Showing posts with label Mt. Tabor Road Restoration and Pedestrian Safety Project. Show all posts
Showing posts with label Mt. Tabor Road Restoration and Pedestrian Safety Project. Show all posts

Sunday, November 15, 2020

ON THE AVENUES: Karma, karma, karma, karma, karma chameleon (The Big Bang Remix).

Pedestrians being hit by cars is a car problem. Car congestion is a car problem. Noise and air pollution from car exhaust is a car problem. The solution is less space devoted to cars and fewer cars.
-- Momifornia on Twitter


Nawbany was awash in cascading waves of irony the past week, and seeing as we’re not the sort of city that appreciates the variety of honesty that irony elicits, my brief return from internal (infernal?) exile is merited.

According to reliable reports on social media, it appears that Mayor Jeff Gahan was involved in an automobile accident on Monday afternoon at the contested intersection of Klerner Lane and Mt. Tabor Road.

First and foremost, we believe no one was hurt. Had there been an injury, and if any of it had been relayed by the picked-over carcass of deceased local media, I would not discuss the accident in this space. 

So, disclaimers aside, it was reported that on Monday the armored mayoral SUV (Nawbany lacks Saudi-sized oil reserves, but galdurn it, we have a sewer utility cash cow) t-boned a smaller car, with a photo clearly showing the mayor talking on his cell phone, probably with Rudy Giuliani (or the city attorney, whichever one picked up first), and absent the pandemic face covering timorously beseeched by his safely captive city council.

The witness who broke the story added that the mayor then left the scene before police arrived.

Wait -- you may be asking, “forget bad driving, Roger, but why is the intersection contested”?

Thanks for asking.

Originally the mayor sought to place a roundabout at this precise location, as part of a barely plausible multi-million dollar “improvement” project for Mt. Tabor Road, which local residents spent something like five years contesting, at their own expense, accurately characterizing it as an expensive boondoggle, constructed in such a way as to attract even more speeding cut-through traffic in a residential area, thus contradicting the claims of proponents in City Hall (and nowhere else) that traffic would be slowed and calmed for all time.

These neighborhood advocates, those fated to live adjacent to the “improvements,” felt strongly that with increased traffic there’d be even more instances of vehicular mayhem, a prediction scornfully rejected by the mayor, who blamed partisan politics, and in essence asked residents whether they believed the mayoral clique or their own two eyes.

As documented during the past two years, and now proven in 2020 by the automobile-supremacist mayor himself, their own two eyes proved plenty accurate. 
 

Naturally the residents were never once asked whether they wanted road “improvements.” The project was imposed from above, by the elites.

Welcome to Nawbany, pilgrim -- and if you don’t have a car, you’re not really welcome at all. 

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In fact, as this baleful year of 2020 limps to the finish line, motor vehicles of all stripes are moving way too fast all over town.

In response, City Hall continues to insist with a straight face that we should believe the increasingly illusory, North Korean-style press releases, which breathlessly laud the unprecedented achievement of universal street grid calming and pervasive lawfulness, as achieved throughout the city by the shining wonder of perfect governance.

But I live on Spring Street, and can attest that these claims are utterly fictitious, or as my father might have put it, “bullshit.”

Apart from obvious examples like chronic speeding at all hours of the day, there’s the noisy and disruptive HyperCar auto polishing and sales lot located in my East Spring Street neighborhood, which in the beginning claimed it would be servicing cars only, and not selling cars, at least for a very long time, but forgot the promises almost immediately as city officials yawned, and currently has so many fancy souped-up race cars crammed into its lot that some of them must always be parked (illegally) on 13th Street, with HyperCars employees and customers getting their jollies by taking all these cars on cacophonous spins around the block, dozens of times each day, while shifting, revving, squealing tires, screeching and emitting bursts of metallic flatulence that I’m guessing combine to produce something akin to an orgasm.

As such, and in an instance of profound irony that comes close to matching the mayor’s Mt. Tabor mishap, on Thursday evening one of hyper-diaper’s cars parked illegally on 13th Street was creamed by a hit-and-run driver, who paused long enough for nearby residents to emerge from their homes and chase the fleeing driver to Market Street.
I considered risking bad karma by laughing my ass off, but didn't. A better response is crying in frustration at the perennial backwardness displayed by Nawbany.

Here we are in Midtown, supposedly a municipal showplace for genteel “blue” progressivism, and instead of urbanism we have hyperactive race cars on one side of Spring at 13th, and the failed candidate Oxendine’s clown-car discount funeral home on the other.

And our presumed neighborhood leaders? They’re AWOL, as always.

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What makes the irony of the mayor’s recent driver’s ed fender bender even more delicious is that it transpired in the yard of a neighborhood resident who helped leaded the opposition to the Mt. Tabor “improvement” project.

She heard the crash and snapped a photo of the two damaged vehicles, with unmasked mayor (literally and figuratively) standing in her yard. Upon publishing the photo of a public event that occurred in front of her house, the ruling elites circled the wagons and commenced slagging, leading to the usual drooling defenses of the mayor as a wonderful human being on a par with Gandhi, or perhaps even the departing humanitarian Donald Trump.

Pfui. It’s all irrelevant.

