State Revolving Fund (SRF) Project Approvals – Supporting Documents

April 3, 2020. Brown County Democrat, Guest Opinion:  Bean Blossom sewer project: Delay warranted.” by Tim J. Clark

• Regionalization Study and Presentation 

April 3, 2020. Brown County Democrat. Sewer report explained; Lake Lemon asks for service By Sara Clifford.

Feb 19, 2020.  Project Score Brown County WW Scoring REVISED 021920 Total Points

• Project Priority: CWSRF 2020 Project Priority List Small Systems 3rd Quarter FINAL bc4
• Blank Application FINAL SFY 2019 Wastewater SRF Project Rating System Scoring June 2018
  • Note: The “Score”  is determined from the Preliminary Engineering Report (PER) – link to a copy provided below.

July 13, 2018. Supporting Letter – Brown County Health Department Brown County Health Department Letter 051418.   Documents the allegations, anecdotes, speculations, conjecture, and assumptions used to justify this project: 

• • 2,904 properties; 2002 require a septic system (69%)
  • Average build date  is 1960. ” This means the average age of septic systems is 58 years old.
  • The first septic code in effect in 1977 to 1990. “Based on this information it would be logical to conclude that the average septic system is 58 years old … and, it would only be fair to assume many may not be functioning as originally planned and may be failing …”
  • “In addition, I have attached documented history of water tests … and found detectable levels of E.  Coli in most bodies of water tested “

Jan 28, 2020. Brown County Democrat:  STREAM SAMPLING: Where’s the contamination coming from? By Sara Clifford.

• • ” Is E. coli found in local waterways coming from humans or from animals?  Short answer: We don’t know yet.”

Brown County Regional Sewer District (BSRSD) Project Documentation

• Identification of Need:  BCRSD SRF Project Application Signed
  • A. IV. “A new STEP Collection System is proposed to correct violations caused by raw sewage discharge and non-operable on-site septic systems”
  • G. “This project will improve water quality of the nearby ditches and streams“
  • I. “Eliminate human waste from nearby ditches and streams”
• Preliminary Engineering Report PER for submittal 2.13.2020   Total pages: 432
  • 1.2.6  Water quality in the service areas will be improved
    with the installation of the proposed wastewater system, as current failing
    on-site septic systems that degrade the water quality will be eliminated.
  • 1.2.8 Socio-Economic Issues. There will be no negative effect on the economics or location of minority and/or low-income populations.
  • 1.2.9.3 Open Space and Recreational Opportunities. The proposed project’s construction and operation will neither create nor destroy open space and recreational opportunities.
    • Note: They are asking for use of land that was donated to Parks and Recreation
  • 1.4 Community Engagement .. Letters of support from “1998”.
  • 3.1 Wastewater Facilities Needs
    • The Brown County Health Department has reported numerous problems with the existing on-site septic systems within the planning area over the last 20 years. The soils within the study area are not conducive to the proper operation of onsite soil absorption septic systems. Problems range from too small of lot size to soil impermeability or permeability and hilly terrain, which limit the space available for an on-site septic system. Pollution of surface water and ground water resources has been a major health issue and concern throughout the study area. Nearly all of the septic systems in the study area have experienced some
      problems, many have experienced complete failure. In the past there has been some modifications and repairs made in the Woodland Lake area due to inoperable on-site septic systems. Soil absorption fields are clogged, causing holding tanks to fill to their capacity, overflow, and discharge untreated wastewater directly onto the ground. The Bean Blossom business area has been in a state of decline since most all of the businesses do not have the necessary land available to either upgrade or even repair their septic systems. The Woodland Lake, Little Fox Lake, Freeman Ridge Road and Greasy Creek Road Areas has many homes with grossly undersized septic systems on lots with no more space available for needed absorption field expansion, replacement, or repairs.The Brown County Health Department has cited several homeowners within the planning area for septic tank and absorption field system failures. That office has denied issuing septic permits to several potential businesses and residences because of inadequate space, poor soil structure or seasonal high ground water tables that cannot be successfully lowered for a septic system. In some cases, expensive mound systems have been the only type of on-site disposal system that could be approved. Because many septic tank and absorption field systems are more than 50 years old, future additional failures are anticipated.The Brown County Health Department has also conducted stream analysis testing at several locations throughout the Bean Blossom area. These tests revealed E coli counts of 2,400 parts per million at a location downstream of the 27-lot mobile home park, and 690 parts per million at a roadside ditch located on the north side of Covered Bridge Road.The Bill Monroe Music Park and Campground is referred to as the “Mecca of Bluegrass Music” hosting several major Bluegrass Music events during the summer. The music park and campground owner expends considerable amounts of money for holding tank pump-out and disposal of their wastewater, and for 3 – 2 port-a-let rental. The music park and campground owner and maintenance personnel have expressed a need for a permanent solution to their wastewater management dilemma. A representative from the music park and campground had previously expressed a desire to provide sewer hook ups to approximately 35 campsites located at the front of the facilities should a permanent wastewater system be available. Refer to Appendix G for information to further document the project need.

In 2017, Evan Werling, {President of the Brown County Regional Sewer District (BCRSD) Board requests that the State Deprarmtn of Health conduct a “Boots on the Ground” survey. The intent of the survey was to help identify the extent and scope of a problem in the Bean Blossom area to help validate the need for a sewer plant.  The Health Department refused to support this survey. This lack of support for validating a need led to the resignation of 3 of 5 board members.

