“Best Use” is not what the Indiana Code, the law, says. It’s a term used by appraisers to determine return on investment of a property for their client. To determine which property returns the best income and what particular use of that property gives it the best return for the buyer. It has nothing to do with the subject being discussed in this town council meeting, “Highest and Best Bid.” Lawyer Bauer sat silent!Are you getting my point folks? I call this shift in language an “Alvinism” and I’ve seen it before. Pay attention bidders! by: Dan Barton-Publisher, March 2019There were six bids and one request for a 120-day delay in the decision process, while a group of investors evaluates the condition of the neglected former New Harmony School building.It was revealed at the February, New Harmony Town Council meeting that the highest bidder for the New Harmony School building and the surrounding 31 acres, in the most recent round of bids, was New Harmony resident Erik Arneberg. Mr. Arneberg’s bid was for $125,000. Arneberg was $44,500 higher than the next highest bid, which was from Joe Lupfer of Cynthiana, for $80,500.Mr. Arneberg stated, “I don’t have a concrete plan today. I just want to assure you that my intentions are to do the utmost that I can to save the school. I felt it was my obligation to save the building. I don’t want to see it torn down for an asphalt plant or anything. I can assure you that I’m not going to use it for the storage of nuclear waste. My bid is on the table.” The nuclear waste statement brought a chuckle in the audience. It’s a relief to know that that’s not in his plans.Joe Lupfer was not in the audience, nor did his bid say what he wanted to do with the school property, but Council President Alvin Blaylock, speaking on Lupfer’s behalf, said that he has had private conversations with Lupfer and was told verbally, “He wants to demolish the building and turn the property back to agriculture, but it’s not in writing.” Mr. Lupfer’s bid for the entire property was for $80,500.Baize Contracting, Jason Baize owner, bid a total of $12,000 for the building, the shelter, the pole barn, the parking lot and the low lying four acres acres to the south of the building. While offering another $73,000 for the balance of the surrounding acreage, to be paid over a two year period. For a total bid of $85,000. Baize indicated that the Town of New Harmony would be responsible for the walking/cart path and that the second bid is void without the acceptance of the first bid. Council President Blaylock did not specify what Mr. Baize planned to do with the property. Evansville Attorney Andrew Goodridge filed a secondary bid, it was revealed in the meeting, on behalf of Erik Arneberg, in the amount of $80,000. It was for five acres on the north end, possibly the baseball field and also for four acres to the south end, the low lying excavated area, also for 13.185 acres to the east, which includes the power line area, croplands and walking path. Neither Mr. Arneberg nor his attorney specified what the use for the land would be.Tom Guggenheim of Mt. Vernon bid $40,000 for the five acre baseball field and $39,000 for the thirteen acres, or $3,000 per acre, for the land currently being tilled under the power lines. For a total of $79,000. Mr. Guggenheim’s intended use of the property is to run a small tree nursery with about 10 – 20 thousand trees, eventually expanding to a mulch yard, tree pruning and removal service. He plans to move to New Harmony in the near future, after he retires from SABIC.The sixth bid was from Pastor Richard Giles and the New Life Apostolic Church of Carmi, Illinois. The bid was $10,000 for the school building and five acres of the parking lot. The intended use is for church services and church activities. The gymnasium would be used for community events and for youth retreats.Though not a bid per se, a letter of support for Erik Arnsberg’s bid, and an appeal for time to evaluate the school building condition, was also filed by a group of businessmen; Jeremy Efroymson, Kent Parker, George Rapp and Dan Mason. They are asking for a 120 day pause in the proceedings in order to get a, “thorough and current assessment of the school building’s condition and the costs associated with necessary remediation and repairs.” This group has found a company that will do the assessment. They will pay for the study through a grant from the Efroymson Family Fund.The discussion on the matter of the sale of the former New Harmony School and property went on for over half an hour. It was a full house with standing room only.In the end no decision was made concerning which bid or proposal would be accepted. A motion to table the matter until the March meeting was passed by the Council in order for them to do an investigation and to have discussions with the bidders over the next month to determine their exact use.According to Council President Blaylock, “There are certain steps we have to take under the state codes and that is the direction we will follow.” Up to this THE NEW-HARMONY GAZETTE. point Blaylock and the Council have followed Indiana Code, and then some. They bypassed listing the property with a Real Estate agent in the prior Council meetings when they could have. They instead opted for another round of bidding. The bids this time were a little better but still not anywhere close to the $360,000 appraised value of the property.Councilman David Flanders tried to interject the discussion with a prospectus from an Evansville Real Estate Marketing firm that he believed the Council should consider under the circumstances, but he was unable to get any serious consideration from the Council President. The Town lawyer Erin Bauer interrupted his appeal by asserting that, for the Council to take steps to hire a real estate agent they would have to publish a notice to all bidders and reject all of the current bids. She indicated that they would also have to have a reason to reject those bids. All of those current bids were over the minimum. Councilman Flanders ended this discussion by saying that he thought the Council should, “still reach out to a broader market, notwithstanding the ongoing discussions.”A good deal of what the Council President and the Council’s