All posts by Tim J. Clark

Part 3. Closure RR Xing, Indian Hill Rd

rr cross bucks

Updated June 1, 2023  

 Additional Background Information

Apr 27, 2023. Commissioners to pursue petition for reopening of railroad crossing; Council member makes presentation; state officials have voiced support By Corbin Parmer

April 19, 2023 Commissioner Meeting Notes.

    • Motion by Commissioners to Pursue a Petition to INDOT. Pittman and Braden voted Yes, Sanders No.  Commissions Sanders also supports re-opening and wants more information from INDOT. He wants to consider legal advice, costs, and risks. He suggested revisiting the issue in 2-weeks and inviting input from the public.
    • The supporting statute regarding the public hearing is IC 8-6.7. – 3.2a section E. If an agreement is reached between the commissioners and the RR, no public hearing was required.

Clarification.  Public Hearing.  Commissioner Pittman acknowledged that a public hearing should have been held.  However, per the advice of the county attorney, the attorney believed that a public hearing was not required per statute: IC 8-6.7.– 3.2a section e.Notwithstanding subsections (a) through (d), a unit and a railroad may agree to close a crossing within the jurisdiction of the unit. “

Another Opinion – OpenAI – ChatGPT:  Commissioners were advised that a public hearing was not required under IC 8-6-7.7, -3.2a, section (e): “Notwithstanding subsections (a) through (d), a unit and a railroad may agree to close a crossing within the jurisdiction of the unit. “

I posed the question to Open AI / ChatGPT to get another opinion (There was no emergency cited by the commissioners) 😉 The response:
    • Indiana Code IC 8-6-7.7-3.1 – 3.2a section e provides an exception to the requirement of a public hearing for closing a railroad crossing if the crossing is being closed for emergency reasons. Therefore, a possible legal argument for not holding a public hearing to close a railroad crossing under this section would be that the closure is necessary for emergency reasons.
    • The term “emergency reasons” is not defined in the statute, so it could be argued that the term should be given a broad interpretation that encompasses any situation where the closure is necessary to prevent harm or protect public safety. For example, if a railroad crossing has suffered extensive damage due to a natural disaster or accident and is in imminent danger of collapsing or causing harm, it may be argued that the closure is necessary for emergency reasons and that a public hearing would only delay the closure and increase the risk of harm.
    • However, it is important to note that the exception for emergency reasons is intended to be used in limited circumstances and should not be used as a means to avoid the public hearing requirement in situations where it is not necessary. Any argument based on the emergency exception should be made in good faith and supported by evidence demonstrating the need for immediate action to protect public safety or prevent harm.
    • I generated 3 additional responses to the same question. Does not appear to be a good legal requirement for not having a public hearing.  OpenAI ChatGPT Public Hearing – RR Crossing Closing

April 5, 2023. Commissioner Meeting Notes.

    • Indian Hill Railroad Crossing.  No current updates. Commissioners acknowledged that a public hearing was required. This has not been disputed by the county’s legal counsel.Commissioners support opening up the crossing to pedestrians but not vehicles.  The highway superintendent is reviewing the adequacy of the “slab.”  that is used to cross the creek.  Estimates for changes to the crossing to current standards are estimated at 1.5 to 2 million.  See Audio: 1:07 – 1:11Note:  Without a public hearing, the decision to close the crossing was not valid.  Consequently, the county can re-claim the right-of-way and allow for a pedestrian crossing. They could then hold a public hearing to help determine if the crossing should remain closed to vehicles.  There have been no facts presented regarding safety-related incidences at the crossing.

Mar 23, 2023State rep shows support for trail reopening, says ‘Willing to help in any way’ by  Abigail  Youmans

    • Sanders said on March 1 that he’d like to see state representatives come to them and explain how reopening the railroad could be funded. … On March 15, that state-level support was shown for reopening the crossing when State Representative Matt Pierce (D-Dist. 61) addressed commissioners. … Pierce addressed commissioners saying he and other legislators — in the house and senate — wanted to help reopen the crossing.
    • Pierce said last week that those that questioned the need for a $140,000 crossing are right, that it is not necessary.
    • Post of the article and comments at Brown County Matters. Time to do the right thing yet? A public hearing was required by law for the county to vacate an “ally.” No public hearing was held to vacate the railroad crossing on Indian Hill Road. State legislatures have offered to provide the support needed to open up the crossing. Commissioner Pittman acknowledged that the commissioners made a mistake in not holding a public hearing. Justifications for closing and keeping the crossing closed have been based on opinion and hyperbole – facts and statutes are or were ever referenced to support the decision. What was the benefit to the county of closing the crossing?

Mar 15, 2023Commissioner Meeting Notes: Wed, March 15, 2023

    • Indian Hill RR Crossing. Includes a statement of support from Matt  Matt Pierce, Indiana House of Representatives on re-opening the trail to pedestrian traffic.

Mar 1, 2023Commissioner Meeting Notes, Mar 1, 2023.

    • Indian Hill RR Crossing. Commissioners acknowledged that a mistake was made and a public hearing was required.

Oct 19, 2022. A NEW DIRECTION: Commissioners exploring alternative Tecumseh Trail route  For more than two years, hikers traversing the Tecumseh Trail have had to stray from the original path due to a closure at the Indian Hill Road railroad crossing. ….

