Top Ten List: Shit our Democrats say, or "The Top Ten Reasons Why It's the Hospital Sale, Stupid."

In 2016, Floyd County government officials, most but not all of them Republicans, approved the sale of Floyd Memorial Hospital, now known as Baptist Health Floyd.

Denied a $$$piece$$$ of the action, and as ever conveniently ignoring the fact that the city of New Albany is located within the county of Floyd, municipal Democrats have since become disturbingly prone to shifting any discussion whatever -- about public policy, private behavior or the best ribs in town -- to whining about the county's sale of the hospital.

Following are NA Confidential's Top Ten Reasons Why It's the Hospital Sale, Stupid.

10. We had to flip sides and subsidize the Summit Springs Luxury Mudslide Strip Mine Fun Park, give sewer tap-in waivers to wealthy Indy developers for the Break Wind Lofts at Duggins Flats, and strong-arm millions of dollars from the Horseshoe Foundation to spread around town like Jolly Ranchers ... all because of the hospital sale.

9. Once the dastardly Republicans sold the hospital, we had no choice except to take over the housing authority, give David Duggins a raise, evict the residents and demolish their homes. In fact, Duggins was so depressed about the hospital sale that he went to Keeneland for contractor therapy.

8. We had to paint anchors on every stationary object (and probably a few squirrels). Republicans sold the hospital, you know, and anchors are a well-known symbol of resistance.

7. If not for the hospital sale, we wouldn't have found it expedient to accuse Al Knable of crimes against humanity as they pertain to insignificant comments about separate 9-1-1 emergency call centers.

6. We had to spend $10 million on a new luxury city hall because after all, the damn Republicans sold the hospital out from under us.

5. Susie said if the hospital hadn't been sold, there'd have been no need for the school referendum we supported.

4. C'mon, face it, any Democratic city recoiling from the horror of Republicans selling the hospital would understand why we transformed a revolutionary two-way street grid modernization plan into just another pay-to-play, vote-buying, shoddy-ass downtown paving project.

3. Yes, it's true that when we split the city-county parks department, built a veritable Titanic of water parks and added $3 million yearly in parks and recreation budgetary outlays, the hospital had yet to be sold, but Adam said we were just being pre-emptive.

2. Why would anyone want to see Bob Caesar's sacred Bicentennial Commission financial records when the Republicans sold that hospital?

1. If Jeff Gahan doesn't get re-elected, and if Democrats don't retain control of the city, so many heads are going to roll, and so many loyalist beaks will be cruelly denied their traditional wetting, that the hospital sale's going to seem like chump change by comparison. Consequently, if yelling "Remember the Hospital Sale!" helps Democrats hold power, it saves us the trouble of asking Comrade Putin to hack the election results ... in return for the hospital.

Odd, but Jeff Gahan uses "his" city government Facebook page to attack fellow DemoDisneyDixiecrat Chuck Freiberger for illegal coal ash dumping.

But hasn't Chuck Freiberger, who was one of three county commissioners at the time of the coal ash dispersal scandal, always been loyal to the local DemoDisneyDixiecratic party machine?

And isn't the city's Facebook page supposed to be devoted to information, not partisan politics?

Following up: "An Indiana county is paying a steep price for burying toxic coal ash." That's us, folks.

It transpires that Wile E. Gahan, Genius, is so eager to score political points against current commissioner, future GOP mayoral candidate and next-door neighbor Mark Seabrook that he's (a) deploying the taxpayer-funded city government Facebook feed as a blunt political instrument, and (b) throwing former commissioners Freiberger and Steve Bush under the bus along with Seabrook.

The meme from the mayor's minions doesn't specify which one, so we must assume all of them, right?

As for Seabrook's candidacy, someone might remind Exalted Leader that he has a party primary to win first — but his opponent(s) next May probably will be targeted as well.

Increasing numbers of observers can see where the biggest lump of toxic but excessively remunerated waste currently resides, this being in Gahan’s third floor bunker.

When Trump does things like this, y'all get angry. Why is it suddenly okay when Gahan indulges his inner thug?

Here is the Facebook post.

The dumping of hazardous materials by Floyd County Commissioners has forced the city to close the impound lot.

Mayor Gahan ordered the lot closed last week after the property owner informed the city of the hazardous contents at the dump site. The lot will remain closed to protect the public and the City of New Albany employees until further notice.

All releases of vehicles will still be coordinated through New Albany Police Department Headquarters.

Following up: "An Indiana county is paying a steep price for burying toxic coal ash." That's us, folks.

Kudos to Bob Frederick for keeping this story alive. He went through a fair amount of crap, but today's piece in the CJ has to feel like vindication for him.

November 16, 2016
Floyd County government and illegal dumping: Who knew, and when did they know it?

March 12, 2018
Impound cinder remediation questions: "Floyd County government and illegal dumping."

Here it is.

An Indiana county is paying a steep price for burying toxic coal ash, by Grace Schneider (Louisville Courier Journal)

If Floyd County officials could do it over again, they’d order their highway crews to scoop up a massive mound of coal ash and haul it back to Louisville.

