A Letter to the Fired Editor Carla Hacker wrote questions about annexation to the Town of Brookville to give to their Indianapolis attorneys handling annexation issues

By Carla Hacker

July 28, 2020

Gina Gillman, Clerk/Treasurer

Tim Ripperger, Town Administrator

Town of Brookville

1020 Franklin Avenue

Brookville, IN 47012

Town of Brookville:

To follow the procedures outlined in the ordinance (motion made by Curtis Ward and seconded by Eric Johnson at the February 25, 2020 council meeting) regarding inquiries from the anti-annexation group, I am submitting the following 3 questions to be addressed:


1. When can the taxpayers of the town, surrounding areas, and Reservoir Hill expect a revised map showing an updated proposed annexation area?

Notes / Reference:       
Considering the town’s publicly expressed interest in the Hill, and because these questions are forwarded on to out of town attorneys who are working closely with the town to make the annexation a reality, we feel we can ask this question and expect a straightforward answer as to when an updated map can be expected.

As you are aware, the annexation discussion / bid has been ongoing on since October of 2018.  On October 16, 2018 during a joint meeting of the Franklin County Commissioners, County Council, and the Town of Brookville, Town Councilmember Curtis Ward presented a proposal detailing the town’s position on the annexation and effectively kick starting the process that we are still involved in today (See excerpt of meeting minutes below.) Although BTC often states that whether to proceed with the annexation is in the hands of the pro annexation group, we are confident that (although council’s involvement in this issue might have been and might currently be behind the scenes) they were and continue to be an active participant in the process to ensure the annexation goes through. Therefore, we feel it is appropriate to ask this question of council and the attorneys.

October 16, 2018 meeting minutes excerpt:

Town Council Member Curtis Ward  proposed an area that could be annexed to include 250 properties, that it would be a progression and could take up to three years to provide the infrastructure for Town services. He also addressed the property owners concerns regarding the taxation should their property be annexed, as well as what services the Town would provide to the residents . Mt. Ward said he would like to see an agreement in place between all entities that the County nor the Commissioners would appeal the annexation should  the residents wish to move forward. The Commissioners would like to see a map of the proposed annexation area prior to approval. However, both the County Commissioners and the County Council agreed unanimously not to oppose the annexation should the residents proceed to petition the Town[CH1] .

2. In reviewing past meeting minutes, it appears that the feasibility study began approximately April of 2019. With more than half of 2020 in the books, when can we expect the feasibility study to be completed? If there is no estimated completion date, approximately how far along in the process is the study at this time? (The council stated previously it should take approximately 1 year to complete.)

Notes / Reference:

According to the BTC minutes dated January 14, 2020, Tim Brack requested after the map was reviewed in detail, they would like to request that the town consider conducting a feasibility study and then move forward with the fiscal plan if the results of the study came back favorable.

January 14, 2020 meeting minutes excerpt:

Mr. Brack stated that after the map is reviewed in detail, they would like to request the Town to consider conducting a feasibility study on the tax impact of the proposed area and move forward with a fiscal plan should the results be favorable. Should the Town produce a fiscal plan, at that point citizens would be able to add to the petitions or withdraw their petitions.

Months prior to the presentation of the petitions, BTC stated they had engaged / hired companies to begin gathering and compiling information for the fiscal plan. The excerpt below is taken from the April 9, 2019 meeting:

Resident Randy Powell asked if the golf course purchase was moving forward. President Blitz stated that he, Council Member Ward, Town Attorney Tammy Davis , had a meeting with an engineer and financial planner  regarding the proposed annexation. The engineer was working on the contiguity study for annexation, said financial planner is working to obtain a parcel list  to get an idea of tax impact, as well as expenses in terms of infrastructure and improvements for a fiscal plan.      

Excerpt from March 26, 2019 meeting minutes:

At this point Council, heard questions from residents in attendance  and briefly explained some of the process. Annexation is definite; however, Council is preparing with the next steps to create a fiscal plan, which will take approximately one year to complete.

3. Is it still true that the only way the town will annex is if the majority of residents within the annexation map want it and if the town purchases the golf course?

Notes:

This is a question we get most often from residents just wanting to make sure nothing has changed and BTC is still of the same mindset.