• May 9, 2017. Democrat.  Resigning sewer board volunteers claim project obstruction By Sara Clifford.  Three of the five members of the Brown County Regional Sewer District Board have resigned amid allegations that the Brown County Health Department has…
  • Werling lambasted past sewer board members and the health board for a lack of detailed documentation about the need for the sewer project, and alleged “sabotage” by the health department when the sewer board tried to obtain a “boots on the ground” survey of septic system failures in the Bean Blossom area to show the need for the project.
  • He also brought up cost omissions in the sewer project engineering report, which a previous sewer board commissioned with county money.
  • At least four engineering reports have been done since 2001.
•  May 2, 2017. Democrat. Majority of sewer board members resign by Sara Clifford
  • Three of the five members of the Brown County Regional Sewer District Board resigned Tuesday night amid allegations that the Brown County Health Board, health department and past sewer board members have been derailing the Bean Blossom sewer project and disparaging the current sewer board along the way.
  • His presentation touched on a lack of documentation about the need for the sewer project, which has been in the works for more than 14 years; problems in the sewer project engineering report which a previous sewer board commissioned with county money; lack of health department cooperation in trying to obtain a “boots on the ground” survey of septic system failures in the Bean Blossom area to show sewer need; and name-calling which Leggett said she received at a health board meeting last fall.

Additional Information:

• Mar 14, 2020. Bean Blossom sewer plant – delay warranted? By Tim. J. Clark
• Mar 12, 2020.  Brown County Wastewater Infrastructure Strategic Planning Study
• Feb 22, 2020.  Creation  – Brown County Regional Sewer District (BCRSD) – For the Record – The BCRSD formed based on an allegation of need that is not supported with evidence.
  • The current, as well as the past two BCRSD board presidents, acknowledged that there is no documented evidence of failed septic systems.
  • Two of the three county commissioners also acknowledged the lack of documented evidence of failed septic systems.
• Project History:  Bean Blossom Sewer Project – For the Record

Approving Funding Authorities:

Rochelle K. Owen, AICP
Director of Community Programs | Indiana
Rural Development
United States Department of Agriculture
rochelle.owen@usda.gov
Phone: (317)295-5767 | Fax: (855)541-9019
www.rd.usda.gov

Bill Harkins
State Revolving Fund (SRF) Director
Indiana Finance Authority
(p) 317-232-4862
(e) wharkins@ifa.in.gov
Website: https://secure.in.gov/ifa/srf/2379.htm

How do you deal with a situation that can be described as Volatile, Uncertain, Complex and Ambiguous (VUCA)?
by Tim J. Clark

For individuals and/or groups that want support in applying and testing out some improvement strategies, let me know – we are glad to help. The following link provides additional information. Brown County Leader Network – Support services and planning guides. Includes guidance on conducting an assessment, and working through the best options for needed changes.

• Initial Outline  – Covid-19 County Strategy — 2020_04_03 COAD Stakeholder Community ver 1.3

• COVID-19 Recovery – Small Businesses, Unemployment, Govt

State of Indiana – 2019 Novel Coronavirus (COVID-19)

Apr 5, 2020. WTIU/WFIU. Local Officials Want Governor To Close Brown Co. State Parks by George Hale

•  Biddle shared fears that the uptick in visitors could be putting residents at risk of exposure to the coronavirus.  … “Please, Gov. Holcomb, do the right thing by Brown County and close the state properties — Brown County state park, Yellowwood campground — and discourage the continued unnecessary and unessential travel into our community,” Biddle said, reading from a letter the commissioners were planning to send to Holcomb

Apr 4, 2020 Video – Commissioner Biddle – Declaring Orange Travel Status

• Notification – Letter EMS

Apr 4, 2020. Brown County Travel Watch – Orange Status Declared.

• “WATCH.” Means that conditions are threatening to the safety of the public. During a “watch” local travel advisory, only essential travel, such as to and from work or in emergency situations, is recommended, and emergency action plans should be implemented by businesses, schools, government agencies, and other organizations.

• “I am absolutely convinced that if tourists and people are allowed to shelter in place and hunker down in guest cabins, that they will absolutely increase the numbers we have of sick people and deplete what little resources we do have,” said Dr. Norman Oestrike, Brown County’s health officer.
• “My opinion, we are a rural county, and we need to do everything we can to protect our residents,” Oestrike said. “… There are other areas of the country that have shifted to tremendous hot spots of this disease from visitors, visitors who want to quarantine and hang out in the rental properties, the resorts, the beaches. Our demographics are such that we have a lot of older folks who are particularly vulnerable, but we have very limited resources, and if visitors come in large numbers, they expose everyone.
• “Anyone who comes to this county can be healthy and spread the disease,” he said. “And the World Health Organization, the CDC, the Indiana State Department of Health and yours truly, your local health officer, absolutely believe that we have to stop travel and shelter at home. And home is not a tourist or guest home.”

Mar 20, 2020. Democrat. Brown County establishes Community Organizations Active in Disaster, by Suzannah Couch

County Crisis Management.  A good outline that explains a Four-Phase  Crisis Management strategy.  Crisis management refers to the process in which the government of a country or the management of an organization develops and implements a plan on how to limit the damage from a particular crisis.

