Agenda Mar 12 2024 Election Board Meeting

Audio of the Meeting 

Link: https://independentvotersofbrowncountyin.com/wp-content/uploads/2024/03/audio-election-board-240312.mp3

• • Audior 2:20 mark:  Citation specifying that the School determines the timing (May or Nov) for a Referendum. Ref:  IC-20-46-1.14  Section A – Date of Referendum
  • BCS Referendum Documents Submitted to the Election Board
• Early Voting: (Audio 5:30)
  • Begins April 9, 2024. Location, Dates and Time:
    • Eagle Park – 1749 State Road 46E
    • Mon-Fri: 8:30 am to 3:30 pm; 2 Saturdays preceding election: 9am to 1 pm.

Voting Locations:  (Audi 6:30)

1. Hamblen 1: Sprunica Baptist Church, 3902 Sprunica Road
2. Hamblen 2: Hickory Ridge Community Center, 2314 Hickory Ridge Lane
3. Hamblen 3: Church of the Lakes, 8844 Nineveh Road
4. Jackson 1 and 2: Fruitdale Volunteer Fire Department, 5200 State Road 135 (Bean Blossom)
5. Jackson 3 and 4: Jackson Township Volunteer Fire Department, 4831 Helmsburg Road
6. Van Buren: Southern Brown Volunteer Fire Department, 4040 State Road 135 South
7. Washington 1: The Pentecostals, 60 Mt. Liberty Road (corner of Mt. Liberty and State Road 46 East)
8. Washington 3: New Life Community Church, 1450 State Road 135 North
9. Washington 2: Parkview Church of the Nazarene, 1750 State Road 46 East (inside the church, not the Family Life Building)

This post at Brown County Matters.

Mar 9, 2024.  Access to Indiana’s Public Access Counselor (PAC) is among the few options citizens have to hold our elected officials accountable for complying with Indiana’s Open Meeting Laws. I have had to use the PAC on several occasions in order to get copies of public documents.

The other option is for voters to be more vigilant and not elect officials who may be ethically and morally challenged. Power can be an addicting drug for individuals who have never been in positions where they had much if any, power to affect the lives of others. We may have some power addicts (non-compliance with open meeting laws) in responsible positions.

The Basics.  Discussing issues (working sessions) that may lead to decisions must be discussed in public meetings. Decisions have to be made at a public meeting.  Elected officials can have an Executive Session where sensitive topics are discussed, and these meetings are closed to the public. Executive Sessions also have to be advertised, and topics are restricted by statute. Elected officials can have “administrative meetings” to discuss the more mundane matters.

Transparency. I have used the PAC frequently in order to get copies of information that is available to the public. It can take up to two months just to get a copy of a memo or other information that would take just minutes to provide. The lack of transparency can be an effective strategy for keeping citizens uninformed and ignorant of pending issues and decisions that can be “fast-tracked” before the public has time to react.

• • Part 5 Indian Hill – The Final Season – maybe

Mar 6, 2024. Republicans push through limits on Indiana access counselor’s authority, by Tom Davis, State Affairs

Mar 14, 2023.  Indiana’s public access counselor on law enforcement, school curriculum and why government is messy, By Ryan Martin, State Affairs

Information:

• • Indiana – Public Access Counselor Handbook 

Bicycle Safety –  Risk Mitigation. Signs and Installation at no cost to the county. Will make it safer for residents and visitors.     

Mar 9, 2024. This post and Comments at Brown County Matters.

• • Disclosure and Transparency – My position.  I am a candidate for Commissioner (R), District 3, May 7 Primary, Early Voting April 9.
    • When my older son started riding, I gained an appreciation for bike riders in the county. He started with the mountain bike trails in the park and then added road rides—paved and gravel—to his inventory.
    • He usually rides with groups throughout the state including Brown County. He has also participated in Rides in other states including Kentucky, Iowa, Wisconsin, and Texas.
    • In the Ride Across Iowa for example, towns compete to be added to the route and roll out the red carpet – It’s a big deal and a community-building event.
    • The groups obey the laws and are vigilant in anticipating dangers from speeding, angry drivers, and the occasional deer and dog. The number of riders will likely only increase.
    • The technology on the bikes is incredible. And, a Brown County Biking group has volunteered to buy and install signs (Risk Mitigation) to raise awareness to drivers that bicyclists may be up ahead.
    • Bicyclists are attracted to the county for the same reasons that attracted the artists, hikers, and residents —the beauty of our county.