Post of the article at Brown County Matters: by Tim J. Clark.

    • The alternate trail is a distraction, poses more risk to hikers, and delays opening the Tecumseh trail to pedestrian traffic.
    • FACTS: Like Stark County, Brown County Commissioners could have denied Indiana Rail Road’s request to close the crossing and pedestrian trail. The State would have supported the county’s decision.
    • A public hearing was not held to discuss the closing and no legal statute has been cited by the County attorneys to justify not having a public hearing on the closing. Further, the commissioners have not published a documented legal opinion by the county attorneys regarding the requirements cited by the Railroad for opening the crossing to pedestrian traffic.
      • Minutes_Starke_County_Commissioners_Meeting-07-18-22 FINAL.In 2nd paragraph of section titled “Highway Monthly Report:  “……. Commissioner Gourley asked if Superintendent Dipert has requested any new information about the railroad crossing request. Superintendent Dipert advised he did talk to him and the offer is still at $60,000 plus the grant from INDOT. Commissioner Gourley advised given the feedback he will make a motion to reject the request to close the crossing on 225 S. Commissioner Cavender seconded the motion and the motion was approved with all ayes. ….”
    • Advocacy. Commissioner Biddle has been the advocate for closing the crossing and pedestrian crossing with support from the other two commissioners and Indiana Rail Road. Tony Abbott of the Trail Association has made the case that the crossing can be opened for pedestrian traffic at a minimal cost. Commissioner Pittam stated he would support this option and has since backed down from his support?
    • Commissioner Biddle’s second term as commissioner ends this year and a new commissioner may be more open to identifying the best options going forward.
    • There has also been no evidence presented of accidents or near misses concerning the overall safety of the crossing. Context and background information on the closing is provided in the following post.

Oct 8, 2022. Commissioner Meeting Notes of Oct 5, 2022. — Additional information”

  • Oct 5, 2022. Commissioner Meeting Notes.  Commissioners agreed (prior to the meeting) to support a new route developed by the Hoosier Hiker Council that would NOT require access to Indiana Hill Road. The Hoosier Hiker Council has not provided any input at the commissioner’s meetings on this topic.  They have identified the risks to safety: “Note that the reroute involves a one-mile walk on State Road 45 from West Lost Branch Road to the Sycamore Land Trust parking lot for Trevlac Bluffs. SR 45 is a busy highway with little to no shoulder, so walk at your own risk or get a shuttle.”
    • AUDIO – Discussion Begins at the 40:40 mark
      1. Tecumseh discussion by Commissioners begins at around 00:40:40.
      2. R. Pflueger discussion begins at 00:45:23.
      3. Tim Clark comments begin at 01:04:43.
      4. Maddison Miller comments begin at 01:11:40.
      5. End of Tecumseh discussion at 01:17:30.
    • Commissioners minutes 10-5-22 – prepared by the Auditor’s Office
    • Note: Commissioner Biddle has acknowledged that her brother works for the RailRoad.
      She also misrepresented KHTAs development and the presentation of an amendment allowing for a pedestrian crossing. Commissioner Pittman expressed his support for a pedestrian crossing and stated that county’s legal council would be reviewing/drafting any final amendment. (See Aug 3, 2022 Commissioner Meeting Notes.
  • Sep 7, 2022. Commissioner Meeting. The status of opening the trail for pedestrians is still under discussion with the county attorneys, KHTA, and the RR.
    • AUDIO: Jerry Pittman, and county attorney Mike Moga -beginning at ~00:41:54 and ending at ~00:43:07.
  • Sep 5, 2022. Update – Accidents and Train Speed

Aug 26, 2022.  Follow-up information – requirements regarding pedestrian crossings – RR Signs/Signals:  Facebook Post – Brown County Matters

      • PART 8 – TRAFFIC CONTROL FOR RAILROAD AND LIGHT RAIL TRANSIT GRADE CROSSINGS.
      • Morton Marcus: Railing about rail crossings.
        • On May 26, 2022, the Norfolk Southern Railroad called the Starke County Highway superintendent about closing a rail crossing. The railroad then sent a letter – a petition – to the county commissioners who were advised by the County Attorney to hold a public meeting which took place on July 5th. The overwhelming response from Starke County citizens was against closure. Ten days later the Commissioners denied the petition. Matter closed, not the crossing.
        • Compare that with a similar situation in Brown County. The Indiana Railroad Company petitioned on May 20, 2019, the county commissioners to close the crossing at Indian Hill Road near Trevlac.
        • The commissioners approved the petition on May 6, 2020, despite the fact the law requires a public hearing. Without that public hearing, the Commissioners did not know their decision cut the popular Tecumseh Trail in two.

Aug 19, 2022. Creek Crossing – Concrete SlabPhoto taken on 19th. Zoom to verify no additional barricades. Check recorded dialogue and transcript of the commissioner meeting (Aug 17) at 00:30:00 to verify Mike Magner’s statements as to new barricades.

