

Jeff Byrne

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


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



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.


(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


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



150.101 (C)

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)

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)

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


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.


Civil City of New Albany,The City Council.


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


"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:"
posted by The New Albanian @

Thursday, January 06, 2005

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...