At the March 6, 2024, Commissioner Meeting,  Alyn Brown from Brown County Mountain Biking asked Commissioners for permission to place signs along county roads such as Greasy Creek.  The intent is to make drivers aware that there may be bikers on the road ahead. State Law allows two bikers to ride side by side.  Mike Magnor of the highway department objected to the signs citing concerns with safety, site lines, and speeding vehicles. Commissioners postponed a decision until their next meeting so they could gather more information and learn a little more.  Hard to imagine them not approving the signs. Bicycling – mountain, road, gravel, is very popular and Brown County is a desired destination. Bicycling on roads is also supported by state law.

More Information

• • From IU – Bicycle FAQ:
  • Link to Indiana Codes
  • Manual Unit Traffic Devices (MUTD) Bicycle Signage 
  • INDOT – Bicycle & Pedestrian Program
    • Bicycle Indiana 

Audio of the Meeting

Agenda:  03.06.24 Commissioners Agenda (1)

This post at Brown County Matters

Commissioner Meeting, March 6, 2024. 2:00-4:00.

Coroners Office – Contract. The Coroners Office has been nearly completed but the original contract is not on file with the auditor’s office. The contractor has been asked to provide a copy.  Can’t pay an invoice without a legal contract on file.

Temporary (April 4-10) Ordinance allowing special exceptions for the Solar Eclipse allowing for overnight camping and parking. This was approved on a vote of 2 to 1. Pittman and Wolperts yes, Sanders no. Given the expected traffic projections, people may have no choice but to stay overnight in their cars or elsewhere. A few local businesses wanted to leverage the opportunity to offer overnight camping/parking. Individuals can also use the opportunity to offer camping/parking options on their land. County resources for police, fire, medical, other emergency services and ordinance enforcement will be very limited if available at all. Liability will fall on the property owners – not the county. Commissioners did not acknowledge any conflict of interest, e.g., that they were planning on profiting from the ordinance.

• • First Reading of the Ordinance and copies.
  • Brown County Democrat:
    • 2024_03_05 BCD Eclipse Events Around the County
    • 2024_03_05 BCD Solar Eclipse “Look up into the Sky

RDC Appointment. Good timing. I got re-appointed to the Redevelopment Commission. Commissioner Sanders and Pittman voted yes, Wolpert No.   We need a new County Comprehensive Plan that reflects the desires of the entire county and not just the special interests.

Stellar Grant. ($30-50 million available for up to four counties). The county is eligible to apply for a State stellar grant. “This time around”, the projects will have to be those that benefit residents and add to the quality of life. Projects that would qualify would include replacing bricks and windows in the historic courthouse, trails – Salt Creek, bicycles,  bicycle pump track, trail to Deer Run, wastewater projects to support the work needed in Gnaw Bone, and septic system replacements for individuals without access to sewers. Community involvement in project selection is CRITICAL to receiving the grant. The county’s last attempt to apply for a Stellar Grant was rushed, with no community buy-in, little logic on the projects submitted, and no disclosure on the county matching grant-related commitments. Thankfully, we had protestors during the Stellar committee walk-thru that contributed to the county’s non-selection.

READI Grant 2.0 and Affordable Housing. Sue Lindborg of the Housing Partnership, and Habitat for Humanity (and also a member of the RDC), reinforced that receiving grants to fund an affordable housing project would require a more extensive County Comprehensive Plan. She mentioned the town developed an RFP to contract for an update to their plan and suggested the county develop an RFP for a plan as well.   Note that the Office of Community and Rural Affairs (OCRA) funds a grant up to 60K for the development of a plan.

• • READI Grant 2.0
  • Comprehensive Plan for Brown County and Town of Nashville

Minimum Standard. The current plan meets the minimum standards and is so vague (11 pages) , that you could make good arguments for or against a project. This created the perception that if you had the right connections, you could get your project approved. And, there has been resistance to updating the plan. I worked on the requirements for a 50K grant back in 2017/2018 – no interest. The Area Plan Commission should have the lead on behalf of the commissioners. Updating the plan requires public meetings.

Bottom-Up. And, the plan shapes the culture of the county. Citizens can identify what they want and do not want in terms of ZONING and DEVELOPMENT. A bottom-up approach would allow citizens to have input for what they want in their area as well as for the county overall. Helmsburg developed its own economic development plan and a 501c3 to control development in their area.