Instead, taxpayers in the Southern Indiana county will have to pay at least $50,000 for a cleanup of 20,000 tons of the toxin-laced black cinders — stuff that ended up on private property in neighboring communities nine years ago.

The ash might have stayed buried for good, but a retired employee who was worried about the ash sickening people blew the whistle on Floyd County two years ago. That led to remediation plans in New Albany and at a farm near Elizabeth, Indiana, where excavations kicked off this month.

Floyd officials say they’re just glad to near the final chapter of an embarrassing episode.

"If it cost $20,000, $30,000, $50,000, the county has stepped up to satisfy the property owners," said Mark Seabrook, a county commissioner. "It was an accidental mistake. We didn't try to sneak these cinders through anywhere" ...

What's the highest elected office attained by an African-American in New Albany and Floyd County government?

Yesterday I was asked a question, and to be honest, I don't know the answer. Maybe a reader does.

What's the highest elected office attained by an African-American in New Albany and Floyd County government?

Neither the questioner nor blog management is interested in the whys and wherefores, primarily because we already understand the overarching context of social and political history in places New Albany and Floyd County.

But I have to admit, it makes me curious. Who's got something?

The politics of diversion: "Chief Bailey is playing a losing hand, but then, they're not really his cards."

Much ado about nothing, Jeffrey. Zilch, nada ... ничего.

New Albany police chief questions motivation for 911 dispatch merger, by Erin Walden (Let Them Eat Fake)

NEW ALBANY — The need for a joint city-county dispatch center in New Albany is disputed by the city's police chief.

Chief Todd Bailey called a news conference Friday, when he accused City Council President Al Knable of telling a falsehood to show a need for a unified dispatch. Bailey also said the push for joint dispatch is political.

In short, another round of made-for-somnolent-media bile and spittle.

Chief Bailey sadly pursued the same contrived attack line at last week's council meeting, hoisting Jeff Gahan's jockstrap like a maypole as the mayor beamed happily from the bunker's shadows, his increasingly nervous appointed minions trotting out to join forces with the remaining jellied Democratic spines on the city's legislative body to sing a rousing chorus of "Job Security Uber Alles."

In an interview following the news conference, Knable maintained there was a call made, but said he believed the error was on his end, not a result of the two dispatch centers. Knable said he did make a call, and turned over his phone records to the chief of police to prove it, but he used Siri to do so. As Knable explains it, he has the New Albany Police Department’s tip line saved in his phone under “911/NAPD,” so when he instructed Siri to call 911, the virtual phone assistant called the wrong line.

By the time he hung up from the tip line, he had assessed the situation and helped the young child, who had been scared and screaming “fire” and "help,” said Knable, adding at that point he realized it wasn’t an emergency. He said he did not make claims of an alarm sounding.

Knable contends Bailey's focus on the anecdote is a distraction from the bigger conversation, merging the two centers and “making sure the taxpayers have the safest, most-efficient system out there.”

“I’m looking to get the chief of police, sheriff, mayor and commissioners to the table,” Knable said.

The fact is that throughout this entire 9-1-1 call center non-discussion, Bailey's professional integrity hasn't ever been questioned, not even once.

Rather, certain Republicans, joined by some like-minded independents and even a Democrat or two, are petitioning for a discussion of costs and potential savings.

Is this also a political position? Yes, just as much as Gahan's benumbed, rote insistence that past county government fiscal turpitude -- a habit of suicide by starvation pioneered not by the GOP but by old-school Strom Thurmondesque pretend Democrats like Ted Heavrin and Larry McAllister -- somehow forms an eternal excuse for the mayor to erect straw men and gather municipal power into a veneer salesman's idea of an unbearably vapid cult of personality.

Another day and another display of petty, time-wasting theatrics by Team Gahan's resident DemoDisneyDixiecrats.

Is this really the best that local government has to offer?

Previously: The devil's in the framing, and it's public safety versus cold hard cash in the discussion about merging city and county dispatch centers.

Impound cinder remediation questions: "Floyd County government and illegal dumping."

The Green Mouse has an update to this story from 2016 (reprint below).

I'm told that Lori Freeman from the Indiana Department of Environmental Management confirms that Floyd County has agreed to remove the cinders from the impound lot in New Albany and take them to Kentucky. The impound lot is inside city limits. Left unanswered is the question of who is paying for the removal. Is Floyd County bonded for this, or will taxpayers foot the bill? And, is there any resonance between these environmental lapses and Mark Seabrook's impending mayoral campaign? This cinder situation doesn't cast him in a responsive light.

Got scoops? Let us know.

---

11/16/2016

Floyd County government and illegal dumping: Who knew, and when did they know it?

The Green Mouse has been working on this one in his fleeting spare time, and the ironies are wondrous, as just today the News and Tribune's chief eulogist Chris Morris honors commissioners Steve Bush and Chuck Freiberger, who retired from office and was defeated in a re-election bid, respectively.

SPOILER: Their names appear in the report below.

But let it be said here first that the two made positive impacts on the county through their action and inaction. They both, for the most part, were always professional and courteous to those they dealt with at meetings, including old reporters. They also answered every question I asked through the years, whether after a meeting or on their own time. They always treated me with respect, and while I know the media is used and played at times by elected officials, I never felt that way with these two.

