The Highwayman at city council, 2009: "Romeo, Romeo,-------?"

Lloyd "The Highwayman" Wimp, who sadly left us on November 12, 2010, was an old acquaintance of my 1990s-era pub madness who became a dear friend as the years passed. 

By the mid-Noughts he was a Nawbany homeowner (on Spring Street between Vincennes and Silver) and began attending civic meetings, often with Mark "I Am Hoosier" Cassidy. The photo above shows Mark and Lloyd during The Great Smoking Ban Debate of 2008. 

Lloyd whipped cancer the first time, but lost the rematch. I can't tell you exactly how many reports Lloyd filed for NA Confidential, as Blogger has denied me the tools to calculate, but however many there were, I always encouraged him to do more because he possessed a natural style and an irreverent enthusiasm. As proof, Lloyd's posts at his own View from the Highway blog can still be viewed. 

From February 20, 2009, and a long-forgotten city council meeting, here's a sample of Lloyd's writing. 

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Romeo, Romeo,-------?

Could it be classic Milton Berle stand up comedy? 

Or perhaps a Shakespearean drama play? 

Maybe even a 21st Century intervention to save a lost soul? 

No, unfortunately it was just another biweekly episode of the New Albany Common Council. But be not dismayed for it contained elements of all the above. 

Shortly after 6:40 PM the comedy began as Deputy Mayor Carl Malysz became the latest member in good standing of the coveted and ever growing Ejaculattee Club for daring to enter the sacred chambers during an Executive Session of the Common Council. It took CM President Coffey less than 15 seconds to inform Mr. Malysz of his evil ways and sent him packing. 

The crowd in the hall (Mark & I) went wild and Cassidy reluctantly caught the evening’s refreshment bill as he lost the pool. 

The truly positive report of the night was given by Ohio River Greenway Project Coordinator Shaunna Graf during the 7PM workshop. Among other things she stated that Clarksville has laid the much of the groundwork and has the funds in hand to complete the connection across Silver Creek to the Floyd County line via the old Penn Central Bridge thru Loop Island. She all but promised that connection will be completed by late 2011 if not sooner, which would result in one being able to go from the river front all the way to Jeff Boat either on foot or bicycle. 

She warned however that the trail on the New Albany would probably still be au-natural as there remained work to be done with various State & Federal Agencies as well as additional funding to hook our end said bridge with our riverfront. But the trail would be passable at least for the hearty travels among us. Hooray!! 

When asked about progress with the K & I opening up, both she and Scott Wood reported that their Louisville counterpart was leading the charge and that it was still a high priority on Mayor Abramson’s to get done list. Scott said that he understood a letter of intent had been sent to the railroad referencing conversations that Louisville was having with various Federal Agencies on the matter. It seems that the railroad's response was that if anyone set foot on said bridge they would either be arrested by the rail police or summarily shot if not both. There was no indication of which order the aforementioned would happen however. 

My immediate red-neck reaction in these times of terrorists and homeland security issues was that railroad police or not, if any fool had the intestinal fortitude to take a shot at a federal official, I wish him the best of luck! So on to the meat of the meeting! 

The first person to take the podium during Communications from the Public was (surprise-surprise) the Operations Director of ROCK. 

Mr. Wickens was out of town on another matter and I speculated that perhaps he was sharing dinner & entertainment with an ACLU member in an attempt to find a way to combine their influence. 

At any rate she reiterated the negative affects on communities of such establishments, complemented the Council for its bravado in addressing this subject matter, and reassured all that ROCK had our backs covered as we move forward.

She was followed by one of the operators of the cabaret in question. He warned the Council they were on a very slippery slope with the legalities of this measure and implored them not to set the city up for a long expensive legal battle by passing the proposal. He continued that all of his employees were set to file individual suits against the City on 1st amendment grounds if necessary. 

I must apologize for not catching the names of either of the speakers mentioned. 

As for Communications from City Officials & the Mayor, Doug England was absent and Carl apparently took his cue from the earlier incident chose to remain silent for the evening. 

There followed a bit of confusion about some pending appointments and after a flurry of activity at the head table that issue got put off to a later day. 

R-09-02 which addressed a tax abatement for Specialty Earth Sciences, LLC received a 7-0 affirmative vote with little ado. Oh, I forgot to mention that CM Zurschmeide was also absent last evening. 

R-09-03 was tabled by CM Gahan for the time being. It concerned ordinance codification issues that he and his committee had not completed their research on and he requested more time to do so. 

R-09-04 was an Additional Appropriation resolution authorizing the parks department to use insurance monies already in hand for repairs of storm damage to city park amenities. It also passed 7-0. 

Ms Benedetti then chose to table A-09-01 which would have required the Sewer Board & Storm water Board to move their meeting times to evenings as opposed to the current 10AM time slot. The ordinance had been prompted by a public outcry from her constituents as they could not get to the daytime meetings and thus felt left out of the process. 

However, CM Benedetti apparently had a change of heart and pulled it from the agenda. She stated that at this point she was unsure whether or not it would be reintroduced at a later date. CM President Coffey stated that even so, she and the Council as a whole was to be commended for hearing the voices of the people. (A disclaimer-that’s a paraphrase)  

Then it got interesting. CM Gahan introduced A-09-01. That would be controversial salary amendment ordinance for the Sewer billing personnel. The 2nd reading vote was called for without preamble and was voted down. 

The 3rd reading was about to proceed when Jeff Gahan interrupted to ask if any discussion of the matter was allowable. CM Coffey answered in the affirmative and CM Gahan proceeded to say that his understanding was these raises had already been approved and put in effect by the Adfarm-near-me/">ministration without Council approval. 

Someone asked how many people received raises and we were informed that three did. Mrs. Dickey got $3K, Ms.Walsh $7K, and Mr. Thompson of the street department received $8K annually. 

This sparked a flurry of activity around the table. When asked from whence the monies came the response by Sewer Board President Ron Carroll was the funds came out of Storm Water coffers. When asked if these raises were retro to January of this year, Ron said yes! 

CM Price almost immediately offered that the Storm Water Utility obviously has an excess of funds at its disposal and proposed that maybe a rate cut for that utility was in order! 

