Updated May 25, 2021 – 1030 hrs

QUESTION: Should vehicles designed and purchased for off-road use be allowed on local county roads?

• Definitions at Wikipedia: ATV – All Terrain Vehicle; UTV – Utility Task Vehicle (Side-by-Side), ORV – Off-Road Vehicle.  OHV – Off-Highway Vehicle; SxS – Side-by-SideVendors include (ATV, ORV) : Polaris, Honda, Cam-Am, Yamaha, Kawasaki, Suzuki.  UTVs would also include John Deere and Kubota.

Local Media Coverage:

• May 5, 2021.  BCD. County commissioners researching off-road vehicle ordinance by Suzannah Couch
• April 20, 2021. Brown County Democrat.  Should off-road vehicles be allowed on county roads? Sara Clifford 

Sept 19, 2021. A inappropriate post that was challenged and then deleted from BCM but remains on other sites.   Disparages the handicapped and attempts to associate “scooters” with UTVs.  ANYONE can walk alongside SR 45.  A handicapped individual uses a scooter. What is the issue?

• • BCM Facebook Post of the Survey

March 2021. PROPOSAL: Petition at Change.org – Allow ATV and UTV use on public roads in Brown County Indiana”

• There is  a public group for discussion on Facebook where you can find a draft copy of the ordinance.  Facebook: Brown County UTV and ATV Ordinance (227 members as of 5/30/21)
• The Indiana Department of Natural Resources also provides valuable data on current regulations and permitted counties.
• Brown County ATV UTV Ordinance Draft April 22, 2021
• Regional FB  Group: Southern Indiana SxS 

Questions:

• What are all the vehicle types referenced in the ordinance?  What are the specifications regarding speed and noise?
• Is the intent for including a wide range of vehicles to increase the number of supporters for an ordinance?
• Note the higher-end vehicles with a few modifications, can reportedly by made street legal.
  • How To Make A UTV Or ATV Street Legal (With All 50 States Laws)
    by Matt Powell| Last Updated:  March 24, 2020
  • State of Utah – Street Legal ATV Requirements
• How many owners of ORVs will benefit?  A dozen, 50, 100, 1,000…?

Brown County Indiana Citizens against Off Road Vehicles on our county roads

• Fight against the proposed OFF ROAD VEHICLE ordnance being proposed in Brown county V 1.3
• Single Response for opposition to proposed Off Road Vehicle ordinance Ver 1.3
• Petition for opposition to proposed Off Road Vehicle ordinance

Safety:  What are the manufacturer’s recommendations when operating on a paved road?  What are considered to be safe operating speeds?

Roads.  Are roads assessed on safety e.g. condition, line of sight, grade, blind curves ..?  What does DNR consider an unsafe road?

Culture.  ORV /ATV riding is marketed by many communities in support of destination tourism.  If this is a potential possibility in Brown County?   Historically, the vision for tourism in Brown County was expressed by  Andy Rogers:

• • “He stands at the center of Nashville’s dogged attempt to satisfy a tourist industry while retaining its soul—the thing that people have lost in their own communities, the reason they come to visit in the first place.  …. “We don’t need to be slick and highly commercial. We need to be more country. Country is what we sell…. We need to maintain that. Once you destroy that, it won’t come back.”

Tourism – Visitors.  Convention Visitors Bureau (CVB) estimates 3 million visitors a year.
This estimate based on park gate fees (2.5 persons per car), innkeeper tax, and the food and beverage tax.

Industry / Economy. What has been the growth in the industry?  What’s the market?

• • What’s the purpose and objective for promoting ORV use on local (county) roads?
  • Is the intent to provide more places to ride for those that have limited access to trails or private land?

  • POLARIS T.R.A.I.L.S. Grant Application $10,000. The T.R.A.I.L.S. program makes funds available to national, state and local organizations in the United States to ensure the future of ATV riding.

“Freedom”   The freedom issue has been raised, e.g. people should be free to use local roads for vehicles that they purchased and were designed for off-road use.  There is Freedom-to do something and there is Freedom-from not being adversely affected by a proposed change.

Statute. Can counties limit access to county roads to residents only? (Premise being state and federal money could be used to fund repairs and replacements and have to be accessible to all).