Thank you for your time in answering the questions many of us have on our minds. As a courtesy to all who may not follow the BTC meetings (since these questions will not appear in council’s meeting minutes), we will be sharing the questions and your answers with the local news media, specifically the Brookville Democrat and American, Whitewater Valley News and Sports, and the Franklin County Observer. We will also share on our FB page.

Sincerely,

Carla S. Hacker, Brookville


 [CH1]

FC arrests from July 23-28

Provided by the Franklin County Sheriff’s Department

July 22

Crystal R. Widener, 31, Aurora, was arrested at 1:05 p.m. at the Dearborn County Jail by FCSD R. Gordon on an Arrest Warrant.

Olivia N. Ziegler, 37, Johnson Fork Road, Cedar Grove, was arrested at 2 p.m., at the Hamilton County Jail by FCSD S. Stirn and charged with Possession of Methamphetamine, Possession of a Hypodermic Syringe or Needle and Operating a Vehicle while Intoxicated.

July 23

Christopher L. Allen, 36, South Indiana 1, Connersville, was arrested at 10:29 a.m., at a Fairfield Causeway Road residence by Franklin County Sheriff’s Department Deputy A. Voelker for Warrant Service.

July 24

Dustin P. Riggle, 33, Hamilton, Ohio, was arrested at 1:45 p.m., at the Butler County Jail in Ohio by FCSD S. Stirn on an Arrest Warrant.

July 25

David W. Donnelly, 51, Hamilton, Ohio was arrested at 8:30 p.m., at Brookville Lake by Franklin County Sheriff’s Department Michael Ostendo and was charged with Operating a Motorboat while Intoxicated.

Oliver Hensley, III, 52, South College Avenue, Oxford, Ohio, was arrested at 12:30 a.m., on Bath Road by FCSD Sgt. Adam Henson and was charged with Possession of Marijuana/Hash Oil/Hashish, Salvia.

July 26

Shelly M. Meadows, 42, St. Mary’s Road, Brookville, was arrested at 10:39 p.m., on Main Street, Brookville by FCSD Deputy Kyle Hartman, and she was charged with Operating a Vehicle while Intoxicated Endangerment and Theft, value of property at least $750 and less than $50,000.

July 28

Brandon D. Campbell, 35, East 7th Street, Brookville, was arrested at 9:07 a.m., at the courthouse by FCSD R. Gordon for Possession of a Controlled Substance and Possession of Paraphernalia.

FC Commissioners reactivate county’s COVID-19 Task Force amid virus resurgence

By John Estridge

Franklin County’s COVID-19 Task Force is going to reconvene after a couple of months absence.

This is due to a resurgence of COVID-19 cases in the county. The total stands now as of noon, Tuesday, July 28, at 175 positive cases. That means in two weeks and a day, the increase in positive COVID-19 cases is 40, 49 new cases since July 1 and 22 new cases in less than a week. Deaths remain at eight while recoveries are at 110, according to the Indiana Department of Health website and Franklin County Public Health Nurse.

Franklin County EMA Director Amy Lindsey asked the Franklin County Commissioners about reactivating the task force during the commissioners’ meeting Tuesday morning, July 28.

She said with the surge in the last couple of weeks, people have been asking for more information like the county had before the task force shut down.

Ruther was Zooming the meeting and spoke from that forum. She said the state has taken over the tracking of the cases, but she would get the information from the state and also make that available.

Commission President Tom Linkel said the task force should meet at least twice a week and make their press releases public.

COVID-19 related items took up a large part of the meeting. Commissioners discussed employee protocol during the state’s mandatory mask order.

Linkel said all of the public entering county buildings should be masked. However, as long as county employees can social distance, they do not need to wear masks entering or exiting a building or while at their workplaces. However, if social distancing is not an option, then they should wear their masks.

Commissioner Tom Wilson said if an employee wants to wear a mask all the time that is their prerogative.

Linkel said he has told the county highway department if the employees are driving in their trucks, they do not have to wear masks, but if they are coming into one of the county’s highway garages and social distancing is not an option, then they should wear their masks.

Also, the county highway department is not using time clocks at this time to keep employees from having to be close together at the beginning and end of the workdays. Linkel also said, at the county highway department, start times have been staggered so employees don’t all come to work and leave work at the same time.

The number of people allowed in the commissioners’ meeting was capped at 12 people. Media members get the top priority, according to a recent memo. Commissioners moved from their usual podium which seats four to the county council podium, which seats seven. Auditor Karla Bauman sat at the commissioners’ table, which is across the large meeting room from the council table.