• Prevention. Planning is a very important part of crisis management.  This began after 9/11 with funding and training provided by the federal government for the “first responders” (Emergency Management  – county and state levels).  DoD also created the Northern Command (NORTHCOM).
  •  County Website – EM 
• Preparedness. Once an effective crisis management plan is in place, it should be reviewed and updated on an annual basis and tested periodically.
  • Includes ongoing training, certification, and participation in training exercises
• Response. The crisis response phase is that in which the actual crisis occurs. Having a dedicated crisis management plan and team allows an entity to tackle a crisis or disaster in a calm way, thereby minimizing loss of life, property or reputation. 
  • Facebook: Brown County Indiana Emergency Management  (EM)
  • County Covid-19 Information

  • Brown County COAD – Community Organizations Active in a Disaster

• Recovery The process of recovery from any crisis can take a long time. When the crisis is over, the focus has to shift on rebuilding, which can be time-consuming and expensive. 
  • A way Ahead – Brown  County Leader Network

Local Support  

• County Government and Offices
  • Brown County Emergency Management  (EM)
• Media – local- National:
  • Newspaper: Brown County Democrat – Special Advertising Sections. In order to help your business, we are preparing a special advertising section at a very affordable rate and with liberal payment terms.
  • National Media Coverage – Selected articles and references at Indep Voters of BC (IN)
  • Indiana (ISDH) 2019 Novel Coronavirus (COVID-19)
  • America for the Arts – CORONAVIRUS (COVID-19) RESOURCE AND RESPONSE CENTER
• Brown County YMCA — Coronavirus Assistance Hotline
• Community Groups:

• • Mutal Aid Brown County (IN) COVID-19
  • Brown County IN Service Industry Venmo List
  • Brown County Community Foundation
  • Brown County COAD – Community Organizations Active in Disaster
• Other
  • Coronavirus (COVID-19): Small Business Loan Information.
• Businesses
  • Chamber of Commerce – SHop Online
    • Facebook Page
  • Convention Visitors Bureau (CVB) – Response to COVID-19
    • Support Brown County Restaurants

Timeline – Facebook – Brown County Matters (BCM) 

• Mar 17, 2020. BCM COVID-19 et.al. by Tim J. Clark  How do you deal with a situation that can be described as Volatile, Uncertain, Complex and Ambiguous (VUCA)?
  • Mar 17, 2020. Washington Post.  Why do epidemics like the coronavirus spread exponentially and how do you “flatten” the curve”?
    • Article posted at BCM
• Mar 12, 2020, BCM Added a”Flattening the Curve” cover photo

Timeline – County Government

March 19, 2020.  Democrat, County outlines goals, policies during pandemic By Suzannah Couch

• March 18, 2020.  Commissioner Meeting – Livestream – Facebook.
• The county’s website, http://www.browncounty-in.gov has a new COVID-19 response tab that will be updated with how the county departments will operate during the health crisis along with contact information for each department.
  • The COAD help hotline is 812-988-0001 and there is also a Facebook page.
• Armstrong and Frost recently activated the county’s emergency management plan and they opened the county’s emergency operations center on March 13 “in an effort to coordinate the response and ensure we are prepared to assist our citizens and various public and private partners.”

Bean Blossom sewer plant: Delay warranted
by Tim J. Clark

Published as a guest column, Brown County Democrat, April 1, 2020.

On March 10, 2020, Ethel Morgan of HomeTown Engineering LLC presented the findings from a regionalization study of wastewater treatment options for the Helmsburg, Bean Blossom, Trevalc, and Lake Lemon areas. This study was funded by an Indiana Finance Authority, Regional Assistance Program (RAP) grant.  This grant was supported by the Director, State Revolving Fund (SRF), as well as by the Helmsburg and Bean Blossom Regional Sewer District (RSD) boards.

A summary of the RAP study was provided in the Brown County Democrat on February 25, 2020 “The Bean Blossom-Helmsburg sewer regionalization report is out. Here’s what it said.”

The purpose of the RAP study was to provide findings and “not” recommendations. Ms. Morgan stated that it “appears” that a one plant solution for the area was not the best option. The study indicated that two plants might be needed to serve the area. Options could include a plant in Bean Blossom and in the Trevlac area. A plant in Trevlac could serve Lake Lemon and Helmsburg with the potential of lowering the monthly costs for Helmsburg residents.

Following this meeting, the Brown County Regional Sewer District (BCRSD) Board conducted its monthly meeting.  At this meeting, they selected a contractor – Lochmueller Group to conduct a county-wide wastewater treatment infrastructure strategic planning study that is expected to take 14 months to complete. This study will provide additional information. It will include numerous public meetings and, along with the RAP study, can result in the additional analysis needed to arrive at the best wastewater treatment decisions for the county.

Also, at the BCRSD meeting, there was a presentation from the Lake Lemon Environmental Cooperative. The aim of this non-profit group is to lead efforts to acquire sewer service for their fellow residents. This could be accomplished through a separate Regional Sewer District (RSD) or in cooperation with the BCRSD. The Cooperative identified their needs and desire for immediate sewer service. They self-funded a concept plan, have identified that when there are substantial rains, water levels can rise to the point where they can have over 200 flooded and failed septic systems. When these systems fail, they also contribute to the contamination of Lake Lemon. They have obtained support from Monroe county that owns Lake Lemon, who supports the project and will provide the needed land for a plant (s). The Cooperative also has the support of its community.

Regarding the number of potential customers – referred to in the RAP study as Equivalent Dwelling Units (EDUs), the number of EDUs that could be served by a plant in the Trevlac area would be 353 for Lake Lemon and 132 for Helmsburg for a total of 485.  The number of Bean Blossom EDUs is estimated at only 276. The RAP study included projections of a declining population in Brown County. With fewer potential customers, the selection of technologies and life cycle management costs of wastewater systems are significant considerations.

In contrast, regarding a plant in Bean Blossom, the county commissioners, the current as well as the past two presidents of the BCRSD Board, have all stated that there is no documented evidence of failed residential septic systems in the Bean Blossom area.

Regional Sewer Board – Bean Blossom Sewer Project – For the Record

Further, current water sampling has not validated indications of human-caused contamination.  This information undermines the premise that was used to justify a county-wide RSD. The allegation by a county commissioner in 2013 was that a county-wide RSD and a septic systems management plan was needed to address an “environmental catastrophe” in Bean Blossom – an assertion that has still not been supported with evidence.