• Indiana Code 14-16-1-1. Legislative intent
• Indiana Code (IC) C 14-16-1-20 Indiana Code 14-16-1-20. Operation on highways and roads

• Indiana Code 9-21-1-3. Powers of local authorities; effective date of ordinances 

• Indiana Code 14-8-2-185. “Off-road vehicle”

Context:  A County Decision-Making Process. Provides a definition of terms and an outline that can be used to consider all relevant issues and interests.

Facebook Discussions on the Petition – See reactions to initial posted by Paul Hazelwood (for) and Greg Delong (Against).

• Brown County Matters – Members: County residents, workers, property owners
• Brown County Chatter – Members: County residents
• Brown County Refreshed: County citizens
• Brown County UTV and ATV Ordinance – Advocacy for the Ordinance – open to anyone
  • Southern Indiana SxS – Regional Group

Assessment – as of May 21, 2021. The issue is if this is the right thing for “Brown” County. ORV owners “chose” to buy a machine designed for “off-road” use. I have not seen any information yet that would convince me a new ordinance is a good idea. I’m not a fan of the “argument from ignorance fallacy” that asserts that a proposition is true because it has not yet been proven false. Advocates of this proposed ordinance weaken their argument and credibility when demeaning and insulting those that may disagree with their positions. I’m surprised that the industry hasn’t put together a good argument for supporting “on-road” use.

Tourism – A new vision?  Brown County a great place to visit and have fun but not to live?

• County has about 280+ tourist homes throughout the county. Will this ordinance lead to more tourists who bring their ORVs?   
• Can ORVs be banned from tourist homes and if so, how could or would this be enforced? 
• Would the ordinance lead to more private land being used for ORV-related activities?
• Does the county want to promote and support ORV/ATV related tourism?
• Hard Truth Hills (325 acres) offers camping and ORV rides.  Developer “compares the company’s sixth location to “an adult Disneyland” that includes food and beverage experiences, all-terrain vehicle tours, on-site trails and a close proximity to Brown County State Park and downtown Nashville. ”  Adult Disneyland’ Opens in Brown County and  YouTubee Video – Inside Indiana Business.

Indiana DNR – Off-Roading

Indiana, DNR.  Off Road Vehicle Laws, Accidents, and Safety Practices by Scott Johnson
Indiana Department of Natural Resources, Law Enforcement Division 5/19/2016  IN DNR Off Road Vehicle Laws Session_4b-Johnson_Officer_Accidents  Pg. 20 of 62

2020 DNR Handbook of Indiana Off Road Vehicles Laws and Riding Basics  and Safe Operating Procedures for ORVs and Snowmobiles. Page 10 includes the following:

• ATVs are designed primarily for off-road use.
• Operating an ATV on paved surfaces can be hazardous because of handling issues.
• Riding on paved roads is a leading cause of ATV-related fatalities.

Official Indiana OHV/ORV Safety Course Online.  Take this Indiana–approved course to complete your online OHV/ORV safety education.  

Federal Land (Hoosier National Forest).  No ORV/ATV access allowed in Indiana

• Although responsibly enjoyed by many people, off-highway vehicles (OHVs) are also a major cause of natural resource damage on public lands. OHVs are prohibited on the Hoosier National Forest (Hoosier) and may not be operated on any National Forest System land, road or trail, including campground roads.   
• Problems Associated with Unauthorized Use:
  • Unauthorized OHV use on the Hoosier has become a significant problem in many areas of the forest. Illegal OHV has:
    • Contributed to soil erosion and compaction, impacting vegetation, by creating their own roads and trails through the forest
    • Impaired water quality due to sediment from erosion
    • Reducing native plant and wildlife diversity by introducing and the spreading  of non-native invasive plants

History:   

• “This issue has been bought up before the commissioners twice in the last 20 years.  State legislatures left it up to the county to decide …   This may have been the law in Brown County since at the minimum of 1995. …   these vehicles already in Brown County operating against the law, and law enforcement does not have the ability or desire to deal with the issue. Burdening law enforcement which is limited with an additional duty reduces their ability to deal with other issues that are important to us all.”  (Greg DeLong, Brown County Chatter)

  • Should off-road vehicles be allowed on county roads? By Sara Clifford – Apr. 20, 2021

    • About a decade ago, in January 2010, another group of county residents approached the commissioners who were in office at that time and asked for ORV use to become legal on Brown County roads. Supporters had a petition with about 130 signatures on it. Many of them were people who used them as a tool on their rural properties. Residents who spoke against it at that time mentioned the dangers of driving on Brown County’s hilly roads, potential road damage, potential operation of these vehicles by tourists who don’t know the roads or the dangers, and greater severity of injuries from accidents on ORVs versus accidents in other vehicles.After hearing public comments, the county commissioners at that time decided not to change the law.