Again and again I’ve pointed out that quite a lot of New Albany’s foot dragging pertaining to complete streets, walkability and all-purpose urban modernity -- the city’s abject refusal to so much as try leveling the playing field via mobility solutions not reliant on internal combustion engines -- stems from the abysmal and persistent ignorance of elected and appointed public officials who, in effect, have neither been anywhere nor seen anything, and who wouldn’t be caught dead reading a book if the pages slapped them in the face like the palm fronds adorning their hard seltzers.

City Hall has willfully botched these equations ever since Gahan began consolidating power, because power in little-pond Nawbany is about campaign finance funding from pay-to-play skimming, the proceeds from which simply cannot be generated by walking or biking projects. Rather, automobile supremacy equals cash. It’s unfortunate, but true.

At least the mayor now has direct experience of what it’s like to run afoul of city streets he’s done so much to curate in his own image, and I can only hope that some sweet day he’ll take the debacle a step further and attempt to use one of his favored push-button (un)controlled urban crosswalks, with their tiny flashing yellow lights ignored as hot rods roar and tow trucks cruise at 60 mph on “calmed” stretches of Gahanesque speedways, learning in accordance with those of us who walk, and despairing of making it to the other side alive.

Maybe then, at last, he’d grasp the profound disconnect he has imposed on those without cars. Yes, it means he’d have to go out for a walk, and admittedly that’s about as unlikely as a Democratic Party grandee being spotted on a bicycle. But a boy can dream, especially when dreams are all we have in the complete and unmitigated absence of principle.

The errant politician probably won't have to answer for it; his handlers will shelter him, and the super-duper-hyper-racecar place will deny that it creates daily mayhem on residential streets, but I'm just happy with any dent, real or metaphorical, placed in our local default of automobile supremacy.

Maybe we’ll get a clue, some day. After all, even a stopped pre-digital clock is right twice each day.

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Tuesday, June 23, 2020

Traffic Cluster, Part One: Mt Tabor Road? It's the design. You know, the design we just paid millions ... to design.


We might blame it on the pandemic, but COVID-19 did not cause ongoing issues with New Albany's streets. It merely exposed the design flaws.

When there hasn't been congestion -- as on Mt. Tabor during construction-related diversions -- there has been mayhem, both there and amid the downtown street grid, with much speeding and bad driving behavior.

You see, it's the design. You know, the design we just paid millions ... to design, whether Mt. Tabor or the thoroughly botched two-way reversion: City Hall's "20% Of Two-Way Usefulness Solution."

But you see, anyone with a grounding in modernity always knew that speeding primarily owes to design. That's why the Mt. Tabor neighborhood protested from the start that modernizing the road would make things worse, because they reasoned correctly that the redesign would, in fact, lead to conditions making excessive speed more likely, and attracting more users.

The city pushed it through because it had the matching funds, because the pay-for-play already was transacted, and -- well -- because of sheer ego. Because it COULD. And now even the chief of police says that design is responsible for speeding.

The design.

You know, the design we just paid millions ... to design.

Engineer Summers speaks for City Hall; why, our powers that be are powerless to do anything about these annual traffic increases (which were invited by the speeding-friendly "new" design), and so they must continue forever adding even more lanes, roundabouts, and whatever else is deemed necessary -- by some of the mayor's principal campaign donors -- to make more work room for added traffic ... and by doing so, assuring there'll be even more traffic (induced demand, folks).

Don't look at me. YOU'RE the ones who keep voting for these people.

Mount Tabor Road traffic again a topic of discussion, by Daniel Suddeath (Tom May Insta-Pulpit)

 ... That project has been a contentious issue between the city and residents of the neighborhood. The roundabout idea was scrapped before the first phase of improvements were launched in 2019 by the city after a public meeting when several residents spoke out against the proposal.


Summers countered that the traffic congestion is a preview of what the road will look like in 10 years if nothing is done.

“This will present a problem for the intersection of Mount Tabor and Klerner as traffic continues to grow,” Summers said, citing a Kentucky Regional Planning and Development Agency study that suggests traffic will increase in the region by about 1 percent annually.

Friday, May 03, 2019

Deaf Gahan somehow finds fresh, creative ways to insult Mt. Tabor Road residents.




The grandiosely titled Mt. Tabor Road Restoration and Pedestrian Safety Project (were they paying Pinocchio Rosenbarger by the syllable?) continues to wreak havoc.

It appears the signage has been placed in the yard to inform motorists about erosion repair work being done to the east of the intersection, near Kahl's.

According to a neighbor, the sign's placement means drivers on Klerner Lane can't even see it to read it.

It's more proof of Jeff Gahan's default instinct to abuse his power, as when he released a propaganda video directed against Colonial Manor activists to coincide with their recent listening session.

Coincidence? Not likely. Those who've observed the evolution of Gahan's vindictiveness knows what a huge role obedience plays in his top-down style of misgovernance.

Ask Donnie Blevins or Greg Pennell.

Ask the downtown business owners in 2015 who were threatened by city functionaries about signs in their windows touting Gahan's opponents.

Ask public housing residents suffering from "joking" retaliation at the hands of Gahan's pith-helmeted colonial lackeys.

I have no doubt the sign depicted above is more of the same.

#FireGahan2019 

Tuesday, April 02, 2019

Slip sliding away, Vol. 2: "In researching Indiana Code, it was discovered that the City of New Albany abused the power of eminent domain in acquiring land for a public utility."


Last night Kelly Feiock, a Mt. Tabor Road resident, patiently sat through the regularly scheduled city council meeting so she could rise during public speaking time and offer a few facts for the consideration of the city's presumed legislative body.