The RAP study also suggests that a de-centralized approach versus a county-wide RSD may be warranted. The infrastructure study could be expanded to include an analysis of the advantages and disadvantages of a local Trevlac and Bean Blossom RSD, as opposed to a county-wide RSD.   Board members of the BCRSD are appointed by the commissioners and county council.  The Gnaw Bone RSD board will be elected by their ratepayers starting in 2020 and the Helmsburg RSD has requested this same option.

Regarding economic and wastewater treatment related plans and strategies, these could be integrated within the County Comprehensive Plan and updated to reflect a choice for local control as an option for growth and development. The Helmsburg Revitalization Initiative provides a working example of this approach.

Despite the information presented in the RAP study and information provided by Lake Lemon residents, the BCRSD board reinforced their intent to move forward with the Bean Blossom project as the highest priority in the county. The BCRSD also intends to pursue the acquisition of land from Parks and Recreation.  The fact that current landowners in the Bean Blossom area were not interested in selling property for a sewer plant does not bode well for the BCRSD’s ability to obtain the estimated 190 required easement agreements from current landowners.

The Helmsburg and Brown County RSDs support for the RAP study and the BCRSD leadership in obtaining a grant for a county-wide wastewater infrastructure study is commendable. However, the Bean Blossom project should be “delayed” until there is a more comprehensive analysis that identifies the best development and wastewater treatment decisions for the county.

Additional Information:

• Update – Bean Blossom Sewer Project
• Brown County Regional Sewer District (RSD) – For the Record – The RSD was formed based on an allegation of need that is not supported with evidence
  • Brown County Regional Sewer District (BCRSD) – Bean Blossom Sewer Project – For the Record

Lochmueller Group_Wastwater Infrastructure Strategic Planning Study_Accepted Proposal

Lochmueller Group – Website

General Info

• IN Advisory Commission March 2019 Indiana’s Unsewered Communities
  • IC 36-11 sets the parameters for the establishment of a county onsite waste maintenance district. This statute provides the flexibility for communities to
    tailor a local program to local circumstances.
• EPA: Clean Water Act Analytical Methods
• EPA: Funding for Septic Systems
• EPA: Onsite Wastewater Treatment and Disposal Systems. A design manual for onsite wastewater treatment and disposal systems.

Project Status Reports

• 2020-06-09 – BCRSD – WW Infrastructure Study
• 2020-05-12 – BCRSD – WW Infrastructure Study

Current events

Feb 24, 2021. BCRSD and HRSD – Joint Meetings.   All options on table: regional sewer plan being discussed. By Suzannah Couch

Sep 17, 2020. BCD, GUEST OPINION: Sources of E. coli contamination being studied by Clint Studabaler

Sep 16, 2020.  BCD. Water sampling to take place in area creeks Friday By Staff Reports

Aug 13, 2020. GUEST OPINION: Water quality sampling efforts underway by  Maggie Sullivan

In December 2019, the Brown County Regional Sewer District received a $118, 000 grant to fund the development of a  Wastewater Infrastructure Strategic Plan.

• Jan 28, 2020, BCD, Sewer board earns $100,000+ grant to do wastewater plan by Sara Clifford
  • The cost of the grant-funded project will be $118,000. It required a 10-percent match — $11,800 — which came out the Brown County Redevelopment Commission’s remaining budget at the end of 2019.
  • Brown County Matters – Facebook Post on the award of the grant

In January 2020, the BCRSD issued a Request for Proposals (RFPs) that will be used to select the contractor for this plan.

• BCRSD Request for Proposal (RFP) Document January 2020 – Wastwater Infrastructure Strategic Plan
• Revised Scope Budget and misc

Dec 20, 2019.   ROI awards $1.86 million in Ready Communities implementation grants

• Award to Brown County Regional Sewer District for a wastewater strategic management plan. – This grant will fund an engineering evaluation of existing septic treatment systems and study the technical and economic feasibility of regional wastewater collection and treatment options in Brown County.

April 2019. BCRSD April 2019 ROI Grant Application _ Studabaker Clint

BROWN COUNTY – Solar Community Share

Purpose: As a part of Earth Rising we are working together to make Solar Energy available to as many Brown County homes and businesses as possible.

Method: Solar PV prices are coming down but for many it is still considered too expensive for budgets. Through the Solar Community Share Solar Program we are attempting to buy panels in bulk to make them as inexpensive as possible. In addition we want to build a model of working in teams for the installation. This brings the cost down tremendously.

What is Team Installation?

We believe that those people who care about the environment and want solar panels would be willing to offer whatever skills they have to place an array on their home as well as on the homes of the other team members. So what skills are needed. Obviously there are electrical connections so some electrical knowledge is helpful. Some climbing skills and just ability to measure and install rails that the panels fit on.

Do not let this discourage you if you do not have these skills, others may and you can be a helper. If a team does not feel comfortable with certain aspects of the job like electrical and climbing we will augment your team with people that have those talents. We are also considering developing skills in several people who could treat this as a job. Our contention is that it offers work to local talent and we would negotiate reasonable costs for that service.

Conclusion

This plan can work because this is Brown County. We Brown Countians help each other. There is no nobler goal than to help us tread lightly on our earth than to switch from fossil fuel to sun power for our energy. It will help us feel like we are making a difference and we are thinking about how we can be helping our kids, grandkids and their grandkids.

We hope to get this plan implemented this spring. We are in the organizing phase and will be asking people to tell us of their willingness and interest.