Other Counties: “Sixty-five of Indiana’s 92 counties allow off-road vehicles on county roads. Three other counties only allow their use on roads for agricultural purposes.” Ref: Brown County Democrat. Should off-road vehicles be allowed on county roads? By Sara Clifford – Apr. 20, 2021

Scope.

• Will limiting (if possible) permits to county-only residents that just travel a few miles from their home have little to no impact on other residents?
• Will including non-residents contribute to more ORV users traveling to Brown County?
• Will an ordinance increase the number and use of ORVs on roads and on private land?

Volume – The Numbers: What is the projection on the number of vehicles?  A dozen, 50, 100, 1,000?

Road Conditions.  Are some roads more dangerous (line of sight) than others? Is this a consideration in designating where these ORVs should be allowed?

Best Case Scenario – No adverse impacts.

• Opinion from Advocates: Other counties in Indiana have an ordinance with no problems.

Worst Case Scenarios?   “Noise,” Enforcement, Safety

Personal example. I know of a case in Shelby County, IN. Neighbors from Hell with ATVs and teenagers.  County has a noise ordinance (no decibel level); Sheriff has issued citations that are being challenged in court.  Although ORV/ATVs not allowed on the roads,  roads are being used — the sheriff has to catch them in the act.   An ORV ordinance in Shelby County would most likely lead to more residents voicing complaints.   Complaints were made directly to the sheriff’s office – not the 911 system. Not sure if all the complaints were documented.  Dust was another nuisance issue.  Several neighbors moved and in one case, a new buyer intended to run ATVs on his newly acquired property.

• New York. Noise Issues with ATV use on private land. Are ATVs A Noisy Nuisance Or A Right?  New Crawford Law Points Up Divergent Views
  • However, some ATV riders will cheerfully admit that making a lot of noise is an integral part of their fun; letting out the throttle and hearing the engine respond with a throaty roar as they head for the next jump is what it’s all about.
  • Meanwhile, their neighbor next door is either calling the police, contemplating suicide, or perhaps murder.

Sound Testing.  Forest Service -How to conduct a sound test –  Max allowable sound – 96 decibels. Off-Highway Motorcycles, ATVs, & RO.Vs This is a summary of the SAE J1287 JUL98 stationary sound test procedure. Although stationary tests measure primarily exhaust noise, this test has been designed to pass quiet vehicles (those which test below a specified limit).

• OHV Sound Regulations – CA

• OHV Sound Regulations – MI

•  Utah.  Moab And Grand County Pass New Noise Limits To Deal With ATV Complaints

  • “The issue and complaints from citizens was on decibel levels of ATVs. “The county ordinance passed on April 20 and says ATVs cannot be louder than 92 decibels, when measured 20 inches from the tailpipe of a stationary one that is revving its engine. The same conditions apply for all other vehicles under 9,000 pounds. Since that test can only be done once a vehicle has stopped, the ordinance specifies the limit is equivalent to 80 decibels when measured 25 feet from the tailpipe of a moving vehicle.” …. “The county plans to use the drive-by test to screen vehicles, and then apply the stationary test roadside if someone violates the drive-by test, according to County Attorney Christina Sloan.”

  • Utah. Moab, Grand County Pass Regulations To Curb Noise from All Terrain Vehicles, In Response To Complaints

  • Moab Sun News. Just how loud are they? A standardized sound test could identify the noisiest UTVs.  Testing protocols

• West Virginia. Subdivision residents voice ATV complaints to Putnam commissioners
  • Problem:  Multiple ATVs riding in residential areas

Safety:  Indiana DNR:  “Not all county roads are safe to travel on, ATVs are designed primarily for off-road use. Operating an ATV on paved surfaces can be hazardous because of handling issues. Riding on paved roads is a leading cause of ATV-related fatalities.”  

Controls – allowed by law?   

• Limit to residents and those with driver licenses with Brown County addresses;
• Require county-issued permit every year with the option to limit the numbers, or not grant any permits if too many complaints.
• Direct Sheriff’s office to record noise complaints even though the county does not have a noise ordinance.
• Limit the number of roads that can be used.
• Run tests in various areas to assess noise levels in the area.  Some areas of the county can amplify noise.
• Add financial penalties for violations of the ordinance unless penalties can be assessed under current laws.

