Last updated: Aug 22, 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.”

Brown County Leader Network (BCLN) – Concept and website.  The Brown County Leader Network provides methods and tools for supporting improvement that leads to a more perfect Union, county, and community.   (Context, supporting information – Success Through Quality).

Aug 21, 2022. Fading Smile of a Dying Empire – Burning Platform

• • “Choosing your allies and forming local communities of like-minded people with the skills to survive and thrive in the world created after the coming conflict is resolved, is all you can do at this point. “

Aug 19, 2022.  Gen. Flynn: It’s Time to Activate Every Single American – We Must Take Immediate and Necessary Action By Michael Flynn, The Western Journal

Nov 21, 2021 – Brown County Freedom Rally – My speech – Freedom Rally, Brown County Indiana, 2021_11_21_2 FINAL Speech Freedom Rally. 

• • Oct 21, 2022.  Current Times, End-Times, Better Times – A Way Ahead

Jan 19, 2020. Is America in The Midst of a Cold Civil War?

Last updated: Feb 2, 2022  

Jan 23, 2023. Approved Budget. Brown-230110-2023-County-Budget-Order

Oct 24, 2022.  County Council Budget Approval.  The Council approved the proposed budget that is due by Nov 1, 2022.  The Department of Local Government Finance (DLGF) reviews, makes any needed adjustments and then approves.  The final budget is published in Jan

• • 2023 Budget Worksheet 2022_10_24
  • 2023 County Budget Proposed 2022_10_24

Premium Pay – ARPA Funded. The commissioners and council had previously approved premium pay of $2.00 an hour over a three-year period (about 12K total).   There are 47 Employees who are receiving the premium pay and 135 who did not. The ones who received premium pay were those who were continuously exposed throughout Covid,  (what is being referred to as boots on the ground).  Given accounting issues, this option will need to be “re-structured” to include all employees and will exclude elected officials.

Councilmen and Commissioners also received a $1,000 payment funded from a different appropriation.

Request for information (RFI). I have asked for the auditable accounting reports associated with the ARPA funds/premium pay and Health Insurance budgeted and actual costs.

Oct 17, 2022. Council Meeting. The next meeting to finalize the budget will be on Oct 24, 2022, 6:30 p.m at the Brown  County Fairgrounds, Exhibit Hall 802 Memorial Drive.  The 2022 projected year-end balances can be used to offset the estimated deficit for 2023. This along with other reductions expected to result in a budget that will be accepted by the State.  Per Councilman Dave Redding, the 2023 Budget has been one of the toughest to balance in recent memory. Given the economy and inflation, balancing budgets may be a recurring challenge.

Aug 31, 2022.  What to cut? County council begins work on 2023 budget, adoption scheduled later this fall

• • The county council will meet on Sept. 12 at 6:30 p.m. for the budget hearing and members are expected to make cuts to requests then. 

County Council – Budget Hearings – Aug 16-18, 5:00 p.m – 8:00 p.m. Additional hearings will continue in September and October. The final budget is due to the State by Nov 1.

• Next Steps. The Council needs to reduce the budget to eliminate the deficit.  In the past, the commissioner’s budget accounted for the majority of the reductions.

The primary revenue sources for county government are income tax and property tax.  The county also receives revenue from the gas and excise taxes that fund road maintenance.

• • Department Local Government Finance (DLGF) – Budget Related Reports and Information – Brown County

• • Citizen’s Guide to Property Tax – Assessment Process, Budget Process, Property Tax Bills

The Overall Process:  Councilman Critser shared his experience that the State always underestimates the revenue available to the county from income tax, property tax, gas, and excise taxes. The county also routinely underestimates expenses.  The budget always gets “balanced” per statute by Nov 1.  During the year, when expenses exceed budget, the needed changes (new appropriations and transfers) have to be advertised in the paper and approved by the council. The state also holds back county funds in cases of emergencies.

• • State Board of Accounts Section K “County Council Meeting”  There shall be a meeting of the county council not later than the last meeting in September, of every year, for the purpose of fixing the rate of the tax levy and making appropriations. [IC 6-1.1-17-5]
  • The Ordinance for Appropriations and the Ordinance of Tax Levies must be read upon at least two (2) separate days before adoption. [IC 36-2-5-11] Therefore, the council must be in session for at least two (2) days at the regular annual meeting.

• Budget Consultant.  One of the key worksheets (below) that kick off the discussion is provided by the county’s consultant, Jacque Clements, Association of Indiana Counties.  The following “Worksheet” identifies the funds that the State Reviews. 2022 County Budget Worksheet
  • Terms and Acronyms on the Worksheet:
    • CCD – Cumulative Capital Development Fund.  A remonstrance was filed against this tax increase in 2022.  What is the status?
    • Mental Health Obligation Fund (Health). Required by statute.
    • Development Disabilities Budget – optional.
    • Bond $2.  The 3 million capital improvement loan (debt).
    • Jail Bond. – Mortgage payment on the Jail. (debt).
    • Cumulative Bridge Fund (Cum Bridge).

Indiana Fund Types and Fund Numbers – Chart of Accounts – 2021. (PDF. 2021-AIM-BudWrkshp-May2021-FINAL-LIVE)

Budget Deficit. The current draft of the budget is indicating a deficit of $943,970 (see Worksheet). The first drafts of the 2023 budgets submitted by the respective departments identified an increase of approximately $1, 026,100.00 or a 5.7% increase from 2022.  Council members are provided a “budget book” that identifies the requested budget for the next year, the current year’s budget by Department (fund manager), what has been increased, and what has been reduced.  The projected end-of-year balances for the current year are also helpful.

• • A Budget Books is available to the public at cost – generally around $14-16 dollars.
  • During the hearings, the council has asked for additional information to include reviewing the budgets for the past few years going back to 2020. This should help identify savings and trends in expenses.