Indian Hill Rd Creek Crossing Concrete Slab

Aug 17, 2022. Commissioner meeting – Notes from Transcript

    • 00:28:30 Jerry Pittman (JP) Moving on to other business — the Indian Hill proposal.
    • 00:28:38 Diana Biddle (DB) DB Asks for Mike Moga  (MM) discussion of RR quotation.
    • 00:28:45 Mike Moga: Moga states RR has agreed to “allow” BC to open a pedestrian/bicycle crossing. The RR sent a cost estimate based on FRA (Federal RR Administration) requirements. Moga states that something — perhaps the requirements or the elements of estimate — are required by law (reference? )   “We (BC) would like to discuss estimate at this meeting, to determine how we will pay for it and what our next move will be.”
    • 00:30:20 ff: Auditor: “I have contacted the insurance company on the insurance question but have not heard back yet.
    • 00:30:50 ff: DB: The RR wants to know that we (BC) actually have insurance.
    • 00:33:30 ff: DB: “… You’re looking at a fully engineered … that’s what has to be done according to Federal standards.”
    • 00:33:55 ff Mike Moga: “I am told by the RR that the arm/guard warning is something that is in RR inventory; we can expect a discount …”
    • 00:34:20 ff DB: Reminds us that RR wanted another crossing closed if DOT# 292 193F were to be opened. Now that is off the table!
    • 00:34:45 ff DB: (had pre 7:30 am conversation with Darren Bridges) “BC can’t pay for all. Perhaps DNR — they have an interest. HHC might hold a fundraiser. Need to determine how much BC will need to put into the pot.”
    • 00:36:00 ff: DB states slab no longer viable. Mike Magnor (MM) states he just barricaded the slab. Biddle checks him — he says yes. DB continues stating slab “… was already cracked and in three or four pieces …”.
    • 00:36:40 ff: Tony Abbott begins rebuttal.
    •  00:56:15 ff: Tony concludes the presentation and asks for questions.
    • 00:56:18 ff: Jerry Pittman agrees with Tony.
    • 00:57:00 ff: Auditor chimes in: “…the RR owns the property. If you’re going to do it, you’re going to do it their way!”   Tony rebuts. 
    • 00:58:45 ff: DB launches discussion of what would have happened if BC had denied petition to close crossing, i.e. BC wouldn’t have received direct payment of $3750, and INRD would have appealed to INDOT.
    • 1:00:00 ff: DB launches discussion (based on her assumptions) of track speed versus signal type. goes on to talk about “slow orders”. Tony rebuts.
    • 1:00:30 ff: DB mentions that HHC did not ask for easement when Tecumseh first built. An absurd statement, reflecting that she has no concept of right-of-way. 
    • 1:02:00 ff: DB offers to call Mr. Ray and Mr. McDonald(sp?) — each with INRD — to reach out … Offers that somehow federal standards of crossing signals are required. Tony rebuts re iNDOT and federal standards are the same. DB replies that speed will likely have to be changed.
    • 1:03:25 ff: MM indicated he wants time to review INDOT standards introduced by Tony. MM also wants to look at slab.
    • 1:03:30 ff: MM indicates that foot traffic over slab poses liability for BC.  However local property owner is taking 9000lb loads of hay over slab at that time!
    • 1:05:00 ff: Tony indicates INRD has not responded to letters, Koch invitation, BC meetings.
    • 1:06:00 ff: Jerry Pittman agrees with Tony. Talks Mexico.
    • 1:10:00 ff: DB talks Thailand.
    • Tim Clark speaks for Amendment.
    • 1:14:42 ff: DB I’ll reach out to the railroad, with your (Jerry Pittman’s) approval, and/to see if I can breathe some common sense into …” -Jerry Pittman (interrupts) Please, please, anything you can do would be appreciated … -DB “… It might be easier to do that than letting the lawyers duke it out.”

Aug 17, 2022.  Commissioner Meeting Notes. Audio – Discussion on the Pedestrian Crossing begins at the 28:30 mark. Tony Abbott’s rebuttal at the 36:40 mark. My comments at 1:11.

    • Indiana Hill RR Crossing – Update. The Railroad agreed to open the crossing to pedestrian and bicycle traffic.  They “estimated” a cost to the county of $155, 575.00 and added requirements that are not on other pedestrian trail crossings in Indiana and throughout the country.   Commissioner Biddle accepted the scope of work and this estimate without challenge.
    • Tony Abbott, President, of Knobstone Hiking Trail Association (KHTA), did challenge the premise of the estimate and provided examples and references supporting his argument that the pedestrian crossing could be re-opened at little expense (less than 2K which would signage).  He reinforced that KHTA was just asking the commissioners to sign an amendment to the road closure ordinance that identifies that their intent was to close the road BUT NOT the pedestrian crossing that provided access to the Knowbstone Trail.   Commissioner Pittman stated that he agrees with allowing a pedestrian crossing.
    • (1) KHTA is not advocating for bicycle traffic. (2) Based on prices of commercially available passive warning signs — used at Indian Hill Road crossing DOT# 292 193F at least as long as Tecumseh Trail has existed —  initial estimates indicate that  two 1st class Reflectorized Cross-Bucks can be had for less than $2K.   An amount Commissioner Pittman agreed to fund.
    • Next Step?  TBD. Commissioners can vote on the amendment to the ordinance allowing a pedestrian crossing and access to the trail.
    • Facebook Post – Brown County Matters

Aug 10, 2022.  ‘Unintended consequence’: Trail supporters request pedestrian crossing for Indian Hill railroad by Suzannah Couch.