Slip sliding away, Vol. 1: A desperately Deaf Gahan seeks to divert your attention from Mt. Tabor malfeasance by attacking the citizenry for doing their homework. Voters, call his arrogant bluff.


Her testimony was devastating, but the image I'll never be able to erase from my memory was that of her councilman, Matt Nash, staring at the floor; inert, used up, unable to act autonomously without Jeff Gahan, Adam Dickey or Shane Gibson handing him a script. How very depressing.

Afterward a friend messaged me.

I don’t see Gahan surviving past the primary. His sins are stacking up. It’s over.

To which I replied:

Maybe. Don’t forget the people who benefit from his sins, who’ve convinced themselves that Gahan is the devil they know.

One would think that fair-minded Democrats (as Nash himself used to be) would be appalled by the steadily accumulating stench emanating from Gahan's Down Low Bunker of Misgovernance.

ON THE AVENUES: Donnie Blevins tells his story.


Isn't bullying like that inexcusable -- and what on earth does one man need with all this money?

The Jeff Gahan Money Machine, Part 20: Buying and selling a city? Our master list of 59 Gahan wheel-greasers is a pornographic potpourri of pay-to-play.


Pay to play corruption, Mt. Tabor malfeasance, the intimidation and bullying of city employees ... folks, it's no longer about party affiliation. It's about cutting out a cancerous growth so this city can have a democratic future. Democrats, your party has aligned itself with tyranny, and I encourage you to vote for David White on May 7. 

The following is from Kelly Feiock, and approximates what she presented last night.

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It appears the City of New Albany has misappropriated government funds by abusing the power of Eminent Domain with the Mt. Tabor Road Project.

The City proposed the Mt. Tabor Road project in 2013, which is federally funded (80% federal and 20% local funded). The total cost was originally estimated at $6.5 million, with the city contribution being approximately $1.3 million.

This project severely affected approximately 40 properties on Mt. Tabor Road and Klerner Lane in New Albany. Although the City needed roughly ten feet of property for grass buffers and sidewalks on many of the properties, it acquired an additional 13 feet (or more) of right-of-way on these properties for overhead power lines.

In researching Indiana Code, it was discovered that the City of New Albany abused the power of eminent domain in acquiring land for a public utility. The public utility, in this case Duke Energy, is responsible for using the power of eminent domain for rights-of-way of its powerlines. In doing so, Duke Energy should take, acquire, condemn, and appropriate an easement itself.

Please see Indiana Code as it pertains to Eminent Domain:
IC 32-24-2  Chapter 2. Procedures for Cities and Towns

Per IC 32-24-2-3 "Property" is defined for Cities and Towns as used in this chapter, "property" refers to real property or personal property.

IC 32-24-2-6 Application of chapter; condemnation resolutions; notice;
remonstrances
Sec. 6. (a) This chapter applies if the works board of a municipality wants to acquire
property for the use of the municipality or to open, change, lay out, or vacate a street, an
alley, or a public place in the municipality, including a proposed street or alley crossings of
railways or other rights-of-way. However, this chapter does not apply if a municipality wants
to acquire the property of a public utility (as defined in IC 8-1-2-1).


IC 32-24-4 Chapter 4. Procedures for Utilities and Other Corporations

IC 32-24-4-1 Public utilities
Sec. 1. (a) A person, firm, partnership, limited liability company, or corporation authorized to do business in Indiana and authorized to: 
            (1) furnish, supply, transmit, transport or distribute electrical energy, gas, oil, petroleum, water, heat, steam, hydraulic power, or communications by telegraph or telephone to the public or to any town or city;
            (2) construct, maintain or operate turnpikes, toll bridges, canals, public landings, wharves, ferries, dams, aqueducts, street railways, or interurban railways for the use of the public or for the use of any town or city; may take, acquire, condemn, and appropriate land, real estate, or any interest in the land or real estate to accomplish the essential delivery of services described in subdivisions (1) and (2).

IC 32-24-4-2 Fee simple or easements
Sec. 2. The condemnor may take, acquire, condemn, and appropriate a fee simple estate, title, and interest in an amount of land as the condemnor considers necessary for the condemnor's proper uses and purposes. However, for rights-of-way, the condemnor shall take, acquire, condemn, and appropriate an easement.


Slip sliding away, Vol. 1: A desperately Deaf Gahan seeks to divert your attention from Mt. Tabor malfeasance by attacking the citizenry for doing their homework. Voters, call his arrogant bluff.

True story.

Previously, the photos.

GREEN MOUSE SAYS: Deaf Gahan may be juiced to the bejeezus-belt on donor cash, but he's not getting any votes from the Mt. Tabor Road construction zone, is he?


As of 12:00 noon on Tuesday morning, there's been nary a peep in Hanson's Folly (periodically known as the News and Tribune) about revelations offered near the end of last evening's city council meeting about the project only Deaf Gahan could have so pompously named: The Mt. Tabor Road Restoration and Pedestrian Safety Project.

Perhaps this is to be expected given the tendency by publisher and editor to allow Gahan's in-house propaganda commissariat to write and pre-approve New Albany stories for them.

In turn, failures of duty like this are why stakeholders living on and near Mt. Tabor Road have been compelled to devote inordinate amounts of time completing the same sort of homework Gahan never bothered with in school, having still not cracked open a book since he took up permanent residence in the Oval Crooked Office.

