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7. FLOORIDISCUSSION (CONT'D <br />Mrs. Allen asked what would happen if the downtown project didn't go, where <br />would the money come from to pay back to HUD. Mr. Brownell indicated that <br />we dic not owe HUD anything that we owed the trust company ... and that the <br />financial settlement in 1978 would pay off the project notes. Mr. Anderson <br />asked who paid them off and where did the money come from and Mr. Brownell <br />indicated that the Commission paid off the notes and that the money would come <br />from crants that HUD held back from us. Mr. Anderson asked if there was <br />any guarantee that involved the City of South Bend to make up any deficits <br />that night arise? Mr. Brownell added that he didn't think so ... Mr. Anderson <br />added that "while you may not think so Mr. Brownell is it not a fact that if <br />this program goes through, the City has to guarantee to make up any deficits and <br />over-costs of the project ?" Mr. Brownell answered "you are talking about <br />another thing, we are talking about the close out of Project R -66, a Section <br />112 B Financial Settlement." Mr. Anderson asked "what were the previous <br />over - uns on our earlier projects that the City had to pick up ?" Mr. Brownell <br />didn't know of any. Mr. Anderson said "you don't know of any, would an audit <br />reveal such costs ?" Mr. Brownell said an audit would. Mr. Anderson said " <br />were ou ever audited ? "... Mr. Brownell said we have to have an audit every <br />two y ars...Mr. Anderson asked "were you ever audited specifically for the <br />purpose of determining the costs that the City had to pick up ?" Mr. Brownell <br />added that if there were, the audit would reveal it. Mr. Anderson asked "if <br />those records existed, are they available to the public ? "...Mr. Brownell said <br />yes they existed, and he didn't know if they would be public information. <br />Mr. A derson said "if I asked for them would you refuse to let me see them..." <br />Mr. Brownell said he did not know the answer to that ... Mr. Anderson said "I <br />would constitute that to be a refusal if you don't know the answer." Mr. <br />Brown Ell said "you can constitute anything you want I don't really care what <br />you constitute." Mr. Anderson said "I know you don't really care..." Mr. <br />Brown Ell added he didn't like Mr. Anderson's attitude... that you question us <br />as though you felt we were dishonest. We have been audited on every project, <br />everything has been taken care of and there are no problems. There has been <br />an au it on this present project, and it was just accepted September 2 by <br />HUD.. an audit by John Dobson and Associates. Mr. Anderson asked if Mr. Dobson's <br />audit included the determination of cost over -runs on prior projects...Mr. Nimtz <br />interrupted, "No, this audit was just on this project, now let's settle this thing, <br />Dick, if you want anything give Mr. Butler a letter of what you want and it will <br />be determined if it can be furnished to you. Many of these projects have been <br />close out and I presume records are in storage. We don't have the space up <br />here to hold everything, HUD has complete records on everything...just give <br />Mr. B tier a letter and if it can be legally given to you we will give it to you." <br />Mr. A derson answered by saying that "firstly, I don't believe the public should <br />have to give a letter requesting service, I think the public would be very <br />interested and it would be a matter of good politics on your part to provide <br />information to the public without written demand, or court order for them..." <br />Mr. N mtz, said "Dick, there is no need for a court order . now just listen <br />to me .. if you want anything give Mr. Butler a letter of what you want and <br />we wi 1 give it to you if we can legally give it to you. I don't want you <br />walki g in and verbally saying give us this, give us that, there has to be <br />some -ecord of what has been asked for. It is as simple as that." Mr. Anderson <br />added "if your lawyers indicate that I cannot get it I will not get it..." <br />Mr. N mtz answered "I presume so if the attorneys say we cannot legally give <br />this to you we can't. I don't know all the regulations and that is why we have <br />Mr. Butler, although we differ politically, I respect his opinion and so far <br />there has never been anything told me wrong. Mr. Anderson added... "we will <br />hold fhat in abeyance." <br />(11) <br />