By John Estridge
This is the first of a multi-part transcription of the August 24 Brookville Town Council meeting’s pertinent parts relating to Golf Course Purchase, Zimmer Building Purchase and Frisbee Golf Course. They are going to be printed in this series. 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. Thus, this will be in parts. This is Part I.
Sometimes the best way to describe something is to let people tell it with their own words.
However, with this, it would be better to see the video images of the Brookville Town Council members texting, reading texts and looking incredibly bored as people poured their hearts out at the Brookville Town Council meeting, Tuesday, August 24.
Curtis Ward: “Next up golf course updates. I assume that’s why the majority of everyone is here tonight. So, we’ll open it up before we get into it. Alright I’ll open it for anyone who wants to address the board regarding the golf course purchase.”
EDITOR’S NOTE or EDITORIAL PARAPGRAPH: Curtis said “I’ll open it for anyone who wants to address the board regarding the golf course purchase.” It was already a done deal. Nothing anyone said or did could sway the council members’ opinions at that point. Curtis knew he had all the votes. Council held an executive session about the purchase of property 24 hours prior to Tuesday night’s meeting. In an executive session, council members are not to take votes. However, it appears that occurred as it has occurred several times in the past with these board members. Indiana code, apparently, is relevant just for the rest of the state outside Brookville’s town limits.
Curtis Ward: “Before you address the board please come to the podium and state your name and try to keep this as limited as possible since there are multiple people that have concerns.”
Bridget Hayes, Observer reporter: “Can you bring us up to speed where you’re at?”
Curtis Ward: “We’ll do the public portion first.”
Ken Murphy, retired Franklin County Sheriff and retired State Excise Police Lieutenant: “My name’s Ken Murphy. I’m a resident of Riverview Subdivision. I’m going to address these comments in the form of questions, two questions for the board.”
EDITOR’S NOTE: There was a short break as Brookville Clerk/Treasurer Gina Gillman asked Ken if the microphone at the podium was on. Ken turned the microphone on. It should be noted at this point in the meeting, all of the fans had been turned off in the Schilling Center so people had a better chance at hearing everyone. It was the first time the Schilling Center has been used for a Brookville Town Council meeting. It became stifling hot and humid in the Schilling Center during the meeting.
Curtis Ward: “Will you turn your microphone on, please.”
Ken Murphy: “I have documents with me that indicate on July 7 Curtis you purchased nine pieces of real estate on Par Drive next to the golf course.”
Curtis Ward: “That’s correct.”
Ken Murphy: “So, I’m asking is the sudden emergency to purchase the golf course in any way connected to this purchase of real estate by you?”
Curtis Ward: “No.”
Ken Murphy: “So, there’s no emergency on your purchase.”
Curtis Ward: “No.”
Ken Murphy: “So what is the emergency?”
Curtis Ward: “There is no emergency.”
