Thursday, February 21, 2008

St. Leon and Its Bond Documents.

St. Leon and Its Bond Documents.

For the past few years citizens in and around St. Leon are being forced to destroy their functioning septic systems. They are being forced to hookup to the St. Leon Sewer Works system wherever the sewer board has laid this low pressure sewer line given that one’s property line, not their home, is within 300 feet of the sewer line.

To finance the Sewer Works St. Leon issued industrial revenue bonds in the total amount of nearly 5 million dollars. The earlier bonds of 1996 bonds were described as not to exceed a 6% interest return to owner of the bonds.

Subsequently more bonds were issued to expand the sewer system.The interest paid to the owners of the bonds is exempt from the Federal Income Tax.

An industrial revenue bond pays interest and the cost of the eventual repurchase of the bond comes only from the income generated by the project for which the bonds were issued. Therefore the fees generated by hooking up to the sewer lines, and the monthly fees to receive the sewer service are the only permissible sources of revenue to pay for all of this. Additionally there are ongoing Sewer Works operating costs such as maintenance, repairs, replacement of outdated or worn out equipment, office costs, equipment and liability insurance costs and the fees paid to the company EES, which is the for profit operator of the St. Leon system. The town of St. Leon has no legal financial responsibility for this Sewer Works.The source of the revenue to pay for all of the above is the customer of the Sewer Works.

The Sewer Works, in order to protect the investment of the people who bought the Sewer Bonds which financed this project can adjust rates and charges to guarantee the bondholders the interest payments they receive plus a guarantee to repurchase the bonds from the owners of the bonds at very definite dates. This is clearly described in the Bond Document “Amended Ordinance Number 1996-7, page 12, section 16.

In the subsequent bond issue ordinance a clause was inserted into the document which has caused most of the trouble in regard to the people of St Leon and its surrounding area related to the St. Leon Sewer Works.
The following is a Direct quote from the Bond Document labeled exhibit A, Ordinance Number 2003-4, page 39 section ( g):

· “The town shall take all actions or proceedings necessary and proper to require connection of all property where liquid and solid waste, sewage, night soil, or industrial waste is produced with available sanitary sewers. The Town shall, insofar as possible cause all such sanitary sewers to be connected with said sewage works.”


There is it. Welcome to a possible sheriff’s sale of your property.

This begs the questions:
1. Who recommended this clause?
2. Who agreed to put it into the document?
3. Did anyone including the bond council explain to the signatories of the document the possible dire effects upon our neighbors?
4. Did the signatories of the document actually study the document and question this severe clause? Did they actually read it?

All the Sewer Works people, had to do thereafter is lay sewer lines, invoke the Indiana code of mandatory sewer hookups of property lines within 300 feet of the sewer line, and they had A MONEY MACHINE, far better than a printing press in the cellar.

The following is another direct quote from the 1996 Bond Document page 15 section (g):

“The provisions of this ordinance shall constitute a contract by and between the Town and the holders of the Bonds and after issuance of the said Bonds this Ordinance shall not be repealed or amended in any respect which in anyway adversely affects the rights of such holders so long as any of the Bonds or interest thereon remain unpaid”.

Thus all this talk about amending the law, modifying the law ad nauseum is outrageously foolish. IT CAN’T BE DONE!

These clauses are in the documents, they are public documents written in plain ordinary English. Anyone with a 6th grade education can easily read and understand these documents. Where were those who have sworn to look after the welfare of the citizens?

The only possible answer to this problem is to get the state to purchase the bonds and destroy them. The state has plenty of money as compared to a measly few million dollars of state money. Remember the State gave Honda in Greensburg 140 million dollars worth of tax breaks and 50 million dollars of cash.

Remember that Senator Nugent and the Governor , Mitch Daniels even persuaded Lawrenceburg to give, yes, give 10 million dollars of taxpayers’ money to the City of Greensburg. John Nugent together with the Governor ought to find this 5 million There is plenty of money around. No, I am not asking Lawrenceburg to pay off this debt, it should be done by the state.

The argument that other municipalities will go to the state to ask for help to relieve debt is not valid. We have an egregious set of Bond Documents that are destroying the right of our citizens to pursue a pleasant life out from under heavy handed government and/or its sycophants. People are suffering as they think of the consequences of these ordinances.


At the Commissioner meeting of February 19, 2008 we had to listen to a young mother and wife pleading on behalf of herself and on the behalf of others, some aged, to be able to live in peace in their homes without the specter of losing their homes. It was embarrassing to listen to this woman baring her financial woes, telling all of us that she can’t afford to do what the St. Leon sewer works demands from her in order for her to keep her home.