Council Attorney Robison then said that when the discussion had originally come up as to whether or not the Sewer Utility could act independently of council approval he had asked for time to research the subject. He did so and submitted to the adfarm-near-me/">ministration a letter stating that in his legal opinion the matter did in fact have to be voted in by said council. 

He was then informed that it was a done deal and the retro checks were being processed. He requested permission from the council to sit down with City Attorney Gibson to discuss it at length. He was granted it. 

CM President Coffey stated that although there had been much said about working together, this was yet another example of some acting independently regardless, and the council was going to have to look further into the matter. 

We then moved on to the real hot-button issue of the night which was the Adult Cabaret ordinance. It passed 2nd reading 7-0 but the third reading was postponed to give the Council’s Committee time to try to work out an agreement with the Cabaret owners that would be palatable to all parties. 

And along those lines, CM Coffey had earlier encouraged Planning & Zoning Director Scott Wood to move with haste to define a Zoning designation for adult entertainment facilities. He stated he would be glad to but could not finalize such until the Council acted upon the Ordinance before it. 

That ending the official business of the evening. John Mattingly rose to implore the Council not to proceed to the point of this thing going to court. He said he had no desire to get involved in a costly legal battle and would hate for the city to do so as well. 

However, he continued, “I and my partners have spent a significant amount of money on this project and we are not willing to just walk away from it.” He was followed by an encore appearance by the ROCK representative wherein she once again complimented the Council for their due diligence and reassured all in the room that her organization was there to help in any way it can. 

With that the meeting was adjourned and a glance at the clock read 8:10PM. 

My, that went quick! Our very own Mark Cassidy approached the Rock rep and asked her if offering to help the city included raising funds to pay legal costs. 

She very carefully answered that in the past her organization had indeed assisted other municipalities find such and could possibly be happy to do so here as well if needed. Mark was very clear that she refrained from stating exactly what that “assistance” entailed! 

Me, I beat feet for Studios to find both bartenders standing at the end of the bar awaiting my arrival. One had a Sierra Nevada Pale Ale in hand and the other, holding a room temperature glass! 

And you scofflaws say New Albany has nothing to offer!!

Video: Lazy River Redux at Binford Park.

"Binford Park, New Albany, where the folks in charge recently spent $1,000,000 largely on grading and grass. It's not as if they weren't warned or didn't know that this happens there a lot. This is what monetization of the local political process buys. Rest assured, the contractors made campaign donations."
-- Jeff Gillenwater

Hold the Roundup, says former stormwater board chairman.

After this morning, it should be as high as a clergyman's eye.

NAC's article here ...

The native habitat of pokeweed, in storm drains, by one-way streets, but hey -- let's go swimming.

 ... inspired this comment from former stormwater board chairman Tim Deatrick. He begins by specifically addressing the photo above.

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This is the responsibility of the Storm Water Department. This is clearly neglect and a failure to provide routine maintenance that you, the residents and businesses, are paying storm water fees to take care of.

Back in 2006, when I was chairman of the first Storm Water Board, we contracted out the operation to EMC because essentially the city run program was a disgrace, inefficient and a complete failure. Under our leadership and the professional management by EMC, you did not see weeds growing out of storm grates and there was a concerted and systematic preventative maintenance program in place with full reporting and accountability.

Ask yourself has drainage improved with the city run operation and are you getting your money's worth?

Given the obvious flooding issues that are being so nicely demonstrated by Roger's photographs, I think the answer is a resounding NO!

Yet this Mayor who praised us initially when he was a city councilman, led the council's decision to sue the Board when we privatized the operation, which by the way was a defeat for the council in court as the judge ruled in our favor.

But his city council district got a nice capital improvement project (Castlewood) as soon as Doug England took the helm again. Castlewood was a high priority capital project, but it got bumped up ahead of other areas that rated higher -- can we say political pay off?

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As a final comment as to the suggestion that residents who pay fees to keep storm drains clear should buy their own supplies and DIY, this comes from Marcey, my friend and campaign treasurer.

I really don't think the EPA wants us to use Roundup in the storm drains do they? In fact, I believe I remember the city threatened to fine Keep New Albany Clean and Green if they used any weed killer in the downtown area. To be honest, if the streets, curbs and sidewalks were properly maintained this wouldn't be the overwhelming problem that it is in most every neighborhood in New Albany.

The native habitat of pokeweed, in storm drains, by one-way streets, but hey -- let's go swimming.

A tree grows from the storm water grate. Move along; nothing to see here. After all, it's New Albany.

I decided to have some Fb fun with it.

Tonight, I'm announcing a pioneering new civic initiative: The Storm Grate Beautification Project. Citizens can farm their own plots just like this one, with the street department serving as default soil banker, using TIF funds not to exceed $3 million. It's a when-when proposition, folks.

Meanwhile, the original post generated a discussion, the highlights of which are worth recapping. There isn't a conclusion. At times, knowledge is gained via the journey itself.

Ann Streckfus: Where is this?

Roger A. Baylor: Northeast corner of 11th and Market.

AS: I think things like this really should be taken care of by the property or business owner that this is in front of. Can't expect the city to have the manpower to weedeat and Roundup everything. We clean our sidewalks, street copings, etc.

RAB: If this is the expectation, it doesn't bother me. What's the obligation to make this known? Is there an enforcement mechanism? Do we budget for it in Stormwater?

AS: I have seen city workers cleaning around storm drains, so I know that they do try to address weeds and debris that affect drainage. But this is also a matter of citizens showing pride in their neighborhood and keeping up with the smaller details like weeds in pavement and sidewalks. Some will ignore any enforcement mechanism. It may not be 'fair' but those of us who are proud of our neighborhood will be the ones who'll handle this type of thing.

RAB: Voluntary -- rather like slumlords and their self-enforcement mechanism.

AS: There are always going to be slumlords and slobs who don't care a bit what their environment is like or how it affects others. All the laws and ordinances will do nothing about them. Many of them will spend more money fighting those laws and ordinances than simply doing what it would take for them to comply.

