Team Gahan whiffs on appeal in criminal justice center lawsuit. How much were the legal fees for THIS frivolity?

"Although the city of New Albany argued holdover tenants should not be given “another bite at the apple,” the Indiana Court of Appeals affirmed its original ruling that continued occupancy of the criminal justice center maintains the terms and conditions of the lease even after the agreement as expired."

Beware. Dear Leader lost a match to the despised county government, and in a fit of pique he now might try to TIF Greenland.

COA continues terms of justice center lease in Floyd County (August 15, 2019; Marilyn Odendahl, The Indiana Lawyer)

Although the city of New Albany argued holdover tenants should not be given “another bite at the apple,” the Indiana Court of Appeals affirmed its original ruling that continued occupancy of the criminal justice center maintains the terms and conditions of the lease even after the agreement as expired.

The southern Indiana city raised its holdover arguments in a petition for a rehearing in City of New Albany v. Board of Commissioners of the County of Floyd, New Albany Floyd County Indiana Building Authority, 18A-MI-1627.

A dispute arose between the parties over the criminal justice center. In 1992, the county entered into 15-year lease with the building authority, allowing the county to lease the center while the city sublet space from the county. The lease included a provision that allowed the county to request the title of the property at the conclusion of the agreement.

Ten years after the lease expired, the county demanded the title but the building authority refused. The Court of Appeals, in a May 22 decision, ruled the building authority lacks the statutory authority to agree to such a provision.

However, the appellate panel unanimously agreed the county could still exercise its purchase option contained in the 1992 lease. Because the county continued to occupy the justice center and pay its share of the operational costs under the terms of the lease long after it had expired, the county could still acquire title by buying it from the building authority.

The city asked for a rehearing on that ruling. In part, the city argued the language in the lease limits the purchase option only to the time prior to the expiration of the agreement.

“Holdover tenancy is not intended to give lessees another bite at the apple,” the city asserted in its petition for rehearing. “It is designed to promote stability in tenancies. The policy that purchase options do not survive expiration is consistent with this interest.”

Bryce Harper? Please. What instrument does HE play? We've got Teddy Abrams for another five years.

The rest of you can prattle on about your basketball coaches while I yawn and fire up the gramophone -- because here's a genuinely important contract extension.

TEDDY ABRAMS SIGNS 5-YEAR CONTRACT

Louisville, KY (3.20.2019)… The Louisville Orchestra Board of Directors, together with CEO, Robert Massey, are pleased to announce an unprecedented 5-year contract to extend the term of Teddy Abrams as Music Director. This extension from the usual 3-year contract renewal shows the organization’s confidence in the artistic direction and creative vision of the young conductor.

“We’re thrilled to make this extraordinary commitment to engaging Teddy until the 2024-2025 Season. His vision for the renaissance of the arts for our orchestra and our community is unique in the world,“ says John P. Malloy, President of the LO Board of Directors.

Abrams was named Music Director of the Louisville Orchestra in 2014, the youngest conductor ever named to that position with a major orchestra. He’s become a popular figure throughout Louisville while developing a national reputation for innovation and community building.

Since stepping onto the Louisville Orchestra podium, Abrams has built an impressive list of accomplishments including the release of “All In,” the LO’s first album in nearly 30 years, which reached #1 on the Classical Billboard chart. He has re-invigorated the orchestra’s historic leadership in commissioning new works and presenting world premieres. His own award-winning compositions have brought a diverse new audience to the Louisville Orchestra including The Greatest: Muhammad Ali, Unified Field, Kentucky Royal Fanfare (which was performed for Charles, Prince of Wales) and others. One of his first priorities was establishing a new concert series that took the orchestra into Louisville neighborhoods for performances in the Music Without Borders Series to expand the orchestra’s community impact. He also launched a 2-concert “Festival of American Music,” a musical challenge to audiences to expand the definition of concert music through an exploration of the American influences on the music of all genres.