lawyer talked about had to do with this investigation that was about to get underway for the next month. Mr. Blaylock said they were going follow the steps under Indiana Code. He initially said that he wanted to table the discussion on the bids, “Until we can get with Erik and his group and let them present their plan to us and see exactly what they want to do.”Blaylock says he plans to follow Indiana Law, Indiana Code, to the letter. He says his plan is to “see exactly what they want to do,” particularly it seems, Erik Arneberg and his group. But Indiana Code does not demand this type of “investigation,” nor did the advertisement that the Town of New Harmony ran pertaining to the sale of the property have this requirement. Indiana Code -36-1-11, specifically addresses the issue of the steps to follow in selling surplus town property. It addresses the issue of bids by saying in paragraph 36-1-11-4, Sec.4, (f), “The disposing agent may, before expiration of the time set out in the notice, sell the property to the highest and best bidder.” In my opinion this is not ambiguous language in any way.Blaylock went on to say, “ I would entertain a motion to table till we can have a further investigation as to what the uses are.” Later, after Town lawyer Bauer and Erik Arneberg had a conversation in the meeting, Council President Blaylock said, “The motion is to table the bids so we can have discussions with the bidders as to their exact use.” He has changed his approach from just looking at Arneberg’s use of the school property alone, to the use by all the bidders. He is now looking at “exact use.” He says he is doing this, “To gather information and work with the people.” It’s not clear how he wants to work with them. All of the bids are on the table and state law says he can sell the property to the “highest and best bidder.” It says nothing about the bidders use.Now, lawyer Bauer goes even further off course by saying, “Unfortunately the statute is not the most perfectly written statute. It doesn’t say, after the bids are closed what the council has to do. The option is that it’s the highest and best bidder.” There! She has answered her own question! The law is clear. But she goes on and says, “The question is, what does “Best” mean?Here is what “Best” means, according to the real estate definitions I have read. It means that whichever bidder comes across with the highest dollar bid and the most efficient and advantageous way of paying that bid to the town, wins. In other words, if a bidder bids $125,000, and that is the highest bid, and he has the cash, then the award goes to that bidder. On the other hand if the $125,000 bidder does not have the cash and must seek financing, which could take weeks, and the lesser bidder has the cash, then the award can go to the lesser bidder.It doesn’t require any more of an investigation than that. It’s town zoning laws that protect the use of the property for the public good, not Mr. Blaylock, and not the Town Council, from how I see it. A bidder who wants to build a factory or use the school property for industrial purposes would be barred by the town’s zoning laws, not some subjective judgement from Alvin Blaylock or the Town Attorney.Lawyer Bauer then asks a question of the Council President, she says, “So the next step, because Erik is the highest bidder, is to have the Council, between now and March to further understand the purpose of Erick’s use. Correct?Blaylock responds, “Yes!” She’s kidding, right? The town attorney is asking the Council president for his legal opinion on this subject? Who’s kidding who here?Finally, Blaylock goes even further by saying, “So we’re looking at two items. One is the “Best Use” of the property for the Town of New Harmony and for the residents of New Harmony. That’s what we’re looking at.” So, who decides what’s best for New Harmony, a corn and bean field, a tree farm, offices for a construction contractor, a public use venue, or a church. Who decides this? Alvin Blaylock? You see he has now shifted from the term “Highest and Best” to another real estate term called “Highest and Best Use,” to close his meeting. FacebookTwitterCopy LinkEmail
By Dialogo October 28, 2010 9. Panama is a transit point for illicit trafficking, and narcotics trafficking in particular, and there is growing concern that Panama is also turning into a market for the consumption of illicit drugs. What can you comment on this? 2. Has the security environment in Panama improved or deteriorated during the last year? Very conservatively, we can say that at present the rapprochement of these narco-terrorist groups (ONT-FARC) with the border communities is latent; nevertheless, we cannot rule out the possibility that there are some collaborators who maintain this dependency, which in many cases results in an involuntary commitment on the community’s part. SENAFRONT, following the policy of the national government, carries out a variety of programs, such as proactive land and river interdiction operations, in addition to rapprochement and aid operations, together with the educational and health systems, and operations to negate attempts at control and mass mobilization, all tending to counteract the influence and objectives of these criminals, working intensely to reorient and reinforce the population’s social responsibility. 6. What have the results of this program been since it began? What more ought to be done to improve the results obtained by this program up to the present? Complying with state policies on security matters is what really guarantees democratic security throughout the national territory. Our institution adds dynamism to each action directed toward bringing social peace and development to all the border communities and establishing them in those communities. Increasing coordination with the competent authorities, with the aim of increasing legitimacy and bringing the direct transgressors and their collaborators before the courts. Strengthening our border commissions with neighboring countries, with the aim of reinforcing actions to exchange information about these transnational organized-crime organizations. Increasing interaction with civil society, with the aim of achieving territorial cohesion between the state and our remotest communities. 