By John Estridge
EDITOR’S NOTE AND EDITORIAL COMMENT: This is the seventh of a multi-part transcription of the August 24 Brookville Town Council meeting’s pertinent parts relating to the Golf Course Purchase, Zimmer Building Purchase and Frisbee Golf Course. I wanted to break this down into parts because it will be a very long piece, if I can even finish it. It takes a long, long time to go over and over a recording to do a transcription, especially with how fast and slurred Curtis Ward, BTC president, is when he begins talking about something that apparently excites him.
Part VI was all about Curtis reading the Purchase Agreement and trying to sell the town’s taxpayers what a great idea it is to buy a golf course without anyone looking at and studying the financials. And as we are reminded in Part VII, there has not been any feasibility study concerning if it would be smart for the town to purchase a golf course, let alone that golf course. Part VII is some discussion, which includes me losing my cool, then the unanimous vote to approve the resolution concerning the Purchase Agreement.
Curtis Ward: “Is there any discussion regarding the Purchase Agreement?”
Tammy Davis (town attorney): “We also have that resolution.”
Curtis Ward: “Any discussion? We’ll do the resolution first.”
Paul Chaney (Brookville resident, former BTC member, former BTC president and he spoke earlier in the meeting): “Are you still entertaining questions?”
Curtis Ward: “How’s the board …”
Eric Johnson (council member): “I think the agreement may have answered a lot of questions.”
Curtis Ward: “Do you have any follow-up questions Mr. Chaney?”
Paul Chaney: “Yes, I do. You threw out a number of $400,000 of revenue?”
Curtis Ward: “Yes I did.”
Paul Chaney: “Gross revenue? What was in there?”
Curtis Ward: “We’re not able to disclose that.”
Crowd members became upset
John Estridge: “Tammy, Tammy (Davis, town attorney) … is this allowable that a governmental entity spending taxpayer dollars gets into a nondisclosure agreement with a private entity?”
Curtis Ward: “Tammy, Tammy don’t answer that question.”
John Estridge: “You don’t want her to answer that in front of these taxpayers? And the taxpayers of the town?”
Crowd members: “It’s OUR money. Don’t you have to wonder why (Curtis will not let Tammy answer)? ”
Paul Chaney: “What was the stipulation of how long the town has to run the golf course?”
Curtis Ward: “There is no stipulation on how long the …”
Paul Chaney: “It has to be so many years that it remains a golf course before you …”
Curtis Ward: “No.”
Several people in the crowd at once: “You said 10 years.”
Curtis Ward: “10 years for a greenspace or a golf course.”
Paul Chaney: “10 years as a greenspace or a golf course, but it doesn’t have to remain a golf course?”
Curtis Ward: “Or a golf course.”
Paul Chaney: “If it’s not a golf course, what are you going to do with the property?”
Curtis Ward: “It’ll be a park greenspace.”
Paul Chaney: “It’ll be a what?”
Curtis Ward: “The primary purpose of that property would be greenspace and a golf course. We fully intend based on (I think he said numbers) from the last three years they have proven it and keep it a golf course (I think he said right now). That’s been that way and that is our commitment.”
Paul Chaney: “If that doesn’t pan out, then what happens to the property?”
Curtis Ward: “We have to keep it for 10 years as a greenspace or we offer it back to the LLC as a first right of refusal.”
Paul Chaney: “So, that’s the stipulation?”
Curtis Ward: “Right.”
Bernie Rosenberger (town resident retired owner of Rosenberger’s Main Meat Market and he spoke a couple of times during the meeting): “Do they have to buy it or are we stuck with it, period?”
No answer:
Bernie Rosenberger: “What?”
Paul Chaney: “If they (LLC) don’t buy it, we’re stuck with it.”
Curtis Ward: “They don’t have to buy it. We can then offer it to somebody else.”
Paul Chaney: “You need to rethink this. I think it’s already a done deal, but you need to rethink this.”
John Estridge: “Did a CPA look at the books that you hired or was it just you and Cathy (Pelsor, town council member) looking at them today?”
Curtis Ward: “We looked at the books today.”
John Estridge: “Today?”
EDITORIAL COMMENT: If you can’t see the video or hear my voice on the video for some reason just infer there is the largest percentage of an incredulous tenor to my voice that is possible by a human being when I asked that one word “today?” This is something that could negatively affect this town and county for years ahead, and Curtis and Cathy looked at (spoiler alert) something, but not books for maybe an hour on the day of the vote. I think due diligence was done there. THAT’S SARCASM
Curtis Ward: “Yes.”
John Estridge: “Did a CPA look at the books.”