    • For more than 20 years hikers have traveled through Brown County on the Tecumseh Trail, making their way across the Indian Hill Road railroad crossing on their trek down one of the longest hiking trails in the state. … Now hikers take a 5- to 6-mile walking detour around the railroad crossing following its closure two years ago at the request of the Indiana Rail Road.
    • Abbott then said that severing the Tecumseh Trail could have been identified as a compelling reason if the commissioners had held a public hearing before the crossing was closed. Under Indiana Code, a public hearing should be held not more than 60 days after a petition is received to close a railroad crossing.

Aug 3, 2022. Commissioner meeting.  Indiana Hill RR Crossing – Update.  38:10 mark on audio. Legal aspects still in the discussion phase. Commissioner Biddle provided a deed to the county attorney of the crossing and stated that per the deed, the RR owns 150 feet on both sides.  She also stated that she believes (no supporting evidence) that individuals coming within 50′ of the crossing would be committing trespassing on federal property because train right of way is considered federal.  Audio.

Tecumseh Trail – Impact of Railroad Crossing Closure.  The presentation on July 20, 2022, at the Commissioners Meeting by Tony Abbott, President, of Knobstone Hiking Trail Association included information that suggested a public hearing may have been recommended if not required to be held by the Commissioners.

The fact that a public hearing was never considered should be a concern and something to prevent in the future. Information and examples of a public hearing on the closing of a railroad crossing in Starke County are provided below.

Legal Opinion – Brown County Attorney: 

    • “Barnes and Thornburg attorney Veronica Schilb, who represents the county, said last June that because the county and the railroad company came to an agreement on the closing, no public hearing was required before it was closed.” (Ref: Closed ahead: Tecumseh Trail users lobbying for pedestrian crossing at Indian Hill, By  Suzannah Couch, 
    • QUESTION?  What are the supporting statutes that support this opinion?
Starke County – Railroad Crossing – Discussion, Public Hearings, Rejection of the Closure

June 22, 2022. In contrast, Starke County Commissioners Look for Resident Input on Proposed Railroad Crossing Closure,  Anita Goodan, WKVI

    • County Attorney Justin Schramm suggested waiting until the next meeting to discuss it more in order to get more information about why Norfolk Southern has identified this crossing as one to close. Additionally, Schramm advised the commissioners to gather comments from the property owners before making a decision and they agreed. Letters will be sent to the property owners in that area to attend the next meeting on July 5 or send correspondence concerning their opinions on the matter.

July 5, 2022. Starke County Commissioners to Meet Tonight, by Anita Goodan, WKVI

    • During the commissioner’s last meeting, Starke County Highway Superintendent Dan Dipert brought the request from Norfolk Southern officials to the attention of the commissioners stating that the railroad and INDOT would pay the county money to close the crossing, which could cover the cost of the maintenance of those roads, if the commissioners agree to the closure.
    • It was a goal of the commissioners to explore the railroad company’s need to close the crossing, as well as get input from residents in that area about the request.
    • ….  It has been railroad philosophy for years to try and eliminate as many highway crossings as possible. In general he would say that if the residents of the road are against it then they should not agree to have it closed. He advised that if they choose to close the crossing they need to get as much as possible from the railroad and it should be negotiated. Richard Beachamp also spoke up and said he has property on 225 S. He said if they closed the crossing it would make the travel time longer for emergency vehicles to get to their location.

July 7, 2022. Starke County Commissioners Discuss Railroad Closure Proposal by Anita Goodan, WKVI

    • With the majority of the residents voicing opposition to the railroad closure, the commissioners are leaning toward denying the request from Norfolk Southern officials. 
  • July 18, 2022 Minutes_Starke_County_Commissioners_Meeting-07-18-22 FINAL.In 2nd paragraph of section titled “Highway Monthly Report:  “……. Commissioner Gourley asked if Superintendent Dipert has requested any new information about the railroad crossing request. Superintendent Dipert advised he did talk to him and the offer is still at $60,000 plus the grant from INDOT. Commissioner Gourley advised given the feedback he will make a motion to reject the request to close the crossing on 225 S. Commissioner Cavender seconded the motion and the motion was approved with all ayes. ….”

July 19, 2022Denial of the petition: Starke County Commissioners Reject Proposed Railroad Crossing Closure, July 19, 2022. By Mitch Columbe, WKVI

    • After hearing from the public and with majority of the residents voicing opposition to the railroad closure, the commissioners voted to deny the request from Norfolk Southern officials. 
Background Information – Brown County – Indian Hill Rd. RR Crossing Closure

Commissioner Meeting Notes, July 20, 2022.

commissioner meeting july 20 2022

Commissioner Meeting Notes, July 20, 2022. 6:00 p.m.  One of the most efficient meetings I can recall attending.  Glad I got it on audio.

o. Highways.  Work on Clay Lick and Helmsburg Road beginning July 21, 2022. Road closed to through traffic during the day. Wholesale fuel costs were $2.75 a gallon last June; $5.60 this June.