RAB: Yes. So, how do we have a system of law given this sentiment? Do we give up and merely prune our own medians? I'm not being combative, just finding the implications rather disheartening.

Randy Smith: How many lots should each responsible householder be responsible for? For if your neighbor on the left and your neighbor on the right don't agree with you, Ann, where do you give up and rely on taxpayer maintenance of the streets?

AS: If I had to come up with a system this is what I would do. I put together a budget of what it costs to maintain areas within the city such as medians and other city-owned common areas. Then I would determine if a specific city department is responsible for that area, for example, storm water handling the storm drains, and assign each that responsibility. This may already be the way the city handles it. Then in a mailing, perhaps inserted into everyone's sewer bill, I would include a flyer with bullet points telling citizens things they can do to help keep the city looking good. I think you have to put some responsibility on the citizens. We cannot expect the city to have the manpower to take care of every minute cosmetic detail.

RAB: True. And we can't all be responsible for paying for cosmetic details better left to property owners, although there are lamentable exceptions.

AS: Speaking for myself only, if my neighbor to the right or left (or both) didn't agree and didn't maintain the areas, I'd do it.

RS: And the streets? and the next 2 neighbors? And the next 2? Here's an idea. Let's collect taxes from every property owner and hire someone to make sure every curb, sidewalk, gutter, and street are kept up. I know it's a radical idea.

AS: BTW, that's a pokeweed and not a tree. It takes about 5 minutes to walk down one block and spray Roundup -- for the next 2 neighbors, and the next 2, and so on . . .

Jeff Gillenwater It would take at least a couple hours to recount the absurdities of City "maintenance" we've encountered just on our corner. What used to be a strong, concentrated effort on my part to make up for that has gradually devolved into bare minimums. No more cleaning multiple drains on a regular basis for me. If it weren't raining today, I'd likely be mowing the sidewalk, though, and dousing the entire perimeter in chemicals for the fourth time this season as "Improvements" have led to increased drainage issues and a curb jagged enough to cut car tires regularly gets reseeded with the debris that collects. Great to see the street sweeping program being expanded, though, given how obviously ineffective it is. If this City competently expended already available resources on basic, functioning infrastructure rather than allowing it to languish in favor of high dollar, lower impact specialized projects, the burden on citizens to fill the gap could be significantly reduced. That is, after all, what we pay for. Taking care of or improving that infrastructure is what TIF is for as well, though it's difficult to tell that in New Albany based on actual usage. As is, it becomes clear pretty quickly that so many individual efforts are swimming against the City current, not with it. It's no wonder floating is a popular choice. "Never mind the rampant waste, lack of transparency, and obvious political gamesmanship. Have pride and do it all yourself." It's like paying someone to mug you.

RS: Atlas Shrugged.

Wanda Vest: I now make half what I made 4 years ago and can not afford Round Up for my neighborhood.

RAB: Jeff Gillenwater, are you trying to say that you didn't get any trickle over from the Main Street beautification project?

JG: Not yet, but when we all get to pay extra for the long term maintenance of Main Street because the long term maintenance money from the state was spent making that maintenance both more expensive and largely unfunded, I figure that will be my part then. The City has replaced a small section of the sidewalk on 14th street over the past few decades, installing a regular, raised curb in front of the driveway into our garage. I've only asked City officials about it nine or 10 times so it's probably my fault. It'd be really nice to be able to actually use the garage we pay for but, hey, I understand that the civic pride induced by individual house numbers laid into the Main Street sidewalk trumps any trivial concern like that. Maybe the drainage overflow will eventually wash that part of the curb away too, and we can just steer through the weeds. The good news is that the unusable curb is actually a bit better than what I've since become accustomed to. When I say I could go on for hours about this stuff, I'm not exaggerating.

RAB: With reference to the curb, and our aggressive program of knocking down houses for replacement by balsa wood facsimiles, I ask this question sans irony: Is there a point when the planned demolition of errant infrastructure "improvements" becomes the only feasible strategy?

JG: Yes, I think we passed that threshold a while ago, especially considering that they continue to spend so heavily on errant "improvements". I've often joked that my first five years in New Albany were spent begging the City to spend money and the second five has been spent begging them to stop.

Tim Deatrick: It is the city storm water program's responsibility to maintain a free, unobstructed flow to storm drains, therefore the weeds and tree growing here falls on the city to take care of the problem.

Ann Baumgartle: If we just park a junk car that never moves there we won't have to see the tree growing out of the storm sewer.

Barbara Anderson: I don't know, I think every party should have some planned green space.

My opinion: New Albany's city council should address the fundamental problems with drainage, and ditch the Kris Kringle garb.

Yesterday’s Tribune article previewing tonight’s 2009 city council finale cannot be found on-line at this time, so forgive me for not linking to reporter Daniel Suddeath’s article.

His coverage begins with a rhetorical question: A council that typically refuses to approve stormwater and sewer fees commensurate with the cost of their governing bodies being able to do their jobs correctly is being asked to spend $400,000 in the form of a bailout, with monies to be given to people who suffered damages from the year’s floods.

As such, is the money better spent as one-time compensation for damages, or as part of a properly funded effort to fix the problem so it (perhaps) doesn’t happen again?

We know the tale: It rained quite a lot at various times in 2009. On more than one occasion, the sheer volume of water pouring from the skies led to flooding in certain New Albanian neighborhoods. Some of the damage resulted from run-off, and some of it from overwhelmed storm water drainage and sewage systems.

Subsequently, in a process that is ongoing, those suffering damages from flooding have sought numerous forms of redress, ranging from claims against their own insurance policies to tort claims filed with the city’s carrier, and including applications to federal and state agencies for relief and assistance. Without assembling an actual scorecard, it would seem that these efforts have resulted in mixed success, if even that much.

Perhaps there is a reason for that, and perhaps not.

Particularly after storms in early August, the city council chamber became the chosen venue for citizen gatherings and petitions, and that’s fitting, proper and perfectly understandable. What is less understandable to me is the council’s apparent eagerness to accept the city’s responsibility for a state of affairs that is far more complex than pointing pudgy fingers at various elected and appointed officials.