Curtis Ward: “We did not ask to look at the books.” (EDITORIAL COMMENT: OMG WTH and LOL if I were not a Brookville resident)
John Estridge: “You did not ask to look at the books?”
EDITORIAL COMMENT: I really don’t like it when people repeat the last statement someone says, but it was better I did that than rip off a bunch of oaths in front of all the people in the audience and all the people watching the video. Let me tell you, that surprised me: Not that he didn’t look at the books, because I do not think he is smart enough to ask to do that or to know what he was looking at if it did occur. I was surprised he admitted something that stupid in public. And I don’t think Curtis wants to know the true nature of the “books” because he has such a financial stake in keeping that a golf course open until he can unload the nine lots he bought adjacent to the golf course on July 7. And then there is the inability to be straight about anything: look back a few lines and Curtis said “We looked at the books.” Look down a few lines from that and Curtis said “We did not look at the books.” That, my friends, sums up Curtis Ward better than anything else because his lips were moving each time.
John Estridge: “What did you look at?”
Curtis Ward: “A financial statement.”
John Estridge: “You did not look at the books, and you did not have a CPA even look at their financial statement?”
Curtis Ward: “They were ready to disclose all their financials to us if we requested it.”
John Estridge: “But you didn’t have a CPA look at it?”
Curtis Ward: “We had a CPA look at it last time (his words all went flying together here but the last time was three years ago)
John Estridge: But that was last time.”
Curtis Ward: “It’s improved, John (It was garbled here, and to be honest, I was talking over him. It’s my southeastern Kentucky temper).
John Estridge: “The numbers may have changed.”
Curtis Ward: “They have. They’ve vastly improved.”
EDITORIAL COMMENT: They have improved vastly. It is just they cannot be made public. We are to trust everyone involved with it. If you need to reread something go back and reread Curtis saying they looked at the books and they did not look at the books, seconds apart, and trust that.
John Estridge: “Did they give away memberships to the fire department?”
Curtis Ward: “No.”
John Estridge: “They did not?”
Curtis Ward: “They discounted memberships.”
John Estridge: “They what?”
Curtis Ward: “They discounted memberships to the fire department.”
John Estridge: “So, how much did they discount?”
Curtis Ward: “I don’t know. The total revenue for the membership was $90,000 for 108 members.”
John Estridge: “90,000 for what?”
Curtis Ward: “108 members.”
John Estridge: “So less than $1,000 (per membership).” (I swear I did not use a calculator to come up with that. Little things like that made me proud when I watched the video).
Curtis Ward: “Yes. They advertised family packages for right around $800. They did an early season where they discounted fire and EMS and police too, Terry (Mitchum, Brookville Police Chief)?”
Could not hear his response.
John Estridge: “If you personally were going to buy a business, would you not have a CPA check it out before you buy it, if it was a private transaction?”
Curtis Ward: “If there’s enough motivation there to buy it, (EDITORIAL COMMENT: I have no motivation to buy it) if I thought the value was there with the listing, which I do, to confirm it I would need to appraise it. We have always said it doesn’t matter to us if that, at that time, when it had a lower impact when started it, we valued it on the value of real estate. We still do, buying property that’s $5,700-5,800 per acre.”
John Estridge: “Why not let’s take Brian (Bauman) and you and some (more) realtors and why not buy it, if it’s such a good deal. We don’t have to be the middle man in this. Just do away with the town being a part of it. Ya’all buy it, and I hope ya’all make money.”
Curtis Ward: “That’s not it.”
Crowd erupts. It is hard to hear Curtis over the crowd noise as people are yelling. I think Curtis said:
Curtis Ward: “It’s not up to me to tell the LLC what to do. They want to sell it to the town.”
EDITORIAL COMMENT: This still amazes me, the entire exchange between Curtis and I. There are so many things to mention here, but as one person told me recently, “we all get it.” And I think we do get it. I would say the town council members are the only ones who are clueless, but at least one of them is going to be laughing all the way to the bank. Maybe more than one, who knows at this point.
Bridget Hayes: “I was just wondering at the last meeting, your attorney said the first right of refusal was something that municipalities don’t normally get involved in with the companies but it looks like you are so what changed your mind?”
Curtis Ward: “Tammy did more research. We followed with those, and they provided more insight on that. Tammy…”
Tammy Davis: “I … when he asked me that, I misspoke. I’ve only dealt with private situations, not in a municipal situation. Um, so, I thought my comments were more about restrictions than first right of refusal, but you might be right, I don’t know. Um, so yes, we have talked to the people in Indianapolis as well. So, they didn’t have any concern about it.”