o. Nashville Bike Pedestrian Trail Master Plan. A Nashville and a “county” project. The Department of Health is providing 20K for a master plan; the county contributing 20k (ARPA funds). Nashville’s contribution not mentioned. No idea at this point on the cost to implement the plan once developed.    “… purpose will be to create a bicycle and pedestrian master plan for Nashville, but it also may advise the town council on matters involving bicycle and pedestrian transportation; recommend updates to town policies regarding sidewalks; review bicycle and pedestrian ordinances and regulations; create a citizen-driven process for bicycle and pedestrian infrastructure requests, including sidewalks, crossings and bike racks; advise the council on opportunities for funding such requests; and advocate on related issues.  (Ref: BCD Democrat, Town council appoints bike/pedestrian board)

o. Indiana Hill Railroad Crossing- open to pedestrian traffic.  Mr. Tony Abbott, Knobstone Hiking Trail Association, provided an excellent presentation making the case for a decision by the commissioners to open up the Indian Hill Rd. Rail Road Crossing for pedestrian traffic. Standing room only crowd. Commissioners are supportive of re-opening to pedestrian traffic pending review and advice from the county attorneys.   

Audio of the meeting – Trail discussion starts at 19 minutes.

Updated Post with audio: Part 2. Closure RR Xing, Indian Hill Rd. Opening up the Tecumseh Trail

2022 Mid-terms – who wins?

June 23, 2022. Yes, Biden Is Hiding His Plan To Rig The 2022 Midterm Elections, BY: MOLLIE HEMINGWAY

    • …  President Biden ordered all 600 federal agencies to “expand citizens’ opportunities to register to vote and to obtain information about, and participate in, the electoral process” 
    • Biden gave each agency 200 days to file their plans for approval by none other than Susan Rice, his hyperpartisan domestic policy advisor. Yet fully nine months after those plans were due, they are all being hidden from the public, even as evidence is emerging that the election operation is in full swing.
    • As with previous efforts to destabilize elections, the chaos and confusion that would occur are part of the plan. The Executive Order copied much of a white paper put out by left-wing dark money group Demos, which advocates for left-wing changes to the country and which brags on its website that it moves “bold progressive ideas from cutting-edge concept to practical reality.” Not coincidentally, Biden put former Demos President K. Sabeel Rahman and former Demos Legal Strategies Director Chiraag Bains in key White House posts to oversee election-related initiatives.

July 15, 2022. Slow down on the November ‘red wave’ talk, Exclusive: Brent Smith explains the 2 battlefronts on which conservatives should be engaged

    • We’re heading into uncharted territory against an enemy we have not previously encountered. … When I say enemy, I don’t mean opponent. I didn’t misspeak. I mean exactly what I wrote – ENEMY. This enemy is the current Democratic apparatus – the most corrupt administration in our nation’s history, one that has already eclipsed the previous worst administration, that of Woodrow Wilson.
    • Just 45 days after his inauguration, Biden was handed Executive Order 14019 to sign. The order demands that all 600 federal departments and agencies “expand citizens’ opportunities to register to vote and to obtain information about and participate in, the electoral process.” …   It’s each individual state’s job to run the election how they see fit. So once again, this administration is acting unconstitutionally.

July 15, 2022. TOLD YA SO  The Democrats’ plan to steal midterms: Say goodbye to Biden,  Wayne Allyn Root: ‘It’s the 2020 game plan but updated with scarier names’

    • First, I’ve been warning nonstop that Democrats are planning to steal the 2022 midterms, just like they clearly stole the 2020 presidential election. More on that in a moment.
    • Second, I’ve been warning that Democrats (and their PR wing in the mainstream media) are planning to bring back COVID-19 hysteria again, just in time to steal the 2022 midterm election. This is the perfect timing to demand universal mail-in ballots, with no voter ID or signature match to steal the midterms.

    •  

      Third, I’ve been warning that Democrats would find a way to force President Joe Biden out of office and then blame this whole economic disaster on him – thereby deflecting blame from the Democratic Congress.

 

 

 

 

 

Nashville Town Hall Meeting – Proposed HRC Ordinance July 7, 2022

Updated July 12, 2022

Background Information and Context on the Proposed Ordinance to include copies of the previous versions of the ordinance.

This post shared at Brown County Matters

Nashville Town Hall Meeting Notes – Roundtable Discussion – “Human Rights” Commission July 7, 2022, 6:30-8:30.  Audio of the Meeting

o. The latest draft of the ordinance was introduced (working to confirm the revision date). The second reading and possible vote is scheduled for July 21, 2022. The elected representatives of the county government chose not to participate in this initiative.

    • July 9, 2022. The latest version of the ordinance. Nashville Draft – 2022_07_07 Human Rights Ordinance. Current version of the proposed and “revised” ordinance that was first shared at Thursday’s meeting. They made it more generic and vague. What is the difference between civil and human rights laws? What “human rights laws” are not covered by the Constitution?

