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untanglingwebs
El Supremo
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Since the OIG was given hundreds of documents, including incorporation papers and lawsuits that reflected the relationship of the Operation Unification entities as well as their connection and creation by the SDE entities, it is almost incomprehensible that the OIG could not recognize the conflicts.
In the NSP program alone, both the city and county gave contracts of $500,000 or more.
My Freedom of information request for the CHDO (Home program) applications indicated that someone in the City of Flint initially saw a problem judging by the question marks and comments on the margins.
Did this lead tothe whistleblower complaint? |
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Thu May 17, 2018 4:57 pm |
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untanglingwebs
El Supremo
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Terry Bankert
1 hr ·
#Flint- What is the next step in Charter Accountability. We the citizens of Flint still do not have an ethics board, humans relations nor Ombudsman.
We have a group of pro bono Flint atty our view is long term. We prefer to give council and mayor time to do the right thing.
Litigation as a last resort.
The remedy is not quick but I will not be the lead atty. Not
My day job.
I may lead political action who will join me.
This is a political leadership and accountability issue.
Having to resort to court action is a last resort and a condemnation of Mayor and City Council.
I have hope they will do the right thing but we are planning to act on all fronts if they do not.
Citizens are asked to raise their voices and challenge all council and mayor for this delay.
Political accountability is a trap mayor and council are walking into.
We now have a majority of the council with nominees. Good first step . The next step is for the city council to set the required public hearing on the nominees.
The Mayor is silent possibly hiding behind Mays. Time to smoke her out.
Mandamus an option requires a reach out to the atty general.
Any litigation will divert the political process.
The mayor is behind this stall with her council mouthpiece and coalition.
Time to apply pressure on the mayors office.
The goal is an effective ethics and accountability board human relations commission and Ombudsman.
In 139 , the Charter went into effect 1/1/18, days of mayor and council Misfeasance the community is engaging. 139 days, no excuse it has taken this long.
To the community take a personal action make a statement.
I will hold the mayor accountable in her election next year. Will you?
We are at the gates of political action .
Psst ...our little secret.
If you desire quicker legal action hire someone 😭
I personally blame Mayor Weaver and will remind her she has an election next year. |
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Sat May 19, 2018 6:52 am |
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untanglingwebs
El Supremo
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Terry Bankert
13 hrs · Flint, MI ·
#Flint- We have 138 reasons to challenge the leadership commitment Of Flint Mayor Karen Weaver. Her honor has an obligation to comply with the Flint City Charter. The new charter became effective 138 days ago on 1/1/18. The Mayor has not named her two nominees to the Flint Ethics and accountability Committee. Without this committee there will be no Flint Ombudsman. This is our Charter not hers. The buck stops on her desk. She must be challenged to explain her lack of leadership and her dereliction of duty. It appears her’s is a political strategy to deny the will of the Citizens of Flint. There appears to be a strategy to defeat the charters sections meant to hold her accountable. What does she not want disclosed. This is an abuse of power on her part. Then politics it is . The Mayor must be held politically accountable. There will be a Mayoral Primary August 2019. Lead or get out of the way. @terrybankert. |
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Sat May 19, 2018 6:56 am |
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untanglingwebs
El Supremo
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City of Flint v Operation Unification Inc., a michigan domestic non-profit corporation
13-101075 CK Yuille August 21, 2013
(Charles Young is the principal officer of Defendant; however, he filed for chapter 13 bankruptcy protection in March 2013)
Count i - Breach of Contract
6. On March 22, 2010, Plaintiff and Defendant entered into the Neighborhood Stabilization Program Development Agreement ("contract").
7. The funding for the Contract was provided by the United States government under Title iii of the Housing and Economic Recovery Act of 2008, which funds are to be treated as community block grant funds and administered by the United States Department of Housing and Urban Development. (exhibit 1) |
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Sat May 19, 2018 10:50 am |
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untanglingwebs
El Supremo
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8. The Contract required Defendant to acquire, rehabilitate and sell dilapidated single family homes in the City of flint.