Unfunded Requirements. There are always unfunded requirements.  It helps to separate the “essential costs” (must-haves) from the costs of the “good to have if there is money”  items.  An easy way of planning for unfunded requirements is to ask the department to identify, justify, prioritize, and document their “unfunded requirements.” Then if money becomes available during the year, the council is not surprised and can be asked to fund the items based on county priorities.  For example, the council will cut expenses this year by about one million. Might be useful to maintain a record of what was cut.

County Comprehensive Financial Plan.   Unlike last year, the update to the plan was not available prior to the Budget Hearings. It is expected to be finalized within the next few weeks.

• • An ending fund balance of 15% is the recommended goal.  An opportunity for improvement in the county is to review these balances on a quarterly basis.
  • It was suggested that each council member be assigned to review the performance of one or more of the departments’ budgets (actual to expected spending) during the year.
  • Included in a quarterly or semi-annual review would be a review of the status of meeting the 15% funding balance objective.

• Performance Plans. The county does not have a formal plan where departments identify their vision (ideal/desired outcomes), goals, objectives, and accomplishments.  An exception is the Highway Department for Roads and Bridges.

• • Brown County Leader Network (BCLN ). The BCLN supports methods for making systemic improvements by reducing variation. Variation is a natural part of creation and represents the gap between the ideal or target and the actual situation.  The quality profession through the Taguchi Loss Function has validated that the closer any product or service gets to the ideal/target, the higher the quality (more needs met) and the lower the cost (tangible and intangible) to the individual and society (community).
  • System and Process Capability.  I would assess the county’s budget process at a Level 2 – meets basic requirements.

Health insurance has been the most problematic (unpredictable/out of control) expense. Brown County opts to be self-insured which adds risk. The county is liable for the first $60,000 (?) of expense per person and is reimbursed for costs over this amount. Like any other insurance, higher expenses increase insurance costs.   

• • Actual expenses have routinely exceeded what has been budgeted.  (600K last year, 400K this year).  Changes have been made this year and were expected to result in significant budget savings. Savings are not reflected in the first version of the submitted budget thus the request for additional information from prior years.  The  “savings” could contribute to reducing the need to increase the funding while not reducing the budgeted amount from the previous year.
  • County and Brown County Schools – Health Insurance – For the Record
  • Conflict of interest?  A few years ago, the commissioners and council extended the health insurance benefit to cover part-time employees including themselves. Not all of these elected officials have opted for the coverage.  The health insurance cost and benefits would likely be considered among the best in the country. In 2022, Councilman Dave Redding led efforts to make needed changes in order to better manage risk and costs.

• Tax Increase. The increase in the property tax rate is determined by the Maximum Levy Growth Quotient (MLGQ). The estimated amount to be generated from the allowed higher tax rate is $176, 574.00. (Calculation is the MLGQ of 3,708,061 minus Normal Maximum Levy of 3,532, 487.)  This increase is “optional.”  The council has to vote to accept. In the past when Keith Baker was president of the council, the allowable increase was not accepted every year.

• • “A tax rate is the percentage used to determine how much a property taxpayer will pay. A levy represents the total amount of funds a local unit of government may collect on a tax rate. In other words, the levy is a cap on the amount of property tax dollars a local government is allowed by law.” Ref: Indiana Gov FAQ

Tax Policy and Revenue Source.  Counties have the option of allowing for relying on revenue from income tax or property tax but not both.  Brown County opted for the local income tax (LIT) option.

• • Brown County doubled the income tax rate in 10 years and recently shifted to freezing the income tax rate and shifted to relying on property tax.

• • The maximum state income tax rate is 2.5% BUT the law allows for increases based on a growth quotient.  Some counties have an income tax rate of over 3%.
  • Brown County’s income tax rate (0.025234) is among the highest in the state but is among the lowest on the property tax rate.
  • Tax Rates by Indiana County

Cost of Living Increases.  County employees have been receiving cost of living increases that have ranged from 1-3%. It was 3% last year and likely this year.  There have been years where no increases were provided.   The council (Dave Critser) has estimated that the cost at one percent is about 35K.

Retirement Buyouts.  The county offered employee buyouts this year.  The cost (15k?) was anticipated to be funded by the respective reduction in payroll costs as a result of the temporary vacancy.  Many of the vacant positions have been filled.  Some offices (Auditor) chose to re-distribute the workload and pay stipends vs hiring a new person.

• • Savings can be identified by the reduction in payroll costs from the prior year.
  • A report on the results of the strategy has not yet been published.

Salary Increases.   Departments can ask for higher grades and salaries.  They need to do this is no later than the June Council meeting. The County approved several increases for the Sheriff’s Department and the Court. When considering the increases, the “total costs” including benefits, retirement, social security, etc are often not identified. These costs do become a factor in the budget.

American Rescue Plan Act (ARPA) Funding Spreadsheet. ARPA Spreadsheet

• • Covid Premium Pay – ARPA funds.  The county approved $700,000 for a $2.00 an hour increase for the “essential” county employees that worked with the public during Covid.  This will be paid out over 3 years.  These employees will not get the projected 3% cost of living increase during these years and would need a “9%” increase in year four to bring their salaries up to the respective current rate.  How will this be budgeted?
  • County Offices receiving ARPA and the 3%

Debt. The county also routinely maintains a debt (Increased from 2 million to 3 million to cover operating expenses and capital improvements (infrastructure) costs. The 3 million dollar loan was approved in 2021.

• • County loan priorities need under discussion By  Sara Clifford, August 15, 2021.

    • So far, it sounds like a lot of it is being budgeted for paving — possibly as much as $1.6 million, which, at current materials prices, would allow about 12 miles of roads to be paved per year. 