Oddly, the Green Mouse is told that the newspaper's Morris wasn't interested in pursuing this potentially important environmental abuse story. File under: Things that make you go hmm ...

What appears below, verbatim, is available for public scrutiny at the Virtual File Cabinet of the Indiana Department of Environmental Management's web site.

IDEM Virtual File Cabinet
https://vfc.idem.in.gov/DocumentSearch.aspx
Search Document #: 80370320

There may be a discrepancy in this document, in that the impound lot is located at 1706 and 1610 Hwy 111 on properties owned by realtor Pat Harrison; 1738 is former mayor Doug England's house.

These tangled webs aside, it's fascinating reading. Positive impact? The jury's out on this conclusion, Chris.

---

DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 

INDIANAPOLIS 

INTER-OFFICE MEMORANDUM

TO: Heitkemper Property/New Albany

DATE: 08-31-2016

Impound Lot, VFC File

FROM: Lori Freeman

THRU: Theresa Bordekecher, Chief Industrial Waste Compliance Industrial Waste Compliance

Compliance and Response Branch

Office of Land Quality

SUBJECT: Tempo Complaint # 66455; Green Road and Hwy 11 (.45 mile West), Elizabeth, IN

47117 and 1738 Hwy 111, New Albany, IN 47150

Office of Land Quality (OLQ) Site History:

On August 8, 2016, IDEM received a complaint (Tempo Complaint #: 66455 and 66501) alleging that Floyd County deposited cinders in two locations (one in Harrison County and one in Floyd County). One of the locations was a sinkhole where they allegedly placed approximately 50 truckloads. The complainant also stated that there is a spring approximately .25 mile across the field from where the cinders were placed. On August 12, 2016, Mr. Bob Frederick (Complainant) emailed copies of aerial maps of the “sinkhole” site from 2010, 2011, 2014, and 2012 (see attached). Mr. Frederick indicated that in the 2010 aerial you could see the pile of cinders that had recently been placed at the site.

Inspection Findings:

On August 31, 2016, IDEM staff (Lori Freeman and Theresa Bordenkecher) met with Mr. Bob Frederick (complainant) in Georgetown, IN. Mr. Frederick then proceeded to give background information on the cinder dumping. Below is a summary of the information Mr. Frederick provided verbally on August 31, 2016.

Approximately five years ago, Floyd County was in the process of switching from using cinders on the roads in the winter to salt and needed to remove stockpiled cinders. The cinders were probably fly ash and were obtained from the Jewish Hospital in Louisville, KY. There are two places with cinders and Terry Lawson might know of a third location. One of the locations was a “sinkhole” on Green Road and the other was the Police Impound Lot in New Albany.

Mr. Frederick got several calls about cinders being hauled to the “sinkhole” by citizens five years ago and looked into the issue. Mr. Terry Lawson told Mr. Frederick that he spread and hauled the cinders to the “sinkhole” location. A company called CCE also hauled cinders to the impound lot and county employees helped CCE. Approximately 700 tons were put into the Green Road site and more were placed in the impound lot site. Steve Hall (consultant for the county) and Kevin Fedders (former county employee) were aware of the problem. Mr. Hall said that cinders could be a big problem.

Mr. Frederick claimed that dirt was placed over the cinders in the “sinkhole” but he didn’t know where the dirt came from. Mr. Heitkemper bought the portion of the property with the “sinkhole” where the cinders were placed. Mr. Frederick does not believe that Mr. Heitkemper knew about the cinders. Donna Heinze lives on the corner from the “sinkhole” site and she didn’t know that cinders were bad but Mr. Frederick heard she was now very upset about it.

Theresa Plaiss works for Don Lopp, Floyd County Manager, and she knew about the cinders. Ms. Plaiss stated that they tested the cinders and there was nothing in the cinders. When Mr. Frederick asked about seeing the results, Mr. Lopp came in and said to never talk about it again.

Mr. Frederick believes that someone called the DNR about the cinders and used his name. Mr.

Frederick also thinks someone from the DNR called Floyd County and said they had a complaint. Mr. Frederick didn’t mention the cinders again for about 4 years while he worked for the county.

In addition to the cinders, Mr. Frederick claimed that the county has had other issues in the past. One of the incidents was a fire at the county highway department garage. During the fire, paint cans burst and went to the oil/water separator. Mr. Frederick believes it was pumped out and dumped into a creek. Mr. Frederick spoke with the Fire Marshall about the paint but Mr. Seabrook yelled at him for mentioning the paint to the Fire Marshall. Mr. Codwell ran the pumper truck for the county. Some oil barrels were dumped in a fill site on private property by the county. The fill site was called Hintner’s Dump.