9. The Contract originally involved up to ten (10) properties but eventually involved twelve (12) properties ("Properties") which are located in the City of flint, Genesee County michigan, commonly known as follows and legally described on the documents attached as Exhibit 2:
a. 638 W. Ruth Avenue;
b. 642 W. Ruth Avenue;
c. 645 W. Ruth Avenue;
d. 3506 W. Winona Street;
e. 646 W. Austin Avenue;
f. 6706 Eastmont Drive;
g. 609 W. Foss Avenue Avenue;
h. 3513 Keyes Street;
i. 3713 keyes Street';
j. 610 W. Laredo Avenue (also identified as Larsdo Avenue);
k. 1414 Moore;
l. 1318 W. Moore;
m. 634 W. Austin;
n. 633 W. Foss Avenue. |
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Sat May 19, 2018 11:08 am |
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untanglingwebs
El Supremo
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10. The Contract detailed the terms of payment to Defendant and the amount of funds available for payment.
11. The Contract required Defendant to use the funds only for the Properties.
12. The Contract also required Defendant to execute a note and mortgage in favor of the Plaintiff for the Properties to recapture the funds paid by Plaintiff to Defendant to acquire the Property and the amount of rehabilitation.
13. Upon completion of the rehabilitation, the Contract required Defendant to sell the Properties based upon certain criteria established by the U.S. government as set forth in the contract.
14. The Contract requires Defendant to provide Plaintiff with specific reports and records and permit the City to audit Defendant's records. |
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Sat May 19, 2018 11:22 am |
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untanglingwebs
El Supremo
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15. The Contract provided for suspension or termination of the Contract if Defendant materially fails to perform pursuant to the contract.
16. The Contract also provides, inter alia, that the Plaintiff may terminate Contract for Plaintiff's Breach of Contract.
17. The parties executed six (6) change orders amending certain terms of the Contract, including performance deadline and the number of homes at issue.
18. The Parties also executed Notes and Mortgages for each of the Properties
19. The Notes specifically require Defendant to execute and deliver deeds to the Plaintiffs conveying the Properties upon default of the Contract. |
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Sat May 19, 2018 11:37 am |
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untanglingwebs
El Supremo
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21. The Notes and mortgages also require Defendant to pay Plaintiff costs incurred in obtaining the deeds to the Properties, including, but not limited to, all costs of collection of the Notes and enforcement of the Mortgages.
22. Defendant defaulted and breached the terms of the Contract, Notes and Mortgages, inter alia, when it failed to rehabilitate the Property pursuant to the terms of the Contract, Notes and mortgages.
23.Defendant defaulted and breached the terms of the Contract, inter alia, when it failed and refused to sell the Property pursuant to the terms of the Contract.
24. Upon information and belief, Defendant breached the terms of the Contract when it used the funds for projects other than the Properties. |
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Sat May 19, 2018 11:50 am |
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untanglingwebs
El Supremo
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25. Defendant breached the terms of the Contract when it failed and refused to provide reports and/or accountings to Plaintiff pursuant to the terms of the Contract.
26. As a result of Defendant's breaches of the Contract,Notes and Mortgages Plaintiff has incurred damages, inclusive of money damages, and seeks equitable and monetary relief.