Decibel Levels –   What will be the standard for the decibel level?  How will it be tested?  (Appears a decibel level of 80 is common).

Add the fact that the ordinance includes all (?) off-road vehicles that are not street legal (thus the need for an ordinance)?   The exception being farm equipment.

Questions for other Counties.

• Do you have permits?  If so, what has been the trend in the total number per year?
• What type of ORVs have been given permits?
• Do you have a standard for decibel levels and if so, do you have ways of measuring it?
• Do you have a noise ordinance? If so, what has been the trend on complaints?
• If you do not have a noise ordinance, do you still accept and record complaints provided by residents?
• How many accidents have been recorded?  How many citations have been issued?  Did the ORVs result in the need for more staffing or degrade response times for other calls?
• Is enforcement primarily complaint-driven?
• On permits, do you limit to county residents only?
• Given Brown County is a destination for tourism, what if anything should we be concerned with in regards to an ORV ordinance?
• Do you restrict ORVs from some areas?  If so, why and what type of areas?
• Do they enforce the ordinance – check for permits?

Questions for Enforcement Agencies (DNR, Sherriff’s Dept, etc.)

• Is enforcement only limited to DNR – we have two officers in the county.
  • Can sheriff deputies only issue warnings?
• How many permits have been issued?  What has been the trend?  What type of ORVs have received permits?
• How many hours (or a percent) are involved with enforcement and compliance to laws and regulations?
• How many citations have been issued and by type?
• How many accidents including deaths?
• How many and what are the type of complaints?
• Do you track noise-related complaints?

The Process to Approve and Ordinance – The Hoops

• Commissioners referred this proposal to DNR, County Attorneys and Safety Officials (Emergency Mgmt, Sheriff’s Office) for their review and input. County attorneys will also be involved in reviewing the ordinance.
• Any concerns, questions, changes, issues, etc. will then need to be addressed.
• If there are two commissioners that indicate support for the change, ordinance will need to be updated, revised as needed.  Who in county government will take this lead?
• If it gets to the point that an ordinance as written is considered appropriate, then there will be at least three public meetings to gather more citizen input which may lead to more changes or refinements. The three required public meetings include the First Reading. Public Hearing, and Second Reading.
• I would not be too surprised to see a counter-petition.

Current Events and Status

May 5, 2021.  BCD. County commissioners researching off-road vehicle ordinance by Suzannah Couch

April 21, 2020. Commissioner Meeting. Commissioners are forwarding the proposed ordinance to the county’s attorney for review, DNR, and public safety officials that would include the  Highway superintendent, Emergency Management, and the Sheriff’s Office.  No indication that the petition was/is limited to Brown County residents

April 20, 2021. Brown County Democrat.  Should off-road vehicles be allowed on county roads? Sara Clifford 

• Sixty-five of Indiana’s 92 counties allow off-road vehicles on county roads. Three other counties only allow their use on roads for agricultural purposes.
• A state law that dates back to at least 1995 made off-road vehicles illegal on roads in every Indiana county, but it allowed counties, cities or towns to pass their own laws to allow them if they choose.
• In the nine-county Indiana Department of Natural Resources district that includes Brown County, Morgan County is the only one to legalize ORVs for on-road use.
• The DNR is the law enforcement agency that primarily deals with off-road vehicle matters. Other law enforcement agencies also can enforce those laws and investigate accidents.
• Why does state law default to “illegal” for riding off-road vehicles on roads? … “It’s safety,” said Angela Goldman, a conservation officer for DNR District 6. “Ultimately, nearly all traffic laws were put in place for safety, and that would be the case here. Not all county roads are safe to be ridden on.”
• In the past five years, the DNR has investigated 31 ORV accidents in Morgan County, where they’re legal on county roads. Fifteen of those accidents have been on roads, according to DNR statistics.
• Over that same time period, the DNR handled 23 ORV accidents in Brown County, with eight of them being on a road, the agency reported.
• Those figures may not include accidents investigated by other law enforcement agencies.