Not that I don't feel badly for the waterlogged. As previously stated, I’ve been there and done that. When my ex-wife and I bought our house off Castlewood in 1997, there were foot-high water marks on the concrete walls in the unfinished basement. The message was fairly clear to us, and within weeks of moving in, these marks were exceeded in height. Rest assured that we had not laid carpet or put up drywall in the interim.

But: Does the act of distributing “one-time” (until the next time?) checks in the form of a transparently and politically expedient bailout really do anything at all to address root causes of the issue, especially the eternal preference of the grandstanders on the council to exclusively blame developers and zoning conspiracies for the drainage problems rather than realizing that each and every one of us has acquiesced in the way this city has been developed and redeveloped over the years?

Citywide involvement and input might be helpful in advancing responsible development, but it must occur during the boring times when anger isn't dominating the discussion.

More importantly, isn’t it true that the same politicians who have loudly decrying storm water damage have also habitually voted against equitable funding solutions for stormwater and sewers?

As such, are they prepared to blame themselves along with favored targets in City Hall?

That would be refreshing, and it’s as likely as Miller Lite somehow developing flavor.

In Suddeath’s article, John Gonder seems to be the councilman who is taking these points most rationally. Let’s hope his viewpoint resonates among the others, because the precedent of the bailout is not a very good one. If the money is to be spent at all, it should be spent on addressing and repairing the cause, and accompanied by a rate increase that’s enough to assist in the effort. Masquerading as Santa Claus is not the correct response, but if you walk into the meeting room tonight and see Jeff Gahan dressed in red …

Enduring city council images, Part 356.

Which other neighborhood?

Understanding that eleven minutes wasn't enough for me to grasp very much at last week's city council meeting, I'm still puzzled by one comment.

As Mrs. Baird reported at her blog:

Jason Hublar of the Falling Run Group questioned where the money would be spent if the fees were raised. He said the $100,000 appropriated was spent in another neighborhood. A representative from the Stormwater board said the funds are used on a case by case basis.

Do we yet know which neighborhood was being referenced here as the recipient of money that Mr. Hublar thought was coming his neighborhood's way?

I'm just curious, given that the Coffey strategy throughout the current stormwater debate has been to divide the city's neighborhoods, pitting them against each other to bob for farthings, when their real collective ire should be directed against Coffey and his do-nothing, dilettante council compatriots.

August 3 city council meeting notes, part three: Tree board and ordinances, including fee increases.

At roughly 9:20 p.m., a three minute break.

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We return to an appointment to the tree board to satisfy John Gonder, and the approval of Huncilman's CF1 tax abatement form. Coffey apologizes for keeping him waiting, and the man says he has "enjoyed" it so far. It's about to get better, isn't it?

Ordinances and resolutions

A-09-10 (Gahan 1) EDIT money appropriation for storm water

$75,000 resolution amount becomes $100,000 tonight, because this is the ordinance, by golly, and we rounded up. Council members are still trying to decide where the money is going. Caesar says we have to start doing something now. Price says the rate increase is cart before the horse. Must know where the money is needed first. Price corrects the administration as to the origins of the storm water board, a peculiar obession of his. Coffey wants it stated that the board is three years old. Rate established at inception was to be for five years.

K Zurschmiede clarifies again: From EDIT, not Rainy Day? Rainy Day for future raiding? Gahan says yes, whatever, take it from anywhere. “We want to move as fast as we can.” Kay Garry says because it was advertised as EDIT, must be from EDIT. She could change the newspaper ad if they want to raid Rainy, too.

1st reading: Against … none
For … all of them

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G-09-14 (Messer 1) Home Rule ordinance to pay for the best interests of New Albany

Garry: State says a line item something or another must have an ordinance, somehow an edict of the state for a specific economic development expenditure. Used for 4H Fair night tickets, etc. Things like that. Only once was the $4,000 already spent. Housecleaning only.

1st reading: Unanimous.

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G-09-15 (Benedetti 1) user/service fees for storm water
Benedetti expresses favor. Gonder asks whether unpaved roads are subject to stormwater fees (??). Apparently yes.

Price: 5-year-plans back in ’06. Nought six, Anje. I know we had to buy back EMC, etc. Are we paying a secretary $40,000 a year? Who is it?

Kay: Error. She makes $23,000

Price: Shane, what about non-compensating board members? It was in the by-laws. How did that change?

**Kay: The council changed it. “You all passed it and signed it.”

Price votes “no” so often that he can’t remember voting against storm water compensation increases. Now he is silent again. Won't be for long, although if the voters think about it, perhaps Price silence can be permanent soon.

Gahan: Moving the rate without a master plan?

Engineer: Different rates provided to show improvements possible at different monetary expenditures.

KZ wants to see the original budget again. Thinks it is different from the way tonight’s report is set up.

Engineer: A lot went out with EMC.

Not a budget, but prepared by an auditor of sorts. The bottom line is correct, according to the engineer.

Benedetti: Kelly Welsh’s salary? Kay says no, her main salary comes from the sewer department. Kay didn’t get a chance to see it.

Shane: A draft, taking previous numbers and putting them into categories. We can find out exactitude, but this shows you where the money has gone (Messer: “perspective”). It shows what can be used for capital improvements, not a budget.

KZ: “We have to have an actual budget” (where have we heard this?) Kay says it has been given out to them. KZ apparently has forgotten.

Price now uses the word “fictitious,” probably because Barney Fife once said the same word on an episode. Price understands that money is needed, but his concern is accountability.

Price: “They hit us up with code enforcement, and we spent all that money on code enforcement” … stream of consciousness, now he’s talking about mulch and Earth First, “if you don’t think there’s waste, I’m out of here.”

GO GO Go Go Go Steve ... go Steve ... just please go

(someone behind me calls Price an "idgit", and I laugh out loud)

Coffey wants to know why he can’t design the project himself, hell, anyone can do it. Response is that city engineer Tim Marinaro is not licensed to do it and can’t be expected to, but at least we have a city engineer again after many years.