Bicycle Signs.  Signs and Installation at no cost to the county. Alyn Brown from Brown County Mountain Biking asked Commissioners for permission to place signs along county roads such as Greasy Creek.  The intent is to make drivers aware that there may be bikers on the road ahead. State Law allows two bikers to ride side by side.  Mike Magnor of the highway department objected to the signs citing concerns with safety, site lines, and speeding vehicles. Commissioners postponed a decision until their next meeting.  Hard to imagine them not approving the signs. Bicycling – mountain, road, gravel, is very popular and Brown County is a desired destination. Bicycling on roads is also supported by state law.

• • Summary from IU – Bicycle FAQ: : https://transportation.indiana.edu/bicycles/faq.html

• • Link to Indiana Codes: https://law.justia.com/codes/indiana/2012/title9/article21/chapter11

• • Manual Unit Traffic Devices (MUTD) Bicycle Signage https://mutcd.fhwa.dot.gov/htm/2009/part9/part9b.htm

This post at Brown County Matters

“2016” Referendum. I came across a letter I wrote in 2016 published in the Democrat in response to then Superintendent David Shaffer’s article explaining the need for additional revenue.

His reference in citing a loss in revenue due to “declining enrollments and affordable housing” led to my interest in researching the issues and root causes that are “systemic.” This led to published research on our economic base. Better methods for addressing the issues are needed. Enrollment has continued to decline and affordable housing is still a challenge.

A good argument also requires a response to the counter-arguments. This can be facilitated through public forums.

Submitted to the Democrat on Jan 29, 2016.

School referendum – additional options?

I applaud the success of the Brown County schools in achieving “A” ratings from the state Department of Education and especially the success that the We the People team has had at state and national competitions.

In his article: “Referendum needed to maintain assets,” Superintendent David Shaffer of Brown Country Schools made a compelling case for justifying a referendum. Key points in the article included the following: (1) The school funding formula from the state is inadequate; (2) Maintaining current quality standards and expanding and enhancing programs at projected budget levels is not possible without new funding from the local taxpayers; (3) School funding is linked to enrollment and enrollment has been declining; and (4) Declining enrollment is likely due to the lack of affordable available housing and competitive-paying jobs that attract young families.

A successful referendum may represent an immediate and near-term budget fix but may not adequately address the systemic issues regarding the adequacy of state education funding or less funding due to declining student enrollments.

Consequently, without changes in how the state funds education or a successful community strategy that results in stabilizing or increasing student enrollments, property tax increases through the referendum process could likely be a recurring solution for balancing the budget.  Community support for relying on referendums may not be sustainable in the long term.

An additional strategy could include developing innovative solutions to maintain high standards while operating within available budgets without resorting to future tax increases.

Tim Clark

Background

• • Last fall, the commissioners chose not to support a “proclamation”  promoting Brown County as a destination for viewing the Solar Eclipse.
  • Earlier this month, Commissioner Wolpert with the support of Commissioner Pittman proposed a new ordinance to support citizens and local businesses who want to rent out their property for overnight camping and parking.  This is expected to bring in even more visitors to the county. Commissioner Sanders took the lead in surveying local emergency and safety personnel to identify risks.

Summary: The eclipse is expected on April 8, 2024.  Surrounding counties that include Monroe and Bartholomew are expecting large crowds as is Brown County State Park.

April 4 – April 10. A temporary ordinance will allow for Overnight Camping and Parking throughout the county from 12:00 a.m. (midnight) EST on April 4, 2024, and will end at 11:59 p.m. (noon) on  April 10, 2024. An ordinance requires two readings (meetings). This was the first, the second will be Mar 6, 2024, at 2:00 p.m.

Risks and Liability. Individuals renting out their land will be responsible for complying with the conditions stated in the temporary ordinance and collecting all relevant taxes. All the liability will rest on the property owners. The risks will include limited (if any) support for emergency services to include medical, fire, and police.

Noise – Nuisance on Neighbors. There is no county noise ordinance and any disputes will have to be handled by the affected property owners.

Ordinance Enforcement. The County will have limited if any resources, to enforce the ordinance.

Risk Assessment.  Commissioner Sanders has been working with the EMA director, the Sheriff’s Office, and emergency personnel to help identify the risks to county citizens. The county EMA Director Chad Jenkins has developed a risk assessment on threats, hazards, and associated risks:

• • Facebook Post – Brown County Matters
  • Report: 2024 TSE Risk 012624

Emergency Services.  Given the volume of people expected in Brown and the surrounding counties, emergency services – sheriff’s office, fire, and medical will be extremely limited. The priority for state resources will be the larger counties.