Note: There was discussion that this initiative could be put on the ballot in Nov.

o. The problem? The ordinance represents an incomplete solution without documented and published evidence of the need. The report submitted by the committee did not include footnotes and references to substantiate opinions. The lack of participation by county elected official (s) also indicates a lack of support from the larger community.

o. Intent of the HRC? The Nashville “Human” (not civil) Rights Commission (HRC) will provide education and facilitate the collection and dissemination of information regarding allegations of violations of “civil rights” laws. Complaints will be passed to the Indiana “Civil Rights” Commission (ICRC) for resolution. The ICRC has a website (in.gov/icrc/) and toll-free number (1-800-628-2909 ) for reporting complaints.

o. Civil as Opposed to Human Rights. “Human” Rights is much broader in scope than Civil rights that are protected by U.S. law. The United Nations developed a Declaration of Human Rights in 1948. These include rights addressed in the Declaration of Independence and the Constitution. The first amendment protects free speech which includes being tolerant of just about anything. Some countries pass laws to limit speech – hate speech is among those laws. Canada proposed human rights legislation that prohibits discrimination based on gender identity or expression. Jordan Peterson became famous for protesting against these laws. Guidance regarding love, tolerance, acceptance, and understanding are provided in the Bible. This is in contrast to countries that believe government can assume this role regarding thought, speech, and behavior.

o. Motivation. It was reinforced that the motivation and desire for the ordinance originated from the Nashville Solidary Rally for Social Justice on June 23, 2020. It was alleged that “100” complaints originated from Brown County. This rally was a follow-on from the George Floyd riots that were sparked by the perception that black men were “systemically” and disproportionately being targeted by white cops. This perception was debunked by the stats. Another controversy is the conflict between “equality of outcomes” which are discriminatory and supported by the justice movement, and “equal opportunity” supported by the U. S. system of government.

o. Brown County Leader Network (BCLN). Methods and tools for working towards “a  more perfect” union, community, county.

Church and State

June 26, 2022. Founding Fathers never intended U.S. to be secular or hostile to religion – Washington Times

    • “Today, the court leads us to a place… of [dismantling] the wall of separation between church and state that the Framers fought to build,” she bemoaned.

      But what is this “wall” of which Justice Sotomayor morns? Where did it come from? What is its context? And why was it considered important to our nation’s Framers?

American Revolution 2.0?

American-Flag-Distress-signal_rt1

Updated Sep 6, 2022. 

The flag should never be displayed with the union down, except as a signal of dire distress in instances of extreme danger to life or property.”

Sep 1, 2022. Read: Transcript of President Joe Biden’s speech in Philadelphia

    • “Donald Trump and the MAGA Republicans represent an extremism that threatens the very foundations of our republic.” “Now, I want to be very clear — very clear up front: Not every Republican, not even the majority of Republicans, are MAGA Republicans. Not every Republican embraces their extreme ideology.”
Sep 2, 2022. Franklin Graham: Biden speech an attack on ‘freedom-loving Americans’ This is just further dividing our nation’

Sep 2, 2022. “SEPTEMBER SURPRISE ? … Biden Declares War On The Right
On September 1, 2022—A Day That Will Live In Infamy.

Sep 2, 2022. “Our Response to Biden’s “Red Sermon” … Biden darkly escalates — because Permanent Washington loses its grip on power.”  “But now, Joe Biden makes his mark – and solidifies his ignoble legacy as the first US president to explicitly denigrate tens of millions of citizens in a fascistic and incendiary speech targeting masses of regular citizens as criminals.”

Sep 2, 2022. THAT WAS QUICKJOE BIDEN WALKS BACK SICK ATTACKS ON MAGA: ‘I Don’t Consider Any Trump Supporter a Threat to the Country’ By Jim Hoft

Sep 4, 2022. Biden’s Speech Had It All Backward Biden’s Democrats seek a one-party state. Trump’s followers want freedom from government power. By Lance Morrow

    • If there are fascists in America these days, they are apt to be found among the tribes of the left. They are Mr. Biden and his people (including the lion’s share of the media), whose opinions have, since Jan. 6, 2021, hardened into absolute faith that any party or political belief system except their own is illegitimate—impermissible, inhuman, monstrous and (a nice touch) a threat to democracy.
    • Biden’s Speech Had It All Backward – WSJ

Sep 5, 2022. “SAY NOTHING” PHASE OF THIS FOURTH TURNING. ‘Whatever you say, say nothing.’ – Old Irish Phrase.

      • Biden’s speech was an act of desperation, as his handlers seeing their Great Reset agenda going awry, are trying to initiate another engineered “Covid-like” national emergency they can utilize to subdue dissent. The next two months may decide the future course of history in this country. They appear to be laying the groundwork for a false flag of immense proportions.

Sep 5, 2022. About that spooky, creepy, fascist, dark, mega-divisive speech.  Exclusive: Joseph Farah figures the Antichrist & Molech couldn’t set the stage more threateningly By Joseph Farah

    • MY GOD! This guy is totally sick, depraved, a hater like no other elected American president in our lifetime, perhaps besides Woodrow Wilson.
    • Maybe the best critique was offered by Meghan McCain, hardly a fan of Donald Trump: “The political equivalent of a kamikaze mission just months before the midterms. An angry, unhinged 24-minute primetime screed that corrodes the reputation of the White House. The final nail in the coffin of American unity. It was horrifying.”
    • A day later, just like that, a different Biden seemed to take it all back. Maybe he forgot what he said. …. The man is a dangerous reprobate. God help us.