    • The $3 million loan would replace a $2 million loan from 2018 which was to be paid off this summer. Biddle told the council that the new tax rate would be more than it is now, but slightly less than it was in 2020.
    • The tax rate was 0.0979 in 2020, 0.0797 in 2021, and is estimated to be 0.0969 in 2022 with the loan factored in, said Kaitlin Cheek who works for the county’s financial adviser Baker Tilly.

Capital Improvement (Asset) Management Plan.  The county does not publish a plan to cover needed capital improvements (infrastructure) costs.  Capital Improvements include maintenance, repairs, and replacements.  The county currently has 14 buildings. Consequently, expenses that could have been anticipated and budgeted come as a surprise during the year.  The council has identified the development of a plan as a priority for 2023.

Leases. A published plan is also needed for leases that would include technology. Total leased amounts can exceed a million. The Sheriff’s office has at least one 10-year lease at a cost of $500,000.

• • A rationale for  “No Plan.”   A plan identifies expected infrastructure repair and replacement costs.  An item could include parking lot paving, roofs, boilers, generators, air conditioning units, etc. For example, this year, over 500K was identified (a surprise to the council) as being needed to replace air conditioning units at the Jail.  When anticipated expenses can be ignored,  then funding can be spent on other favored initiatives such as additional healthcare-related benefits. For example, the Health Clinic benefit was expected to result in at least a 2-1 return on investment. This has yet to be achieved. No report on the status has been published.
    • Commissioner Pittman identified 40 million dollars in unfunded costs for roads and bridges. County roads with high traffic typically need re-paving on a 10-year basis.
    • Gas and excise taxes contribute to road and bridge maintenance.  Other funding sources are Community Crossing grants (up to a million a year?) and taxpayers. For example, on the 3 million dollar loan, the “hope” was that 1.6 million could be spent on roads.  What percent if any, is going to roads?

Grants and Risks. County also manages a variety of grants. The grants and amounts are not published but need to be managed. Failure can result in the county having to pay back the grant.

Convention Visitors Commission (CVC) Budget and the Brown County Music Center (BCMC).  Revenue from the innkeeper’s tax is expected to be around 1.2 million.  The mortgage (500K a year?) is paid through the Brown County Building Corp.  Profits can also be applied to the mortgage and other operating expenses. Any excess profits go to the Community Foundation (70%) and then the county (30%). The county received 54K in lieu of property taxes (which are not required on a government building).

• • 2023 CVC Budget Submission
  • 2022 CVC Budget Submission

In 2022, the county also provided a 239K subsidy. (GUEST OPINION_ What’s been happening with your county’s finances – Brown County Democrat,)

The BCMC also received about 2.7 million in federal grants.  In 2023, the Convention Visitors Bureau (CVB) receives $712,500. The CVB budget identifies $225,000 in salaries, 58,000 in rent, and 417,000 – for Other – which would include marketing.

• • Options?  Can more of the innkeeper’s tax revenue be used for the mortgage and operating expenses and would this lead to an increase in profits?  Could the Admin Agreement be changed so that 100% of the excess profits could be used by the county for roads and bridges?   On the CVB and marketing, Social Media has become the primary means for advertising. The CVB was created in 1984 when Print, direct mail, TV, and radio were among the advertising options.  Can the CVB be self-supporting? They own the visitors center. If not, what would be the minimum financial requirement?
  • The BCMC is managed by the Maple Leaf Management Group. The group includes one commissioner and one councilman.  Updates by these representatives have not been (but can be)  provided at commissioner and council meetings. These representatives are accountable to the voters.

Additional Information

• • Indiana Gateway – Glossary of Terms
  • Indiana Code 6-3.6-11-1. Applicability; use of former tax to provide levy freeze; levy amounts; income tax distributions
  •  Local Option Income tax (LOIT) – Umbaugh. General Information
  • Examples: Capital Improvement Plans and Budgets

IU –  SPEA MPA Students Reports – Brown County Government – Financial Decision Support

• • IU SPEA/MPA – 2019 – 2021 Projects

    • 2017 Student  Report – Covered by the Brown County Democrat with links to the full report. Report: Local taxes, job options need further scrutiny By Sara Clifford/Brown County Democrat
    • 2018 Student Report. Brown County Democrat, IU students discuss how data can guide county’s financial decisions By Sara Clifford
      • Student Report: BROWN COUNTY FINANCIAL DECISION & SUPPORT MODEL Forecasting and Database Management
    • The Initial Research Questions for the Projects
      • 2017 Concept County Financial Decision Support Model
      • 2018 County Financial Decision Support Model Data Sets

• 2019 County Budget Hearings – Debt, Taxes, Revenue, Future

  • Aug 27, 2018. Presentation – Umbaugh and Associates – Basics of Local Govt Budgeting Umbaugh

• 2020 County Budget Hearings

• 2021 County Budget 

• 2022 County Budget

  •  Budget Guidance is being issued and budgets by Department are due to the Auditor by June 9. Budget reviews are scheduled for Aug 17, 18, 19, 2021.

• • May 18, 2021, BCD. Cumulative Capital Development Tax rate change delayed by Suzannah Couch 

 Updated: Aug 24, 2022

Variation is a natural part of creation. It can be defined as the gap between an ideal and an actual situation. An ideal situation represents a standard of perfection—or the highest standard of excellence. In a biblical worldview, God has defined the ideal and is the moral authority. In a secular worldview, “man” defines the ideal and determines what is right and wrong. Regardless of a belief in God, variation is a constant. ASQ: Law of Variation 

New Atheism. New Atheism advocates the view that superstition, religion and irrationalism should not simply be tolerated. Instead, they should be countered, criticized, and challenged by rational argument, especially when they exert undue influence, such as in government, education, and politics.^[3][4] Major figures include Richard Dawkins, Sam Harris, Christopher Hitchens and Daniel Dennett—collectively known as the “Four Horsemen”, and Ayaan Hirsi Ali, known as the “plus one horse-woman”.