Commissioners also modified their meeting schedule. To date, commissioners met at least three times each month. However, due to the COVID-19 resurgence, they have decreased their meetings to twice a month, only holding them on weeks they need to approve the county’s payroll.

For August, it means the commissioners canceled the Tuesday, Aug. 4, meeting and will only meet on Tuesday, Aug. 11, and Tuesday, Aug. 25.

Decatur one of two counties picked for OCRA’s partnership with Indiana University to help manage COVID-19

A press release from OCRA

“As we continue to respond to COVID-19, communications and collaboration are the keys to success,” said Matt Crouch, interim executive director of OCRA. “I’m excited to build our network with Indiana University and further learn from our communities about how they are coping with COVID-19.”

Based on local health assessment data, community health improvement plans help communities set SMART goals to meet a range of health objectives, from addressing gaps in services to preventing and treating chronic conditions. These plans, which are specific, measurable, achievable, relevant and time-bound, maximize existing resources and networks and also include interventions that also address root causes beyond the immediate needs.

“Every rural community is different, and each brings its own strengths and challenges,” said Dr. Priscilla Barnes, associate professor in the IU School of Public Health and lead researcher on the project. “Rural health partnerships and coalitions have been quick to adapt to the daily changing landscape of public health. Response to unexpected crises is the invisible thread that connects with the existing health priorities, and these plans and their implementation will address both emergent needs and long-term priorities.”

In Daviess County, residents developed a CHIP in partnership with IU, and the support from OCRA will help them adapt their plan and deploy a response to immediate and emerging needs related to COVID-19. In Decatur County, this initiative will establish a new CHIP that addresses COVID-19 needs and plans for long-term health initiatives.

The local networks that inform the CHIP development and implementation are composed of diverse organizations, including representations from health, education, business and the nonprofit sectors.

“This collaboration with OCRA and our community partners launches transformative possibilities for the health of our rural communities,” said Kerry Thomson, executive director of the IU Center for Rural Engagement. “By leveraging local and university resources, we can effectively address major health challenges like COVID-19 as well as increase access to care and mental health services that builds our resilience for the future.”

About the Center for Rural Engagement

The IU Center for Rural Engagement improves the lives of Hoosiers through collaborative initiatives that discover and deploy scalable and flexible solutions to common challenges facing rural communities. Working in full-spectrum community innovation through research, community-engaged teaching and student service, the center builds vision, harnesses assets and cultivates sustainable leadership structures within the communities with which it engages to ensure long-term success.

About the School of Public Health-Bloomington

The Indiana University School of Public Health-Bloomington offers top-ranked academic programs that prepare students for challenging careers preventing disease and promoting wellness in communities everywhere. Unique in the nation, our multidisciplinary programs, history of engagement, and emerging strengths bring new energy to the traditional concept of a school of public health. Our innovative research is grounded in rigor, reproducibility, and transparency. With nearly 3,000 undergraduate and graduate students and more than 150 faculty in five departments, our faculty and students conduct research, learn, teach, and engage across the spectrum of health and quality of life.

Franklin County’s COVID-19 positive cases increase by more than 30 percent in last two weeks

By John Estridge

Franklin County’s positive COVID-19 cases have increased more than 10 percent since Tuesday, July 21, and more than 30 percent in the last two weeks.

At the Franklin County Health Board meeting Tuesday, July 21, Franklin County Health Nurse Angie Ruther reported the county had 153 cases at that time.

As of 2 p.m., Monday, July 27, the Indiana Department of Health reported the county has 173 positive cases. That is an increase of 20 in less than a week. And according to Ruther’s figures from the meeting last week, that means there have been 47 new cases since July 1 and 38 new cases in the last two weeks.

That is an increase of more than 30 percent in two weeks.

The Indiana State Department of Health (IDH) is the entity tracking the virus; thus, the local health department does not have any figures on if there are hot spots within the county.

These figures come at a time when the school system is readying its school reopening plan to begin next week. High school athletics are also ready to begin with girls’ golf starting its competition on Monday, Aug. 3, at the Richmond Invitational.

The Franklin County Community School Corporation Board of Trustees is having a special meeting at 2 p.m., Wednesday, July 29. Part of the agenda is to discuss proposed amendments to the reopening plan.