Lengthy Fact check: (I feel like one of those WaPo’s fact checkers, but here goes) At the August 10 meeting, merely two weeks before council passed the resolution to purchase the golf course, Ward started talking about the golf course purchase. He said “A few of months ago the LLC reached out to me and they are reaching the end of the point they are allowed to hold the property for the town, and asked the town if we would consider going ahead with the purchase prior to annexation. So, at our last executive session, we did discuss the possibility of purchasing the golf course ahead of time, and we have been working with the LLC’s attorney in getting some language started on what they would like. So, what we’re looking for tonight I just wanted to recap the initial purchase agreement. So, they purchased the property for $1.1 million with the personal property, the real estate and all the improvements attached. We agreed to purchase the property back when the former board was on at the price of $1 million dollars at the time of annexation. We’ve already accomplished the two appraisal requirements and that would include the personal property they had purchased prior along with the initial purpose. They’re still willing to honor that initial purchase agreement even though it wasn’t — I don’t think it was ever written out, right Tammy? (town attorney Tammy Davis). They’re still willing to honor that initial purchase agreement. They want to take it a step further. They want to make sure the property remains with the same intent with what they purchased it as, which is to stay a golf course. So, they would like some language inside of the purchase agreement that would state the town board would agree to keep the golf course as an 18-hole, city-ran golf course for a period of not less than 25 years. They would also like to see, if for some reason the intent would change, if it’s statutorily acceptable, that that property would be given first right of refusal to that property so they can continue to save the golf course because of they do value the impact the golf course has been making in our community, and they want to see it remain a golf course for several years. What we would be doing tonight is not necessarily be approving the purchase, but it would give Tammy the authority to draft a purchase agreement to present to the LLC. One that we would determine to be beneficial to the town. Tammy could include language, which would protect the town from whatever she would think is best. And if they would accept that in the time being, we would make a motion to authorize Tammy to print that resolution to purchase the property.” (Skip ahead in that meeting as Tammy told them putting a caveat on property one is buying for a 25-year period is not good. Reporter Bridget Hayes then asked why the rush when prior to this, the LLC expected a resolution by the end of the year) “They have investors that invested in there with the expectation this was a two-to-three-year commitment, and we’re reaching the end of that. So, they locked up their investment on something that is not offering a return because they are reinvesting everything back into the golf course. I’m sure as an investor, they would prefer to invest that money elsewhere. That’s just my assumption. Also, it aligns with the fiscal year. One day into January changes the tax assessment of the property. Preferably, we would wait until after our annexation were to pass, Umm, you know we stated that before. This is the point we are at. We want to save the golf course. Umm, my decision has not changed on that. Umm, if the position of the board members has changed on that, it’s fine, but this is where we’re at.”
EDITORIAL COMMENT: Emergency? That is for you to decide. It sounded like it had to be done immediately to help those poor investors, and that is apparently the reality.
Ken Murphy: “There appears to be an emergency. We had to buy this immediately. Now, I’m going to ask the other board members if you knew this and you were aware of it. If you weren’t, you do now. If you do know it and you go on to proceed with it, the purchase of the golf course, then you’re complicit in this arrangement. Does that make sense?
Curtis Ward: “It was disclosed when regarding the purchase of the golf course.”
Ken Murphy: “Pardon?”
Curtis Ward: “I did disclose to the board, publicly, that I had a financial …”
Ken Murphy: “Did you disclose that with the State Board of Accounts?”
Curtis Ward: “We’re required to do that within 15 days of the contract which I have the document with me tonight, but I appreciate your concern.”
Ken Murphy: “OK, it is a concern. What I’m asking the board to do, on behalf of the citizens who are here tonight, to step back a minute and take a look at this and listen to the people who voted you into office, the constituents. Ask them what they want. Honor their wishes. Don’t rush into the situation. I’d like to see somebody take a look at the books. Do we know if this golf course is making any money?”
Curtis Ward: “We’ll get to that in a minute.”
Ken Murphy: “That’s not an answer. Do we know?”
Curtis Ward: “We do, and we’ll discuss that in a minute.”
Ken Murphy: “So, are we buying a pig in a poke?”
Curtis Ward: “We’ll discuss that in a minute.”
Ken Murphy: “Then, we’ll have follow-up questions?”
Curtis Ward: EDITOR’S NOTE: His response was too low for my tape recorder to pick up.
Ken Murphy: “Then, I agree to pursue that. Thank you very much.”
Curtis Ward: “Thank you for your time. Anyone else?”
Paul Chaney, former town council member and president and an avid golfer: “I’m Paul Chaney. I’m a resident of Hidden Valley Subdivision. My question is why in God’s name would the Town of Brookville want to own golf course that’s not even in city limits? Nobody knows what it costs to run the golf course. Nobody knows the condition of what the equipment is in. There is probably $2 to $3 million dollars worth of improvements that need to be done on the golf course. It’s playable now. In fact, I play on it two days a week. I’d like to see the golf course stay there, but I can’t fathom why the Town of Brookville would want to buy it when they don’t even know if it makes money. You have no idea what it’s going to take to make the improvements on it that it needs, and I’m wondering if everybody on the board is aware of these concerns?”