7. Are there reports that FARC insurgents in Panama are violating human rights? 4. How extensive is FARC infiltration in these regions? 8. What is SENAFRONT doing with respect to this issue? Could you elaborate on the kinds of human-rights abuses committed? 10. What measures are being implemented to combat this threat to the local population? 1. In your opinion, what are the greatest security threats for Panama at present? The results are reflected in the progress that can be observed in the different communities of the province of El Darién, the Kuna Yala Districts, Bocas del Toro, and Chiriquí; on the other hand, the perception of tranquility in the remotest towns or those with most difficult access in these provinces is constantly increasing; finally, our units’ level of commitment to the tasks being pursued has been our chief motivation. We urge all inhabitants to become aware of the government’s intention to fully protect its borders by means of SENAFRONT. The only thing left to do is to firmly root the principle of our sovereignty and the continuation of all the preventive-security, interdiction, and citizen-support operations. 3. What specific measures have been implemented to combat illicit trafficking in Panama, and above all, in the region of El Darién and San Blas? With reference to the narcotics trafficking present in our area, we can say: We have a new institutional strategy, based on changing from the dynamic of fixed positions to highly mobile units, something that brings with it the strengthening of preventive and repressive actions against transnational criminal organizations, with improvement in human resources, training, equipment, and cutting-edge technology. We have increased our footprint in areas where these groups meddle in Panama’s border zone with Colombia and Costa Rica, consolidating our areas of interest through more frequent land and maritime patrols, reinforcing commitment to the mission in our units with democratic security. We have effectively linked our operations with the government’s message of humanitarian and social support for the communities of difficult access situated all along our border, limiting the vulnerability of these communities to an illegal economy. We are working on reengineering our interdiction team and improving our units’ working conditions, for the purpose of increasing their capability and professionalism. 5. What other measures are being taken to counteract this threat? In security matters, for the Panamanian state, the greatest threats we are currently facing are groups and activities related to narco-terrorism and transnational organized crime, such as homicide, drug trafficking, arms trafficking, gangs, and kidnapping, among others. This negative influence on the country is the result of the presence of criminal groups linked to narco-terrorist organizations, the actions of which generate degrees of violence that are imitated by our common criminals, creating an environment and climate of instability in our society. Panama is effectively a transit country, which makes us a vulnerable territory for these activities, since we have a border with our brother country Colombia. It is a fact that these criminal organizations navigate along and use our coasts for rear-guard and logistics actions, making it easier for them to cover up the movement of these vessels, the majority of which are ultimately headed for North America. On the other hand, we are not ruling out the possibility that a portion of these substances remains in our territory for local consumption, used as part of the payment for these groups’ collaborators, who subsequently become distributors. Nevertheless, the government’s strategy is directed toward creating barriers that can reduce attempts at this supply and deny its utilization to those organized-crime and narco-terrorist organizations, through the actions of the National Border Service. We’re increasing and specializing our personnel in counterterrorism issues and international humanitarian law, with the help of the International Red Cross, to educate the civilian population in order to create awareness in this regard and the non-collaboration they could engage in with these transnational criminal organizations. Our understanding is that the chief humanitarian right violated by these groups is the recruitment of minors for illicit activities and human trafficking. Considering that narco-terrorism is the chief patron and motivator of criminal actions, we can issue a favorable judgment on the issue of security; the actions SENAFRONT is pursuing on our borders have minimized the flow of substances toward our cities, contributing to a progressive improvement of security in the country. It’s our responsibility to sustain these operations in order to guarantee a climate of tranquility for our citizens, on both our western border (Chiriquí and Bocas del Toro) and our eastern border in the province of Darién and the indigenous districts; this is all reflected in an increase in the perception of acceptance by the inhabitants, in state and private investment, and in the stability of these provinces, due to governmental encouragement and community support. Speaking of this group as such would be to give these narco-terrorists a recognition they do not deserve. I can inform you that these lawbreakers have been violating a great number of laws, not only those related to international humanitarian law. Let’s remember that merely their illegal presence in our country is a violation of our immigration regulations; let’s add to that carrying weapons of war, drug trafficking, criminal conspiracy; and let’s not overlook the crime they incite, which is the collaboration they receive from our nationals, in many cases using minors, inciting them to infringe parts of our criminal law in supporting the intentions of these narco-terrorist groups. Increasing patrols and operations, implementing preventive measures directed at the population, greater flow of information for intelligence work. Specializing all our personnel in all the topics that have to do with this plague. Carrying out more and better coordination with the authorities, with the aim of covering this problem better.