Coffey: “Here’s the biggest problem I have … new people … thing is … told people twict (twice-t)… every time you turn around, I’m not gong to take anybody on face value anymore.”

“Not going to sit here and appropriate more money.”

Messer now calls Coffey out, dramatically: According to the rules of order, which Coffey regularly flouts, Coffey must relinquish the chair if he wants to speak on an issue. Coffey looks annoyed.

Price: “He has a right to speak.”

Coffey: “They can come back and ask for more (money)”

Now some of the storm water victims stand up and begin agreeing to pay extra to make things happen. “I’ll pay that money.”

Storm water president prlomises to watch over increased funds.

Pat McLaughlin now (why?) wants to find out about paving. Plan and master plan for paving was drawn up, and then Spring Street was the first one to be paved, how come?

Kay Garry says: Spring was paved with LRS money, not the $2 million allocated by the council. What any of Pat's thoghts tonight have to do with reality is getting harder to determine. Bet his cell phone was buzzing with Erika mash notes prior to the meeting.

Pat should yet again be the swing vote, although the late arriving Bluegill thinks that Pat will vote yes.

My prediction:
For: BC, JoGo, PM, DB, JM,
Against: SP, JeGa, KZ, DC

Actual vote on 1st reading (passes 5-4):
For: BC, JoGo, JeGa, DB, JM,
Against: SP, KZ, DC, PM

There'll be much chicanery on this one by the time we get to the third reading.
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G-09-16 (Messer 1) refuse, garbage and yard waste user/service fees

Price: We put the horse before the cart (huh?), it’s called “enabling” … some people have money … people on fixed incomes ... despair and gloom ... trucks running round … guy here will do the whole thing for less …

Does Steve Price have a real job?

Gonder: Bring the price up to break even on the disparity, then the buck fifty’s (got junk oral bid) adds up to less than Ecotech.

Gonder: Why does Ecotech need to be the favored vendor?

Council attorney Stan Robison wants to look it over. Does it have to be bid out again for a whole new service if it's a different service?

Shane: We have a bid of sorts from Got Junk. Must see what is involved and what would be done.

Messer: Can we pass this with no dollar figure in place?

Coffey: Won’t die regardless. It’s only first reading.

Much futile discussion over terms and such. No one knows anything. 9:50 p.m.

Gahan: Let it rip. Messer offered to table. Shane says, now we have a potential solution. Keep the ball rolling, and go from there.

Coffey: “I got a question, irregardless, you’d have to sit there, at that point in time, you’d have to rebid this.”

Shane says they’ll be reviewing this in the morning.

Stan: New services have to be rebid.

Actual vote on 1st reading:
For: JoGo, DB, JM,
Against: BC, SP, KZ, DC, PM, JeGa

Does not pass first reading.

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Z-09-09 (McLaughlin 2 & 3) Sprigler Builders with Krafty John, Coes Lane

Pat McLaughlin says he tabled it and doesn’t know why it has been revived, but Benedetti explains the "becomes law if not considered a certain number of days from introduction" clause, and illustrates that Pat doesn’t know procedure. A bad night for him. He needs something that is a core plitical value. Even Price has it, although Price's is always wrong. Pat wavers because he doesn;t stand for anything.

We leave before it is decided, because it's my brithday, damn it, and I want a beer.

end of report

August 3 city council meeting notes, part two: Communications from the mayor and city officials.

My notes as hastily scribbled last night in the absence of a signal, presumably because Dan Coffey jammed it with twine and used Bazooka college degrees/gum wrappers.

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Communications from city officials

Pat McLaughlin: Very dire need with the water problems. Refers back to decisions to fund police. Thanks the council needs to move on it.

John Gonder: Housekeeping … John Rosenbarger contacted him about the tree board, which could receive a grant if one is constituted. Reads a resolution into the record from the Carnegie Center (regarding the Coyle building). What positive steps can we take to help these people? Mentions e coli, and references residents of long standing noting changes. Moratorium on building permits until the stormwater master plan is completed and judges to be sufficient? Gonder supports something like this. “Put the brakes on.”

Benedetti: Has read the ordinance. In work session, it becomes clear that the ordinance needs to read “under an acre,” meaning that the council would be able to peruse it (I believe) – can’t take away the right of a developer to agree to changes … okay, I don’t know what she’s trying to say.

Gonder and Benedetti discuss lot sizes and who reviews construction, and who should or should not build retention or detention ponds. She scheduled the work session because you “can’t punish every body because some developers do it right.”

Gonder: Take a look at development. Too many variables. We don’t know what it is, so should hold off building new houses.

Steve Price: What struck him was people saying when things got built, it got a little worse. Can you redo things already built, make it better or something? (stream of consciousness, hopscotch, whine)

Gahan: Committees? Tabling things tonight?

Coffey: “We’re going to have to come to grips.” Believes that developers hire engineering firms to tell them what they want to hear, and therefore, the council has to protect people from them.

Coffey: Describes another committee. He has talked to the county commissioners about a joint storm water committee to come up with “concrete” in 30-45 days.

Gonder: Tree board?

Coffey: Under appointments.

Gahan: Wants to bring the county in on a rate change, too, if city council will talk about a rate increase tonight. They need to do it there, too. “We’ve got a mess there.”

Coffey: Maybe we can’t bring them together. Not for any rate increases until we take what we’ve got and get something done in the creeks, etc.

Coffey: Indicates that he cannot support any rate increases of any sort.

Mayor’s communication

England: (To Coffey) I see what your vote is, so now I don’t have to bother …

England: Describes the stormwater utility takeover. Has assigned engineers, not political. Educated people who know what they’re doing. “What we’ve got is picks and shovels.” We’re trying. It’s not anyone’s fault, but it’s all of our fault because the rate is too low. It cannot be done with what we’ve got. Must raise the fee to have enough money to get something fixed. Taxes barely pay for police and fire. Absence of gas money meant paring the street department back. A couple of these rates have not been raised for six to eight years.

No new taxes, no new fees. Fees for services, not taxes. It is a service, not being paid for out of taxes. No new fees, but raising them to where they are effective. Erika spouts off in the rear. She was out front smoking before the meeting.