For eight years prior to running for mayor, Gahan constantly was running for mayor. As witnessed by his pay-to-play campaign finance haul since 2011, Gahan never has stopped running for mayor during all the years since.

The Jeff Gahan Money Machine, Part 20: Buying and selling a city? Our master list of 59 Gahan wheel-greasers is a pornographic potpourri of pay-to-play.


$438,000 surely buys plenty of Rice Krispies Treats and Kool-Aid, although these folkloric medications only worsen the self-delusion, arrogance and hubris that have characterized Gahan's career in politics.

But we must be honest and concede that while the office may have exacerbated these tendencies, they've always existed deep inside the shadowy cranium of an otherwise mild-mannered veneer peddler whose only real achievement since attaining his current position of authoritarian tinpot has been to constantly inflict his will on those who never mistook his dull-witted plodding for inspired genius.

Now during an election year intended by Gahan as royal coronation, it laughably transpires that “running for mayor” is an insult Gahan directs at others, though of course never at himself -- and lots of folks who seek municipal contracts are perfectly content to fluff Deaf's inflated ego as "Democrats" stand idly to the side, pretending they're progressive.

Of course if a guy like Gahan walked into a tavern every day for seven years, during each visit reminding the patrons of his exalted, divine-right perfection, it's barely conceivable the regulars might gently mock him while at the same time tolerating his presence as comic relief from a minor eccentric.

Conversely, he might also be kicked out the door and straight to the curb as an obnoxious blowhard.

And so over there stands the mayor, dimly aware that because it's an election year he can't duck the media on every question, agreeing to speak with WAVE about an unnecessary road-building project that defines his tenure in office -- albeit it NOT the way he thinks it does -- then taking this opportunity to trash stakeholders for contesting his exalted, divine-right perfection.

Lest we forget the last time Gahan opened his mouth about this issue.



Click through, read the whole story, and join me as we await the newspaper's inevitable backpedaling.

Volume 2 here

Back and forth in New Albany over Mount Tabor Road project by Sara Rivest at WAVE-3

Progress on Mount Tabor Road construction questioned

A neighborhood dispute over new sidewalks in New Albany has now spun into debate over where money is being spent and whether it will even be finished as planned.

Those concerns came from a resident who said she’s done her homework, as well as one council member who wanted to hear her out on the Mount Tabor Road project.

Resident Kelly Feiock said she filed a complaint with the Indiana Bureau of Auditors on Monday.

“The intersection and the east side of Mount Tabor Road has been put on hold,” Feiock claimed. “There is no plan, there is no funding.”

Feiock lives on that road, has watched the project unfold and brought what she stirred up to the city council Monday.

“Anybody know why the project was reduced from one mile to a half a mile?” Feiock asked. “Alright, how about $6.5 million that was initially proposed and now its $3.1 million -- what happened to the other $3.4 million? Anybody? Seriously? Tell me because you’re the councilmen?!” ...

Thursday, March 28, 2019

GREEN MOUSE SAYS: Deaf Gahan may be juiced to the bejeezus-belt on donor cash, but he's not getting any votes from the Mt. Tabor Road construction zone, is he?


As a preface to what follows, the Mouse suggests you take another look at the concluding chapter of NA Confidential's series surveying the vast sums of money being channeled from out-of-town companies doing business with the city -- as exemplified by the grandly Orwellian "Mt. Tabor Road Restoration and Pedestrian Safety Project."

The Jeff Gahan Money Machine, Part 20: Buying and selling a city? Our master list of 59 Gahan wheel-greasers is a pornographic potpourri of pay-to-play.


What this neighborhood is going through is incredible. We begin with explanations, and follow with photos.

I was quite disturbed by what I found when walking through the construction site on Mt. Tabor yesterday. People should know what is happening to our neighborhood.

1 – The storm water “pipe” along the road is just a small corrugated pipe that has been duct-taped together.

2 – The exit drains to the creek do not run down the hillside. They shoot water (and street garbage) into the creek.

3 – In many areas. The rip-rap that is supposed to slow the water extends only a few feet beyond the exit drain, not the full length of the hillside.

4 – No measures have been take to collect the garbage that will flow out the drain.

The creek is being turned into a landfill!
















There can be only one conclusion: #FireGahan2019

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As an addendum, NA Confidential has been unable to confirm whether New Albany Mayor Jeff M. Gahan or anyone working in the city's administration is under federal investigation or indictment for corruption, bribery or racketeering. It is standard policy of the U.S. Justice Department to refuse to confirm or deny the existence or non-existence of investigations or subjects of investigations. A similar policy exists at the F.B.I.

Monday, March 18, 2019

The Jeff Gahan Money Machine, Part 15: Beam, Longest and Neff -- they're why Jeff Gahan is HERE and awash in cash, 16,500 times over.


Previously: The Jeff Gahan Money Machine, Part 14: Kentucky-based GRW Engineers and the subtle art of the $200 out-of-state handshake.

Some people assemble jigsaw puzzles, but during the coming weeks we'll be plucking highlights from eight years of the Committee to Elect Gahan's CFA-4 campaign finance reports. Strap in, folks -- and don't forget those air(head) sickness bags.

At some point during Jeff Gahan's self-satisfied time in office, the city's logo underwent a significant change. For decades New Albany had embraced the notion of movement, as symbolized by a rich history of steamboats on the Ohio River.

