And Now, Another Episode of "As the Council Churns!"

In our previous episode; A proposed ordinance (A-08-12) for an appropriation of $250K to fund the drug task force restart (10K), the city’s new tow-in lot ($50K) and $190K for purposes not yet named was introduced for 2nd & 3rd readings by D5 Councilwoman Ms. Benedetti.



Following which a lively discussion between (primarily) CM’s Messer & Coffey concerning the advisability of handing the England administration a “blank check” for $190K.


Although testimony from several sources (including previous statements from City Controller Kay Garry) that the dollars could not be spent without further council approval, Dan successfully squelched the $190 and the Mayor’s office walked away with only $60K!

And now, tonight’s episode;

Going in, this the second September meeting of New Albany’s Common Council looked to be short & sweet. The only agenda items were a report for CM John Gonder concerning his Housing Committee, a resolution for the transfer of funds (R-08-40), and the 1st reading of a bill to annex 40 acres of fringe property to expand our industrial park area (X-08-01).

The Gonder report was without incident as after two meetings nothing of consequence has occurred save the realization that code enforcement in any meaningful way is not happening. (Old news)!

During the public comments section, there was only one gentleman who approached the podium to speak about the smoking ban only to find that it wasn’t a topic of discussion for this evening.

No Public Officials had anything to say and the Mayor (i.e.; Deputy Mayor Malysz) presented an update on the city’s post hurricane cleanup activities.

Then the fun began. R-08-40 (a transfer of funds request of once again, $250K) to pay for the cleanup thus far was introduced by CM Coffey.

Coffey came out of the box in ardent support of this appropriation without question. “We have an emergency and the people need help!” he quipped.

Some council members asked why this request differed from A-08-12 (the one from the previous meeting for the same amount).

The Coffey response was the $190K asked for on September 4th, had no specific earmarks attached.

CM Messer countered that this one did not either. It was merely a blank check for “cleanup”. There were no specifics on to whom,  for what, and how it was to be distributed.

CM Coffey came back once again that this was an emergency and the need was dire.

CWM Benedetti offered that if the full $250K had been approved at the last meeting, the administration would be 2 weeks closer to having at least $190K in hand to deal with the current issue. In addition, none of it, thewn or now, can be distributed without further Council approval.

About this point both CM’s Coffey & Price pointed out to Ms Benedetti that she needed to listen and learn!

She responded that she was learning everyday and she still didn’t see the difference between this request and the aforementioned one.

This makes the second meeting in a row that she has been reprimanded publicly (by CM President Gahan at the last meeting)  for daring to voice an opinion.

If I may interject, you’d think she’d understand the status quo doesn’t appreciate being challenged by freshmen CM's any more than they do the public.


However, on the other hand I say with gusto “YOU GO GIRL!!”

CM Price then said that this should be a “wake up call” for the city. “We need a rainy day fund just for such events” he continued. “This just underlines the need for the city to watch its pennies! (Paraphrased quote)

In the end after nearly an hour of quibbling, the measure passed unanimously.

Then came the introduction of X-08-01 (the Grantline Industrial Park West Annexation) for 1st reading.

Mr. Malysz presented the details including the need for infrastructure & utilities to serve the annexation and it also passed with little ado.

The gavel dropped and Mark & I retired to the city hall annex (i.e.; Studio’s) for the regularly scheduled post-meeting meeting.

We thought our cohort (Bluegill) was going to join us but he apparently got detained for further discussion with various council persons & city officials following our departure.

Perhaps we’ll hear more on that later.

One final note; Mr. Malysz said he’d been assured by Duke Energy that all power for New Albany will be restored by sometime Saturday. And stay away from those power lines still entangled in downed trees!

OH! and did I mention this was one long meeting for just two agenda items??

Some Old Habits Die Really, Really Hard!

My Momma brought me up the old fashioned way. Hug’s & kisses for job well done. A Hickory switch across the back of the legs for antisocial behavior. (I got to hand pick the switch from the tree!)


One of the most egregious behaviors (mine) was interrupting when someone else was speaking. (Wait until you’re recognized! Raise your hand!)