During the conversation with Mr. Frederick, he also provided a list of people who had knowledge

of the cinders, these are:

• Terry Lawson: Former county employee who was involved in loading, hauling, and spreading the cinders, (502) 310-2489,
• Ron Quackenbush: Floyd County Highway Department Superintendent,
• Don Lopp: Floyd County Manager,
• Mark Seabrook: Floyd County Commissioner,
• Steve Bush: Floyd County Commissioner,
• Chuck Frieberger: Floyd County Commissioner,
• Steve Hall: Former consultant for Floyd County with FMSM,
• Kevin Fedders: Former county employee, (812) 285-6476 ext. 2225,
• Theresa Plass: Employee for Don Lopp who stated that they tested the cinders,
• Jeff Thomas: County employee, (502) 523-8564,
• Sandy Dooley: County employee, and
• Cindy (Mr. Frederick was unsure of last name): County highway department employee.

After Mr. Frederick provided the background information, he led staff to the Green Road site. The area where Mr. Frederick stated the cinders were placed was now a corn field (see photo 1). Mr. Frederick stated the “sinkhole” was located near a utility pole labeled as Harrison County REMC pole #E4 106.1. Mr. Frederick then led staff to the fill site he called Hinter’s Dump (540 Old Corydon Ridge Road) to show the location where he stated oil barrels were buried. Information about the fill site was provided to the Solid Waste Compliance section. After viewing the fill site, Mr. Frederick asked us to wait for him at the corner of Old Corydon Ridge Road and Corydon Pike while he obtained a video from Mr. Lawson’s wife. Mr. Frederick stated that the video recorded a conversation between Mr. Jeff Thomas and Mr. Lopp that covered many topics including the cinders.

Mr. Frederick provided a copy of the video to IDEM staff, who forwarded it to IDEM’s Office of Legal

Counsel.

Mr. Frederick then led staff to the impound lot in New Albany. While there, IDEM staff spoke with a New Albany Police Officer who asked not to be named. He stated that he was aware of the cinders and knew that the Floyd County Highway Department kept a large pile of cinders that they  obtained from a hospital in Louisville. He also stated that they county used to receive 3 loads/day from the hospital and that there were approximately 20 tons/load. Mr. Frederick then pointed out some areas where he believed you can see the cinders through the rock cover (see photos 2-4). There was a black material mixed in with the rocks that could be cinders but IDEM staff is unable to verify this by appearance alone. Mr. Frederick also stated that he thinks some of the cinders could have been washed into the river.

After viewing the impound lot, Mr. Frederick then provided some final information to IDEM. Mr. Frederick stated that he believed the cinders at the Green Road site are ~three feet below the surface. He also stated he believed it to be a “closed sinkhole”. He said the “sinkhole” wouldn’t hold water but that he believed the cinders are still there. Mr. Frederick again stated that he is concerned about the drinking water at the Green Road site. Mr. Frederick requested that IDEM staff call Mr. Lawson as he wanted to speak to IDEM.

On September 1, 2016, IDEM staff spoke with Mr. Lawson. Mr. Lawson stated that the county used to have two cinder piles that were larger than the current county salt barn. He stated that he was the one who loaded the cinders into trucks that were taken to the impound lot. Mr. Lawson stated that he didn’t know that they were also going to the Green Road site until a truck turned over on the road to the site. Mr. Lawson stated that he loaded trucks for approximately 1 week and that for three or four days the truckloads were going to the Green Road site. Mr. Lawson also stated that he loaded CCE trucks with cinders and that those trucks were sent to the impound lot. Mr. Lawson stated that the truck was turned over by Kevin Southern and that Mr. Southern still works for the county. Mr. Lawson stated that he was then sent to the Green Road site to level out the cinders. Mr. Lawson said that he didn’t think much about the cinders until he learned that they could be dangerous in large quantities. Mr. Lawson also said that he did not know who put the dirt on top of the cinders. Mr. Lawson also stated that he was told that someone reported that the cinders were going to the impound lot.

Mr. Lawson also stated that Mr. Quackenbush dumped two (300 gallon) oil tanks at the Hintner’s property. Mr. Lawson did not know if the tanks were full or empty.

Conclusions and Recommendations:

IDEM staff was unable to ascertain if cinders were at either location. IDEM staff did see a black material at the impound lot that could be cinders. IDEM staff will be forwarding the information received to IDEM’s Office of Drinking Water Compliance to determine if further action is needed as Mr. Frederick expressed concern about drinking water wells around the Green Road site.

The devil's in the framing, and it's public safety versus cold hard cash in the discussion about merging city and county dispatch centers.

Let's take a quick glance at the calendar.

January 1 in 2020 falls on a Wednesday, meaning that the first city council meeting will take place on Monday, January 6, by which time an electoral comet is likely to have metaphorically struck the local political landscape, scattering the fee-range Nashosaurs and Triceratops Adams, and suggesting that dispatch center unity in the sense suggested by Billy Stewart will be only a matter of scheduling.

I'm not a fan of uni-gov in the broader sense, although my ears remain attentively perched. But it's quite likely that while not a game-changing issue in itself, most ordinary folks sense the merit in the idea of merging this function.

It's also worth noting that the mayor is "waving the bloody shirt" with regard to county government's iniquity. The phrase derives from the decades following the American Civil War.

In the American election campaigns in the 19th century, "waving the bloody shirt" was a phrase used to ridicule opposing politicians who made emotional calls to avenge the blood of the northern soldiers that died in the Civil War.