BROWN COUNTY

Solar Community Share Program

Participation Questionnaire

Preliminary Form

There are many ways to get involved in the Solarize Brown County Community Share Program. The following areas are ones to consider at this time:

I Want to have a solar array connected to my electrical service Yes No

Willing to participate on a team Yes No

If yes I have the following interests or skills (check the areas that apply to you as well as circling your level of skill):

___ Helper

____ Electrical skill Basic Moderate Advanced

____ Willing to do some climbing Basic Advanced

Financial Support

For those people that do not feel their home is or is not conducive to Solar power but feel that the need is important you can help by investing or donating into the program. We need some start up money to buy the necessary equipment to due the jobs that are being requested.

More information on this aspect of the program will be made upon request and I hope we get lots of requests.

Name

Address

Phone No.

Email address

Comments:

Return this form to William Todd email: wbtodd@gmail.com

Mar 3, 2020. Democrat, Sewer boards petition to become elected, not appointed By Sara Clifford

The Brown County Redevelopment Commission (RDC) is tasked with coordinating follow-on actions derived from the Brown County Economic Development Strategic Plan.

• History of the project:  Econ Development Strategic Plan and Timeline

2021

Current and Planned Events

Feb 9, 2021.  GUEST OPINION: Survey process starting to address housing challenges By JUSTIN SCHWENK, guest columnist.  The Brown County Redevelopment Commission is beginning our Building Community Initiative in the coming weeks, and we would like to…

• The Building Community Initiative is a three-phase project designed by the redevelopment commission to be a community-driven effort to:
  • identify vacant and abandoned homes,
  • rehabilitate them,
  • and return them to productive use — specifically as affordable starter homes that will be accessible to a greater number of people interested in locating to Brown County.

2020

Sep 15, 2020. BCD. Redevelopment commission planning land survey By Sara Clifford

May 28, 2020. BCD. County News. Redevelopment commission mapping out priorities

• In a virtual meeting on May 7, the members — three of whom are new this year — learned about what the group had been working on last year. President Schwenk explained the concept of gathering data about abandoned, vacant homes in the county, which could possibly be rebuilt into affordable, habitable homes. All voting members supported continuing with this project. They also started thinking about others, and started working on a goals chart which is viewable online at https://bit.ly/BCRDCPLAN. The goals chart is on page 15.

Mar 21, 2020. RDC Discussion – 2020 Plan – 9:00 am, Community Foundation

Information

• RDC Facebook Page – Meeting dates, agendas, minutes, video of the meetings
• RDC Website – Choose Brown County 
  • RDC Document Resources – Initiatives, Guidance, Annual Plans

Assessment – Brown County Economic Development Strategic Plan

• This plan meets the minimum requirement required by the State.
• Strategies identify solutions without referencing the data that identifies the scope and extent of the respective problem.  Additional analysis is needed to identify the costs, priorities, and funding options.
• The strategies were also derived with input from non-statistically valid surveys, and selected input from community members (see Methods below).
• Not mentioned is the need to retain existing residents and to identify their priorities.  Over half the workers in Brown County have historically chosen to live in the county and commute outside the county for the better-paying jobs.
  • Brown County Democrat: What are best bets for future of  local economy? by Sara Clifford. Brown County’s greatest potential for economic growth is as a bedroom community, according to economists with the Center for Business and Economic Research at Ball State University.

Governance and Plans

• Handbook for Indiana Redevelopment Commission  (RDC) Members and Their Attorneys – June 2017  2017-handbook-for-indiana-redevelopment-commission-members-and-their-attorneys-3
• IC 36-7-14 – Chapter 14. Redevelopment of Areas Needing Redevelopment
  Generally; Redevelopment Commissions  IC 36-7-14
• Brown County Economic Development Strategic Plan  Brown County Econ Dev Strat Plan and Exec Summary 11.20.2019
  1. Several residents participated in interviews, public engagement sessions, and an online survey to offer public feedback, comments, and ideas for the creation of the following four overarching goals:
     1. Preserve and Promote Brown County’s Natural Environment;
     2. Establish Brown County as a home for young families and talented individuals;
     3. Foster Brown County’s identity as a destination for tourists interested in the arts, outdoors, and historic small-town charm; and
     4. Support Brown County’s interests within the Uplands Region through partnerships .

METHODS.  In addition to employment and census data, public input was considered through a web-based public survey, a town hall event, and individual interviews with key stakeholders. The electronic survey was available to the public and received a total of 185 responses. Responses from approximately 20 individuals were gathered during an open town hall event on January 23rd, 2019. Individual interviews were held with 11 stakeholders representing various positions and organizations within the county.

Updated July 27, 2023

Summary:  The  Board of Zoning Appeals (BZA) approved a special exception which was rescinded.  The Area Plan Commission (APC) then recommended a  Zoning change that the commissioners and BZA approved allowing for an industrial area  in an area zoned residential.  Issues involving the dispute escalated into claims of defamation that were pursued in small claims court. 

July 27, 2023.   Appeal to the Indiana Court of Appeals by Sherrie Mitchell of a ruling in Brown County small claims court. On March 2, 2023, Brown County Small Claims Court Judge Frank Nardi, Magistrate, issued a judgement that Mitchell’s comments were false and defamation per se. A motion to Correct Errors in the ruling was filed by Mitchell on March 28, 2023. The motion was denied on April 18, 2023. Appeal Sherrie Mitchell 20230727115710073 – Extract: Chronological list of all the actions and lawsuits:

• • October 1, 2019, Sherrie Mitchell, appellant, filed a complaint with the Brown County Planning and Zoning department regarding the use of residential property for industrial use. Defendant’s exhibit C, page 34, volume 1, Exhibit Index.
  • October 21, 2019, Brown County Planning and Zoning Inspector mailed a letter to Christine Buccos, appellee, informing her of the potential violation of the Brown County Zoning Ordinance. Defendant’s exhibit D, page 35, Volume 1, Exhibit Index.
  • October 22, 2019, Brown County Planning Director mailed a letter to Christine Buccos, appellee, informing her of the 2 zoning districts (Forest Reserve and Industrial) in which industrial uses are permitted in Brown County per the Brown County Zoning Ordinance. Defendant’s exhibit F, page 47, Volume 1, Exhibit Index.
  • January 29, 2020, Brown County Board of Zoning Appeals (BZA) granted a special exception for an industrial use inside of a Residential District.
  • February 21, 2020, Mitchell, appellant, filed a motion for Judicial Review of the Board of Zoning Appeals (BZA) decision granting a special exception for an industrial use inside of a Residential District. Cause # 07C07-2002-PL-000066.
  • October 28, 2020, BZA held a public hearing retracting the special exception granted to Christine Buccos. The BZA did not have the authority to grant a special exception for an industrial use inside of a R2 District (Residential). Prohibited in the Brown County Indiana Zoning Ordinance. Defendant’s Exhibit G, page 48, Volume 1 Exhibit Index.
  • November 10, 2020, Mitchell filed a defamation lawsuit against Ashley Dersch, girlfriend of Christopher Buccos, son of Christine Buccos. Dersch posted on Facebook that Mitchell, appellant, was a convicted drug dealer and convicted drunk driver. Cause #07C01-2011-SC-000051
  • February 1, 2021, Judicial Review of the special exception granted to Christine Buccos was dismissed due to mootness. Complaint was corrected.
  • February 5, 2021, Mitchell, appellant, made Facebook post. Plaintiff’s exhibit 2, Volume 1, pages 4 through 9, Exhibit Index.
  • February 9, 2021, Christine Buccos, appellee, and son Christopher Buccos, each filed defamation lawsuits against Mitchell, appellant.
  • March 19, 2021, Mitchell won her defamation lawsuit against Ashley Dersch, Christopher Buccos’ girlfriend. Mitchell was considered a public figure by the court and had to prove malicious intent.
  • March 24, 2021, Brown County Area Planning Commission approved a rezoning of 3 acres inside of the Buccos’ 140 acres of residential property in a Residential District to Forest Reserve.
  • April 7, 2021, Brown County Commissioners approved editing the zoning maps to reflect the 3 acres approved by the Area Plan Commission from a Residential District to a Forest Reserve District on the Buccos property, previously approved by the BZA.
  • May 26, 2021, BZA approved a special exception for an industrial use on the rezoned 3 acres for Christine Buccos.

Jun 15, 2021. Commissioners sued over zoning decision By Sara Clifford

• • BCD Facebook Post and Comments of the article

May 26, 2021. BZA Meeting. Approved the special exception.

Nov 3, 2020. BCD. Zoning dispute hangs over business By Sara Clifford

• BCD Facebook Post of the article

Oct 28, 2020.  Board of Zoning Appeals (BZA) Meeting.  The BZA board rescinded the decision they made at their Jan 29, 2000 meeting that allowed for a special exception for an industrial park. The BZA was provided with erroneous information and have acknowledged that it is illegal for an industrial park to operate inside an area zoned as residential (R2).

At the Jan 29, 2020 meeting, Christina Buccos went before the Board seeking a special exception for “general industrial” use to keep running a business that has been operating for two generations

Those in attendance supporting the Buccos’ were under the impression that the business could be “grandfathered” in or have the support of neighbors.  These are not legal options.  It is not unusual in the county for landowners to overlook zoning laws and ask for any approvals after the fact.

•  Statement by Sherrie Mitchell including supporting information on the issues.
•  Buccos Information Submitted at 10_28_2020 BZA (SSN Redacted)
  • Includes “1963” Tax Return  to establish business use as “Masonry and Digging Contractor”
• Property Deed Oct 29 1964  Provided by Sherrie Mitchell (Per the Recorders Office, Deed referenced a mortgage was taken out in 1959.

Guidance: INDIANA CITIZEN PLANNER’S GUIDE Part 2: Board of Zoning Appeals Basics
by KK Gerhart-Fritz, AICP.  Developmental Standards Variance Criteria per IC 36-7-4-918.5

• (1) the approval will not be injurious to the public health, safety, morals,
  and general welfare of the community
• (2) the use and value of the area adjacent to the property included in the
  a variance will not be affected in a substantially adverse manner
• (3) the strict application of the terms of the zoning ordinance will result
  in practical difficulties in the use of the property

May 13, 2020.  Facebook – Brown County Matters, by Sherrie Mitchell. Judge Wertz denied the motion by the BZA attorney to dismiss.

• Mitchell Case – Ruling by Judge Wertz

Mar 11, 2020.  Facebook – Brown County Matters.  Notification of formal complaint to the APC and BZA.

Mar 7, 2020.  Facebook – Brown County Matters by Sherrie Mitchell, Volume of truck traffic.

Mar 4, 2020, Facebook – Brown County Matters  – Zoning Overlays – County GIS Map by Sherrie Mitchell. Response by Tom Reoch, GIS coordinator

• Tim J. Clark  CULTURE: The “culture” in the county that has been expressed at county meetings has been that people can generally do what they want with their property. If there is a complaint, then property owners can apply for a special exception or a zoning change. This issue started with a complaint by a neighbor. Upon further analysis, it was determined that the law governing the approval of the exception may not have been followed. It was also discovered that Board member (s) were appointed to the BZA in violation of Indiana law. Given the formal complaint, the county judge will now review the process that supported the decision by the BZA which may require that they re-hear the request for a special exception and/or determine that a zoning change may be needed.
• Tim J. Clark . The PROCESS: The County Comprehensive Plan (meets minimum standards required by law), provides the guidance for zoning. The commissioners are “accountable” for the process. The Planning Director and GIS Coordinator work for the commissioners. The “voters” are “responsible”  for the performance of the commissioners.