Artistic collaboration has become a focus for Abrams’s work. Several of his most notable collaborators have been indie-rocker Jim James, Grammy-Award winning fiddler Michael Cleveland, folk singer-songwriter Will “Bonnie Prince Billy” Oldham, choreographers Adam Hoagland and Andrea Schermoly, filmmakers Dennis Scholl and Owsley Brown III, and many more. Abrams’s efforts to bring the Louisville arts community into collaborative projects have resulted in exceptional performances featuring individuals and local organizations including Louisville Ballet, University of Louisville musicians from the choral and jazz programs, artists from the Kentucky College of Art and Design, independent local artists such as rapper Jecorey “1200” Arthur, folk fiddler Scott Moore, folk cellist Ben Sollee, jazz singer Carly Johnson and others.

A passionate advocate for music education and mentoring, Abrams regularly conducts in-school masterclasses at middle and high schools, launched a select program to personally support serious high school students in their music pursuits, revitalized the Louisville Orchestra’s 78-year-old MakingMUSIC program of education concerts for elementary school children, crafted a recycling-creativity project for youngsters to make musical instruments from “trash” known as “Landfill Orchestra,” and is currently working with the Detroit-based Sphinx Organization (dedicated to transforming lives through the power of diversity in the arts) to mentor two talented young conductors.

In addition to his activities as Music Director for the Louisville Orchestra, Abrams is Music Director for the Britt Festival, a summer concert series based in Jacksonville, Oregon. He is in demand as a guest conductor and has appeared with the Los Angeles Philharmonic, the San Francisco Symphony, the National Orchestra, and the orchestras in Houston, Milwaukee, Vancouver, Colorado, Phoenix and the Saint Paul Chamber Orchestra. He served as assistant conductor of the Detroit Symphony from 2012 to 2014. From 2008 to 2011, Abrams was the Conducting Fellow and Assistant Conductor of the New World Symphony in Miami Beach, serving under his long-time mentor Michael Tilson Thomas.

An accomplished pianist and clarinetist, Abrams has appeared as soloist in Louisville and across the country. He also collaborates with a wide variety of musicians as keyboardist for both classical, indie-rock and pop concerts. He has held residencies at the La Mortella music festival in Ischia, Italy, and at the American Academy in Berlin. Abrams is a proud alumnus of the San Francisco Symphony Youth Orchestra and graduated from the San Francisco Conservatory of Music with a bachelor of music degree, having studied piano with Paul Hersh.

Following the money: HWC Engineering made city streets even safer for speeding cars. Now the company will oversee the Reisz Mahal. Can campaign donations be far behind?

Speaking only for myself, whenever I'm confronted with an anti-climax like this, I reach for my Rice Krispies Treats. HWC's Ed Jolliffe probably does, too.

For many years prior to being awarded so many city contracts that it opened an office within eyesight of the mayor's anchor-bedecked window, HWC annually pumped thousands of dollars into Mayor Jeff Gahan's campaign finance war chest, which at last glance was topping out at around $100,000.

We all know why.

David Duggins was the city's redevelopment director, and his wife worked for HWC. It reeked of nepotism, but who other than this blog bothered to state the facts aloud?

Accordingly, the stenographers strike again with yet another gullible report on the awarding of YET ANOTHER contract to HWC, this time to manage construction of the new luxury city hall.

What will it take for the News & Shambles to inform the public of the many cash-strewn trails running from special interests like HWC to Gahan's Money Machine?

What the newspaper's cloistered management apparently fails to understand is that for a growing number of us on the outside of this enrichment loop, journalistic silence about City Hall's corruption implicates the newspaper itself. Perhaps this is an unjust point of view, but as it stands, it's the only logical conclusion to draw from the newspaper's failure to report facts.

Meanwhile, it appears that municipal corporate attorney and chief sluice greaser Gibson was misquoted.

WAS: "They (HWC) will make sure what we bought is what we will get."

CORRECTED: "They (HWC) will make sure a percentage of what the city bought lands in the mayor's campaign finance account."

HWC to oversee city hall construction in New Albany, Chris Morris (Hanson Capitulation Chronicle)

NEW ALBANY — As work progresses on transforming the old Reisz Furniture building at 148 E. Main St. into the new city hall, the city has hired HWC Engineering to complete ongoing inspections during the construction period.

Shane Gibson, city attorney, told the New Albany Board of Public Works & Safety on Tuesday that HWC will be onsite daily.