Through steamboats and river travel, people, freight, ideas, and news traveled faster and the region was linked to national networks of commerce, communication, migration, and popular culture.

Abruptly and without public comment of any sort, an anchor became the Gahan regime's bound bundle of wooden rods.

Jeff Gahan has been branding the city in his own image, and using our money to do it, but we need collective thinking, not the shoddy veneer of a personality cult.

Gahan's chosen symbol emerged from the back rooms where appointed committees meet, utterly without the input or votes of any elected official, and as selected by then-redevelopment honcho and noted artistic design expert David Duggins because it looked "cute." Now it has become the anchor that adorns every city-owned object.

As even a four-year-old child knows, anchors exist solely to keep boats from moving. Meanwhile, with our municipal anchor buried safely beneath the Ohio River's voluminous mud flats, no evidence of brakes can be found on Gahan's 24-7-365 Campaign Finance Express.

The Jeopardy! answer: "It's why we're here."

The Jeopardy! question: "How important is campaign finance to Mayor Jeff Gahan?"



Ah, yes -- the infamous classic video clip, embedded in one of 2018's most-viewed blog posts.

VIDEO: "That's why we're here," Gahan flails amid a pack of lies in this classic footage from last night's Mt. Tabor project meeting.

There's a reason why the forever agoraphobic Jeff Gahan's handlers keep him secured in the bunker, and it's because the moment any public scenario strays from the script, he cannot improvise. The more he tries, the worse it gets -- and the angrier he becomes.

In this video, observe his petulance escalate with each "that's why we're here," until he's demanding to know why citizens aren't listening to him, even as he insists his Potemkin facade of a meeting was to prove he's listening.

As anyone who isn't a blood relative of Gahan's might expect, cash crumbs from the absurdly titled Mt. Tabor Road Restoration and Pedestrian Safety Project (was it Pinocchio Rosenbarger who coined this gem of purely Orwellian Newspeak?) conveniently landed in the mayor's re-election piggy bank.


Just one example from 2017:


But let's be fair about it, conceding that when you're a C-minus student, even on your very best day, sometimes the bright kids can help out with term papers -- and they pay YOU to do it.


As "consulting engineers and land surveyors," Beam, Longest and Neff (BLN) "is an award-winning consulting firm with experience in all facets of infrastructure projects" with Indianapolis as its headquarters. BLN has donated to Jeff Gahan for eight straight years, one of a tiny group to have done so.

2018 2,000
2017 2,500
2016 3,000
2015 3,000
2014 1,250
2013 1,000
2012 1,000
2011 2,800
Total: 16,550

Give 'em this much: These reported donations all have come from BLN itself, absent the oft-repeated sham of having individuals make contributions ostensibly on their own, when the corporate parent obviously is coordinating the effort.

To close by repeating: All $16,500 of this money has come from somewhere else.

Think about that, and #FireGahan2019

Rebuttals are welcome and will be published unaltered -- so don't forget spellcheck. If you have supplementary information to offer about any of this, please let us know and we'll update the page. The preceding was gleaned entirely from public records, with the addresses of "individuals" removed.

Part 16 link (coming soon)

Saturday, March 02, 2019

Reacting to Mt. Tabor Road council sidewalk resolution, Deaf Gahan declares Monday as "High School Weight Room TIF-cake Day."


The Green Mouse received this from the citizen activists on Mt. Tabor Road.  

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Mt. Tabor Rd. Residents (and all other concerned neighbors),

Please mark your calendar for this Monday, March 4th at 7 pm as the City Council will be discussing the Mt. Tabor Rd. project. Al Knable has drafted a resolution requesting the proposed sidewalks on the northern side of Mt. Tabor Rd. be removed from the plans. IN DNR told the City and its engineers to not build on the northern side of the road and residents have stated they don’t want the sidewalk. Since the administration has ignored all involved, the City Council is stepping in and making its request known.

If this resolution is passed it will be important to discuss this change with your attorney as the City will no longer need 10’ of land for a grass buffer and sidewalk. See Indiana Codes:

IC 32-24-1-15 Forfeitures; failure to pay damages or take possession
     Sec. 15. (a) If the person seeking to take property under this article fails:
(4) to take possession of the property and adapt the property for the purpose for which it was acquired not later than six (6) years after the payment of the award or judgment for damages, except where a fee simple interest in the property is authorized to be acquired and is acquired; the person seeking to acquire the property forfeits all rights in the property as fully and completely as if the procedure to take the property had not begun.
     (b) An action to declare a forfeiture under this section may be brought by any person having an interest in the property sought to be acquired, or the question of the forfeiture may be raised and determined by direct allegation in any subsequent proceedings, by any other person to acquire the property for a public use. In the subsequent proceedings the person seeking the previous acquisition or the person's proper representatives, successors, or assigns shall be made parties.
[Pre-2002 Recodification Citation: 32-11-1-11.]
As added by P.L.2-2002, SEC.9. Amended by P.L.163-2006, SEC.13.

IC 32-24-2-17 Attorney's fees
     Sec. 17. If applicable, a landowner who incurs attorney's fees through the exercise of eminent domain under this chapter is entitled to reasonable attorney's fees in accordance with IC 32-24-1-14.
As added by P.L.163-2006, SEC.14.

IC 32-24-1-14 Costs of proceedings; litigation expenses

     Sec. 14. (a) Except as provided in subsection (b), the plaintiff shall pay the costs of the proceedings.