Since taking office in 2012, the nominally Democratic Gahan often has justified decisions, perhaps most famously the parks department split, on the basis of county (read: Republican-controlled) government's impoverishment-impelled duplicity. In the e-mail reply quoted below, Gahan once again levels this charge, the veracity of which continues to diminish with the passage of time.

Power, folks. Whether the big time or the small pond, politics is about who has power -- and who gets the money deriving from it. The problem for Gahan and his clique is that in this instance, county Republicans have a solid, common-sense argument based on public safety -- which the mayor has answered by talking about money.

Framed in this way, that's an argument Gahan ultimately will lose, probably sooner rather than later.

Floyd County Commissioner favor merging dispatch centers, by Chris Morris (Hanson's Random Ephemera Generator)

Mayor Gahan, however, not a fan

... Floyd County Commissioner Bill Stewart said it's time for both dispatch centers to be merged into one. He said following the recent school shooting in Florida, seconds can mean the difference between life and death.

“Surely we can do that for Floyd County,” Stewart said. “For county police to listen to city calls, they have to change their radio. Can't we put politics aside and get together to have one call center? I propose we do it this year.”

It looked like the merger was going to happen in 2011, but the New Albany City Council defeated the measure 4-4 on final reading. Then-mayor Doug England supported the measure. Current Mayor Jeff Gahan, who was a member of the city council in 2011, voted against it according to a News and Tribune story.

... Gahan's stance as mayor has not changed.

"Given the recent interest regarding these issues at the Statehouse, and Floyd County leadership’s history of not paying their bills and reneging on inter-local agreements, we are not interested in entering into a messy political arrangement with the county," he said in an email response. "Our current model has proven successful in protecting the citizens of New Albany and has the full support of our public safety command staff."

Public forum dates released for "Vision – Floyd County Draft Comprehensive Plan."

This post is about the Floyd County Draft Comprehensive Plan, not the New Albany Draft Comprehensive Plan.

If you want a copy of the Floyd County draft plan, e-mail or message me and I'll forward a copy. For the city of New Albany's draft plan, go here. There'll be more to say about this at a later date, after I've had the chance to see if the comprehensive plans authored almost simultaneously by county and city have any points in common. I advise against holding your breath.

The following about "Vision – Floyd County Draft Comprehensive Plan" is from Don Lopp. I plan to attend the meeting on the 15th, so if any readers decide to go, let me know.

---

Vision – Floyd County Draft Comprehensive Plan has been released for public review and comment. The comprehensive land use plan is designed as a ten (10) year update of the 2005 Cornerstone Floyd County Plan. The County will be accepting public comment through a variety of methods. The County will host four public forums at various locations throughout the community. Also, the plan will be available to review on-line or at the New Albany-Floyd County Library. An additional copy will be available at the Plan Commission office as well for review.

The public can post comment of the County Facebook page or email comments to: Commissioners Office commissioner@floydcounty.in.gov . Comments can also be mailed to: Vision- Floyd County 2524 Corydon Pike Suite 202 New Albany, IN 47150

Public Forum Dates and Locations

Wednesday, February 1 – St. Mary’s of Knobs – Assumption Hall

Wednesday, February 8 – Tunnel Hill – Fellowship Hall

Wednesday, February 15 – Pine View Government Center – Pine View Gym

Monday, February 20 – Plan Commission Presentation – Informational only – not a public hearing

All meetings start at 6PM

Don Lopp
Director of Operations and County Planning
Pine View Government Center
2524 Corydon Pike Suite 202
New Albany, IN 47150
(812) 948.4110

Floyd County government and illegal dumping: Who knew, and when did they know it?

The Green Mouse has been working on this one in his fleeting spare time, and the ironies are wondrous, as just today the News and Tribune's chief eulogist Chris Morris honors commissioners Steve Bush and Chuck Freiberger, who retired from office and was defeated in a re-election bid, respectively.

SPOILER: Their names appear in the report below.

But let it be said here first that the two made positive impacts on the county through their action and inaction. They both, for the most part, were always professional and courteous to those they dealt with at meetings, including old reporters. They also answered every question I asked through the years, whether after a meeting or on their own time. They always treated me with respect, and while I know the media is used and played at times by elected officials, I never felt that way with these two.

Oddly, the Green Mouse is told that the newspaper's Morris wasn't interested in pursuing this potentially important environmental abuse story. File under: Things that make you go hmm ...

What appears below, verbatim, is available for public scrutiny at the Virtual File Cabinet of the Indiana Department of Environmental Management's web site.

IDEM Virtual File Cabinet
https://vfc.idem.in.gov/DocumentSearch.aspx
Search Document #: 80370320

There may be a discrepancy in this document, in that the impound lot is located at 1706 and 1610 Hwy 111 on properties owned by realtor Pat Harrison; 1738 is former mayor Doug England's house.

These tangled webs aside, it's fascinating reading. Positive impact? The jury's out on this conclusion, Chris.