Emergency Bridge Repair – Bridge 122, Mt. Liberty Road. Approval for emergency repairs – replace beams. Accelerate bidding process. (27:00 on audio). Part 2 – Approval for 20K contract (engineer study)  to USI to prepare bid documents.

Supporting Information:

• • Audio of the meeting.
  • Agenda Commissioners Meeting
  • Proposed Temporary Ordinance to Allow Overnight Camping and Parking
    • 410 IAC 6-71 Campgrounds
  • Area Plan Commission – Support for the Ordinance  

Updated Mar 10, 2026

In-process:  BC Indian Hill Road Grant Application w-certificate 9-23-2024

Jan 10, 2025. Indian Hill not selected for the grant. Reference:  FY23-24 Railroad Crossing Elimination (RCE) Grant Program Selections

Sep 2, 2025. Signed INDOT Indian Hill Road Letter (edits 09-02-25)

• Regarding a petition for a bike/pedestrian-only crossing, INDOT does not have jurisdiction over a bike/pedestrian-only crossing. This would be an agreement between The Indiana Rail Road Company and Brown County.

Sep 16, 2024.  INDOT 12-Month Extension_DOT-RR-2494_Indian Hill.Brown County_Signed_9-16-2024

The 12-Month Extension to Cause No DOT-RR-2494 grants an extension of time until September 29, 2025, to commence work on the train-activated warning devices as described in the original Order dated September 29, 2023.

• • Commissioner Meeting Notes:  The county is also applying for a federal grant to help with the costs of re-opening.
  • AUDIO of the Meeting 1:01:57 – Discussion Mike Moga and Kevin Allen

Aug 21, 2024, Good news!  Commissioners agreed to an extension. No action has been taken by the county since INDOT agreed on Sept 29, 2023, to re-open the crossing.  20240820 Extension Request Letter – Indian Hill. The first step needed is an engineering plan to address the changes requested by INDOT. This is followed by finding funding sources. A variety of funding options are available.  

This post at Brown County Matters.  Also shared at Brown County Refreshed. (Updated version of the timeline/analysis – Mar 13, 2024.)

July 2024. New Legislation requiring a public hearing. Changes motivated by the consequences of Brown County “not”  holding a public hearing. 

• • [New – effective 1 July 2024] IC 8-6-7.7-3.2 (e) :
  • (e) A unit and a railroad may agree to close a crossing within the jurisdiction of the unit. The unit must conduct a public hearing before agreeing to the closure of the crossing. Notice of the public hearing must be provided under section 3.5 of this chapter.

As added by P.L.81-1996, SEC.7. Amended by P.L.198-2016, SEC.71; P.L.49-2024, SEC.3.

[New – effective 1 July 2024] IC 8-6-7.7-3.5:

• • IC 8-6-7.7-3.5 Notice of public hearing regarding a proposed public railroad crossing closure
  • Sec. 3.5. The unit (as defined in IC 36-1-2-23) under whose jurisdiction a public railroad crossing lies must provide notice of the public hearing regarding the proposed closure as follows:
    • (1) By publication in two (2) newspapers of general circulation in the unit, published not less than thirty (30) days prior to the public hearing.
    • (2) By certified mail to those property owners who would be considered interested parties under the unit’s rules for providing notice under IC 36-7-4, postmarked not less than thirty (30) days prior to the public hearing.

The closures also cut off access to the Tecumseh Trail for hikers and runners:

• • BACKPACK – The 50 Best Hikes in the U.S. – Indiana Tecumseh Trail. [Editor’s Note: Indiana’s Tecumseh Trail has been closed since May 2020 from State Road 45 to the parking area south of Beanblossom Creek. The trail is bisected by a railroad crossing. Hikers who cross the tracks or divert to an adjacent road will be trespassing. The Knobstone Hiking Trail Association is working on a solution to reopen the trail.
  •  OUTDOOR BRIEFS: Tecumseh Trail Challenge this weekend. The route no longer includes the Indian Hill section. 

  TIMELINE – KEY EVENTS

• • 2024_03_13 Remember Indian Hill Closure-Rebuttal-Analysis

    • A detailed analysis of the timelines and supporting documentation regarding the lack of a public hearing, a likely violation of open meeting laws, questionable legal advice, and misleading statements by elected and appointed officials.