Work on the creeks wasn’t done. Give us a chance and give us the tools to do something.

Feisty old dude again: “We give you the raise … when are you going to start cleaning them? The guy before you and the woman before that didn’t do anything."

Engineer says he has the documentation to prove they’re working.

Woman says nothing is being done behind her house.

England: Only been on it for a couple months (since EMC was canned). “I resent” some of the things I’ve heard, you can’t “scare me politically.” Faces to the FOX news woman and says that he won't be intimidated by news teams.

England: “You can kick all our asses out in two and a half years.”

Describes the garbage fee disparity. “I didn’t bid these contracts, I inherited these contracts.”

“There’s no free lunches.”

“Think about what’s right for the city.”

Coffey: Giving up a new parking garage is called a “priority.” Always back to the new parking garage. “You don’t take away from another fund.”

England: (sarcastically) “Let’s keep on doing it your way, Dan.”

Benedetti: I had a phone call today from an elderly woman who didn’t understand the fees for the garbage. Would something be able to be done for fixed income people who don’t fill their cans up? Like color the cans differently depending on use?

England: Colored cans, a great idea. Could happen if we make things self-supporting.

Much other talk but I got bored. It transpires that a rep from Got Junk is in the room and says his company can pick up all the yard waste and junk for $1.50 a month. England seems delighted and says they'll look into it.

(end part two)

August 3 city council meeting notes: Work session, public hearing and public communications.

As written last evening.

---

I could not get wireless access tonight in the council chambers. The diagnostic showed that I was connected with the city, but the city wasn’t connected with the Internet.

There’s something poetic about that.

I can fully envision the Verizon Wireless man shrugging and saying, “yep – it’s a dead zone,” and fleeing for more hospitable climes.

The work session was in progress at 6:45 p.m. when I walked in. Mrs. Benedetti was chairing in Dan Coffey’s absence, but then he came in, as did Pat McLaughlin.

President Coffey said that there must be something in place to “guarantee” (his words) that any new development won’t result in things going wrong in existing developed areas.

7:15 pm: Jeff Gahan scolds Coffey when Coffey begins the public hearing on the EDIT funding proposal for stormwater by asking whether it was to reimburse flooding victims. Gahan urges him aloud to “read it … check it out.”

Gahan explains that the bottom line is that the stormwater had no money but the Rainy Day fund has $1.3 million, so it should go to projects.

But he immediately contradicts himself (“I stand by that”) that certain “special” cases could still make the case to the board for cash. He does not provide criteria. Gahan repeats that he wants funds to go to projects and also that prime sufferers not be forgotten.

Benedetti: Tort claims will go to insurance company.

Gahan says he knows that, and now twists again to say that he wants corrective project money only, to the storm board, and that the council won’t have control over its use.

Confusing, indeed. Apparently the council is to have its political cake and eat it, too, which is par for the course.

Meeting begins at 7:33 p.m.

Minutes approved without complaint.

Peggy Baas from the Kentuckiana Celtic Foundation appears first to discuss the pre-concert portion of the festival on August 22, a flyer for which was handed out.

Public communications

This week, I’ll skip over the public speaking details because so many of them are going to be similar to what we’ve heard the past few meetings. If someone says something out of the ordinary, or for noteworthy quotes, I’ll list them.

“We’ve had willy-nilly development.”

“We have to control the run-off and the development.”

Ooohh ... Fox-41 arrives to sensationalize the proceedings.

Speaker three gets emotional.

“The problem’s gotten worse … I’ll sell my home cheap, and you can use it for a catch basin.”

Speaker four cries, too. This could get maudlin quickly.

“It’s not fun … we need help.”

Television camera captures the emotion, the work session discussion, which was fairly earnest and constructive. That's the way it works, and there is plenty of emotion for capturing.

Question: “Can we use FEMA funds for these areas?” (Translation: Can the Federal government bail us out?)

Mayor England: “We’re doing it now.”

Speaker number five says a study is not needed, and he takes about ten minutes to make the point: “I’m willing to help, and I won’t charge them a nickel.”

(Voice behind me says, “no more building above us)

“We put England in there, and England ain’t no better than he (Garner) was.”

He now explains his garden and that of his neighbor, featuring green beans and ‘maters. Rather charming, almost Mayberry-like. Steve Price is enamored.

(Coffey interjects: “The bottom line … EMC had the contract … in fairness to the mayor, he went and got the contract back so the city could do the work again.”)

Jason Hublar, the fellow who has been chatting with the FOX camera girl, has started the Falling Run Creek Group, and says that the mayor’s office first told them it was the people’s fault for throwing things into the creek, at least until the television crews began coming out. He graphically describes the sort of sewage debris that oozes up. It's disgusting, for sure.

“The city has enough money that this sort of health concern should have been taken care of the first time it happened.”

“I don’t even like to let my dog outside. It has to be made a priority.”

Describes what will happen when they contact the EPA, not to describe flooding, but to describe human waste all around. Compelling.

“I’m standing here talking right now … if it doesn’t change after this, we’re going to keep going with it.”

Speaker number 7 describes the possibility that e coli bacteria is in her dirt. How can a test be done?

“What’s in our yards?”

“We’re depending on you …” And she doesn’t care about previous governments and their records. She teaches elementary school and makes the point that we can petition government. She’d like to tell her kids that everything worked out.

We’re at about 30 minutes of public speaking time. Speaker number eight reads two letters from people who couldn’t attend.

Mrs. Baird: Does not agree with a tax increase. She likes Steve Price’s idea to charge more to pick up large items of trash. Confirms downtown growth and an impending increase in the tax base. Take a deep breath and wait it out. Says that the city’s taxpayer’s don’t want a tax increase. Several people behind me mumble disagreement with this. I disagree, too. She hears what she wants to hear, and from those she chooses to listen to.

Next guy brings his child to the podium and speaks about how his children are losing their childhood, and the council should do something about it.

I believe we’re at number 10 and 11.

A woman along Green Valley (I think) says that erosion threatens venerable trees, and she has a erosion report that shows the destination for these falling trees to be the creek, which will flood people behind it. Trees are on the edge of the creek, and they used to be 15 yards away.