Sep 6, 2022 Biden’s speeches divide, deceive & demonize. Larry Tomczak asks voters to ‘perk up and help put Joe and the leftists out of business’ By Larry Tomczak

    • I’m passionate to preserve our nation’s godly heritage, protect our children from evil by being “salt” holding back moral decay as Jesus directed and honor the covenant made by our founders to “advance the Gospel for the glory of God.”

      We love America, warts and all, and as traditional conservatives we stand unashamedly for God, country, one man and woman marriage, the nuclear family, the sanctity of human life (womb to tomb) and genders assigned by God only. We hold that the rights enunciated in our Constitution and Declaration of Independence come from God not government.

July 30, 2022Washington D.C. Is Run By the Enemies of the American People – It Is Time to Take America Back (VIDEO) Gateway Pundit, Guest post by Lawrence Sellen.

July 4, 2022. In the End, It Will Be the Decision of the American People to Fight for our Constitutional Republic or Submit to Tyranny – The Time Is Now , Gateway Pundit, Guest post by Lawrence Sellen

    • True change can only arise bottom-up. In the end, it will be the decision of the American people to fight for our constitutional republic or submit to tyranny
True change can only arise bottom-up.” Could not agree more. The aim for our system of government is to work towards “a more perfect Union” … community and county. This requires that “We the People” identify our vision for “more perfect” and the feedback we require to determine if any needed change is resulting in improvement.
    • Simple question: Should we expect our elected and appointed officials to meet this standard?
    • In Indiana, the Brown County Leader Network (BCLN) offers methods and tools that can be applied in working towards that “more perfect” community, county, and nation.

June 30, 2022. One Solution Against Tyranny Is Creating State Guards to Defend the Constitution and Fight Back Against the Deep State, Gateway Pundit, Guest post by Lawrence Sellen

    • Did not know that Indiana is among the 22 states that have a State Guard in addition to a National Guard.
    • The Indiana Guard Reserve (INGR) is the State Defense Force for the state of Indiana. The purpose of the INGR is to augment the National Guard during emergencies within the state, especially when some or all of the National Guard is deployed.”

Lawrence Sellin, Ph.D. is retired U.S. Army Reserve colonel and a veteran of Afghanistan and Iraq. He had a civilian career in international business and medical research. Dr. Sellin is the author of Restoring the Republic: Arguments for a Second American Revolution. (2013) His email address is lawrence.sellin@gmail.com. Excerpt Chapter 11, Taking Back Our Government- Political Insurgency:

county by county

July 4, American Independence

the 56 declaration signers

Share at the Facebook Group – Brown County Matters

Historian and Author Douglas MacKinnon: Tyranny in America Worse Today than in 1776 (VIDEO) By Jim Hoft  Published July 2, 2022

State Defense Forces

state Defense Force

One Solution Against Tyranny Is Creating State Guards to Defend the Constitution and Fight Back Against the Deep State, By Joe Hoft  Published June 30, 2022 at 8:15am

    • At this moment in American history, there is no more important battle than to preserve the Second Amendment, increase state sovereignty under the Tenth Amendment and oppose tyranny by the federal government.
    • State Guards, also known as State Defense Forces, which are distinct from a state’s National Guard and operate under the sole authority of a state government, can provide a legal and effective remedy to the violation of our constitutional rights. Such military units are, in fact, authorized by federal statute under Title 32 of the U.S. Code:

Indiana State Guard: The Indiana Guard Reserve (INGR), formerly the Liberty Guard and the Indiana Legion, is the state defense force[1] of the state of Indiana.

Website – Indiana Guard Reserve (INGR)

Joint Meeting RSDs, Jan 28, 2022

Meeting MinutesJoint Meeting – Helmsburg and Brown County Regional Sewer District (RSDs). Jan 28, 2022, 6:30 p.m.

The two boards are in the process of developing a mutual agreement as to roles and responsibilities.

The role of the Brown County RSD (BCRSD) in this project is to collect wastewater. The role of the Helmsburg RSD is to process the wastewater at the Hellmsburg sewer plant.  Consequently, both boards are contracting for engineering support, rate studies, and legal services.  There are other examples of similar arrangements in other communities. No information regarding the effectiveness and efficiency of such an arrangement or analysis that this is the best arrangement for Brown County. Elected officials chose to stay uninvolved in the decision and supported it with funding from the  American Rescue Plan (ARP).

The area to be served by the joint project ranges from Lake Lemon to Bean Blossom to Woodland Lake.  Rate studies will identify the initial monthly charges and rates will increase over time due to maintenance costs. Nashville has recently increased its sewer rates by 25%. Water rates also continue to increase.

The Brown County RSD (BCRSD) began as the Bean Blossom RSD with the intent to develop a new plant in Bean Blossom. They failed in this mission when landowners refused to sell land for a new plant. The state also refused to allow parkland to be used for a sewer plant.  The new role for the BCRSD  in this project is to collect and transport the wastewater from customers to the Helmsburg Plant. The Lake Lemon and Helmsburg customers have a valid need and support from the customer base.

In the Bean Blossom area, motivation includes development. The need has been justified based on speculation as to the age of septic systems that may indicate inadequate systems,  lack of records (not required in many cases), and some systems that may be contributing to E. coli.