Although those precepts are from a bygone era, I’m having a hard time adjusting. The memory of that Hickory switch still stings. ( By the way, I finally pulled a George Washington and drove several boxes of nails in the damned tree in an attempt to kill it!)

So Wednesday past I came to the Council Committee meeting with a prepared statement and politely waited to be recognized while most of the room took control of the meeting.

Finally, three speakers after John Gonder issued a last call, I broke training, elbowed my way to the podium and presented my speech. Unfortunately by that time many of those who really needed to hear it (Dan Coffey, the press, some of the most outspoken opponents) had already left.

So here it is in its entirety for all to read. I’m sure it will get out this way in spite of the claims of many that they never read the blogs!

Our goal is to construct a way to make it easier for the Code Enforcement entities of the City of New Albany to do their respective jobs in a more timely manner. Those entities as pertains to this discussion being the Code Enforcement Officer(s), the Building Commissioners office, the Planning & Zoning Office, and the City Attorneys Office.


As it stands currently there is way too much time involved in getting from point A to point B.


Lack of staff, lack of funding, & lack of other resources all play a part in this calamity.


However, one of the biggest hurdles occurs early on in the process. That being identifying who the responsible party for a given parcel is as well as how to contact that individual.


Admittedly for an owner occupied home that is usually (though not always) a relatively simple task. (Even for me)

However when it comes to rental housing, the process becomes much more difficult.


People buy groups of housing at sheriffs auctions. Some of these buyers are local folks while others live in other states or even other countries.


Title of said properties are not always transferred & recorded in a timely manner.


People walk away from mortgages and the properties land in foreclosure proceedings.


Business entities change their names from one LLC to another without recording said change with the city/county.


And the list goes on. But the point is someone has to wade thru this paperwork jungle to get to the source which in many instances, does not want to be found.


The result is we find utter rat holes being inhabited (legally or not) and no contact source to deal with them.


Verbal rental agreements with no lease. (It’s happening in New Albany!!)


Multiple families in single family dwellings without variances’ to do so.
(It’s happening in New Albany!!)


Furnaces venting directly into living quarters. (It’s happening in New Albany!!)


Raw sewage in basements or under houses. (It’s happening in New Albany!!)


Bare wiring, leaking roofs, commodes falling thru floorboards, and on and on and on. ( It’s happening in New Albany)


Add to all that tenants who are too afraid of being put on the street to complain and landlords who can’t be found and you have the reasons we are here this evening. That being unsafe, unhealthy housing that someone somewhere is making a profit off of while the property values around it are going down the drain.


So we come to our proposed solutions that we think are fair and that do not have to break the bank. These suggestions are not or our origin but come from other cities around Indiana and other states who have dealt effectively with similar situations.


1) A requirement that all rental and abandoned housing be registered with the city free of charge within 60 days of passage.


2) A contact person living either within the City of New Albany or in an adjacent county (Floyd, Clark, Harrison, or Jefferson, KY) be listed with the registration. This person having either the authority to take action or able to contact the owner in a timely fashion to resolve whatever issues may arise with said property.


3) A stiff fine structure be established that will be levied for non compliance of both the registration and upkeep of said property after a predetermined time has elapsed, (10 days, 30 days, etc) Once again examples from other cities range from $50 per day to several hundred dollars per day.


4) A verbal public commitment from the administration and City Attorney to when necessary take appropriate measures thru the courts to assure compliance with these and other codes already on the books as they pertain to all building issues be they housing, rental, or commercial.


I can see no unfairness here towards anyone who is putting forth the effort maintain their property at minimally acceptable standards.


Those who can’t or won’t should no longer be allowed to do so at our expense both as taxpayers and a city as a whole.

If we can get these concepts in place the City of New Albany can begin the process of once again becoming a safe, healthy, & prosperous place to live.

In the hall after it was all over my very on Councilman Steve Price walked over to say that it was a good speech and to inquire if I had written it myself. Yes Steve and thanks for asking!

Later today I’m going to do another post on the meeting and hopefully shed some more light on some of the side issues raised.

Is it true that some people get paid for research and consulting services?