Here in the United State of America people can actually lose their homes because of these Ordinances?? Ordinances which perhaps no one studied? Yes they can!

This is indescribably shameful.

Alan S. Freemond, Sr.
Tanners Creek Farm
Jackson Township.



33 comments:

Anonymous said...

This is indescribably shameful.

Welcome to a County where the indescribably shameful whittled away, in an ephemeral amount of time, as the inhabitants of such County trusted there would be no “thieves” who would take advantage of this County’s inhabitants, where such “thieves” conspired to wreck their might on this County’s inhabitants.

Once the honest inhabitants of this County regain control of THEIR County, through honest and above board means, all those involved in the collapse and soiling of this County should be rigorously investigated and held legally, commercially and collectively accountable for their dark deeds.

We should never forget what complacency can bring about where and when there are those laying in wait to take advantage if such complacency, at any cost to others, for their own selfish desires.

Anonymous said...

Just another example where our local political dingleberries have been bamboozled by a few smooth talking snakes and charlatans.

Is there any wonder that these very same smooth talking snakes and charlatans moved their organization to the vicinity of our equally dingleberry county commissioners to play our sucker commissioners into creating the DCRSD shortly after their efforts in St. Leon?

Rumor has it that one of the principle commissioners involved in such suckering, who lost her office because of her suckering nature, is now a charity case working for the DCRSD, scraping out a living to pay for her Caddys to pretend she is somehow a somebody.

The smooth talking snakes and charlatans really love those of little intellect with expensive tastes.

Anonymous said...

REMEMBER, FREEMOND HAS TO BE REFERRED TO AS "CRAZY AL" BY ALL THOSE SO INCLINED TO DRINK THE GRAPE KOOL-AID OF OUR DEVELOPMENT DRIVEN DCEDI "JONESTOWN" TYPES OR THEY WILL NOT BE PERMITTED TO ATTEND THE NEXT ELECTION NIGHT DISASTER OF DEVELOPMENT ENDORSED POLITICAL CANDIDATES!!!

adc said...

The town shall take all actions or proceedings necessary and PROPER to require connection of all property where liquid and solid waste, sewage, night soil, or industrial waste is produced with available sanitary sewers. The Town shall, insofar as POSSIBLE cause all such sanitary sewers to be connected with said sewage works.”

Proper actions??? How proper is it to FORCE hook-ups at great expense to the citizen?
POSSIBLE at 1300 ft from the road?

Anonymous said...

Proper actions???

Will someone point out to us all what proper actions have been taken to properly encourage John Maxwell to connect to such sewers?

Waiting...waiting...waiting...

Anonymous said...

Her caddys have been paid for for years her son gave her 2 for her
birthday

go smoke something else.

Anonymous said...

1300 feet? Don't you see that amounts to a two-fer? They either force you to pay, by operation of crooked law, for a few crooked interests' sewers or, because of the costs they are forcing upon you are finacially crippling, they force you to sell your land for a fraction of its current and soon to be's value to someone who just happens to be "somewhat" associated with the very same sewer concern making your family's life miserable.

We are living in dark times.

Anonymous said...

go smoke something else.

So that is why she is willing to accept lowly patronage jobs, at the taxpayers' expense...she only needs to pay her gasoline bills!

By the way, is High Ridge still dumping raw sewage into Hogan's Creek?

Raw sewage.

Raw sewage.

The DCRSD is not about development, it is about helping people.

Raw sewage.

Raw sewage.

Dumping into our waterways.

Anonymous said...

Does anyone know who was on the St.Leon town board when this agreement was reached?

Anonymous said...

"We are living in dark times."

So...you met Lisa Lehner, Bob Ewbank and their Wizard of Oz style flying monkees?

Anonymous said...

Crazy Al strikes again. He must not have a 6th grade education because the document does not say it can't be amended. I says it can't be amended if the amendment changes the pay off, of the bonds. So it can be amended! Someone should be smart enough to find out how to change the requirements in the document and still preserve the bond obligations. After reading this blog for awhile, it becomes painfully obvious that we have complainers, not fixers. You can generally make anything work if you are smart enough to take the time to figure out how. Of course, that is not as much fun as complaining and making stupid comments that this blog is well known for.
Perhaps the vernacularly challenged crazy al could put his almighty brain to work to solve the problem instead of seeing how mean and degrading he can make his next missive!!!

Anonymous said...

Raw sewage.

An apt description of what the Benning, Fox and Hughes effluent laden fleeting administration of this County will have left us.

Never have so small a number, being so obtuse, in such an infinitesimal amount of time, cause such calamity to this County’s citizens.

Does anyone believe that Gary Morris is planning anything better?

It is time to clean house in local republican politics.