---

DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 

INDIANAPOLIS 

INTER-OFFICE MEMORANDUM

TO: Heitkemper Property/New Albany

DATE: 08-31-2016

Impound Lot, VFC File

FROM: Lori Freeman

THRU: Theresa Bordekecher, Chief Industrial Waste Compliance Industrial Waste Compliance

Compliance and Response Branch

Office of Land Quality

SUBJECT: Tempo Complaint # 66455; Green Road and Hwy 11 (.45 mile West), Elizabeth, IN

47117 and 1738 Hwy 111, New Albany, IN 47150

Office of Land Quality (OLQ) Site History:

On August 8, 2016, IDEM received a complaint (Tempo Complaint #: 66455 and 66501) alleging that Floyd County deposited cinders in two locations (one in Harrison County and one in Floyd County). One of the locations was a sinkhole where they allegedly placed approximately 50 truckloads. The complainant also stated that there is a spring approximately .25 mile across the field from where the cinders were placed. On August 12, 2016, Mr. Bob Frederick (Complainant) emailed copies of aerial maps of the “sinkhole” site from 2010, 2011, 2014, and 2012 (see attached). Mr. Frederick indicated that in the 2010 aerial you could see the pile of cinders that had recently been placed at the site.

Inspection Findings:

On August 31, 2016, IDEM staff (Lori Freeman and Theresa Bordenkecher) met with Mr. Bob Frederick (complainant) in Georgetown, IN. Mr. Frederick then proceeded to give background information on the cinder dumping. Below is a summary of the information Mr. Frederick provided verbally on August 31, 2016.

Approximately five years ago, Floyd County was in the process of switching from using cinders on the roads in the winter to salt and needed to remove stockpiled cinders. The cinders were probably fly ash and were obtained from the Jewish Hospital in Louisville, KY. There are two places with cinders and Terry Lawson might know of a third location. One of the locations was a “sinkhole” on Green Road and the other was the Police Impound Lot in New Albany.

Mr. Frederick got several calls about cinders being hauled to the “sinkhole” by citizens five years ago and looked into the issue. Mr. Terry Lawson told Mr. Frederick that he spread and hauled the cinders to the “sinkhole” location. A company called CCE also hauled cinders to the impound lot and county employees helped CCE. Approximately 700 tons were put into the Green Road site and more were placed in the impound lot site. Steve Hall (consultant for the county) and Kevin Fedders (former county employee) were aware of the problem. Mr. Hall said that cinders could be a big problem.

Mr. Frederick claimed that dirt was placed over the cinders in the “sinkhole” but he didn’t know where the dirt came from. Mr. Heitkemper bought the portion of the property with the “sinkhole” where the cinders were placed. Mr. Frederick does not believe that Mr. Heitkemper knew about the cinders. Donna Heinze lives on the corner from the “sinkhole” site and she didn’t know that cinders were bad but Mr. Frederick heard she was now very upset about it.

Theresa Plass works for Don Lopp, Floyd County Manager, and she knew about the cinders. Ms. Pass stated that they tested the cinders and there was nothing in the cinders. When Mr. Frederick asked about seeing the results, Mr. Lopp came in and said to never talk about it again.

Mr. Frederick believes that someone called the DNR about the cinders and used his name. Mr.

Frederick also thinks someone from the DNR called Floyd County and said they had a complaint. Mr. Frederick didn’t mention the cinders again for about 4 years while he worked for the county.

In addition to the cinders, Mr. Frederick claimed that the county has had other issues in the past. One of the incidents was a fire at the county highway department garage. During the fire, paint cans burst and went to the oil/water separator. Mr. Frederick believes it was pumped out and dumped into a creek. Mr. Frederick spoke with the Fire Marshall about the paint but Mr. Seabrook yelled at him for mentioning the paint to the Fire Marshall. Mr. Codwell ran the pumper truck for the county. Some oil barrels were dumped in a fill site on private property by the county. The fill site was called Hintner’s Dump.

During the conversation with Mr. Frederick, he also provided a list of people who had knowledge

of the cinders, these are:

• Terry Lawson: Former county employee who was involved in loading, hauling, and spreading
• the cinders, (502) 310-2489,
• Ron Quackenbush: Floyd County Highway Department Superintendent,
• Don Lopp: Floyd County Manager,
• Mark Seabrook: Floyd County Commissioner,
• Steve Bush: Floyd County Commissioner,
• Chuck Frieberger: Floyd County Commissioner,
• Steve Hall: Former consultant for Floyd County with FMSM,
• Kevin Fedders: Former county employee, (812) 285-6476 ext. 2225,
• Theresa Plass: Employee for Don Lopp who stated that they tested the cinders,
• Jeff Thomas: County employee, (502) 523-8564,
• Sandy Dooley: County employee, and
• Cindy (Mr. Frederick was unsure of last name): County highway department employee.

After Mr. Frederick provided the background information, he led staff to the Green Road site. The area where Mr. Frederick stated the cinders were placed was now a corn field (see photo 1). Mr. Frederick stated the “sinkhole” was located near a utility pole labeled as Harrison County REMC pole #E4 106.1. Mr. Frederick then led staff to the fill site he called Hinter’s Dump (540 Old Corydon Ridge Road) to show the location where he stated oil barrels were buried. Information about the fill site was provided to the Solid Waste Compliance section. After viewing the fill site, Mr. Frederick asked us to wait for him at the corner of Old Corydon Ridge Road and Corydon Pike while he obtained a video from Mr. Lawson’s wife. Mr. Frederick stated that the video recorded a conversation between Mr. Jeff Thomas and Mr. Lopp that covered many topics including the cinders.