Says that no one from the city has come in spite of promises to do so.

8:28 ends public input.

Coffey addresses the crowd: “A real eye-opener” … grandstands to the crowd and doubts whether we need new city hall and “parking garages” – shameless display of pandering. “We can’t allow this to go on now that we know.”

One of the classic Coffey pander-thons.

Coffey now begins blathering about accountability and forming new committees to insure accountability. The talking point for the Luddites will now be that we cannot move forward on any front until we can “guarantee” no further damage to these people, as opposed to “them” people.

Exactly how can Coffey "guarantee" anything?

Another speaker comes forward to get emotional and say that never before has water been an issue. Twice within a month she was surrounded by water.

“Pray to God it doesn’t rain hard until August 7” (when flood insurance kicks in).

(end part one)

Sixth installment of "live" and increasingly "dead" blogging: Resolutions, ordinances and scenery chewing.

INTRODUCTION OF ORDINANCES AND RESOLUTIONS: READING

R-09-16 Resolution To Appropriate E.D.I.T Funds To Assist Residents With Damages Caused By Recent Storms And Flooding (Gahan)

Bob Caesar adds his addendum to the Gahan resolution. Because it is a resolution, it can be introduced in modified form.

Coffey: Who enforces this? Answer is: Stormwater Board. Coffey rolls his eyes.

Jack Messer notes that stormwater has a machine for trenching that it is not using and hasn't for seven months.

Kevin Zurschmiede (first comment, 2:15 into the meeting): Accountability! They're not here because we have tough questions for them! Every deppartment needs to be accountable! Namechecks Erika. "There's no accountability." KZ grandstands about accountability, the new mantra.

Caesar: "We have to do something for these people," and "start now, not in nine months."

Benedetti: But we give them money and it doesn't change! How do we change that?

Coffey: Cut 'em, cut 'em.

Price: We had to sue to do something.

Messer: This administration hires people who won't work. Need different contractors, new people. They're not working.

Benedetti: Something about Ron Carroll hiring or paying too much to someone. Now they're getting tired and mumbling all at once.

Coffey: Bob wants to hire college kids for creek cleaning, and Kay Garry found out that the stormwater slackers already allotted money for this! We'll approve the $25,000 requested by Caesar for cleaning up cricks. Where to take it from?

Marcey: Kay and I figured it out. Explains the part-time scheme. It would take about $23,400.

Discussion about how to pay them.

Messer: Corrections people?

Paul Haub: "Use community service people." They could do it for free.

Coffey: The other $75,000? Where? To the people?

Gahan: The stormwater board makes that decision.

Benedetti: "What do I say to the people who come up to me" and can't afford the repairs?

Gahan: Stormwater and sewers make these decisions every day?

WE HAVE NOTHING REMOTELY RESEMBLING A RULING CLASS IN THIS CITY. WE HAVE SPENT AS MUCH TIME ON OLD GRIEVANCES TONIGHT AS ANYTHING ELSE, BECAUSE THIS IS ISSUE IS NOT CAPABLE OF BEING SOLVED BY DISBURSING MONEY TO THE FLOODING VICTIMS. THIS IS OF A SCOPE THAT ELUDES THEM ALL.

Coffey: Attorneys will swarm if some people get money and others don't.

They're arguing about the terms of a city-wide bailout.

Shane Gibson speaks: We try to determine on a case by case basis. Sewer claims have a $25,000 deductible. Most of the current crop would go past deductible. No specifics, but never this many problems. Many of these claims will be handled by the insurance company.

Gahan: Still a council issue, because "we have to come up with the big fix" and tackle the problems presented tonight.

Really? THEM?

Coffey: "Why do we need this $75,000?"

Gibson: The extent of this problem is for the insurance company. The deductibles owed by the city will come from the sewer utility, as it has done in the past. Now getting claims. No idea of the total cost when all is said and done.

***Gibson: "We still have to determine if the city is liable." Not comfortable just throwing money out because it can't be policed ... because it would not lend itself to accountability. Recommends it be specifically earmarked for the emrgency stormwater.

But that would run counter to Coffey's aim of kneecapping stormwater.

Vote: Price hems, haws, squawks and votessssss yes. Messer abstains. Zurschmiede now speaks up about water in his building, abstains. Coffey abstains. 6 yes, three abstain, I think.

Bizarre.

R-09-17 Resolution Concerning Statement of Benefits For VTI of Indiana Door, Inc, DBA Ideal Door Division by the Common Council (Gonder)

Marcey Wisman reads amendment to transform the abatement to five years for equipment. Unanimously approved.

R-09-18 Resolution to Fund the City Portion of a Fire Department Grant to Purchase a Multi-Task Emergency Vehicle (Gonder)

This is what the fire department is here to discuss. Poor guys. They got a grant for most of it, need $47,000 as the department's share. Coffey hates to turn it down because some other grants don't require matches. The chief explains. Vote by hand: Unanimos in favor.

Coming back for the grand finale.

Romeo, Romeo,-------?

Could it be classic Milton Berle stand up comedy?

Or perhaps a Shakespearean drama play?

Or maybe even a 21st Century intervention to save a lost soul?

No, unfortunately it was just another biweekly episode of the New Albany Common Council. But be not dismayed for it contained elements of all the above.

Shortly after 6:40 PM the comedy began as Deputy Mayor Carl Malysz became the latest member in good standing of the coveted and ever growing Ejaculattee Club for daring to enter the sacred chambers during an Executive Session of the Common Council.

It took CM President Coffey less than 15 seconds to inform Mr. Malysz of his evil ways and sent him packing. The crowd in the hall (Mark & I) went wild and Cassidy reluctantly caught the evening’s refreshment bill as he lost the pool.

The truly positive report of the night was given by Ohio River Greenway Project Coordinator Shaunna Graf during the 7PM workshop.

Among other things she stated that Clarksville has laid the much of the groundwork and has the funds in hand to complete the connection across Silver Creek to the Floyd County line via the old Penn Central Bridge thru Loop Island.