Apr 2021.  ASQ – Advancing a Quality Management System for US Elections

• ASQ advocates for the adoption of an electoral quality management system (QMS) based on ISO/TS 54001:2019 and ISO 9001:2015 in U.S. election jurisdictions.
• Understanding and controlling the interrelationships and interdependences among election processes as a system increases effectiveness and eventuates improvement, thereby enabling election authorities to enhance trust and confidence in U.S.
  elections
• As an organization of quality experts, leading improvement is at the core of the ASQ
  mission. ASQ advocates for, and is qualified to lead, the development and adoption of an
  electoral QMS to support U.S. electoral jurisdictions.

Mar 28, 2021. Assuring Elections Quality – A White Paper,  By Thomas Pyzdek and Joseph A. DeFeo

• Thomas Pyzdek: My friend and colleague Joe DeFeo were so concerned with the loss of confidence in recent USA elections that we co-authored a paper describing how the quality profession might help. The paper, entitled “Assuring Elections Quality – a White Paper”, can be viewed at the link. Dr. DeFeo is recognised worldwide as an authority on quality improvement and is Chairman and Executive Adviser at Juran. Please feel free to add your suggestions in the comments.
• PDF Version –assuring-elections-quality-a-whitepaper
• Post and comments at LinkedIn.
  • My comment: A good idea for states to consider benchmarking their standards, assessing current processes, and making needed improvements. Could also be a value-added role and an opportunity for ASQ sections and members to support any needed improvements in their communities.
  • I’m confident with the election processes in my county. Our goal is to support the application of the quality principles, methods, and tools that will lead to better decisions, policies, and ordinances. See Brown County Indiana Leader Network at: https://successthroughquality.com/

 

June 22, 2021. GUEST OPINION: More evidence needed that sewers necessary by Tim Clark

June 8, 2021. GUEST OPINION: Change vs. improvement — who decides and how? By Tim Clark

May 25, 2021. Guest Opinion: New Septic Ordinance — Challenges and Opportunities by Tim Clark

• • The decision-making process of commissioners Biddle and Braden resulted in a disservice to the citizens opposing this ordinance, as well as to the individuals and groups that worked on its approval. Refusal to justify and defend a position can contribute to questions about motives, competence, and the overall quality of the ordinance.

Nov 24, 2020, GUEST OPINION: Justification lacking for proposed septic ordinance

By TIM CLARK, guest columnist The public hearing to be held by the commissioners to obtain citizen input on the proposed new septic ordinance has…

GUEST OPINION: Bean Blossom sewer plant: Delay warranted

Apr. 3, 2020 (Subscriber)By TIM CLARK, guest columnist On March 10, 2020, Ethel Morgan of HomeTown Engineering LLC presented the findings from a regionalization study of wastewater treatment…

GUEST OPINION: Septics and sewers — major changes proposed

Aug. 30, 2019 (Subscriber)By TIM CLARK, guest columnist In his Aug. 13, 2019 guest opinion column in the Brown County Democrat, “What you can learn at the county’s Septic Summit.

Letter: County needs ‘collaboration, not scapegoating’

Aug. 20, 2019 (Subscriber)To the editor: The article by Sara Clifford published in the Aug. 13, 2019 edition of The Democrat, “No resolution yet to Helmsburg sewer board…

Note: On the use of the term scapegoating, my intent was to reinforce that establishing regional sewer district boards without an overall county strategy is problematic.

GUEST OPINION: Time will tell what music center’s impact will be

May 23, 2019 (Subscriber)By TIM CLARK, guest columnist I have found the series of guest columns by Bruce Gould promoting the Brown County Music Center (BCMC) to be…

GUEST OPINION: Sewers and septic systems: What’s the problem?

Jan. 23, 2019 (Subscriber)By TIM CLARK, for The Democrat The Brown County Regional Sewer District (BCRSD) Board is taking action that could affect the quality of life for…

GUEST OPINION: Political transformation, one county at a time

Dec. 11, 2018 (Subscriber)By TIM CLARK, guest columnist Straight-ticket voting in the 2018 elections was reported by the Brown County Democrat to be the highest in the past…

Letter: A ‘referendum’ on the Maple Leaf project?

Nov. 20, 2018 (Subscriber)To the editor: In the Nov. 14 story in the Brown County Democrat, “Incumbent to serve another term,” commissioner Biddle expressed a belief that her…

GUEST OPINION: Maple Leaf: A failing strategy?