Attached are the minutes from the last council meeting as well as the proposed resolution.

Monday, March 4, 2019 At 7:00 P.M.
Regular Council Meeting
Third Floor Assembly Room
City/County Building


Monday, November 12, 2018

Chronicles of New Gahania: The DNR's Slate Run Creek Public Hearing will take place on November 28.

It's important to remember that from now until the May primary, City Hall will do next to nothing without first placing the suggested action (or non-action) into the context of the mayoral re-election campaign.

This is imperative has taken on a whole new (and greater) dimension since the most recent local Democratic electoral catastrophe. Mayor Gahan and for remaining Democratic council persons now are the Alamo personified, surrounded by Republicans and prepared to expend to the very last dollar.

Meanwhile, the resistance continues on Mt. Tabor Road. 

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Good news, the Department of Natural Resources Water Division accepted our petition regarding the erosion repair work done on Slate Run Creek (along Mount Tabor Road) close to Kahls Body Shop. It will hold a public hearing on Wednesday, November 28 at 5 p.m.in the City County Building, Commissioners Meeting Room located at 311 Hauss Square. (This is the week AFTER Thanksgiving)

The scope of the public hearing, held under IC 14-11-4-8, will be limited to the authority vested in the Department of Natural Resources by the permitting statutes. This authority is confined to the floodway of the stream and any impact that the project may have on:

1) The efficiency and capacity of the f1oodway;
2) The safety of life or property;
3) Fish, wildlife, or botanical resources; and,
4) The cumulative effects of the above items.

Only issues that are directly related to this application for construction in a floodway will be addressed. Under the permitting statutes, the Department has no authority in zoning, local drainage, construction outside of the floodway, burning, etc.; therefore, topics beyond the Department's jurisdiction will not be discussed during the hearing.

Those of you who signed the petition will receive a copy of the notification letter, and a copy is attached for the rest of you. If you can not attend, please feel free to email me a letter with the questions and/or concerns you would like submitted to the DNR. Hope to see you there!

Sunday, August 12, 2018

A purely sadistic week in New Gahania, and even more tales from Corruption Junction.


Welcome to the increasingly rocky reign of Crooked Jeffrey.

Even Donald Trump had a better week than our increasingly out of touch, cash-obsessed and graft-ridden Ceausescu fetishist. I hear Joseph Kabila is a free agent; maybe with a bit of added TIF funding, Gahan can outbid LeBron's resurgent Lakers and put the idle Congolese strongman in charge of Fairview Cemetery.

Take it away, Mr. Gillenwater.

More tales from Corruption Junction. As Roger previously noted about NA’s blatant nepotism as normalcy, “If you believe that Warren Nash on the Human Rights Commission somehow differs from Scott Pruitt in charge of the EPA, please drop me a line. You'll be entered into a drawing, and the lucky winner gets to serve with Gahan's brother-in-law on the City-County Building Authority, or with the mayor's son-in-law on Flood Control, or with his daughters at their summer jobs at the Aquatic Center -- or maybe I'm thinking about former redevelopment director Duggins' sister married to consultant Wheatley who gets all the posh the redevelopment gigs, or the HWC Engineering connection with Dugout ...” Occasionally, you might be tempted to think they’ve bottomed out, that it can’t get any worse. You’d be wrong, not least because you’re likely forgetting the pride expressed by the Gahan administration in finding novel ways of circumventing public bidding laws so that donors are rewarded with lucrative city contracts much more directly. If you support or profit from this ongoing Democratic boondoggle here at home, you’re cordially invited to STFU about Trump and corruption elsewhere.

Yes, Dear Leader is your cross to bear, local Democrats. Even by Jeff Gahan's subterranean standards of casual fraudulence and wagon-circling paranoia, it was a memorable week, one filled to the brim with reasons to #FireGahan2019.

On Monday, a skateboarder was killed by a driver on Spring Street. Predictably the driver won't be charged, and City Hall's first and only reaction has been to loudly deny responsibility for its own high-speed, pass-through street grid, followed immediately by the pitter-patter of tiny bureaucratic feet scampering into the safety of the down-low bunker.

After dragging his feet for years, and lately feeling the heat from local activists who look to Jeffersonville's Republican mayor Mike Moore as an area leader in fairness, a petulant Gahan finally got around to making his appointments to New Albany's moribund Human Rights Commission, which Gahan's crack team of bootlickers previously had engineered to be impotent-by-design.

Surveying a diverse rainbow-accented landscape, Gahan predictably opted for two old, straight, white males with the requisite ironclad DemoDisneyDixiecratic Party credentials: Warren Nash and Cliff Staten. They'll be expected to maintain control, because a truly autonomous Human Rights Commission would be working overtime just investigating Team Gahan.

Gahan's hostile takeover of the New Albany Housing Authority came back to bite the colonial overlord, as the mayor's handpicked team of clueless but servile lackeys heaved, flailed and looked like a motley crew of rejects at the Keystone Kops audition in reaction to the failure of the electrical system at Riverview Towers. The community's eyebrows arched as Gahan's dimmer-than-ever bulbs, previously billed as managerial geniuses, frantically blamed others for their own failure to be pro-active.