"They will make sure what we bought is what we will get," Gibson told the board.

The contract for the duration of the work is not to exceed $154,000.

It's unanimous as the NAFC school board rejects Hibbard's rollover.

Newspaper poll results indicate "slight" trend
against Hibbard pay raise (2012).

On Monday afternoon, we were feeling a bit baffled by weird Democratic Party smoke signals.

We think this means Dickey wants Gahan's bedmate Hibbard to keep his job, but it's such bad writing that it's hard to tell.

Can anyone translate Adamese?

On Monday evening, I started a discussion thread at Facebook.

Earlier today, the NAFC school board voted unanimously to "not let superintendent Bruce Hibbard's contract roll over after it expires in July 2018." He may or may not be retained by the board, but the vote is being interpreted (fairly or otherwise) as fait accompli that Hibbard's a goner. According to John Boyle of the News and Tribune, principals in attendance stood in support of Hibbard. The Floyd County Democratic Party was evasive as usual, but seemed to be suggesting solidarity with Hibbard, and at Twitter, a city employee wrote, "The NAFC School Board should be ashamed of themselves if for no other reason than the fact that they're willful morons." The passion puzzles me, so weigh in, Floyd Countians; make the arguments and educate me. What am I missing? Yea or Nay on today's action, and should Hibbard remain as superintendent? Thank you.

Go there to read what was said. Meanwhile, here is newspaper coverage.

NA-FC superintendent's contract set to expire, by John Boyle (News and Tribune)

NA-FC board removes rollover option from Hibbard's contract in unanimous vote

NEW ALBANY — In front of a room packed with community members and school officials, the New Albany-Floyd County school board unanimously decided Monday to remove the rollover option from Superintendent Bruce Hibbard's contract.

Had the board not notified Hibbard of a decision regarding the rollover clause by June 30, his contract would have automatically extended for another year on July 1, 2018. His contract is now set to expire on that day rather than roll over.

City Hall's street grid surrender: "All the extra expense, time, and proposed iterations have nothing to do with securing federal funds."

Perhaps owing to the approach of the primary, hell has broken loose these past few days, and I'm struggling to keep up with the daily proliferation of reasons to vote against Jeff Gahan.

Just the other day, someone asked a very good question about the destructiveness of one-way, arterial interstate highways running through our urban neighborhoods, and by extension, about waning hope for the principled implementation of Jeff Speck's downtown street network proposals.

They (city government) have been talking about fixing this problem for quite a while! Why can't they get it done?

The Bookseller succinctly answered.

This administration has never taken ownership of the idea and will continue to straddle the issue, pretending that no one will notice that they have had four years to do this. Now they are ginning up a high-cost solution so as to spread the money around to preferred vendors.

The "high cost solution" of which the Bookseller speaks is discussed here: The predicted gutting of Speck begins as Mayor Jeff Gahan gives the finger to complete streets advocates.

Also, we now know that this week's Bored of Works decision to award a consultancy contract to one of the usual street engineering suspects, thus delaying action on streets for up to 18 months, was at least in part a pre-emptive response to Padgett, et al, in the crane erector's forthcoming legal challenge to the Main Street project.

(Once again, it has proven impossible for Team Gahan to be publicly truthful about its motivations v.v. street grid reform.)

It's probably moot, given that City Hall has botched the entire streets issue to a possibly irreparable degree, but nonetheless, prior to yesterday's revelation of the lawsuit filed against the city by our charmingly civic minded value-extractive looters, a question arose with regard to the stated Bored of Works rationale of delaying Speck so to garner federal lucre.

I am confused by the notion that we need more time and consultancy expenditures to get federal money. Haven't we been told privately for years that the federal money already was in place?

Jeff G gave the answer, pre-Padgett lawsuit.

Yes, we have been told that and it's long been reflected in the KIPDA budget. An engineering plan of some sort is likely necessary for federal qualification but nowhere near to the multi-option, stray-from-the-original extent they are talking about. All they actually need to do is produce engineering/construction plans for the Speck plan with minimal justification and environmental review, justification that Speck himself has already largely provided. All the extra expense, time, and proposed iterations have nothing to do with securing federal funds. 