Mr. Frederick provided a copy of the video to IDEM staff, who forwarded it to IDEM’s Office of Legal

Counsel.

Mr. Frederick then led staff to the impound lot in New Albany. While there, IDEM staff spoke with a New Albany Police Officer who asked not to be named. He stated that he was aware of the cinders and knew that the Floyd County Highway Department kept a large pile of cinders that they  obtained from a hospital in Louisville. He also stated that they county used to receive 3 loads/day from the hospital and that there were approximately 20 tons/load. Mr. Frederick then pointed out some areas where he believed you can see the cinders through the rock cover (see photos 2-4). There was a black material mixed in with the rocks that could be cinders but IDEM staff is unable to verify this by appearance alone. Mr. Frederick also stated that he thinks some of the cinders could have been washed into the river.

After viewing the impound lot, Mr. Frederick then provided some final information to IDEM. Mr. Frederick stated that he believed the cinders at the Green Road site are ~three feet below the surface. He also stated he believed it to be a “closed sinkhole”. He said the “sinkhole” wouldn’t hold water but that he believed the cinders are still there. Mr. Frederick again stated that he is concerned about the drinking water at the Green Road site. Mr. Frederick requested that IDEM staff call Mr. Lawson as he wanted to speak to IDEM.

On September 1, 2016, IDEM staff spoke with Mr. Lawson. Mr. Lawson stated that the county used to have two cinder piles that were larger than the current county salt barn. He stated that he was the one who loaded the cinders into trucks that were taken to the impound lot. Mr. Lawson stated that he didn’t know that they were also going to the Green Road site until a truck turned over on the road to the site. Mr. Lawson stated that he loaded trucks for approximately 1 week and that for three or four days the truckloads were going to the Green Road site. Mr. Lawson also stated that he loaded CCE trucks with cinders and that those trucks were sent to the impound lot. Mr. Lawson stated that the truck was turned over by Kevin Southern and that Mr. Southern still works for the county. Mr. Lawson stated that he was then sent to the Green Road site to level out the cinders. Mr. Lawson said that he didn’t think much about the cinders until he learned that they could be dangerous in large quantities. Mr. Lawson also said that he did not know who put the dirt on top of the cinders. Mr. Lawson also stated that he was told that someone reported that the cinders were going to the impound lot.

Mr. Lawson also stated that Mr. Quackenbush dumped two (300 gallon) oil tanks at the Hintner’s property. Mr. Lawson did not know if the tanks were full or empty.

Conclusions and Recommendations:

IDEM staff was unable to ascertain if cinders were at either location. IDEM staff did see a black material at the impound lot that could be cinders. IDEM staff will be forwarding the information received to IDEM’s Office of Drinking Water Compliance to determine if further action is needed as Mr. Frederick expressed concern about drinking water wells around the Green Road site.

Animal Shelter finances: So, what else is Jeff Gahan unwilling to tell us?

Last week, NAC mapped it.

Secrets that they keep: Team Gahan to be sued for non-transparency in county records request.

The county pays its share of animal shelter upkeep to the city, which deposits the money and pays the bills. But the agreement as written is vague as to percentages of the tithe versus actual expenses, and there isn't a dedicated bank account. County money disappears into the city's general fund.

All (Scott) Clark seems to be asking is to see the record of expenditures.

On the third floor, as ever, the wagons are circled. I was among those in favor of the parks department split, on the grounds of county non-support. However, doubts have long since crept into the narrative, and not only because of Team Gahan's TIF-fueled parks spending spree (entirely unmentioned during the 2011 mayoral campaign).

The county has a convincing case in the animal shelter funding imbroglio -- and Gahan's refusal to release information merely enhances it.

Meanwhile, the newspaper's reasoning is impeccable.

OUR OPINION: Turn over shelter finances (News and Tribune editorial)

... We're not disputing that the controller's office is a busy place. But "we're busy" isn't an acceptable response for delaying or denying a public records request as basic as this one.

We contend that without a clear financial picture of the NA-FC animal shelter, determining how it will be funded moving forward will remain cloudy.

Secrets that they keep: Team Gahan to be sued for non-transparency in county records request.

I'll never understand how the newspaper determines its photo accompaniment to articles like this. Floyd County's auditor (Scott Clark) and New Albany's controller (Linda Moeller) feature prominently, and the crux of the story is funding the animal shelter.

Consequently, the photo shows Matt Oakley, president of the county council, whose name appears one solitary time near the end. You'd think there'd be a file photo of a dog or cat.

Meanwhile, this move has been on the agenda for a while. The county pays its share of animal shelter upkeep to the city, which deposits the money and pays the bills. But the agreement as written is vague as to percentages of the tithe versus actual expenses, and there isn't a dedicated bank account. County money disappears into the city's general fund.