Eight people have died in FC from the virus. At the July 21 meeting, Ruther said two of the new cases at that time were in critical condition and a third was in the hospital. A 5-year-old also tested positive. The local health department did not release information concerning the 20 new cases this week.

When the IDH started reporting figures on the virus, Ripley, Decatur and Franklin counties were determined to be the hottest spot percentage wise in the entire Midwest.

News concerning several current and planned highway projects in or near FC

By John Estridge

There are several state highway, interstate and U.S. highway projects ongoing in the Franklin County area that are just completed and planned to be tweaked or planned for the near future.

This is from the Indiana Department of Transportation concerning projects in and around Franklin County. The big news for the Brookville/Metamora area is the construction on U.S. 52 is quickly wrapping up and detours on county roads not meant to carry traffic going 60-70 mph (Duck Creek, McGuire Ridge, Yellow Bank and Bushy among others) will be a thing of the past come mid August.

Here are the list of projects and planned projects:

  • US 52 slide repair West of Brookville: The project is currently expected to wrap-up in mid-August, weather permitting, and U.S. 52 will reopen at that time. Once the soil nail work is complete, crews will pave the area and install guardrail. It is possible that pavement markings will be applied under lane closures with flagging after the road reopens. The cost of the project is approximately $2 million.
  • Ind. 1/US 52 bridge painting (Indiana 1 over Whitewater River, US 52 over Big Cedar Creek): These projects are scheduled to start in early September due to birds nesting under the bridges and will wrap up later this fall.
  • US 52 small structures near New Trenton: Both of these structures are complete other than some clean-up and small tasks to finish up. The road reopened in late June. We’ve had some reports of “dips” in the road near these structures. They will be remedied when US 52 is resurfaced later this year. “Rough Pavement” signage has also been placed to alert drivers until the resurface project takes place.
  • Ind. 252 resurface (Whitewater Bridge to District line): This project will begin next spring. The contract was recently awarded to Paul H. Rohe Company.
  • US 52 resurface (Ind. 1 to I-74): US 52 will be resurfaced later this summer. A shortage of HMA (hot mix asphalt) materials has pushed back the start date. It is still expected to be finished by the end of construction season at this time.
  • Ind. 101 resurface (Ind. 1 to 0.13 miles N of Ind. 1): This is a smaller resurface project that will be completed this fall. The contract was awarded to Paul H. Rohe Company.
  • Ind. 252 slide repair: A slide repair project will be completed in early spring 2021. It is planned to be complete prior to the Ind. 252 resurface project, but the contractor will work around the slide area if needed.
  • Interstate-74 resurface (Ind. 101 to Ohio state line): Crews are currently working eastbound. The project is scheduled to be complete in October.

Source: Natalie Garrett, public relations director, Southeast District Indiana Department of Transportation

An update on Ohio River search: Body of missing man found in Ohio River

Indiana Conservation Officers have recovered the body of the man who went missing in the Ohio River Saturday night, July 25.

 The body of Harold Snook, 52, of Crestwood, Kentucky, was recovered today at 8:32 a.m., Monday, July 27, approximately a half-mile south of where he went missing.

 The incident is still under investigation.

  The incident is still under investigation. 

Source: Indiana Conservation Officer Jim Hash, DNR Law Enforcement.

Unfortunately, Conservation Officers were busy across the state this past weekend and week

People in the Whitewater Valley are blessed with natural beauty all around them. This draws people to the area to partake in the recreational opportunities this beauty offers. And as such, many of the valley’s residents understand, better than most, the inherent dangers that are also prevalent.

This is a group of press releases from the Indiana Conservation Officers.

Juvenile recovered from Raccoon Lake (Parke County)

The body of a 3-year-old child was recovered Sunday evening, July 26, after going missing near the beach at Raccoon Lake. 

At approximately 3:50 p.m., Indiana Conservation Officers were dispatched to the beachfront area of Raccoon Lake in reference to a 3-year-old that had wandered off from his family.

At 4:54 p.m., a visitor located the child in six to seven feet of water just outside of the beach area.

The child was transported to Hendricks Regional Hospital where he was pronounced deceased.

The incident is still under investigation by Indiana Conservation Officers. 

Responding agencies include: Indiana Conservation Officers, Parke County Sheriff’s Department, Indiana State Police, Bellmore Fire Department, and Parke County EMS.