On 6 November 2015, The New Republic published an article entitled, “Is the New Atheism dead?”^[15] The atheist and evolutionary biologist David Sloan Wilson wrote, “The world appears to be tiring of the New Atheism movement.”^[16] In 2017, PZ Myers who formerly considered himself a new atheist, publicly renounced the New Atheism movement.^[17]

The book The Four Horsemen: The Conversation That Sparked an Atheist Revolution by Christopher Hitchens, Richard Dawkins, Sam Harris, Daniel C. Dennett, 2019.

• •  The Four Horsemen HD: Hour 1 of 2 – Discussions with Richard Dawkins, Ep 1

  • The Four Horsemen: Hour 2 of 2 – Discussions with Richard Dawkins, Ep 1

     The God Debate 

Jordan Peterson vs Susan Blackmore • Do we need God to make sense of life?

• • Jordan Peterson – “Lives his life as though God exists” to the best of his ability – belief reinforced by how you act, not what you say.  He acknowledges that he is a religious man; Judeo-Christian worldview ethics has a significant influence on western culture
    • Archetype – a pattern of behavior grounded in biology – the behavior itself.
    • Critical of the new atheists, Sam Harris, Daniel Dennet, and Richard Dawkins. They do not take it seriously enough, they do not contend with the great thinkers ( Nietzsche, Dostoevsky) …
    • The Judeo-Christian ethic-based systems work quite well … (24:57) predicated on the sovereignty of the individual in relationship to the state …that is fundamentally religious in its essence – predicated on honest speech – these are religious predicates …
    • Two definitions or aspects of religion – dogmatic  (Blackmore) or spiritual. (Dogmatic – Asserting or insisting upon ideas or principles, especially when unproven or unexamined, in an imperious or arrogant manner.)
  • Susan Blackmore – Christianity did not make sense to her …; religion a virus of the mind.  Virus — (mindset) –  on balance, the world would be better off without religion …. but religions have positive benefits, good qualities
    • Archetypes are a given. A Meme is that which is imitated or copied.
    • Applauds the majority (based on polls) of the country (England) are not religious
    • “Accept meaninglessness and ultimate emptiness of everything” as a way of life
      • (Nihilism – The doctrine that nothing actually exists or that existence or values are meaningless. Relentless negativity or cynicism suggesting an absence of values or beliefs.)
    • Peterson: “A miracle for you” — “… Therefore render to Caesar the things that are Caesar’s, and to God the things that are God’s.” Mathew 22:21 ESV
    • Final Question: “Do we need God to Make Sense of Life?”
      • Susan Blackmore: “Absolutely not.”
      • Jordan Peterson: “God (whatever you are following, the hierarchy of your values)) is what you use to make sense of life”

Christopher Hitchens vs. Dinesh D’Souza

Sam Harris vs William Craig

Jordan B Peterson & Sam Harris 

• • • “I act as if there is a God” – Jordan Peterson
    • Sam Harris – Ethics deals with right and wrong: Religion with Good and Evil 14:25

Additional Information

Other than the Apostles’ Creed, the Nicene Creed is likely the most universally accepted and recognized statements of the Christian faith.

Updated Sep 16, 2022 

Sep 14, 2022. Post shared on the Facebook group –  Brown County Matters.

Aug 11, 2022. Post shared on the Facebook group –  Brown County Matters

• • School Referendum – follow-up. I received the additional information from the State (DLGF) and Brown County Schools.
  • Spending Plan for the revenue expected from the new tax submitted to the State (DLGF): Estimated Annual Revenue: $1,892,512. Expenditures: Teacher salaries and benefits: $1,419,385 (93%); CRC: $157, 709; “NEW” Birth to 5 program: $157, 709. Operations Fund: $157,709.
  • The average property tax increase paid to the school corporation per year will increase by 33.91% for residences and 20.91% on business property.
  • Of the approximately 291 school districts in Indiana, only 8 are pursuing a referendum on the Nov 2022 ballot. A total of 14 districts pursued a referendum in 2022.
    
    o. Note on pay levels – for county employee salaries, the County Council and Sheriff’s Department developed studies to validate the appropriate amounts and shared them at public meetings. The studies included comparisons with other counties of our size and surrounding counties. I have not seen the equivalent studies and comparisons respective to local teacher salaries.

August 2022.  NEW – Schools website advocating for the Referendum 2022

• • • Key Points:
      •  Spending Plan for the revenue expected from the new tax submitted and approved by the Indiana Department of Local Government Finance (DLGF): L
        • Estimated Annual Revenue: $1,892, 512. (over 8 years –$15,140,096.00).
        • Expenditures:
          • Teacher salaries and benefits: $1,419,385.
          • CRC: $157, 709;
          • “NEW” Birth to 5 program: $157, 709.
          • Operations Fund: $157,709.
      • The average property tax increase paid to the school corporation per year will increase by 33.91% for residences and 20.91% on business property. 
      • Of the approximately 291 school districts in Indiana, only 8 are pursuing a referendum on the Nov 2022 ballot. A total of 14 districts pursued a referendum in 2022 
      • Note on pay levels – for county employee salaries, the County Council and Sheriff’s Department developed studies to validate the appropriate amounts and shared them at public meetings. The studies included comparisons with other counties of our size and surrounding counties. I have not seen the equivalent studies and comparisons respective to local teacher salaries.

Background Information and Index – 2022 School Referendum – For the Record

Department of Local Government Finance (DLGF) – Referendum Information

• • DLGF Email Response to RFI
  • There are 291 School Districts in Indiana.  Trend on  School Operating Referendums since 2009. 