All Clark seems to be asking is to see the record of expenditures.

On the third floor, as ever, the wagons are circled. I was among those in favor of the parks department split, on the grounds of county non-support. However, doubts have long since crept into the narrative, and not only because of Team Gahan's TIF-fueled parks spending spree (entirely unmentioned during the 2011 mayoral campaign).

The county has a convincing case in the animal shelter funding imbroglio -- and Gahan's refusal to release information merely enhances it.

When does the arrogance stop?

Let's make a date for November 3, shall we?

Floyd County Council plans to file suit against New Albany, by Jerod Clapp (N and T)

FLOYD COUNTY — Following a determination from the state Public Access Counselor, the Floyd County Council plans to file suit against the city of New Albany today or Thursday for failure to provide financial information on their portion of funding the New Albany-Floyd County Animal Shelter.

Matt Nash kicks off 5th district campaign: "New Albany Should Expand its Recycling Program."

For those just tuning in, Matt Nash was chosen by Democratic Party precinct heads to replace Dustin Collins on the 5th district council ticket after Collins withdrew owing to illness.

His first platform plank deals with recycling.

New Albany Should Expand its Recycling Program

In a recent News and Tribune article it was announced that Floyd County government would cut some recycling services due to budget concerns.

As a councilman I would support a measure that would expand the current services of the city's recycling program. Currently the city offers weekly curbside pick-up of recyclable materials. I believe that New Albany could work with the Solid Waste Board and work out a deal that included utilizing current county equipment and workforce to allow for drop off sites to be manned in locations within city limits or just along the fringe areas.

Newspaper editorial board: "Floyd County should consider tax increase."

Back in the day, she'd/he'd been all over it. We've been abandoned.

Oddly, this editorial seems to have flown entirely under the radar. It doesn't appear to have been posted at Facebook, and so there are no outraged comments or self-immolation threats.

We're guessing that this one is Chris Morris's baby, as he customarily covers the county beat.

— The News and Tribune editorial board is comprised of Publisher Bill Hanson, Editor Shea Van Hoy, page designer Claire Munn, Assistant Editor Chris Morris and Assistant Editor Jason Thomas. Responses can be sent to shea.vanhoy@newsandtribune.com

Floyd County government recently has become the exclusive domain of Republicans, who possess an austerity fetish that makes German finance ministers look like hereditary Saudi playboy princes -- though it must be acknowledged that in the not so distant past, the Heavrinite strain of "Democrat" contributed much conceptually to the notion that revenue purely is an option.

Meanwhile, city government is controlled by Adam's merry band of DemoDisneyDixiecrats, who have contrived a borrowing-fueled capital projects bonanza designed to produce social media-ready photos of building porn with commensurate campaign finance-tie-ins. It may not be a tax increase strictly as such, but it's surely a huge credit card/TIF bond debt for future generations to service.

This is why a third way is so desperately needed hereabouts.

Not starvation, and not unsustainable extravagance, but spending sensibly on fundamental infrastructure needs that benefit the greatest number of users, and stand to support quality of life and economic development aims rather than work actively against them.

OUR OPINION: Floyd County should consider tax increase

 ... As the council moves forward on the 2016 budget, there needs to be a long-term vision to keep from having to put a Band-Aid on the problem each year. As one county official at a recent meeting said, “We just can’t keep kicking the can down the road.”

The council should consider a tax increase — which could come in the form of a Local Option Income Tax or a wheel tax.

Another city-county financial impasse: Animal shelter and control services.

The News and Tribune's most recent mention of the most recent instance of seemingly recurring city-county funding disparity (is this LP scratched, or is the ganja too strong?) came on June 15.

Fleshing out a funding dispute: New Albany, Floyd County still at odds over animal shelter money, by Chris Morris (N and T)

NEW ALBANY — In 1999, New Albany and Floyd County governments signed an interlocal agreement, forming the New Albany-Floyd County Animal Shelter. As part of the agreement, funding the shelter would be based on population. With that in place, and following the 2010 census, Floyd County is responsible for 51 percent of the shelter’s budget while the city is to pay 49 percent.

But Floyd County Auditor Scott Clark said it’s not that simple, and he points to 2014 to make his point ...

Uni-gov? Really? At any rate, a New Albany resident has asked about funding for the animal shelter and animal control.

I'm interested in knowing how you would attempt to resolve the financial situation/impasse between the City and the County in regard to the Animal Shelter and Animal Control Services. The County is in serious arrears, but they and the City are equally vested in the physical building, and County residents use the services, although not to the degree of City residents.

The Floyd County Animal Rescue League is also a signatory to the binding Interlocal Agreement. NAFC Animal Control and Shelter is governed by the 5-member volunteer Animal Control Authority, 2 appointed by the Mayor, 2 by the County Commissioners, and 1 by the Rescue League.

The situation is complicated and both sides appear to be dug in. Your thoughts?

It certainly does seem complicated, and I'm researching it. In the interim, I'd love to hear YOUR thoughts on the matter. As an independent candidate for mayor, I don't feel bound by political tradition, only compelled to consider what works. Help me learn more, please: baylorformayor@gmail.com