Again, the recent Main Street example (that used federal funds over and above the state's long-term maintenance money) shoots them in the foot. Honestly, given the low cost of most of the Speck plan, it's questionable whether we even need federal funding as using it will require adhering to more stringent (and sometimes nonsensical) federal guidelines which, in turn, will drive costs up -- something that, again, happened with the Main Street Project.

REWIND: Douglas England will be remembered primarily for fixes like this one. It's why he had to go.

(And why he needs to stay away. Originally published on November 19, 2011)

Nothing much needs to be said about this revelation apart from what we already knew, because you can only vomit so much before the dry heaves begin in earnest. Thanks to the newspaper for publishing the information, albeit belatedly; the margin of defeat might have been even worse, but we'll take what we can get -- just like she did.

THE HOUSE IS IN ORDER: Administration defends DNA president’s NSP contract; State says New Albany meeting requirements for $6.7 million project, by Daniel Suddeath (News and Tribune; beware of pop-ups)

Mayor Doug England’s administration was within its right to hire Develop New Albany President Susan Kaempfer at a rate of $50 per hour to serve as program manager of the Midtown neighborhood housing project, state officials have confirmed.

Kaempfer — who was vice president of the nonprofit Develop New Albany when she was awarded the contract — was paid $108,401 from June 28, 2010, to Aug. 18, 2011, according to records provided by the administration.

What part of "buyer and seller may choose to extend the Option Period" isn't clear?

The relevant contract excerpt is here; using "or" instead of "and" would change the meaning, but it seems clear to this untrained eye. We're left to guess who possibly might have assured the Mainland team that Redevelopment's approval was a done deal (eyes rolling, oberek spinning), although the plain fact is that Redevelopment already was sending clearly muddled public signals of balky intent through the newspaper.

At this point, it's hard to imagine any public official forthrightly demanding that Mainland show us the money, and yet perhaps Kevin Zurschmiede will fill the role. A better bet is another carefully staged lovefest -- and another lost year before the inevitable.

Has it occurred to anyone after all this time that the reason we're not being shown the money is that there is no money? Like Occam suggests, sometimes the simplest answer is the most plausible.

Deal to extend River View property option not in place; Mainland Properties was under belief option-to-buy was good for another year, by Daniel Suddeath (News and Tribune)

NEW ALBANY — Apparently unbeknownst to the developer, the New Albany Redevelopment Commission will reconsider its options on three pieces of property that has been planned for the multimillion dollar River View project for almost two years.

In June 2010, Mainland Properties head Jack Bobo purchased for $1,000 an option on the lots with the intent that would be used for River View, which is designed to be a multiuse development with retail, office and residential space adjacent to the Floyd County branch of the YMCA of Southern Indiana, near the Ohio River. The option-to-buy was extended for a second year, but the contract expired May 1, according to New Albany Economic Development Director David Duggins.

Extending the option had been a point of discussion recently among city officials, as New Albany City Councilman and redevelopment Commissioner Kevin Zurschmiede questioned whether $1,000 was a fair price to charge to lease the property.

Since the contract expired, Duggins said the matter will have to come back before the redevelopment commission for consideration. The commission likely will accept new proposals for the property, he said.

“We hope that Mr. Bobo and his group will participate in that process,” Duggins said Thursday.

But River View project manager Anita Massey said Mainland Properties was under the belief that it had the right to extend the option-to-buy agreement until May 1 2013 after recently submitting another $1,000 check to the city for another year. She said communication between the city and developer indicated the extend was already approved, and added Mainland Properties recently funded geotechnical exploration work at the site.

2011 Highlights & Lowlights: Paybacks? They're slaps in the face, too.

Few developments in 2011 better symbolized the final England administration's descent into crass and self-serving nepotism than its predilection for seeding committees and boards with as many of the same operatives as possible, and then producing novel ways of reimbursing them with someone else's money -- in this case, cash tithed by taxpayers nationwide for the purpose of stabilizing a neighborhood. Featherbedding simply doesn't do it justice: Douglas England will be remembered primarily for fixes like this one. It's why he had to go.