She all but promised that connection will be completed by lat 2011 if not sooner which would result in one being able to go from the river front all the way to Jeff Boat either on foot or bicycle.

She warned however that the trail on the New Albany would probably still be au-natural as there remained work to be done with various State & Federal Agencies as well as additional funding to hook our end said bridge with our riverfront. But the trail would be passable at least for the hearty travels among us.

Hooray!!

When asked about progress with the K & I opening up, both she and Scott Wood reported that their Louisville counterpart was leading the charge and that it was still a high priority on Mayor Abramson’s to get done list.

Scott said that he understood a letter of intent had been sent to the railroad referencing conversations that Louisville was having with various Federal Agencies on the matter.

It seems that the railroads response was that if anyone set foot on said bridge they would either be arrested by the rail police or summarily shot if not both. There was no indication of which order the aforementioned would happen however.

My immediate read-neck reaction in these times of terrorists and homeland security issues was that railroad police or not, if any fool had the intestinal fortitude to take a shot at a federal official, I wish him the best of luck!

So on to the meat of the meeting!

The first person to take the podium during Communications from the Public was (surprise-surprise) the Operations Director of ROCK.

Mr. Wickens was out of town on another matter and I speculated that perhaps he was sharing dinner & entertainment with an ACLU member in an attempt to find a way to combine their influence.

At any rate she reiterated the negative affects on communities of such establishments, complemented the Council for its bravado in addressing this subject matter, and reassured all that ROCK had our backs covered as we move forward.

She was followed by one of the operators of the cabaret in question. He warned the Council they were on a very slippery slope with the legalities of this measure and implored them not to set the city up for a long expensive legal battle by passing the proposal. He continued that all of his employees were set to file individual suits against the City on 1st amendment grounds if nesessary.

I must apologize for not catching the names of either of the speakers mentioned.

As for Communications from City Officials & the Mayor, Doug England was absent and Carl apparently took his cue from the earlier incident chose to remain silent for the evening.

There followed a bit of confusion about some pending appointments and after a flurry of activity at the head table that issue got put off to a later day.

R-09-02 which addressed a tax abatement for Specialty Earth Sciences, LLC received a 7-0 affirmative vote with little ado. Oh,I forgot to mention that CM Zurschmeide was also absent last evening.

R-09-03 was tabled by CM Gahan for the time being. It concerned ordinance codification issues that he and his committee had not completed their research on and he requested more time to do so.

R-09-04 was an Additional Appropriation resolution authorizing the parks department to use insurance monies already in hand for repairs of storm damage to city park amenities. It also passed 7-0.

Ms Benedetti then chose to table A-09-01 which would have required the Sewer Board & Storm water Board to move their meeting times to evenings as opposed to the current 10AM time slot. The ordinance had been prompted by a public outcry from her constituents as they could not get to the daytime meetings and thus felt left out of the process.

However, CM Benedetti apparently had a change of heart and pulled it from the agenda. She stated that at this point she was unsure whether or not it would be reintroduced at a later date.

CM President Coffey stated that even so, she and the Council as a whole was to be commended for hearing the voices of the people. (A disclaimer-that’s a paraphrase)

Then it got interesting. CM Gahan introduced A-09-01. That would be controversial salary amendment ordinance for the Sewer billing personnel.

The 2nd reading vote was called for without preamble and was voted down.

The 3rd reading was about to proceed when Jeff Gahan interrupted to ask if any discussion of the matter was allowable. CM Coffey answered in the affirmative and CM Gahan proceeded to say that his understanding was these raises had already been approved and put in effect by the Administration without Council approval.

Someone asked how many people received raises and we were informed that three did. Mrs. Dickey got $3K, Ms.Walsh $7K, and Mr. Thompson of the street department received $8K annually.

This sparked a flurry of activity around the table. When asked from whence the monies came the response by Sewer Board President Ron Carrol was the funds came out of Storm Water coiffures.

When asked if these raises were retro to January of this year, Ron said yes!

CM Price almost immediately offered that the Storm Water Utility obviously has an excess of funds at its disposal and proposed that maybe a rate cut for that utility was in order!

Council Attorney Robison then said that when the discussion had originally come up as to whether or not the Sewer Utility could act independently of council approval he had asked for time to research the subject.

He did so and submitted to the administration a letter stating that in his legal opinion the matter did in fact have to be voted in by said council. He was then informed that it was a done deal and the retro checks were being processed.

He requested permission from the council to sit down with City Attorney Gibson to discuss it at length. He was granted it.

CM President Coffey stated that although there had been much said about working together, this was yet another example of some acting independently regardless, and the council was going to have to look further into the matter.

We then moved on to the real hot-button issue of the night which was the Adult Cabaret ordinance. It passed 2nd reading 7-0 but the third reading was postponed to give the Council’s Committee time to try to work out an agreement with the Cabaret owners that would be palatable to all parties.

And along those lines, CM Coffey had earlier encouraged Planning & Zoning Director Scott Wood to move with haste to define a Zoning designation for adult entertainment facilities. He stated he would be glad to buy could not finalize such until the Council acted upon the Ordinance before it.

That ending the official business of the evening, John Mattingly rose to implore the Council not to proceed to the point of this thing going to court. He said he had no desire to get involved in a costly legal battle and would hate for the city to do so as well.

However, he continued, “I and my partners have spent a significant amount of money on this project and we are not willing to just walk away from it.”

He was followed by an encore appearance by the ROCK representative wherein she once again complimented the Council for their due diligence and reassured all in the room that her organization was there to help in any way it can.

With that the meeting was adjourned and a glance at the clock read 8:10PM. My, that went quick!

Our very own Mark Cassidy approached the Rock rep and asked her if offering to help the city included raising funds to pay legal costs. She very carefully answered that in the past her organization had indeed assisted other municipalities find such and could possibly be happy to do so here as well if needed.

Mark was very clear that she refrained from stating exactly what that “assistance” entailed!

Me, I beat feet for Studios to find both bartenders standing at the end of the bar awaiting my arrival. One had a Sierra Nevada Pale Ale in hand and the other, holding a room temperature glass!

And you scofflaws say New Albany has nothing to offer!!