Anonymous said...

After reading this blog for awhile, it becomes painfully obvious that we have complainers, not fixers.

Well then...tell us why to vote for Fox and Hughes...with all their answers and such...to this County's developer imposed and caused problems...

Anonymous said...

Perhaps the vernacularly challenged crazy al could put his almighty brain to work to solve the problem instead of seeing how mean and degrading he can make his next missive!!!

Do you think "Crazy Al" would have created the DCRSD, based upon the same corrupt model of St. Leon's sewers, with full knowledge of all the inherent problems and hardships caused by the crooked crooks of St. Leon?

Do you, honey?

Sing us the praises of such "fixers" as Fox, Hughes, the Fehrman clan, Maxwell and the ever-loved Ewbank!

Anonymous said...

Too bad...our local and sadly humorous development bullies are going crazy tonight. That bottle of Mad Dog 20/20 has been passed around a little too much between them without someone wiping off the twisted threads of the neck of that well slurped and spittled bottle to remove the remnants of whatever may be left over and deposited by our locally often observed philanderers...ya never know what you may catch from such promiscuous wanderers!

Is that just a cold sore?

Let us hope so!

Anonymous said...

GOVERNMENTS HIRE ATTORNEYS TO PROTECT ELECTED OFFICIALS AND CITIZENS AGAINST BAD DEALIINGS LIKE THIS. WHO AND WHERE WAS ST. LEON'S ATTORNEY AT THE TIME OF THIS SHAMEFUL WHELLING AND DEALING OF THE TAX PAYERS MONEY.

REQUIRING PROPERTY OWNERS TO BUY LOW PRESURE GRINDER PUMP SEWER SYSTEMS THAT IS NOT NEEDED AND DISTORING THEIR PERFECTLY WORKING SEPTIC SYSTEMS IS DOWN RIGHT UNGODLY

Anonymous said...

"Fixers!"

Please!

Other than "fixing" to tie their own hands in order to set up the lame defense that they can no longer protect us from our local sewer scammers, what have "fixers" such as Jeff, Rick, Charlie, Liz, Maynard and an accompaniment of overly scamming attorneys done to "fix" what they have wrought upon this Community?

Do you kiss your mother and children with such lying and scheming lips?

Anonymous said...

GOVERNMENTS HIRE ATTORNEYS TO PROTECT ELECTED OFFICIALS AND CITIZENS AGAINST BAD DEALIINGS

Which is why this county was at such a disadvantage!

We had attorneys who saw profits for themselves in suborning "bad dealings!"

Suborning “bad dealings” became integral in the qualifications these attorneys' could brag about to their future less than ethical clients!

It is all good, as long as the “PROPER” people make their profits!

Anonymous said...

"IS DOWN RIGHT UNGODLY"

Until you realize that their "god" is not the same as our "GOD," you will never be able to adequately fight these lowly human remnants of their former honest, ethical and "GOD" centered selves...

...30 pieces of silver is all that was needed...

...30 pieces of silver...

...to be reclaimed and rebated at your nearest DCEDI affiliated local business and professional concern and enterprise...

Anonymous said...

You know, the absolute majority of us can walk past an unlocked car and not feel the need nor uncontrollable urge to dig, ruffle and tousle through such cars’ interior in hopes of finding something valuable that we may walk off with while no one is looking.

This is what separates us from those who have hijacked this County for the past decade.

adc said...

"I says it can't be amended if the amendment changes the pay off, of the bonds. So it can be amended! Someone should be smart enough to find out how to change the requirements in the document and still preserve the bond obligations."

OK- so you obviously think there is a way. What is it?

Anonymous said...

STOP FORCED SEWER HOOKUPS...KICK EVERYBODY OUT OF OFFICE, STOP THE DEVELOPMENTS, STOP ANYTHING THAT PROMOTES ANYTHING.

PUT PEOPLE IN OFFICE THAT CARE FOR THE PEOPLE. PUT PEOPLE IN OFFICE THAT WILL ADDRESS THE TAXES. PUT PEOPLE THAT WILL SOMEHOW DO SOMETHING THAT IS GOOD FOR COUNTY.

WHATEVER THAT IS?

LETS NOT FORGET MAKING FORCED SEWER HOOKUPS ILLEGAL. AFTER ALL THAT IS THE SOLE REASON FOR EVERYTHING.

SOMEBODY SHOW ME WHERE THE CHILDREN OF THIS COMMUNITY WOULD EVEN CONSIDER STAYING IN DEARBORN COUNTY WHEN THERE ARE NO NEW JOBS, YOU CAN'T BUILD A HOUSE AND YOU HAVE AN ENVIRONMENT THAT REALLY OFFERS NO HOPE. THIS COMMUNITY HAS THE UNBELIEVABLE POTENTIAL TO BE A GREAT PLACE BUT IT JUST KIND OF GOES NOWHERE DUE TO A FEW INDIVIDUALS THAT ARE SO PASSIONATE TO QUITE FRANKLY SCREW IT UP.