November 2022 Elections – Brown County

May 31, June 7, and June 14, 2022. The superintendent’s presentation and justification for the referendum shared with the public and provided at the three information sessions . Referendum Community Meeting Slides.   (Ref: ‘We need your help’: Community meetings discuss referendum, future of school district By  Suzannah Couch, June 14, 2022)

• • July 19, 2022. Information shared with and approved by the Brown County School Board. This information was supplemented with the documentation required by the Department of Local Government Finance (DLGF). (Ref: School board approves operating referendum question on ballot this fall By Suzannah Couch 
    
• Department of Local Government Finance (DLGF)
  • July 25, 2022.  Information was then submitted to and approved  by the Department of Local Government Finance (DLGF)
    • Findings and Final Determination on Proposed Ballot Question – Approved 25 July 2022
    • Auditor’s Certificate
    • Revenue Spending Plan – 8 years
      • Tax increase: – The average property tax increase will be 33.91% for residences and 20.91% on business property

Response to Request for Information  (RFI) provided by Superintendent Emily Tracy – Brown County Schools

Aug 25  – Aug 3 Email exchange with BC School Superintendent Emily Tracy

 Aug 10, 2022.  Email Response BC Schools Superintendant Emily Tracy for the information submitted to the School Board that supported their decision to approve the referendum.

Email Attachments:

• • BCS Did You Know_Info sheet
  • FINAL (1)Board Resolution
  • Certification and Request for Approval of the Local Public Question (1)

Copies of the Handouts that were provided at the Information Sessions on June 14, 2022. 

• • BC Schools Baker-Tilly Report – The Numbers. The Schools have a low tax rate compared to neighboring school systems (see page 4) and but not all schools opt for a referendum.  
  • BC Schools Early Education Handout
  • General info – Brown County Schools. See also their Website
• Aug 19, 2022. The information above does not include the superintendent’s presentation which which I received on Aug 19, 2022.  Referendum Community Meeting Slides

• May 25, 2022. Meetings set to receive input from parents, community members on proposed school referendum rate by Suzannah Couch – May 25, 2022

Brown County Regional Sewer District (BCRSD), Board Members: Clint Studabaker, Mike Leggins, Phil LeBlanc, Richard Hall, Matt Hanlon.  BCRSD Website

Brown County Regional Sewer District (BCRSD)- Meeting Notes, Aug 9, 2022.

o. RSD Consolidation?  The Helmsburg RSD (HRSD) Board has yet to sign a joint agreement with the BCRSD. The expectation of the BCRSD is that once this is signed, the next needed step is to consolidate boards.  At a previous meeting when I questioned having two RSDs on the same project, the answer was that this was an acceptable practice in the State.  Stay tuned.

o. The current project concept is for the BCRSD to be responsible for collecting the wastewater from all new customers and for the HRSD plant to process it.  Another option is for the HRSD to expand its board to include a representative from Lake Lemon and Bean Blossom. The BCRSD can be converted to an advisory committee.

o. HRSD Capabilities.  HRSD has a plant, current customers, and a new customer base at Lake Lemon whose residents support sewer service as soon as possible. The Lake Lemon conservancy consists of 520 homes. Helmsburg and Lake Lemon have valid needs. HRSD has agreed to provide sewer service to the Bean Blossom area.

o. The need in the Bean Blossom area is based on speculation and a desire by a few (including the commissioners) for service and development in the area. The BCRSD failed to acquire land for a plant in Bean Blossom (thus the need for service from HRSD) and will need approximately 190 easements from property owners. If legal action is needed to attempt to coerce residents to grant an easement through threats of eminent domain,  this will lead to delays and a probable defeat in court.

o. Background. The BCRSD was a name change from the Bean Blossom RSD. The Bean Blossom RSD was created when an agreement for service could not be worked out with Helmsburg. Bean Blossom had to expand their customer base to help justify funding. They also had to speculate as to need. The two previous presidents of the BCRSD resigned over the issue of the lack of validation as to need.

Presentation of the BCRSD Wastewater Strategy and Sep 2021 Watershed Study. The date is still To-Be-Determined (TBD).

Timeline. April 2023 is the target date for submitting an application for project funding. This requires the completion of the respective preliminary engineering reports (PERs). Both boards are now in the process of selecting contractors to develop their respective PERs and rate studies.

Contractors. The BCRSD received five responses to the RFQ. Two vendors (GRW and BLN) were identified for an interview that will be followed by a selection.  Interviews are tentatively scheduled for Aug 15, 10am to 3:00 pm timeframe.

Congress Adds “Community” as the 7th Category of the Malcolm Baldrige National Quality Awards

Baldrige – America’s Best Investment

Communities of Excellence 2026

Awards are given across six categories: manufacturing, service, small business, education, healthcare and non-profit.

In addition, the categories are organized into seven criteria: Leadership; Strategic planning; Customer focus; Measurement, analysis and knowledge management; Workforce Focus; Operations Focus; Results

Updated August 9, 2022

Facebook post at Brown County Matters

Aug 9, 2022. Part 1.2022 School Referendum – Political Aspect.  I found it interesting that the Brown County School leadership chose to take political action in 2021 that can be perceived as supporting a progressive left perspective in opposing Indiana’s education policies. These policies provide parents with choices that include Educational Savings Accounts (ESAs) and Vouchers.

Despite their opposition, the budget bill (2021) containing the school voucher language and ESAs overwhelmingly and with bipartisan support, passed the House 96-2 and the Senate 46-3. The budget bill also reportedly provided more funding for schools and teacher pay. Note that over 50% of the state’s general fund is dedicated to schools and the majority of schools in Indiana have not relied on a referendum.  

Brown County Voters n i2016 supported a referendum and may support it again. Why take on a policy with strong support by those with conservative and religious values? Republicans have super majorities in State government. In Brown County, Donald Trump received over 63% of the vote in 2016 and 2020. The school superintendent has identified that she “ will form a political action committee to educate and campaign in the community.”   