ORV accident claims life of Vincennes man

Indiana Conservation Officers are investigating an off-road vehicle (ORV) accident that occurred Friday, July 25, killing a Knox County, Indiana, man.

Knox County Central Dispatch received a 911 call at 11:23 p.m. on July 25th, about an ORV accident on Deer Trail north of Lafferty Road in Vincennes.

An initial investigation showed that a side-by-side ORV driven by William Keith Webb, 56, of Vincennes, was traveling northbound on Deer Trail when it left the gravel drive and overturned.  Webb was ejected and pinned beneath the vehicle.  

Webb was transported by ambulance to Good Samaritan Hospital where he was pronounced dead.  An autopsy will be scheduled early this week.  The investigation is still ongoing.

Helmets and protective riding gear were not being worn at the time of the accident. Indiana Conservation Officers recommend using all available safety equipment. For more information on ORV safety, see offroad-ed.com/indiana

Assisting agencies from included Knox County EMS, Vincennes Township Fire Department, Johnson Township Fire Department, Knox County Coroner’s office, Knox County Sheriff’s Office, and Indiana State Police.

Search underway for drowning victim in Ohio River (Clark County)

(Charlestown, Ind.) Indiana Conservation Officers are conducting a search for a drowning victim in the Ohio River near Fourteen Mile Creek in Charlestown.

 Around 8:30 p.m. Saturday, July 25, Indiana Conservation Officers, along with units from the Louisville Metro Police Water Patrol, Clark County Sheriff’s Department, and Charlestown Fire Department responded to the call of a person in the water.

 Responders utilized various sonar units and boat searches in the area where the victim was last seen.  The search continued until late Saturday, and resumed Sunday, July 26.

Bodies found after a search for two people swept away in White River (Lawrence County)

Indiana Conservation Officers are confirming the recovery of two bodies from the White River in Lawrence County. 

 At approximately 12:14 p.m., July 22, the body of Cung Hu, 38, of Indianapolis, was located approximately 0.5 miles south of the Williams Dam. 

 At approximately 6:47 p.m., Conservation Officers located the second body, Hrang Mang, 42, of Indianapolis. 

 Family notifications have been made.  This incident is still under investigation.

Background: Indiana Conservation Officers are currently searching for two men who were swept away in the White River near Williams Dam.

 Conservation Officers along with members of the Lawrence County Sheriff’s Department responded to the East Fork of the White River just downstream of Williams Dam at approximately 10:00 a.m. this morning. Witnesses reported seeing two males attempting to wade across the main river channel to an island, before being swept away by the current.

Indy man charged with impersonating conservation officer

An Indianapolis man has been charged in Hendricks County with one felony charge of Impersonating a Public Servant/Law Enforcement Officer after a lengthy investigation was conducted by Indiana Conservation Officers.

Tyler Westell, 30, of Indianapolis, turned himself in to the Hendricks County Jail on July 21, before an arrest warrant was served.  

The case originated in early November 2019 when a hunter reported to DNR Law Enforcement that they were getting harassing texts and calls from a person claiming to be a high-ranking Indiana Conservation Officer. 

Westell was identified as the suspect after search warrants were served pertaining to cellular services and social media accounts, and after investigators were able to listen to ongoing phone calls. 

All charges are merely accusations and defendants are presumed innocent until proven guilty.

Sources: Media contacts: Indiana Conservation Officer Max Winchell, DNR Law Enforcement. ICO David Moss, DNR Law Enforcement.  Indiana Conservation Officer Jim Hash, DNR Law Enforcement.

Does Gov. Holcomb’s executive order on masks preclude the playing of football, basketball and wrestling in Indiana?

By John Estridge

I’m just throwing this out there.

In reading Gov. Eric Holcomb’s executive order pertaining to masks, which goes into effect Monday, July 27, it has a list of exemptions from wearing a mask. In those exemptions, it mentions sports.

This is an exemption for exercising and/or engaging in sports.

“Any person while exercising or engaging in a sports activity and who can maintain six feet of social distancing from another person not in the same household”

I’m far from being a scholar, let alone a legal scholar, but reading this as a layman, and I don’t mean to belittle laymen, I would think those playing football, basketball and wrestling, to name three off the top of my head, would not fit this exemption. And I cannot think that anyone playing those sports would be able to breathe properly wearing a mask, especially football in the hot August/September temperatures.

Do others have any idea on this?