  • Part 4: Closure RR Xing, Indian Hill Rd – Petition to Re-Open

    • Sep 29, 2023. INDOT Response to the petition to re-open.  INDOT returned the crossing to the county and approved re-opening based on several (14) conditions.  

      • INDOT-RR-2494_Indian Hill.Final (signed)
      • INDOT Exhibits A and B, DOT-RR-2494

CURRENT EVENTS

Background

Sep 29, “2023.” INDOT accepted the county’s petition to re-open with certain conditions.  INDOT needs to review and approve the county’s engineering plan for the crossing.  An exception (long shot) could be that the county’s decision to close the crossing is vacated because of the impropriety of the process to close. The assumption is that the crossing could be re-opened without any major changes.

• • INDOT-RR-2494_Indian Hill.Final (signed)
  • INDOT Exhibits A and B, DOT-RR-2494

Jan 17, 2024. Commissioner Meeting. Indian Hill Re-Opening.  Jerry Pittman – Keywords: “still alive, major obstacles, costs and source of funding unknown, logistical considerations in meeting state specs, almost impossible, may have to buy land, may impact Bean Blossom Creek which is controlled by DNR, not sure where this will end up at this time, whatever happens, commissioners made a good effort, more to follow. ”

• • 1:45:15 Audio – Indian Hill Update – Jerry Pittman – Lenght 1:27
  • Councilman Rudd concurred with Pittman’s summary.
  • The decision to close – Part 1: Closure – Railroad Crossing – Indian Hill Rd

Feb 22, 2024. I submitted a formal request to INDOT – Rail Program Office for information on the status of the project.  Brown County has not submitted a plan for review.

• • Per INDOT response, Item “I” states “The work on the train-activated warning devices will commence within twelve (12) months of the date of this Order unless an extension of time is requested by the Petitioner and approved by the INDOT Rail Programs Office.”
  • Item “J” states “The road construction can commence as soon as the road plans are approved by INDOT.”

Feb 27, 2024.  The county has no documented agreement with an engineering firm to develop a plan. There have been no invoices submitted for any work done. (Note: Any Pro Bono work would need to be disclosed.)

Feb 29, 2024. Commissioner meeting.

• • At today’s commissioner meeting, Mike Magnor requested and received approval for an “emergency” bridge repair.  This included approval for a 20K plan and specs that are needed to bid the work. Milke (Highway Department) has the money to fund the 20K.
  • Why hasn’t the county or the highway department funded a road plan for Indian Hill?

Mar 20, 2024. Joint Meeting (working session) Commissioners and Council – Indian Hill.

• • Indian Hill Road and Railroad Crossing.   Commissioner Pittman confirmed that he had no intention of re-opening the crossing and road.  He stated that it would be too expensive. His estimates ranged widely regarding the cost of a plan and the work required.  No county money has been spent on a plan or an engineering estimate. Without this information, you cannot identify the cost. Without the cost, you cannot start identifying the funds needed and possible funding sources.  

Letters of Support included in the successful petition to INDOT to re-open. Link to the Petition and supporting documentation.

May 7, 2024 Primary Election. 

• • District 3. Scott Rudd (R), councilman at large.  
  • Tim J. Clark (R) Commissioners – My position – Re-open, submit plan, identify funding sources

May 14, 2023. I contacted INDOT. There has been no change. The county has not initiated actions to re-open the crossing.  

Agenda Commissioner Meeting Feb 21, 2024  

Audio of the Meeting

Commissioner Meeting Notes – Feb 21, 2024. Short and sweet –  about an hour

o.  Commissioners approved new job descriptions for the highway superintendent and an assistant superintendent.   The council voted at their Jan meeting not to fund an assistant supervisory position.

o.  A new (and needed) policy on managing grants was approved.

o. Solar Eclipse.  A draft of a temporary change to the zoning ordinance was proposed to allow individuals and businesses to support overnight camping.  Mike Moga – Barnes and Thornburg, to review. Temporary Ordinance – Overnight Camping

Comments included:

• • Pros – an opportunity for individuals and businesses to make money and collect taxes
  • Cons – Overtaxed resources, impact on neighboring properties

Our EMA Director, Chad Jenkins published an assessment on the event: “Total Solar Eclipse Event, (TSE) 2024 Threat and Hazard Analysis with Risk Assessment”

• • 2024 TSE Risk 012624)