27. As a result of Defendant's breaches of the Contract, Notes and Mortgages Plaintiff may incur damages as the loss of current assistance from the U.S. government for the rehabilitation o dilapidated properties properties in the City of Flint and the loss of future assistance from the U.S. government for the rehabilitation and/or demolition of vacant, burned and/or dilapidated properties in the City of Flint |
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Sat May 19, 2018 12:13 pm |
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untanglingwebs
El Supremo
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Michael Brown January 15, 2012 City of Flint Financial and Operating Plan
(Notice- deficit started under Williamson and continued under both Walling and the Emergency Financial Manager who made massive changes to the water ordinances)
Introduction
This financial and Operating Plan for the City of Flint is submitted to Governor Rick Snyder, through the Department of Treasury for the State of Michigan, in accordance with Public Act 4, Section 18 which requires plan submission 45 days after the appointment of the Emergency Manager. This report includes a summary of the financial conditions, goals for the City of Flint, a description of the planning process implemented by the Financial Manager and the planned and on going actions being taken to resolve the financial emergency. |
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Sun May 20, 2018 10:13 am |
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untanglingwebs
El Supremo
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In the report to Governor Snyder, dated November 7, 2011, the Flint Financial Review Team summarized the findings of the Preliminary Review conducted by the Treasury Department (August 29-- September 12, 2011) and then reported the existence of, or likely occurrence of he specific conditions sett forth in Section 13(3) of Act 4 which led to the recommendation of the appointment of an emergency manager.
PRELIMINARY REVIEW FINDINGS:
* The City has incurred cumulative deficits in many of its funds over several years. The unaudited 2011 cumulative deficit is estimated to be $25.7 million.
*The deficit elimination plan submitted to the Department of Treasury by city officials has not been followed and the general fund deficit has increased and is now estimated to be approximately $11.0 million. |
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Sun May 20, 2018 10:29 am |
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untanglingwebs
El Supremo
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* The general fund expenditures have exceeded revenues since 2007.
* The City relied upon transfers from the the water supply and sewage disposal funds for general city operations.
* City Officials also borrowed from other funds to compensate for cash shortages including the public improvement fund, the localstreet fund and self insurance fund.
* The City continued to experience a cash shortage.
* The City's ability to pay short term obligations was uncertain.
* The pension fund was less than 60 percent funded.
* City officials failed to make staff reductions in accordance with the deficit elimination plan. |
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Sun May 20, 2018 10:38 am |
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untanglingwebs
El Supremo
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Flint Financial Review Team Findings:
* The City has a general fund deficit of $14, 621, 546 asof june 20, 2010 which was not eliminated within the two year preceding period.
* The City previously submitted a five year deficit elimination plan for a cumulative general fund deficit of $7,046,820 as of June 30, 2008. However, by June 30, 2010 the cumulative general fund deficit had grown to $14, 621,546. Un updated plan submitted for 2010 does not purport to eliminate the cumulative deficit until 2030 and that relies upon the issuance of an additional $12 million of debt in 2013.
* A structural operating deficit existed in the general fund as of June 30, 2007, 2008, 2009, 2010 and the general fund is projected to have a $6, 768, 864 deficit as of June 30, 2011. |
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Sun May 20, 2018 11:04 am |
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untanglingwebs
El Supremo
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page 6 -7.
Financial Administration/IT
Cash flow, which was identified in the audit as an area of ongoing concerns, has been reviewed. Thanks in part to the receipt of $8 million from the Financial Stabilization bond and the use of $.7 million in accumulated funds for retiree health care,cash flow should be minimally adequate for a short time. However, little progress has been made to date in addressing the extent of inter-fund borrowing. The situation continues to be monitored to assure sufficient cash to pay for current expenses, and options for long term solutions will be developed.
Review of the FY 12 budget-six months into the year-indicates a projected gap of $11.3 million in the General Fund. This includes transfers from the General Fund necessary to eliminate deficits in all other funds with the exception of the Water and Sewer Funds. |
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Sun May 20, 2018 3:00 pm |
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untanglingwebs
El Supremo
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Recently implemented rate increases appear to have been nearly sufficient (within $700,000) to cover current operations in the Water Fund,exclusive of OPEB liabilities. With depreciation and OPEB liabilities included, the $12.4 million deficit at the end of
FY 11 is projected to increase to $13.2 million.
The FY deficit of less than $500,000 in the Sewer Fund, however, is projected to increase to nearly $7 million, inclusive of depreciation and OPEB liabilities.
Options for addressing these shortfalls are being developed, including the possibility of additional borrowing in concert with expenditure reductions. |
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Sun May 20, 2018 3:20 pm |
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