Sunday, May 20, 2007

RIGHT TO USE AGREEMENT

First of all, after reading friday's May 18, 2007 edition of The Tribune article, "Audit sparks squabble" Resident cites missteps; officials say context missing...

Freedom of Speech has now came to the conclusion it's time for the citizens to "Wake up and smell the coffee!!" The New Albany Tribune deserves an award for being a One sided local news paper that will only print what the current adminstration wants printed.

We would like to ask "reporter" Eric Scott Campbell whatever happened to being unbiased and getting to the truth or staying neutral?

It is our opinion, Mr. Campbell your failure to produce complete, accurate and balanced coverage of the State Board of Account 2006 Audit which is a disservice to your readers who depend on the newspaper to print all the facts.

And you Sir, Mr. Campbell have done a greater disservice to Valla Ann Bolovschak a successful business owner, a citizens advocate and taxpayer of New Albany.

Ms. Bolovschak took her time and her courage to bring the 2006 State Audit Report to the council, who were NOT aware of the facts in this report.

Beside that, not all of us can be Garner, beneficiary of the adoration of the local newspaper, when in fact he probably has trouble tying his own shoe laces!

State Board Of Accounts
2006 Financial Report...

Right To Use Agreement - Sanitation Equipment And Facilities

"On December 13, 2005, the City entered into a contract with Clark-Floyd Landfill, LLC. & Eco Tech, LLC for the collection and disposal of residential solid waste and to recycle recyclables for the City.

The contract had a commencement date of January 1, 2006, and required the contractor to provide and maintain all equipment necessary for the collection of residential solid waste and residential recycling.


However, on the commencement date of the contract, the city actually provided to the contractor the use of City owned sanitation trucks, equipment, and the use of a City owned structure.

There was no agreement authorizing the use of the City owned property until a "Right to Use Agreement" was entered into with the contractor on May 23, 2006.

Again, after the fact!

This agreement authorized the contractor to use the City owned property in exchange for the contractor paying the City the sum of $154,700 which is to be paid in 12 equal installments of $12,891.67 beginning in May 2006.

The City did not first seek request for proposals from other contractors for the private use of the City equipment and facility or hold a public hearing prior to entering into this agreement. Minutes from the Board of Works and safety did not contain any information concerning the approval or awarding of the agreement.

Indiana Code 5-23-5-1 states: "Any public-private agreement contemplated by this chapter must require the governmental body to request proposals under this chapter before entering into the public-private agreement."

Indiana Code 5-23-5-9 states in part. "If a recommendation to award the public-private agreement is made to the board, the board shall schedule a public hearing on the recommendation and publish notice of of the hearing..."

Indiana Code 5-23-5-11 states: After the procedures required in this chapter have been completed, the board shall make a determination as to the most appropriate response to the request for proposal and may award the public-private agreement to the successful offeror or offerors.

Source: 2006 Indiana State Board of Accounts Audit Pages 45-46


Freedom of Speech and the taxpayers of New Albany would like to know:
Who, or what City Board approved the use of a city facility by a private firm to operate their private business?

Was a specific rent amount paid to the city from Jan. 1 - May 23, 2006?

How much per month?

When did the private company start paying rent?

Who was or is, paying the utilities?

Electric Bill ?
Gas Bill?
Water Bill?
Sewer Bill?
Telephone Bill?

It appears that this private garbage company got a "real deal" in New Albany.

Freedom of Speech would also like to know:
Why was this 2006 Audit Report not made public until AFTER the primary election?

footnote: Why should Valla Ann have any shame? ... She didn't steal our money!