Comments Syracuse football returns healthier out of the bye week. SU head coach Dino Babers announced Monday that tight end Ravian Pierce will play against North Carolina on Saturday. Pierce, normally a starter for the Orange, missed the last three games due to an “upper body injury.”After missing most of the Pittsburgh game due to injury, Antwan Cordy will be ready for UNC as well, Babers said, adding that the redshirt senior safety was “flying around yesterday with a big smile on his face.”Prior to discussing injuries, Babers announced that redshirt freshman Andre Szmyt is now on a full scholarship. Szmyt, previously a walk-on, has made 16-of-17 field goals this season, including three longer than 50 yards. Earlier Monday morning, Szmyt was named a midseason All-American by ESPN. Babers said his team didn’t spend the week off in total rest. After Syracuse’s (4-2, 1-2 Atlantic Coast) best start under the three-year head coach, the Orange practiced hard, just for shorter time periods, Babers said. “It’s more of a cultural thing than anything else,” Babers said. “If we were more of a veteran group and we’ve had three of four winning seasons behind us, we might’ve went about it a different way. But we’re not that, and I want them to understand how tough it is. And if we’re able to accomplish the goals that we’re trying to accomplish, they’ll appreciate it.”AdvertisementThis is placeholder textOn Monday morning, the first coach to hire Babers to a college coaching staff, Bob Spoo, died at 80. Spoo coached Eastern Illinois from 1987-2011 before Babers replaced him in 2012. Babers remembered eating dinner at the Spoo family home in his late 20s. He noted the coaching tree Spoo built and commended him for a 25-year coaching tenure, amassed from ages 50-75. “There’s no doubt there’s a lot of Bob Spoo in me,” Babers said. “And the way he does things is exactly right.” Facebook Twitter Google+ Published on October 15, 2018 at 2:00 pm Contact Josh: [email protected] | @Schafer_44
Liverpool have completed the signing of Manchester City defender Kolo Toure.The 32-year-old Ivory Coast international moved to Anfield on a two-year deal after his contract at Etihad Stadium ended.Toure made 102 appearances for City after joining from Arsenal for £14m in July 2009 and was part of the team that won the Premier League in 2011-12. But he played only 18 games in 2012-13 and was left out of the club’s Champions League squad.Toure joins the Merseyside club following the retirement of fellow central defender Jamie Carragher and with uncertainty over the future of Slovakia international Martin Skrtel.He told the club’s website: “This means a lot to me. Firstly, I’m joining one of the best clubs in England. “When I left City it was important for me to stay in England because it’s the best league – and to join Liverpool is massive for me.“I chose Liverpool because of the history and because of the spirit of the team and the people here.”In seven seasons at Arsenal, Toure won the FA Cup twice and was part of the ‘Invincibles’ squad that went through the 2003-04 season unbeaten to win the Premier League.However, he missed out on City’s 2011 FA Cup success after being suspended for six months in March of that year for failing a drugs test.Toure is Liverpool’s fourth signing of the summer so far, following forwards Luis Alberto and Iago Aspas, and goalkeeper Simon Mignolet.