NOBODY IN THEIR RIGHT MIND WILL EVER UNDERSTAND THESE PEOPLE.

Anonymous said...

THIS COMMUNITY HAS THE UNBELIEVABLE POTENTIAL TO BE A GREAT PLACE BUT IT JUST KIND OF GOES NOWHERE DUE TO A FEW INDIVIDUALS THAT ARE SO PASSIONATE TO QUITE FRANKLY SCREW IT UP.

Let us bulldoze under what makes this County a place that our children long to comeback to, into just another West Chester or the like, that is no different from another "other" West Chester-like hodge podge of nothingness where no children wish to come back to as adults.

Is that your answer?

Or are you simply looking towards the short term attainment of more dollars to meet...what needs?

What immediate needs do you have that you are so willing to turn this County into yet another impersonal tract house mess of neighbors who do not even know the names of their next door neighbors?

Do you see every wood lot and pasture as squatters on your dreams of cementing and asphalting your way to a few more dollars into your 401K?

Give it rest.

What you seem to so desire exists less than a 30 minute car ride away.

Please feel free to get in your car and move to such a place you so long.

That is your choice.

Anonymous said...

"YOU HAVE AN ENVIRONMENT THAT REALLY OFFERS NO HOPE."


No hope?

Like those who cannot hope to keep their homes and land if they are forced to "chip in" for the sewers of others to maximize their profits for land they purchased on the "cheap" because it was non-sewered in the first place?

Do not dare lecture us about "no hope!"

Ever!

Anonymous said...

Uh oh, someone purchased land far away from existing infrastructure and is now crying about "what will our children do to survive" if the rest of US do not take out loans to turn THEIR rural land into something "shovel ready," whatever that may be...

...what are we to do to make it right for these folks wanting windfall profits on their minimal investments...

...what are we to do?

Anonymous said...

I'm sick and tired of the jerks in this county trying to make us pay two bucks for every one buck they want in profits. These people are an embarrassment to this county. This county needs to get together and end their amoral plans to get rich on the backs of honest folks in this county.

Anonymous said...

Vote for Rick Fox and Jeff Hughes!!!

They are against forced hook-ups unless such forced hook-ups are needed to pay for the sewers of a few politically connected developers and their butt sniffing followers!!!

So, if you do not want to be part of the forced hook-up craze, just make sure your property is no where near a "For Sale" sign or "Sheriff's Sale!!!"

It really is that simple!!!

Next up:

Vote for Rick Fox and Jeff Hughes or they will support a candidate not of your choosing in the General Election!!!

It really is that simple!!!

This post brought to by Gary Morris:

Don't make him have to "Ralph Thompson" your behind!!!

Do you really want to be responsible for another Frank Linkmeyer?

It really is that simple!!!

Anonymous said...

OK- so you obviously think there is a way. What is it?

And the question remains unanswered. Why is that? Could it be the only answer some are looking for is just more municipal (read politically connected crooks) forced hookups? Sure it does. We are not considered partners in the "growth" that is presently planned for this county. We are mere exploitable resourses. Remember that when all you "exploitable resourses" step into the voting boothes this year.

Anonymous said...

Resourse = Resource

Sometimes it is hard to "C" above all the development "S" holes who have so entrenched themselves in this County.

adc said...

55% of the holders of bonds have to agree to any changes.
Wouldn't you like to know who owns the bonds on this?
Perhaps they could be asked if they want forced hook-ups.

Anonymous said...

Al,
Thanks for the Bond information.

Alan S. Freemond, Sr said...

1. Wouldn't you like to know who owns the bonds on this?

Perhaps John Watson could give a lead as to how to find the owners. The sewer Works is sending the bond holders money so someone knows who and where they are.

I'll send an email to John and ask him for help.


2.Perhaps they could be asked if they want forced hook-ups.

They don't give a damn as long as their investment in the bonds is secure. You can't blame them, they simply bought bonds for the tax free returns. They made a petty good investment based upon the Bond Documents,which are the basis of the hard problems facing our neighbors and the basis of some hard feelings in this county.

Anonymous said...

"At the Commissioner meeting of February 19, 2008 we had to listen to a young mother and wife pleading on behalf of herself and on the behalf of others, some aged, to be able to live in peace in their homes without the specter of losing their homes.


Only the crocodile tears of John Zeidan move our crooked development owned politicians.