Aug. 23, 2018 (Subscriber)By TIM CLARK, guest columnist “Will more money be a recurring theme?” was the subject of my last guest opinion published in The Democrat on…

GUEST OPINION: Will more money be a recurring theme?

July 25, 2018 (Subscriber)By TIM CLARK, guest columnist The July 18 article in the Democrat, “New ‘Leaf’ turned: Work begins on performing arts center,” provided the highlights from…

Letter: Consider other ways for projects to proceed

June 12, 2018 (Subscriber)To the editor: The public presentation by DLZ on June 4, attended by the commissioners and members of the county council, identified DLZ’s final recommendations…

Letter: ‘Stop digging’ on Maple Leaf Performing Arts Center

May 1, 2018 (Subscriber)To the editor: There is wisdom in the metaphor that states that if you find yourself in a hole, stop digging. The Democrat’s article published…

Letter: Limit proposed septic ordinance’s scope

Mar. 27, 2018 (Subscriber)To the editor: I participated in the public meetings last year on the proposed septic ordinance. Despite the concerns and recommendations identified at the meetings…

GUEST OPINION: Working toward ‘a more perfect union’

Jan. 24, 2018 (Subscriber)By TIM CLARK, guest columnist As individuals, we may not have too much direct influence over what happens politically at the national level of government. At..

GUEST OPINION: ‘Coming together is a beginning’

Jan. 11, 2018 (Subscriber)By TIM CLARK, guest columnist In the first part of my series, “The role of process in county’s future,” I suggested that the process applied…

GUEST OPINION: The role of process in the future of Brown County

Dec. 28, 2017 (Subscriber)By TIM CLARK, guest columnist The Maple Leaf Performing Arts Center (MLPAC) project and the process used to fast-track approval may represent a turning point…

GUEST OPINION: Success is a choice

Nov. 26, 2017 (Subscriber)By TIM CLARK, guest columnist The recent community conversation on the status of the Salt Creek Trail reinforces that using ad-hoc teams to identify and…

Letter: ‘Zoning for Maple Leaf: Not in the plan’

Aug. 22, 2017 (Free)To the editor: The Brown County Comprehensive Plan states that the purpose of the plan “is to provide guidance on decision making regarding Brown County…

Letters: Maple Leaf proposal: Let’s not fail to plan

Aug. 8, 2017 (Subscriber)To the editor: At the June 20, 2017, presentation to a crowd of approximately 100 people on the proposed Maple Leaf Performing Arts Center (MLPAC)…

Income surveys needed for an economic development grant

Sara Clifford – June 6, 2017 (Free)Within the next week or so, about 3,000 randomly chosen Brown County residents will receive a survey in the mail asking about their income. Don’t…

Hometown Collaboration Initiative pitch made to state

Sara Clifford – Apr. 19, 2017 (Subscriber)Brown County has “excellent schools”; abundant art, nature and adventure opportunities; well-educated and civically engaged older residents; and a number of “success stories” such…

More discussion, data needed about referendum

Sara Clifford – Mar. 7, 2016  To the editor: Superintendent Shaffer’s column titled “School financing 101” published in the Feb. 24 issue of The Democrat provided an excellent introduction to the government..

Updated Sep 23, 2022  

See also: Nashville – Tax Increment Financing (TIF) For the Record

Who Benefits and How?

Stakeholders – Who are they? What are their needs and expectations?  Stakeholders include: County and Nashville residents and taxpayers, business owners, private developers,  tourists, potential new residents, non-profits, other?

• • The Brown County Leader Network (BCLN) has developed several tools to support decision-making and stakeholder analysis. A stakeholder analysis should precede the development of plans.

Sep  22, 2022. Benefit for the town, schools and county’: Public hearing for residential TIF area next week, could be adopted by commission By Abigail Youmans

Aug 18, 2022. Town Council Meeting. Nashville Town Council Agenda 8_18_2022

• • Resolution 2022 07 A Resolution Declaring the 2021 Woods Lane Residential Economic Development Area – draft
  • Ordinance 2022-09 Ordinance Designating an Area as Economic Development Target Area – draft
    • NEW – Nashville Economic Development Commission. Town requested representation by a county councilman and commissioner. Scott Rudd was selected as the council rep.
  • Passed:  Consider Ordinance 2022-03 Human Rights Commission Ordinance