Bridget Hayes: “The next question is I was looking and I get a little confused about this whole transaction, because I was under the impression a feasibility study was going to be conducted to say whether it was a good idea to buy a golf course as long as you … (something) about annexation. And I remember you saying several times ‘don’t worry, we’re not going to have a golf course without annexation or annexation is not without a golf course’ or something to those words. I thought they were always together, but now they are clearly separate. Can you help explain maybe why … I thought the feasibility study was so key and now you’re saying … I’m under the impression the feasibility study is not happening because there are no invoices from them (the company that has supposedly been doing a feasibility study for a year or so). And now I believe the public will never see a feasibility study about is it worth it to buy a golf course even if you don’t annex the hill.”
Curtis Ward: “The feasibility study was never tied to the golf course, correct?”
Tammy Davis: “I was under the impression it was about annexation.”
Curtis Ward: “The feasibility study is about annexation.”
Both Curtis and Bridget are talking at the same time along with a cell phone with a ringer like an old-fashioned land line, which all equals I don’t know what was being said. I could hear again when he said:
Curtis Ward: “…a developmental phase, there’s a population phase, X,Y,Z, there’s a whole list of things to do for voluntary annexation (something… no one else was talking but Curtis was going really, really fast again. But it sounded like: we have to complete). So the feasibility study looks at that and they also look at the tax impact of the properties we would choose to annex. They would tell us what our tax revenue for those particular properties would be. We would take it a step further and look at the projected census regarding providing infrastructure up there to see if that falls within the feasibility of the whole project. Perhaps, it was because we were doing both simultaneously, it became merged together but the feasibility study has never been about whether the golf course was feasible.”
EDITORIAL COMMENT: Don’t you think it should have been? Hello.
Bridget Hayes: “OK so, this to the town would be to provide infrastructure because obviously the town should get a lot of revenue off of it. So, the impression was the risk was to purchase a golf course, but you’re saying it is actually the risk is about providing infrastructure.”
Curtis Ward: “The largest cost would be providing infrastructure.”
Bridget Hayes: “But it doesn’t matter because we’re never going to see it, right?”
Curtis Ward: “I’m not sure, what?”
Bridget Hayes: “You said the public will never see the feasibility study.”
Curtis Ward: “It wasn’t the feasibility study.”
Bridget Hayes: “Oh, again, I’m sorry. I thought you said you couldn’t disclose it.”
Curtis Ward: “The only thing we’re not able to disclose would be that NDA (non-disclosure agreement) we have with the golf course regarding finances The feasibility we’ve never said we can’t disclose that.”
Bridget Hayes: “OK. Thank you so much.”
Curtis Ward: “All right. So, I’m going to read the resolution.”
EDITORIAL COMMENT: I will print the resolution at another time. I forgot about him reading it and that is was different than the Purchase Agreement. Thus, I did not ask Gina Gillman, clerk-treasurer, for that when I asked for the Purchase Agreement. If you want, go to the video and listen to Curtis read it. I really think that is unbelievable the speed he reads aloud.
Curtis Ward: “Do I have a motion?”
Tammy Davis: “The resolution is per statute. If you decide to proceed with a purchase you have to pass a resolution.”
Curtis Ward: “Is there any discussion? Motion to approve Resolution number 2021-1?”
Chuck Campbell council member attending via phone: “Yes.”
Curtis Ward: “Chuck has made the motion to approve, is there a second?”
Eric Johnson: “I’ll second it.”
Curtis Ward: “All in favor.” (four hands and supposedly Chuck did something on the phone to vote yes). “All opposed. Motion carries. Terms of the Purchase Agreement: Is there a motion to present the Offer to Purchase as read prior to the resolution to LLC (something)?”
(Brooke Leffingwell, council member: “I’ll make a motion to approve.”
Curtis Ward: “So, Brooke made a motion to approve Offer for Purchase as read to Brook Hill Golf Club Preservation LLC. Is there a second?”
Eric Johnson: “I’ll second it.”
Curtis Ward: “Eric seconded. All in favor. Chuck says yes. All opposed. Motion carries.”
That ends Part VII. Part VIII is the Frisbee Golf Course.
Our “new democracy” in action. What a farce! Why bother to submit a question to a board which has no intention of answering it. What happened to the “voice of the people”? It won’t be listened to in Brookville, Indiana!
What a scary thing it is when you put some one in a position of authority and they forget they are working for the all of the people and instead become some one consumed by the power. I don’t live in Brookville but my family has lived in Franklin county for generations. For the first time it appears that doing business in town could be a problem. I would assume that this is the way the town will pay for a new swimming pool and a golf course and a town building by writing more traffic citations and collecting more fines I guess we will have to take our business else where. The name Judge Roy Bean comes to mind.