SEVERAL MOMENTS OF SILENCE
Paul Chaney: “Is that a yes or a no? Everybody’s aware of these concerns, and you still want to buy a golf course? Well, I’m sorry but to me that doesn’t make any sense. Thank you.”
Curtis Ward: “Thank you. Anyone else?”
Bernie Rosenberger, retired co-owner of Rosenberger’s Main Meat Market in downtown Brookville: “My name is Bernie Rosenberger. I’ve owned a business in this town my whole life. I recently moved to town a few years ago. And I’m concerned about the golf course consuming money you don’t have. The infrastructure they need to … and I’m not aware of this but does the town need to annex before they buy?”
Curtis Ward: “No.”
Bernie Rosenberger: “So, you want to buy property, a business that has been sold, as risk, because it wasn’t maintained. But my biggest concern is that the infrastructure you have to put in, if you want it in, it has been talked about so much before, the infrastructure that would be spent by the town to incorporate and annexation and the condition of our town works, our streets, our curbs, our sidewalks, our empty businesses on Main Street, which you do not address. With that expenditure, how much money will that take out of our plans to equip Brookville, the existing town. And I hope that is everybody’s concern. I mean you can look at the Valley where there are several streets in dire need, I mean in I’m looking for just direction. The sidewalks, the curbs. People parking on the sidewalk. People parking five feet from their front porch. People parking 10 feet. People parking where people should walk on the sidewalk. I’m just thinking about the future and the look of Brookville as what it is now. If we could spend that money (on town’s current needs). I still don’t think it’s worthy to spend a million dollars for a business that is not viable, not making money. Thank you.”
He received loud applause from most in the room.
Derrike Kolb, former first deputy in county auditor’s office, and he narrowly lost the Brookville Clerk/Treasurer race to current clerk/treasurer Gina Gillman at the last election: “It is getting rather late on the agenda. Do you want me to ask my questions now as they are time consuming?”
Curtis Ward: “If they pertain to the golf course, then yes.”
Derrike Kolb: “What is the town’s business plan for this golf course? And have you seen the LLC’s current financial plan and financial statement? I think they should be looked at before considering.”
Curtis Ward: “Yes. Yes.”
(Different people were murmuring and talking asking what the plan is)
Curtis Ward: “In answer to your second question, yes we have seen the financials. The plan is to continue operated, assuming we agree tonight, the next thing we will be doing is setting up a …”
(this was repeated because he had not been talking into his microphone)
Curtis Ward: “The next thing we will be doing is setting up a transition committee between the LLC that has been operating it for the last three years and the town.”
(Much later in the meeting, Ward said the transition committee would be composed of the LLC members and one or two town council members.)
Curtis Ward: “We value the improvements they’ve made. We value the experience and how they’ve scaled that business to what it was three years ago to now. There are improvements to be made like there would be with anything you would buy. However, we continue to work with them and it would be more of a benefit to utilize their business plan they have and adapt it to our use.”
Derrike Kolb: “Do you know what improvements need to be made?”
Curtis Ward: “We have a good idea. They did present the last three years what they have done to the course and what is left to improve. Obviously, we could continue to improve anything, as much as you want, is there priority projects? Yes. Are there things that necessitate you have to do before you open? No. They have proven that over the last three years, when they have taken a course that was in dire condition and transferred it … transformed it into the condition it is today. It’s much better than what they received it as.”
Derrike Kolb: “What is the approximate timetable for the town’s process for obtaining a bond on behalf of the taxpayers for the purchase of the golf course i.e. seeking of bond counsel, public hearings?”
(EDITOR’S NOTE AND SOME EDITORIAL COMMENT) (Through this part, Curtis talked so fast, even with my tape recorder directly in front of him, his words were so slurred together I could not get a complete transcription. For that, I apologize to my readers, but Curtis, I know you want to go at warp speed with everything, but please, especially in meetings, slow down your speech patterns.)