In this November 19 posting, NAC linked to an article at OSIN (THE HOUSE IS IN ORDER: Administration defends DNA president’s NSP contract), itself a worthy expose withheld from publication until after the November election for reasons known only to Alabama pensioners and their media mavens. Reporter Daniel Suddeath provided this helpful tidbit:

(Susan Kaempfer's) contract was to expire June 20, but was extended six additional months through the end of the year. The amended contract states her expenses are not to exceed $50,000 for the remainder of the year.

NAC reader w&la then responded in a comment that many readers may have missed at the time.

Re: the $ 50,000 "remainder" salary - according to Census Bureau statistics:

"The median income for a household in the city was $34,923, and the median income for a family was $41,993.

Males had a median income of $31,778 versus $24,002 for females.

The per capita income for the city was $18,365.

About 11.4% of families and 13.7% of the population were below the poverty line, including 21.6% of those under age 18 and 9.1% of those age 65 or over."

In short, Mayor England's proto-Machiavellian "I alone pick the winners" approach to governance in the barest of breaches has enabled a mechanism encouraging too few cooks to spoil the broth. When the clock strikes 2012, Jeff Gahan will be in the unenviable of performing the cleanup.

Anyone got a bucket?

Douglas England will be remembered primarily for fixes like this one. It's why he had to go.

Nothing much needs to be said about this revelation apart from what we already knew, because you can only vomit so much before the dry heaves begin in earnest. Thanks to the newspaper for publishing the information, albeit belatedly; the margin of defeat might have been even worse, but we'll take what we can get -- just like she did.

THE HOUSE IS IN ORDER: Administration defends DNA president’s NSP contract; State says New Albany meeting requirements for $6.7 million project, by Daniel Suddeath (News and Tribune; beware of pop-ups)

Mayor Doug England’s administration was within its right to hire Develop New Albany President Susan Kaempfer at a rate of $50 per hour to serve as program manager of the Midtown neighborhood housing project, state officials have confirmed.

Kaempfer — who was vice president of the nonprofit Develop New Albany when she was awarded the contract — was paid $108,401 from June 28, 2010, to Aug. 18, 2011, according to records provided by the administration.

President Gahan keeps his foot on the gas and an eye on the hourglass.

Odd.

Tonight’s council meeting clocked in at 42 minutes, flat, and I’m not sure whether to demand my money back or dance naked in the street – and even the latter’s no longer a safe bet, seeing as (perhaps) we’re finally beginning to enforce an ordinance or three.

New Albany revives suit over bids; Sewer, storm-water contracts challenged, by Dick Kaukas (Courier-Journal).

The major move of the evening came when the council voted 7-2 (CMs Jack Messer and Kevin Zurschmiede dissenting) to rescind resolution R-08-04, which had been approved 5-4 at the second January meeting.

R-08-04 was the resolution to drop the council’s lawsuit against the sewer and stormwater boards over the legality of those boards awarding no-bid "professional services" contracts to EMC in 2007.

In reversing course tonight, CMs Bob Caesar, Pat McLaughlin and Steve Price insisted they were influenced to change their votes by the dramatic resurfacing of new information. Correct me if I’m wrong, but I can’t recall this new information ever being introduced at any point during the session. All Caesar had to say was to deny that it was aimed at any one person.

Chalk this one up to heavy behind the scenes lobbying of the two council newbies by the faction that favors a court decision.

As it stood, and without the mercifully retired Larry Kochert to chime in, Zurschmiede yet again defended his role in negotiating the EMC contract, and CM Dan Coffey yet again damned Zurschmiede with faint praise and vowed to place his paws around the wastewater spigots post haste.

In short, it was a rerun.

Coffey also used the opportunity offered by the debate over sewer board and related legal fees to suggest that the battle three years ago against New Albany DVD, the generally empty porno front on West Main Street, was worth every penny it cost the city because it prevented a slew of similar businesses from locating along the strip.

As with the “new” information about sewer-related legal action, no documented claims for any of this were offered by Coffey.

Apparently Bazooka Joe U. offers no courses in pornography forensics; either that, or pumpkin patches just aren’t in season.

They sell wax ones, you know.