Speaking of the housing authority, sitting councilman Matt Nash, son of Warren the Party Fixer, whose sworn duty as an elected official is to scrutinize matters precisely like the mayor's NAHA annexation, has accepted a paying job there, and now answers to grape-stuffed satrap David Duggins, whom the councilman should be pursuing for gross incompetence. Failed Tom Hagen wannabe Shane Gibson has merely waved his arms and dismissed the obvious conflict of interest.

And, the grandiosely titled Mt. Tabor Road Restoration and Pedestrian Safety Project -- known colloquially as Gahan's Folly -- hit the rocks yet again as residents began firing back in court over the issue of eminent domain. Pliable lickspittles were trotted out to speak indecipherable platitudes, and Gahan remained shielded from view, suckling a Bud Light Lime and calculating campaign finance proceeds.

After all, that's why he's here, right?

Pinocchio Rosenbarger says don't worry, we can write the words later, after we've already started what we're waiting to be approved.



I have a few suggestions for the blank space.

#FireGahan2019
#FlushTheClique
#CleanSweep2019
#GetOutYourPitchforks

Thursday, August 09, 2018

Jeff Gahan's war against Mt. Tabor residents is another reason to flush the clique in 2019.

“If they’re going to continue to take the right of way back so then we’d have to come and repurchase again, which is a cumbersome option to begin with, I would just hate to do all that over."

City engineer Larry Summers' opening comment in Danielle Grady's newspaper report (below) perfectly summarizes Team Gahan's collective, bored and arrogant indifference to the lives of humans existing outside the institutional inbreeding of the Gahanite ruling clique.

That's why Jeff Gahan's here, remember? To pretend he's listening.

Mt. Tabor residents haven't finished yet, as Deaf Gahan faces a court date: "Eminent Domain Law Put to Test Against City of New Albany."


But that's okay, Jeffrey. Keep on keeping on.

Roll out the heavy artillery and smash the Mt. Taborites with a phalanx of lawyers, seize whatever land you need, and keep the juice flowing from the various contractors, engineers and vendors into the lifeblood of your campaign finance account.

Voters are quite capable of seeing Team Gahan's petulant displays of self-centered, regime-first spite. They're witnessing an escalating absence of fundamental human empathy of the sort occurring when the bunker-bound can no longer distinguish between people and dollar signs.

To paraphrase John Lennon, one thing Jeff Gahan can't hide is when he's crippled inside, and voters are sensing the unmistakable odor of decadence and decay, so please, Deaf, keep lobbing those shells at the dissidents.

With each explosion, votes melt away in disgust.

Have you considered which of your campaign cash patrons might undertake to hire you as consulting piss boy for six figures when the end finally comes? I'm betting on HWC Engineering, although ol' Jorge Lanz's checkbook has been smoking hot for a long time.

Or will they sniff the wind, catch a teasing hint of the political putrefaction, and conclude that veneer salesmen are no longer altogether that interesting once their power is gone?

I'm betting on the latter. It's going to be a painful comeuppance when the cult of personality is revealed to be fashioned from wet Bud Light Lime beer labels, but that's the way hubris works.

#FireGahan2019
#FlushTheClique2019

Legal challenge has city considering old Mount Tabor intersection plans, by Danielle Grady (Tom May Content Repository)

NEW ALBANY — The city abandoning its plans for additional traffic studies and going ahead with turning Mount Tabor Road and Klerner Lane into a signalized intersection may be an option for New Albany as a resident asks for land back that was taken for the stalled project.

“If they’re going to continue to take the right of way back so then we’d have to come and repurchase again, which is a cumbersome option to begin with, I would just hate to do all that over,” said City Engineer Larry Summers after a Floyd County Circuit Court hearing regarding the resident’s legal motion.

New Albany’s attorney in its Mount Tabor Road eminent domain cases, Greg Fifer, is recommending that the city takes that route. Ultimately, the decision would be up to Mayor Jeff Gahan and the New Albany Board of Public Works and Safety, Fifer said, but he believes nothing is stopping the city from doing so.

Nothing, maybe, but public opinion.

Tuesday, August 07, 2018

Mt. Tabor residents haven't finished yet, as Deaf Gahan faces a court date: "Eminent Domain Law Put to Test Against City of New Albany."

Welcome to NA Confidential's 13,000th career post.

The Green Mouse has received a press release: "Eminent Domain Law Put to Test Against City of New Albany," and it's a corker, but before we revisit the overreach that city officials refer as Mt. Tabor Road Restoration and Pedestrian Safety Project (is the phrasing totalitarian or Rosenbargerian?) let's recall an undisputed stone cold classic video clip from earlier in 2018.

VIDEO: "That's why we're here," Gahan flails amid a pack of lies in this classic footage from last night's Mt. Tabor project meeting.



Thanks to whomever posted this video at YouTube.

There's a reason why the forever agoraphobic Jeff Gahan's handlers keep him secured in the bunker, and it's because the moment any public scenario strays from the script, he cannot improvise. The more he tries, the worse it gets -- and the angrier he becomes.

In this video, observe his petulance escalate with each "that's why we're here," until he's demanding to know why citizens aren't listening to him, even as he insists his Potemkin facade of a meeting was to prove he's listening.

For a well-monetized but fading emperor with increasingly threadbare clothes, it just doesn't get any more illustrative than this. Here's the press release, followed by a few more links about the Mt. Tabor Speedy Pass Through and Driver Enhancement Project.