Mar 3, 2012. Democrat. Zoning decision under review; member resigns, By Sara Clifford .  Sherrie and Benjamin Mitchell filed a petition for judicial review on Feb. 21, asking that the court clear the special exception which the BZA granted for the Christina Buccos property on Gartner Drive in January.

Mar 2, 2020. BZA Meeting. Statement of Fact 20200302185331927

• Amended BZA Minutes from January 29 2020
• 20200311_Warranty Deed

Feb 29, 2020. Democrat.  COUNTY NEWS: Speed limit reduced; update on courthouse remodel  By Sara Clifford

• An ordinance reducing the speed limit on West Robertson Road to 30 MPH was approved unanimously by the Brown County Commissioners on Feb. 19.
• The speed limit will be reduced on West Robertson from State Road 135 North to Richardson Drive east and westbound. The speed limit maximum will be 30 MPH unless weather or other conditions require a lower maximum speed limit.

Feb 24, 2020. Democrat.  Business gets OK to keep operating in neighborhood By Sara Clifford

• A Brown County family has been granted the proper zoning permission to keep running the business it’s been running on its property for at least two generations.

Christina Buccos went before the Brown County Board of Zoning Appeals on Jan. 29 seeking a special exception for “general industrial” use. Her family formed Shady Oaks Logging LLC six years ago, but a log yard has been housed on Buccos’ 130-plus acres since before the county had a zoning code, according to Planning Director Chris Ritzmann’s research. Buccos was asking for the special exception for 3 acres of her land, all of which is zoned FR (forest reserve).

Buccos’ land is on a private road, Gartner Drive, which abuts West Robertson Road.

Feb 21, 2020. Facebook – Brown County Matters, Legal Complaint.  Sherrie Mitchell.

• My husband and I, represented by Michael Carmin (attorney in Bloomington), filed a request for a judicial review in the Brown County Circuit Court, Judge Mary Wertz. If you read the article in the Brown County Democrat a few weeks back, you are aware that the Brown County BZA approved a logging yard in a residential neighborhood. This is absurd. This sets a precedent for our county and would allow industrial parks in every residential neighborhood. This has to be stopped.

Financial Information – Dept Local Govt Finance (DLGF) Reporting Unit: “Brown County Regional Sewer District”

Website – Brown County RSD.

Current Events

Jun 15, 2021.  COUNTY NEWS: Sewer boards pledge cooperation; COVID level rises; spending plans

• The Brown County Regional Sewer District and Helmsburg Regional Sewer District boards have passed resolutions promising to work together to “combine some of their resources and manpower in an effort to secure funds” for wastewater projects.
• Studabaker also didn’t give specific answers to questions from two members of the public attending the virtual meeting about whether or not a sewer plant is still planned to be built on land that had been proposed for it along State Road 135 North in Bean Blossom, or if another plan would be executed.

  “All options are on the table,” Studabaker repeated.

Mar 23, 2021.  COUNTY NEWS: Sewer district website; 

• After more than two years of attempts and progress, the Brown County Regional Sewer District has an online presence.  The board has been trying to get the site up and running since the summer of 2018, (Ref: March 23, 2021,  BCD, County News: Sewer District Website.)

Mar 23, 2021. All options on table: Regional sewer plan being discussed By Suzannah Couch

• Discussions – Helmsburg RSD, BCRSD, Lake Lemon Env Coop

Dissolution of the BCRSD – For and Against

• Oct 20, 2020. Letter: Vote Republican if you want clean land and water by Robyn Rosenberg
• Oct 13, 2020.  BCD, Letter: Sewer district is ‘a solution in search of a problem’ by Kevin Fleming
• Sep 29, 2020. BCD.  Letter: In response to call to ‘dissolve’ sewer district board by BCRSD Board Members. To the editor: Your Aug. 5 edition published a letter to the editor titled “Local Democrat Party candidates adopt platform” …
• Aug 5, 2020. Letter: Local Democratic Party candidates adopt platform – calls for dissolution of the BCRSD:   “We believe there is no useful purpose served by the existence of the Brown County Regional Sewer District, and it should be dissolved. No proof supported by observation of empirical evidence shows good cause to force county homes and businesses off of septic systems already installed. The Hometown Engineering report determined that no new sanitary sewer system is economically feasible without wide-scale hookup.”

BCRSD Board meets the second Tuesday of every month at 6:00 p.m.  Notes from the meetings available at the Facebook Group – Brown County Matters.

Sep 15, 2020. BCD. Lake Lemon homeowners seek help from sewer district By Suzannah Couch

• Herndon said that the need for sewer in the Lake Lemon area may be greater than the need in Bean Blossom because when the water rises in the lake, effluent from septic systems goes into it. … “We want to figure out a way where we’re not waiting another five years to try to get sewers,” he said.
• Resident Tim Clark also attended the virtual meeting on Sept. 8. He asked the regional sewer board if they had a percentage of people who supported bringing a sewer system to the Bean Blossom area, like members had suggested to the Lake Lemon cooperative. … “The letters of interest for the Bean Blossom project were from 1998. Has there been any effort to update those to see what current residents think?” he asked. … Project engineer Gary Ladd said the letters had not been updated.

Aug 11, 2020 –  BCRSD Guidance on Finance Controls

• Resolution 2020-01 Internal Control Standards
• Resolution 2020-02 Materiality Threshold

March 2020.  Brown County Wastewater Infrastructure Strategic Planning Study

• March 2019.  IN Advisory Commission March 2019 Indiana’s Unsewered Communities

History

In May of 2013, county health department employee and then-commissioner John Kennard alleged that there was “an environmental nightmare” in Bean Blossom.  His claim served as the premise to establish a county-wide regional sewer district, a proposed sewer project for Bean Blossom, and an aggressive septic maintenance program that would need to be supported with an ordinance.