Feb 2, 2022 SCHOOL NEWS:  TIF resolution approved By  Staff Reports

• • The Brown County School Board of Trustees approved a resolution to allow the Nashville Redevelopment Commission to capture new property tax revenue from a soon to be built subdivision.
  • The resolution was approved Jan. 6 as part of the redevelopment commission’s plan to establish a residential tax-increment financing (TIF) area for the new Woods Lane subdivision. The subdivision will be in the area of the Tuck A Way Ridge neighborhood not far from Nashville off of Old State Road 46.
  • In a TIF area, a portion of new property tax revenue is captured for use by the redevelopment commission. That new tax revenue is the difference between what that land was taxed at when it became part of the TIF area and what it is being taxed at now.
  • The school district is one of the entities in the county that receives a portion of property taxes.
  • The capture of tax increments from the new development will enable the RDC to provide the public improvements necessary to make the downtown a “thriving hub of economic activity to benefit the entire community,” the RDC’s economic development plan states.
  • Projects could include pedestrian transportation enhancement, like curbs, gutters, sidewalks, street lighting, signage, etc.; sidewalk and streetscape improvements in the town; and a multipurpose trail down Old 46 to Woods Lane.
  • TIF also stops the flow of those new property taxes to any taxing unit besides the redevelopment commission for up to 25 years. The original taxes on the undeveloped property, though, keep being distributed. After the TIF expires, all taxing units receive the increased amount.
  • The commission said that there may be a small impact on Brown County School, but it depends on the levy they have. If it interferes or makes a substantial impact on the schools, the commission said that they will reevaluate the area.
  • The commission’s adviser Ed Curtin attended a December school board meeting to ask for the approval of the resolution, but it was tabled after some questions were raised about the price of the homes in the subdivision and if those homes would be appealing to young families to move then send their children to school here.
  • The resolution was approved unanimously on Jan. 6. No additional discussion was had before, or after, the vote.
  • The RDC will ultimately pick which projects would be funded with the additional property tax revenue, but the projects will have to align with the economic development plan.
  • The TIF area will have to go before the county’s Area Plan Commission for approval before a resolution can be voted on by the RDC.

Oct 27, 2021. Nashville’s Municipal Consultant Dax Norton on tourism, ‘whole life’ residents By JOE HREN

Oct 20, 2021. RDC moving forward with residential TIF, BCD.

• • The Nashville Redevelopment Commission voted in favor of adopting a declaratory resolution for the Woods Lane Residential TIF (tax-increment financing) at their monthly meeting on Oct. 5.
  • The next step in the process requires the Brown County School Board of Trustees to agree with the creation of the residential TIF, in accordance with state statute.
  • The school board did a resolution of agreement in concept, but said they’d revisit once other items were adopted, RDC adviser Ed Curtin said.
  • After a resolution is received from the schools, the RDC will then go before the Brown County Area Plan Commission to ensure all is consistent with the comprehensive plan then to Nashville Town Council for approval. Finally RDC will have to pass a confirmatory resolution and have a public hearing.
  • The TIF district would direct a portion of property taxes to use on projects that benefit the town in some way.

Little Opry Land – Proposed Apartment Project

• Oct 18, 2021. Nashville hoping to bring in new residents with proposed housing project By LIZZIE KABOSKI, WTIU/WFIU
  • 194 Units. The goal … is to provide housing for those of all socioeconomic demographics.  
  • Kritzer said a Section 8 housing complex in the area with affordable housing has a waitlist. He said it could take approximately one year to be considered for housing. 
•  Oct 12, 2021. Looking at unused potential: Housing project in works at site of former music venue; government assistance possible By Abigail Youmans.
  • Rents to be at “market rates”
  • Brown County Matters – Facebook Post and Comments on the article
  • Brown County Democrat – Facebook Post and Comments on the article
  • Affordable Housing – Regional Study including Brown County

Sep 7, 2021. BUSINESS BRIEFS: Multiple requests approved by development review commission; update on residential tax-increment financing (TIF)

June 22, 2021.  GUEST OPINION: More evidence needed that sewers necessary

•  Illustrates the links between septic systems, development, and sewer service.