In Part 2, I will provide additional context regarding the national influences affecting local educational policies and practices. I have also submitted formal requests for additional information (RFIs) from the School and the Department of Local Government Finance (DLGF) regarding the referendum.  This process can take up to 60 days.

School Board – Opposing ESAs and Vouchers

Commissioner Meeting Notes, Aug 17, 2022.  2:00 p.m.

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 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  pedetrain crossing that provided access to the Knowbstone Trail.   Commissioner Pittman stated that he agrees with allowing a pedestrian crossing.

Next Step?  Commissioner can vote on the amendment to the ordinance allowing a pedestrain crossing and access to the trail.

• • Indian Hills Road Pedestrian Crossing Estimate 8-9-2022

Commissioner Meeting Notes, Aug 3, 2022.  Commissioner Pittman was absent. 2:00 pm – 2:45.

Audio of the Meeting 44 minutes

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.

Road Paving. 39:37 mark on audio. A citizen requested that Plum Creek Road be paved and requested some signage. The cost to pave a county gravel road is 300K a mile. To re-pave, a road costs over 100K a mile.

Helmsburg Sewer Projects.  Helmsburg Regional Sewer District (HRSD) board member Kyle Myers provided an update on several projects that the county is funding.

o. Helmsburg has bought additional property to support a plant expansion. They also received funding to extend the lines to cover two additional homes with the potential of adding additional customers.  However, given the demand for contractors, work may not begin until later in the year.

o. ARPA funds of 175K were approved previously by the commissioners to support repairs and a preliminary engineering report for upgrades. The HRSD is to provide invoices and the county will process the payments. Development of a preliminary engineer report has also been funded to identify requirements and costs for supporting an expansion to provide service to Lake Lemon and Bean Blossom.

o. The HRSD is also working on a grant to help reduce the monthly cost of sewer service from 92.50 a month.

Updated Oct 16, 2022  

Preface

Critical Race Theory (CRT), Diversity Equity Inclusion (DEI)/Equity Inclusion, Environmental, Social, and Governance (ESG), are among the many controversial initiatives dividing the country.   

Variation is a natural part of creation. Variation represents a difference between an ideal and an actual situation. (Ref: American Society for Quality, Law of Variation).  Strategies that create, increase, and sustain divisiveness increase variation. Reducing variation requires an analysis of facts, an assessment of processes and systems, understanding (not necessarily agreeing) opposing points of view, and finding common causes to problems that both sides could agree to help resolve. Outline of a Community Decision-Making Process.

• • Background information and Context – SuccessThroughQuality.com

  • Grades in School: Joy in Learning

 In a biblical worldview, God is the moral authority and defines the ideal as perfection – all needs are met – heaven on earth. In the American system of government, the ideal is continuous improvement towards “a more perfect Union.”  The concept has also been expressed as “self-rule under God. ”  By mercy and truth iniquity is purged: and by the fear of the Lord men depart from evil. (Proverbs 16:6 KJV)

• • In the area of quality, the customer defines the ideal.  For atheists and agnostics,  “man” claims to have moral authority and defines the ideal. 
  • In Marxist-based philosophies, satan defines the ideal that can be described as resulting in hell on earth.  

Within the quality profession, it has been proven through the Taguchi Loss Function that the closer a product or service (including government services and change strategies) gets to the ideal, the higher the quality and lower the cost (tangible and intangible) to the individual (customer) and society.  W. Edwards Deming reinforced a similar finding: “Anything less than optimization of the whole system will bring eventual loss to every component in the system” (W. Edwards Deming, The New Economics, p.53)

The variation principle reinforces the fact that actions motivated by a respective philosophy or worldview will produce different results.   The design of the U.S. Constitutional Republic was influenced by Judeo-Christian principles that support continuous improvement and a needed balance of power within government and between government and the citizenry.

The Brown County Leader Network supports a secular and non-secular approach to systemic improvement.  Presentation of the concept.

Cultural Changes – “man” is the moral authority

Black conservative group pens open letter urging schools to drop CRT, adopt 1776 Unites.  The Woodson Center’s 1776 Unites initiative aims to teach history, civics, and the founding ideals through an objective lens

• • Largest teachers union says critical race theory is ‘reasonable and appropriate’ for kids. The National Education Association has contradicted the progressive argument that CRT is too complicated to teach to K-12 students.

  • Brown County Schools teacher’s union is supported by the Indiana State Teachers Association  (ISTA) which is aligned with the NEA.  BCS has an “Equity and Inclusion (EI)” initiative.   See also: Nashville’s Human Rights Commission that has identified the intent to work with the schools in support of EI.

What Is Critical Race Theory? PragerU – James Lindsay. Have you heard of Critical Race Theory? If you haven’t, you will. It’s coming to a high school, college, or workplace diversity training session near you. What do you need to know about it, and what can you do to stop it?  Presented by James Lindsay – New Discourses

• • DEI (Diversity, Equity, and Inclusion)  is considered CRT in action.
  • DEI (Marxism) workshops are literally re-education camps, by James Lindsay

CRT in Education Indiana –  Legal Insurrection Foundation

• • CRITICAL RACE THEORY IN RHODE ISLAND. How parents and teachers can turn back the clock. By Jane Coleman  |   August 19, 2021

    • Leading the battle to uncover CRT in Rhode Island is one brave mother, Nicole Solas. She is a stay-at-home mom in the South Kingstown School District whose daughter was enrolled in kindergarten for the coming school year. Her story is covered in depth at Cornell Law Professor William Jacobson’s Legal Insurrection website.

UPDATE March 2022: The Indiana legislature failed to pass a ban on CRT despite a Republican supermajority in both houses.