• Brown County Democrat May 1, 2013.  “Brown County Commissioner John Kennard called Bean Blossom an “environmental nightmare” due to many failed septic systems in the town located north of Nashville. The comment came during discussion of forming a countywide sewer district. Kennard said the purpose of the district would be to increase the chances of Bean Blossom acquiring a grant to pay for installation of a sewer system for the town. Commissioners voted 3-0 to pursue formation of the district, which could include a septic maintenance program.”

A new ordinance was passed by the commissioners in 2013, successfully challenged in court, and rescinded in 2015.  Mr. Kennard, in addition to the proposed new 2020 ordinance, led efforts to develop a new ordinance in 2017 and 2018. These versions were considered by the Health Board, opposed by citizens, and disapproved by the commissioners. Clint Studabaker, vice president of the Brown County Regional Sewer District Board, has also been a significant contributor to the proposed 2020 ordinance.

• Brown County Matters – Facebook Post – Feb 19, 2020, Commissioner Meeting-Proposed Ordinance

• Proposed New Septic Ordinance and Past Efforts – For the Record

Since May 1, 2013, there has been no documented evidence that supports the claim of an “environmental nightmare” in Bean Blossom. The January 28, 2020 article in the Democrat – “Stream Sampling: Where’s the contamination coming from?” does not support the allegation of contamination caused by failed septic systems. To quote: “Is E. coli found in local waterways coming from humans or from animals? Short answer: We don’t know yet.”

2017/2018. Further, the past two Brown County RSD Board presidents – Evan Werling and Judy Swift- Powdrill acknowledged that there was no documented evidence of failed septic systems that would validate a need for a new sewer plant in Bean Blossom.

BCRSD Board. At their Feb 11, 2020 board meeting, Brown County Regional Sewer District (BCRSD) board members acknowledged that they did not know of any evidence of failed septic systems in their district.  Current board President Mike Leggins stated that Brownies Restaurant in Bean Blossom closed as a result of a failed system. Septic systems designed for commercial use are approved and inspected by the State.

Commissioners.  At their meeting on Feb 19, 2020, Brown County Commissioners (Diana Biddle and Jerry Pittman) also acknowledged that there is no documented evidence of failed septic systems in the county.

Cordry and Sweetwater Conservancy.  The conservancy has a septic system management plan and no issues with water quality.

More Information:

• Regional Sewer Board – Bean Blossom Sewer Project – For the Record – Includes the detail from June 2018  (Project Launch) to Present.

• Update – Bean Blossom Sewer Project

I can’t think of a more important issue regarding our cost of living and quality of life than the decisions that are and will be made regarding wastewater treatment strategies.

The best decisions are the result of transparency, effective processes (habits) and citizen awareness of the overall process.  Ideal outcomes result from policies, ordinances, and plans where everyone benefits, or at least, are not any worse off in the long-term.

In December 2019, the Brown County Regional Sewer District received a $118, 000 grant to fund the development of a  Wastewater Infrastructure Strategic Plan.

• Jan 28, 2020, BCD, Sewer board earns $100,000+ grant to do wastewater plan by Sara Clifford
  • The cost of the grant-funded project will be $118,000. It required a 10-percent match — $11,800 — which came out the Brown County Redevelopment Commission’s remaining budget at the end of 2019.
  • Brown County Matters – Facebook Post on the award of the grant

In January 2020, the BCRSD issued a Request for Proposals (RFPs) that will be used to select the contractor for this plan.

• BCRSD RFP Request Document January 2020 – Wastwater Infrastructure Strategic Plan

Also in January 2020,  a wastewater treatment regionalization study was completed that identifies options for the size and location of treatment plants but not options regarding technologies.

• FINAL REPORT  (received and posted Feb 7, 2020)- Preliminary Engineering Report – Regional Assistance Program.  
  • Summary: “Based on the analysis completed in this report, it appears that is most cost-effective to construct two regional plants to serve the areas under consideration. Table 6-11, following provide the cost and effective analysis of the various alternative combinations considered.”

Determining the optimum wastewater treatment options (septic systems and sewers) for the county cannot be determined until after the strategic plan is completed.

Consequently, the proposed Bean Blossom Sewer project should be “paused” (no more spending) until the wastewater strategic plan is completed.  As of February 2020, $200,000 of the $270,000 provided by the county council, has been spent.  Land for the plant has not been acquired nor have the 190 required easement agreements been obtained.

The BCRSD has asked to acquire land deeded to Parks and Recreation.  If land for a plant could not be obtained from property owners over the past “20 years”, how difficult will it be to acquire the needed easements?  Of the 240 potential customers, how many have submitted a letter of support for this project?

Do we need a Brown County RSD?

The regionalization study calls in to question the need for a “county-wide” regional sewer district (RSD).  Multiple RSDs that include Helmsburg and Gnaw Bone that have a proven track record of successful operation, maybe the best solution for the county.

• The Gnaw Bone RSD Board requested that board members be elected by those being served by the RSD. Their request was approved by IDEM.
• The Helmsburg RSD Board has also requested elections and will likely be approved.
  • The Helmsburg community has also formed a Community Development Corporation (CDC), established an economic development area and developed its own economic development plan. More information:

    Helmsburg Revitalization – Community-Led

• A “decentralized” approach for county leadership was identified in the draft 1993 County Comprehensive Plan. This plan was not approved by the commissioners at the time. (See Hamlet and Rural Village Development).

Brown County Regional Sewer District – For the Record

• The documentation for transitioning the Bean Blossom RSD (established in 2006) to the Brown County RSD(2016)  is provided in the Regionalization Study, Exhibit 1.