Curtis Ward: “So, this has been a three-year process. We started this before any of this. We actually have (sounds like “solidified draft in place”) so we could close out the bond at the end of the year as long as we started by the first meeting of September. Aggressive timeframe however it still was doable even though (sounds like “first time (something unintelligible”) back in 2019, Baker Tilly proposed – I’m sorry Umbaugh – (something like “hold a hearing for us” and then something more unintelligible) we would like to engage them again since they are doing the feasibility plan for the Town of Brookville annexation so we have (unintelligible).”
(EDITOR’S NOTE, EDITORIAL COMMENT and FACT CHECK AGAIN) Whew. I am worn out listening to that, but my tape recorder and my aged ears did pick up that Curtis said Baker Tilly, formerly Umbaugh and Associates, an advisory, tax and assurance firm, according to its website, was doing the town’s feasibility study for annexation. It was determined at the August 10 BTC meeting where we were all told the golf course had to be purchased RIGHT NOW (but, again now, it is not an emergency), the feasibility study has never been started even though Curtis said at almost every meeting in 2021, it is an ongoing study, and he again asserted it just now at the August 24 meeting that it is an actual study taking place as I type this. Clerk/Treasurer Gina Gillman admitted, at the August 10 meeting, her office has not received any claims from Baker Tilly for the ongoing (wink, wink, nod, nod) feasibility study. I have never known Baker Tilly to do pro bono work for municipalities and counties.)
Curtis Ward (continued): “And to get it done in the next two months. And to set it for 10 years.
Derrike Kolb: “So, are you planning on purchasing this before you have the actual funds from the bond?”
Curtis Ward: “We could do … maybe, it depends on the type of bond. You could bond (something) note. The ideal scenario is we pay off one bond by the end of the year, which is doable.”
Derrike Kolb: “How much of a tax increase is there going to be with buying properties for $1.6 to $1.8 million i.e $1.1 to $1.2 million for the golf course, $600,000 for the Zimmer property and $50,000 for the old INDOT property, and what’s the financial impact for the people who live in the town that put you in?”
Curtis Ward: “The taxes, it’s a complicated question because one, your assumption is we are going to borrow through a bond for all three properties, which is an assumption, probably not accurate. The $50,000 will be INDOT would likely come from other sources that we already have. The $600,000 to secured that property comes from the PPP process, which we used on the pool, and it will not raise the tax rate. It is not attached to a levy. The only thing we will be looking at through a levy at this point in time is if we approve to purchase the golf course, we need to approve the use of the bond by the first of September that will be the only thing attached to the levy.”
Derrike Kolb: “Which would be about $1.1 or $1.2 (million)?”
Curtis Ward: “We would purchase the project for $1 (million). The financial cost of that based on the 2018 total that they did for us was $175,000 bond issue cost for $1.2 (million). That would have about an 11 percent increase on your tax rate. Actually you having been an auditor, being the deputy auditor, that does not necessarily result in higher taxes for everyone. So, to put it like that is misleading in my opinion.”
Derrike Kolb: “I would venture to guess it will affect people in town more than people up on top of the hill?”
Curtis Ward: “It doesn’t affect the people up on the hill at all because the only rates that would increase would be the town rate, which will be the current town.”
Derrike Kolb: (to paraphrase Derrike’s next question because he also started talking fast is how will running the infrastructure to the area the town will annex up on the hill affect the people who live on the hill’s taxes because that would have to be bonded, too?
Curtis Ward: “You are lumping everything with a general obligation bond, which is simply not how it works. There are (and I will have to paraphrase again: sewer bonds and public service bonds) that are not attached to your levy. They come through other forms of payment. So, it doesn’t necessarily mean – when everybody says we have to put infrastructure up there and it will make your taxes go up that is simply not true.”
End Part I
https://www.remax.com/real-estate-agents/dennis-kolb-brookville-in/100081480
Reading the transcript is even more exasperating and frustrating than was being at that farce of a meeting. It was obvious that the council members had absolutely no regard for the opinions of their constituents, nor did they have any intention of considering opinions which differed from their own.