• • Indiana has joined other states in fighting back against CRT in K-12 education. The Attorney General, Todd Rotika, issued a Parent’s Bill of Rights in June 2021. Meanwhile, the higher education system has embraced some aspects of CRT and shown support for BLM, with the Republican-controlled legislature remaining oddly silent on the issue. (CriticalRace.org is an ongoing project of the Legal Insurrection Foundation).

Educator Kali Fontanilla Spills the Truth About Education, Interview by  Jill Simonian  ⋅  May 02, 2022.  30.4k views. Kali Fontanilla, a former high school teacher in Salinas Valley, CA, quit her job after publicly denouncing the “leftist indoctrination” of students in California classrooms through ethnic studies programs. She talks with Jill Simonian of PragerU Kids to expose the underbelly of our current education system

BLEXIT’s Guide Against Critical Race Theory  – _Packet_Web_Final.2,pdf

• • Critical Race Theory (CRT) is a worldview or framework that proposes that all aspects of life must be explained in terms of racial identities. “Critical race theory combines progressive political struggles for racial justice with critiques of conventional legal and scholarly norms which are themselves part of illegitimate hierarchies that need to be changed.”1 In other words, Critical Race Theory is putting on a color lense at all times and looking at all areas of American life (political, legal, educational, you name it) through the lens of race with the intent to dismantle systems that are deemed “white supremacist”.
  • DEI: Diversity, Equity, and Inclusion- While the original dictionary definition of these terms may be positive, when viewed through the lens of Critical Race Theory and applied to our schools, they become discriminatory and damaging. DEI is Critical Race Theory in action. These terms will show up in teacher Professional Development trainings, where teachers will be taught to address, discipline, and evaluate their students differently based on the color of their skin.

In 2021, the NEA adopted a resolution that would mandate race-based ideological instruction in public schools across the country. … According to the resolution, the union intends to disseminate its own study that “critiques empire, white supremacy, anti-Blackness,  anti-Indigeneity, racism, patriarchy, cisheteropatriarchy, capitalism, ableism, anthropocentrism, and other forms of power and oppression at the intersections of our society.” The NEA specifically says that critical race theory is one of the methods that should be used to teach these topics in school districts around the country. Student scores plunging as educators politicize their lessons

New tool helps parents, students assess DEI ‘sickness level’ at schools. ‘If you can’t measure it, you can’t fix it’

Hidden camera: Educator boasts of ‘sneaking’ left-wing agenda into classrooms.

https://www.wnd.com/2022/09/hidden-camera-educator-boasts-sneaking-left-wing-agenda-classrooms/‘I just keep trying to disrupt wherever I can’

 CRT/DEI and Christianity

Like Marxism, Critical Theory is something of a Christian heresy, taking the Christian themes of human dignity and justice and a world remade, and re-orienting these causes under new management. Most pertinently, CRT is slipping into the space where the Church belongs but is too often absent. ….  Because, the best antidote for the failings of Critical Theory and its inadequate worldview is for the Church to understand and live consistently with the Bible. (Ref: Critical Race Theory and a Christian Worldview)

Critical Race Theory in the Church by Brandon Clay and Frost Smith on September 29, 2020

• • “Ultimately, the only way to deal with race issues is to proclaim the truth of God’s Word and the gospel, beginning in Genesis. Until people believe God’s Word revealing the true history of the human race, what our problem is (sin), and what the solution is in Jesus Christ, race issues will never be dealt with as they need to be. The fact is all humans belong to one race (Adam’s race), we are all one family, and all are sinners in need of salvation. We need to love our neighbors as ourselves (Mark 12:30-31) and we need to be reminded of how Jesus taught us as Christians to pray, “and forgive us our debts, as we also have forgiven our debtors” (Matthew 6:12).”

  • Three Biblical Problems with Critical Race Theory. How CRT affirms a non-biblical category of race, promotes ethnic discrimination, and promotes a false religion opposed to biblical Christianity

  • Dr. Voddie Baucham Hits Critical Race Theory, Says … – Christianity Daily.  Apr 7, 2021In his talk about Critical Race Theory (CRT), Dr. Voddie Baucham maintained that the Gospel remains to be the “answer and solution” to racism. In a recent interview with Faithwire, Dr. Voddie Baucham expressed his concern with how the CRT worldview has crept into churches, thereby influencing Christianity’s concept of social justice.

  •  Addressing Diversity, Equity and Inclusion – Association of Christian Schools International (ACSI)  Nov 3, 2020.  Addressing Diversity, Equity and Inclusion (DEI) in the Christian School. The title of this article may have already stirred some emotional response in the reader—topics of diversity often do. As Christians, we can develop more understanding, compassion, and empathy for any group, while  holding fast to our biblical worldview and Christian practice. In fact, I believe our faith in Christ encourages us to show God’s love to all people, even if we disagree with them.

State of Indiana – Office of Equity, Inclusion (EI) and Opportunity

Brown County Schools

• • School Board – Opposing ESAs and Vouchers.  Resolution supported by the Brown County Educators Association (local union), the Superintendant, and School Board.  The teachers union is represented by the Indiana State Teachers Association (ISTA) that is aligned with the National Education Association (NEA). NEA supports Critical Race Theory (CRT). 
  •  ‘Be a listening ear’: Teacher is new equity and inclusion coach. On Jan. 21, the Brown County Schools Board of Trustees approved Helmsburg Elementary School teacher Malini Stiles as the equity and inclusion coach for the district. … This is a new position that educators wanted to include in this school year’s teacher contract

  • SUPERINTENDENT’S CORNER: Students for Equity maps goals for school community Staff Reports – November 3, 2020.  This week, it felt appropriate to yield my column space to student voice. As such, I present this column written by the Brown County High School Students for Equity Club, a student-led club working to advance equity and inclusion across our school district. 