Eminent Domain Law Put to Test Against City of New Albany

New Albany, IN (August 7, 2018) – New Albany officials are feeling the heat once again with the redevelopment of Mt. Tabor Road. The first Motion to Vacate and Set Aside Taking was filed by residents claiming the City has no legal right to claim the power of eminent domain., which is the taking of private property for public use. The Hon. Judge Terrence Cody will hear the case in the Floyd County Circuit Court on Wednesday, August 8.

You may recall that residents cried foul last January accusing the City of not following Indiana Code or policies set forth by the Indiana Department of Transportation (INDOT). INDOT officials attended an open house hosted by the City and observed residents insisting Mayor Jeff Gahan acknowledge invalid traffic studies and that a major overhaul of the 4-way stop was excessive. The Mayor repeatedly told those in attendance to submit their concerns in writing as he was not there to answer questions. The following week, two-thirds of the project was put on hold pending future traffic studies and revised plans.

With more than twenty-five percent of the homeowners still refusing to sell the property around their homes, this first case will set a precedent for all other cases that will follow. An eminent domain complaint must state the use the plaintiff – the City of New Albany - intends to make of the property, if a right-of-way is sought, the location, general route, width, and the beginning and end points of the right-of-way. It must also detail a specific description of each piece of property to which the plaintiff alleges the benefits will accrue.

The original complaint stated the City was improving Mount Tabor Road from Grant Line Road to Charlestown Road, reconstructing approximately five thousand eight hundred ninety-nine (5,899) feet and improving the intersection of Mt. Tabor Rd. and Klerner Lane, none of which is now true. The City’s current plan is to reconstruct Mt. Tabor Rd. from Grant Line Rd. to 200 feet West of Klerner Lane.

The hearing will be held at 11 a.m. in room number 413 of the fourth floor of the City County Building, 311 Hauss Square, New Albany, Indiana.

---

For all labels with Mt. Tabor Road Restoration and Pedestrian Safety Project, click here. Following are recent highlights.

Gahan Money Machine: The Beam, Longest and Neff firm takes its turn at the wheel of the mayor's gravy train.


The city's newly ordained symbol is an anchor buried beneath the Ohio River mud flats, but there are no brakes on the Gahan Campaign Finance Express.

The Jeopardy! answer: "It's why we're here."

The Jeopardy! question: "How important is campaign finance to Mayor Jeff Gahan?"

And here.

That's why he's here: Lumberjack-in-chief Jeff Gahan's deforestation of Mt. Tabor Road begins.


The clearcut was delayed a couple of weeks, but the jollies were not to be denied.

And finally here.

Hemorrhaging votes, an increasingly disoriented Deaf Gahan sidesteps Mt. Tabor-Klerner intersection ... for now.


In a stunning roundabout turnabout, Deaf Gahan dispatched his Minister of Engineering to this morning's meeting of the Board of Public Works and Safety, and with little fanfare, erased his previous line in the sand -- and drew a new one to the west of the intersection of Mt. Tabor Road and Klerner Lane.

Saturday, May 19, 2018

Gahan Money Machine: The Beam, Longest and Neff firm takes its turn at the wheel of the mayor's gravy train.

The city's newly ordained symbol is an anchor buried beneath the Ohio River mud flats, but there are no brakes on the Gahan Campaign Finance Express.

The Jeopardy! answer: "It's why we're here."

The Jeopardy! question: "How important is campaign finance to Mayor Jeff Gahan?"



Ah, yes -- the infamous classic video clip, embedded in one of 2018's most-viewed blog posts.

VIDEO: "That's why we're here," Gahan flails amid a pack of lies in this classic footage from last night's Mt. Tabor project meeting.

There's a reason why the forever agoraphobic Jeff Gahan's handlers keep him secured in the bunker, and it's because the moment any public scenario strays from the script, he cannot improvise. The more he tries, the worse it gets -- and the angrier he becomes.

In this video, observe his petulance escalate with each "that's why we're here," until he's demanding to know why citizens aren't listening to him, even as he insists his Potemkin facade of a meeting was to prove he's listening.

As you might expect, crumbs from the absurdly titled Mt. Tabor Road Restoration and Pedestrian Safety Project (did Pinocchio Rosenbarger coin that gem of purely Orwellian Newspeak?) conveniently landed in the mayor's re-election piggy bank.


In 2017:


In 2015:


And probably in most other years, too, although those are yet to come in terms of documentation.

But let's be fair about it, conceding that when you're a C-minus student on your very best day, sometimes the bright kids can help with term papers.

And they pay YOU to do it.


In 2017, Gahan came close to matching his mayoral salary with donations to his Fund for Future Enfluffment.


Following are a few recently considered examples of buying and selling a city.

Jackals at the campaign finance feeding trough: New Albany Housing Authority receives property needs assessment -- and in pour the donations to Gahan4Life.



Gahan Money Machine 2017: Tens of thousands from corporate outsiders, who by sheer serendipity get lots and lots of work here.



Paving news, but before that, a review of pro-Gahan campaign finance "engineered" by HMB and HWC.



Throwing Reisz: The Jeff M. Gahan Luxury Government Center keeps the emphasis on buildings, as opposed to people.



This just in: "I urge We Are New Albany supporters to back LaMicra Martin in tomorrow's primary."


Not to "neglect" two Golden Oldies from 2015.

ON THE AVENUES REWOUND: Money is the ultimate bully (2015).



The art of redistributive campaign finance: 1st class passengers in the Gravy Train kick the juice right back to Jeff Gahan.