 RSDs can mandate sewer hookups that include hook-up fees (undetermined at this time) and monthly rates. RSDs can also charge customers during construction.  RSD board members are appointed officials.  The county has a one-party monopoly on political power and development has been identified by party officials as a priority.

Website: Brown County RSD

School Referendum – Yes or No? Voters will decide

decision making

Updated: July 15, 2022

July 14, 2022. The school board approved a recommendation to adopt a tax levy resolution (12 cents per $100 of assessed value) for the operating referendum. The monthly levy on a 200,000 home is $9.78. ($117.36 year).  The increase for the last referendum was  8 cents per $100 of assessed value

Information: School Tax Increase (Operating Referendum) – Background information on the last referendum

School Information Session – Proposed Referendum,  June 16, 2022. The economic situation is a little different this time around.  Less than half of school districts in Indiana advocate for a tax increase.

As of June 28, 2022, I have yet to see a “business case” that justifies sustaining the tax increase as opposed to providing taxpayers with a reduction in property taxes.

Below are the Letters to the Editor in support of or opposed to the referendum:  During the last referendum, advocates of the tax increase submitted Guest Columns and Letters in the Brown County Democrat and funded the use of Yard Signs to advocate for their position.

Brown County Matters – Facebook Post of this post – June 28, 2022

Letters to the editor for week of June 22

Do not ‘burden’ taxpayers with another referendum

To the editor:

Let me start by saying this letter is not meant to be an anti-school proclamation. I am only asking the Brown County school board to be reasonable and consider the state of the economy before continuing with their request for more money. With inflation at its highest since the Carter administration this is definitely not the time to burden the taxpayers with another “referendum.”

At this time we are faced with a 25% rate hike in water and sewer costs. Also due to the energy policies of the current administration, our utility — heat and electric — costs are predicted to sky rocket in the coming months.

The last couple of years the school system has received a tremendous amount of additional funding from both state and federal programs that were above and beyond regular funding.

One final note: I was taken aback at the last referendum when the previous administration had school children posted at each of the voting locations lobbying for passage. Ironically, those taxpayers’ funds went to teachers’ salaries, not for the students.

Respectfully,

Jim Hahn, Nashville
Letters to the editor for week of June 29

Vote ‘yes’ to referendum, supporting public schools

To the editor:

I read the letter from Jim Hahn in last week’s Democrat with interest. As the “previous administration” who led the successful Brown County Schools’ referendum campaign, I have some different views and recollections.

First, I will comment that the very concept of asking local public school districts to organize a political campaign centered on the theme of asking the local community to support a vote on increasing their property taxes is an annoying breach of responsibility by our state representatives and senators. It is the Indiana Constitutional responsibility of the elected General Assembly to adequately fund our public schools. My administration as well as those of Laura Hammack and Emily Tracy have all had to make significant reductions in staffing and programs for our boys and girls because the Republican super majority has refused to recognize in its funding formulas that countywide rural schools — and urban schools for that matter — have unique situations which require adequate funding. We all pay too much in taxation and to ask education administrators and school boards to shoulder the duty of the General Assembly is offensive to me.

My recollection as to using students at the polls to support the 2016 referendum is quite different than Mr. Hahn’s recollection. The May 3, 2016 referendum law prohibited the use of students in the campaign in any manner. We asked school board members, retired teachers and our political action committee to man the various polling precincts. Students were in school that day, with the exception of those allowed to distribute campaign literature on behalf of individual candidates seeking office. Perhaps those were the students observed by Mr. Hahn and incorrectly interpreted as being there to support the referendum campaign. There were no students designated by our campaign to be present on behalf of the referendum campaign.

The stated intention of the 2016 referendum was to increase teacher salaries for the purpose of retaining effective teachers in Brown County Schools and to make us competitive with area school corporations with whom we compete for talented teachers. Teacher salaries had not been raised for approximately four years and we had fallen behind other area schools. From the first day of the campaign we publicized that the purpose of the operations referendum was to increase the salaries of our teachers. The current campaign is necessary to maintain and increase further those levels of compensation for our teachers. I would suggest that adequate funding for teacher salaries directly impacts our boys and girls in school by keeping us competitive with the hiring and retention of quality teachers to oversee the daily instruction of our boys and girls.

I agree with Mr. Hahn’s assessment of the difficult situation taxpayers are facing throughout our country as well as locally. Inflation, higher utility costs, higher fuel costs and higher costs of virtually all of our goods and services is negatively impacting all of us. It is also negatively impacting all of the public schools in Indiana and throughout the nation. Unfortunately, additional money given to the public schools by the federal government is very specific and, generally, cannot be used to pay salaries. This referendum is a necessity if we want to maintain and improve our local Brown County Schools.

Let me close by adding that the quality of the local school district is the most important factor in maintaining and increasing property values in any locale. We will lose quality teachers and ultimately quality programs without the referendum. Let us remember when we go to the polls in November that one of the main responsibilities of the General Assembly is to adequately fund public education. Since this is not happening, we must vote “yes” to the referendum to support the excellence of Brown County Schools and our children.

David Shaffer, former superintendent, Brown County Schools