  • ‘Holding our students accountable’: Group approaches school board about policy for hate speech, symbols Suzannah Couch – May 19, 2021. The school board has been asked by a group of Brown County High School students to consider implementing a written accountability plan to address hate speech and symbols in the school district.

    • There is no legal definition of hate speech in United States law, but …  generally “any form of expression through which speakers intend to vilify, humiliate, or incite hatred against a group or a class of people on the basis of race, religion, sexual identity, gender identity, ethnicity, disability or national origin.”
    • “Hate speech and symbols, or any language that is derogatory or offensive to certain groups of students, greatly intrudes on the learning environment by isolating and attacking groups of students for their identity, factors they have no control over in their lives,”

Town of Nashville, Brown County Indiana  proposed Human Rights Commission Ordinance

• • The American Civil Liberties Union (ACLU) Human Rights Program (HRP) is dedicated to holding the United States accountable to international human rights laws and standards as well as the rights guaranteed by the U.S. Constitution.

Other

Back To School: If You Can’t Change Your School, Do These 5 Things Instead BY: JILL SIMONIAN

• 1. Examine Emergency Forms; 2. Opt Your Child Out of SEL, Sex Ed, and DEI; 3. File a FOIA Request Now; 4. Volunteer in Your Child’s Classroom and Library; 5. Don’t Waste Driving Time

What is ESG? ESG refers to the Environmental, Social and Governance (ESG) information about a firm. There is growing evidence that companies that take their environmental and social responsibilities seriously perform better financially. This has naturally made investors sit up and take notice. (Ref: World Economic Forum)

DeSantis announces plan to combat ESG influence in Florida

• • “It takes power away from the American people and lodges it into these international corporate titans. And that’s not, I think, what our Founding Fathers ever intended,” he said.
  • In terms of ESG influence, DeSantis said asset managers will require extreme environmentalism to be considered along with typical fiduciary responsibilities.
  • “They will require ESG. The companies themselves will do it,” he said. “I think there’s a couple of reasons. I mean, I do think part of this is there’s woke employees in these companies and the inmates have basically run the asylum. So some of the CEOs bend to that.”
  • Fully implementing ESG governance into the U.S. financial or agricultural sector would throw the nation into chaos, DeSantis suggested– predicting a “disaster” for the U.S. economy.

Updated June 1, 2023  

 Additional Background Information

• Part 1: Closure – Railroad Crossing – Indian Hill Rd
• Part 2. Closure RR Xing, Indian Hill Rd. Opening up the Tecumseh Trail

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

• Tecumseh and Knobstone Trails and Maps

  • 1/3 mile connector — Tecumseh to BCD.
  • Belmont re-route for SR-45 safe crossing. 
• RR Crossing Inventory Reports – Indian Hill Rd and the crossing in Travlac
• An example amendment to the crossing closure ordinance presented to the Commissioners by the KHTA.  Both parties – KHTA and Commissioners,  acknowledged that this would need to be reviewed by the County Legal Council – Mike Moga that attended the meeting via phone.
  • KHTA Suggestions for Review —  Amendment to Resolution to Close the Crossing

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

• • This post at Brown County Matters. Scott Rudd has made the moral argument for re-opening the crossing. I “hope” those involved in the decision to re-open will do the right thing.   I’ve tracked the issue since the beginning – Part 1 of 4: https://independentvotersofbrowncountyin.com/…/closure…/

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:

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, 2023.  State 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, 2023. Commissioner 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, 2023.  Commissioner 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 Abigail Youmans –  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.

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

• • Commissioner Meeting 2022_10_05: Additional Analysis on the Discussion by the Commissioners, Council, and Highway DepartmentCommissioner Meeting 2022_10_05 Additional Analysis 
    • Note Stark County Commissioners did hold public hearings on the Railroad’s request to close a crossing. Based on input from citizens, the request was denied and not appealed by the Railroad. Article: Morton Marcus: Railing about rail crossings.
  • Facebook Post of the Oct 5 Meeting with Discussion.
• 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
  • A report generated from page 5.02 of the FRA Office of Safety Analysis: 5.02 – Generate Crossing Inventory and Accident Reports
  • The  2019 INRD petition to close DOT# 292 193F. – Indiana Hill Road closing letter 5-20-2019.  In this latter document the speed of trains through the crossing is stated to be 30 mph (see p.1, item 5).
  • This same speed — 30 mph — is given  in the attached US DOT Crossing Inventory Form for DOT#292 193F, which was last revised May 25, 2021. InventoryReport

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.
      • Part8.pdf is one of many sections comprising INDOT’s 2011 Indiana Manual on Uniform Traffic Control Devices, Revisions 1, which is currently in effect in Indiana.
        
      • Options  for INDOT/FRA compliant warning signs for pedestrian crossings such as DOT# 292 193F include passive crossbucks costing less than $1,500  per pair.”
    • 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 Slab.  Photo 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.

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.
    • Indian Hills Road Pedestrian Crossing Estimate 8-9-2022
  • 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.

• • Brown County Matters – Facebook Post

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.

• • Reopening Tecumseh Trail along Indian Hill Road An Amendment to Resolution #2020-5-6-000. (Copy of the presentation and audio)
  • Brown County Matters Facebook Post

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, July 1, 2021
    • PDF copy of the article: Closed Ahead
  • 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.
    • Copy of the Request – Correct Date June 15, 2022 (not 2021). Starke County Offer Letter
    • INDOT Railroad Crossing Closure Guidelines FY22
  • 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, 2022.  Denial 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

• • Part 1: Closure – Railroad Crossing – Indian Hill Rd
  • Part 2. Closure RR Xing, Indian Hill Rd. Opening up the Tecumseh Trail

  • Tecumseh and Knobstone Trails and Maps