Usain Bolt registered his first sub-10 run for the season with a 9.98 seconds win in the 100m at the Golden Spike meeting in Ostrava a short while ago. Bolt, was sluggish out of the blocks but had soon covered the field before running by himself to the line in what was only his second sub-10 second time in the month of May since 2012. Bajan Ramon Gitten was second in 10.21 with Hassan Taftian taking third in 10.25. In the women’s 400m, Christine Day came out on top in a season’s best 51.09 seconds ahead of Cartine Muir, 51.84 and Jessica Beard, 51.881. The men’s equivalent was won by Javon Francis in 44.87 with Tony McQuay taking second place in 45.17 ahead of third placed Pavel Maslak, 45.46 Kaliese Spencer (55.43) had to settle for second place in the women’s 400m hurdles behind Joanna Linkiewicz, who ran a personal best 55.40 with Zuzana Hejnova finishing third in 55.69. Jaheel Hyde clipped the second to last hurdle before falling to the ground, while contesting the top spots in the men’s 400m hurdles. Hyde got up and finished the race in 65.98 with LJ van Zyl taking the win in 48.67 ahead of Johnny Dutch, 49.09 and Patryk Dobek, 49.51.
BEIJING — Usain Bolt won the 200 meters in 19.55 seconds Aug. 27 to complete another sprint double at the world championships, again holding off Justin Gatlin.With one of his coasting-at-the-end performances Gatlin still couldn’t get close as the Jamaican won a record 10th gold medal at the world championships.Looking left and failing to see any red from Gatlin’s jersey, Bolt lifted both arms and punched his thumbs into his chest to show once again he is the greatest sprinter of all time.With a time of 19.55 seconds, he set the best time of the season. And despite slowing down, he still beat Gatlin by .19 — much more than the .01 second edge Bolt had in the Aug. 23 100 final.Bolt is now 2-0 in Beijing against Gatlin, who had been unbeaten in two seasons, with only the 4×100 relay to come on Aug. 29.Once he sat down to savor his victory on a trackside chair, Gatlin came over to congratulate Bolt and the two rivals shook hands and chatted.Seven years ago, Bolt started his amazing run of gold at the Beijing Olympics and has not lost a major 200 race since.The Jamaican, however, had been struggling with injury since winning his third straight 200 title at the 2013 world championships in Moscow.TweetPinShare0 Shares
When Jofra Archer was breathing fire on the South African batsmen with his raw pace, the Indian trinity of Sachin Tendulkar, Sourav Ganguly and Virender Sehwag reunited in the commentary box during the World Cup opener, sharing light-hearted discussions.Tendulkar made his commentary debut in World Cup 2019 during the tournament opener between England and South Africa at The Oval whereas his contemporaries Sourav Ganguly and Virender Sehwag have made it their profession.When asked about his debut as a commentator during the World Cup opener match between England and South Africa, Tendulkar compared it with his international debut at the age of 16 in 1989.”I know, I am having the same feeling I had in Pakistan in 1989. Now it’s 2019, I am having the same feeling. 30 years down the line. I have a microphone in hand, not a cricket bat. Looking forward to it,” he was quoted.Virender Sehwag also shared two pictures on his Twitter account. He captioned it “Together Again!”. All three cricketers can be seen having a chat in both the images, the left from their playing days whereas right one from the commentary box.Together again !pic.twitter.com/QGR2091DS7Virender Sehwag (@virendersehwag) May 30, 2019The trio of Tendulkar, Ganguly and Sehwag formed the core of the team which reached the finals of 2003 World Cup, only to lose to Ricky Ponting’s Australia.Tendulkar and Sehwag were an important part of the young Indian side that ended Australia’s pursuit for a fourth successive World Cup triumph in the quarter-final and eventually went on to clinch only their second world title at home.advertisementEarlier, former India captain Sourav Ganguly and coach John Wright had also joined hands at the commentary box during India’s warm-up match against Bangladesh in Cardiff.Wright took Ganguly on a nostalgia ride as he recalled India’s World Cup 2003 campaign. India suffered a 9-wicket defeat to Australia early in the campaign but recovered well to reach the final and eventually finish as runners-up.Also Read | World Cup 2019: Sourav Ganguly and John Wright reunite in commentary box, bond over banterAlso Read | Warner, Archer and Rashid the players to look out for in World Cup 2019: TendulkarAlso See:
The Canadian Press OTTAWA — The Conservative Party of Canada is adding police checks to its candidate vetting policiesThe party hired lawyer Carol Nielsen more than a year ago to probe how Rick Dykstra was allowed to continue on as a candidate in the 2015 election after the party learned he was accused of assaulting a woman who worked for another MP.Dykstra denies doing anything wrong and lost his Ontario seat in the election before the allegations were made public.Nielsen’s report says party officials failed to make the necessary inquiries about the allegations, a failure she blames on the lack of any actual protocol for handling such complaints.The party relied on Dykstra’s word that the police had investigated and decided not to lay charges and Nielsen says one of the failures was that party officials never bothered to check with the police themselves.Police have said they dropped the investigation because the complainant did not want to proceed.