Mar 19, 2021.  Brown County Matters – FB Post – Purchase of the Little Opry Property

Mar 16, 2021. Little Nashville Opry property has new owner By Suzannah Couch

• William Jacob Capital LLC is the new owner of the empty 6.5-acre lot. Andrew Tilton of Brown County is the registered agent for that LLC, according to Indiana Company Directory.
  • Tilton and his brother Jimmy own the Foxfire parking lot in Nashville and the kettle corn food truck there.   … The Tilton brothers bought the Hidden Valley Inn property last year with plans to update and renovate the hotel.
  • The brothers also own several pieces of land in the county, some with the potential to be turned into housing or retail.  Andrew Tilton purchased two Nashville parking lots at the Andy Rogers estate auction in the fall of 2019.
• The Opry property does not have a sewer hookup, though a wastewater treatment plant sits about a mile from it. Having to figure out wastewater treatment could raise the cost of development depending on what the new owner wants to put there.

Mar 2, 2021. Town starting process of creating a comprehensive plan by Sara Clifford –

• The Nashville Town Council has talked about several matters at recent meetings that intersect on a common question: What we want Nashville to be in the future, and what we need to do now to get it there?

• “Based on the assumption that the Redevelopment Commission could receive $4,000,000 in increment over the life of the Tax Increment Financing area, the Commission could spend approximately $4,000,000 on infrastructure in or serving the area.” (pg 30)

Oct 15, 2020 – Final. Nashville Sanitary Sewer Master Plan.  Intent includes an expansion to expand service within a 2.5 miles area of Nashville.  The plan does not include documentation of need in the areas targeted for expansion. Includes my comments on the July 2021 draft. 

Town of Nashville, Utility Services Board (NEW). Town Council hereby establishes a Utility Service Board for the town pursuant to I. C. 8- 1. 5- 3;  and hereby establishes the organization and administrative arrangements under which the town will exercise its authority and discharge its responsibility for utility service (water and wastewater services).

• President Roger Kelso (term ends 12-31-2024)

• Vice-President Bob Willsey (term ends 12-31-2022)

• Secretary Alyn Brown (term ends 12-31-2023)

• Bob Kirlin (term ends 12-31-2023)  

• Pam (Tilton) Gould (term ends 12-31-2022). Owner Cornerstone Inn and several properties that would benefit from an expansion of sewer service.

March 10, 2020. New neighborhood proposed in Nashville by  Sara Clifford

• • Steve Miller and Scott Mills are proposing to build up to 15 homes on 11.2 acres between Tuck A Way Ridge Drive and Coffey Hill Road. That acreage, which Miller and Mills bought late last fall, backs up to about 22 existing homes along those two roads and Old State Road 46.

Mar 4, 2021. Town and county appointments to boards for 2021 By Staff Reports

Saturate USA With Good News (The Gospel)

120 MILLION HOMES IN THE U.S. BY 2027

Sharing the Announcement – Facebook – Brown County Matters

The word gospel is derived from the Anglo-Saxon word which meant “the story concerning God.” In the New Testament the Greek word euaggelion, means “good news.” It proclaims tidings of deliverance.

A Quick, Compelling Bible Study Vol. 56 – Jesus’s Greatest Hits Myra Kahn Adams

Updated Sep 23, 2022

• Other – In the news
  • Aug 18, 2022. Nashville Human Rights Ordinance passed.
  • Dec 7, 2021. Nashville Noise Ordinance – For the Record
  • Mar 18, 2021. Nashville and Development – For the Record – includes TIF areas
  • July 17, 2020. Nashville Sanitary Sewer Master Plan

The statute over Redevelopment Commissions and the use of Tax Increment Financing is found in IC 36 -7-14.

Sep  22, 2022. Benefit for the town, schools and county’: Public hearing for residential TIF area next week, could be adopted by commission By Abigail Youmans

Nashville, Indiana – Brown County Area Plan Commission, Staff Report for Town of Nashville Declaratory Resolution, Economic Development Plans
TIF-Economic-Development-Plans, Dec 16, 2020

• Tax Increment Financing (TIF) will enable the Town of Nashville to collect property tax revenue (increment) attributed to increased assessed value as a result of new investments within the designated area. (pg 1)
• “Based on the assumption that the Redevelopment Commission could receive $4,000,000 in increment over the life of the Tax Increment Financing area, the Commission could spend approximately $4,000,000 on infrastructure in or serving the area.” (pg 30)

Town of Nashville Redevelopment Commission

Information

• • Indiana TIF Districts Viewer – Gateway. Nashville TIF District includes 431 properties as of 12/15/2021.
  • Purdue – The-Use-of-Tax-Increment-Finance. Indiana law now makes clear that TIF is intended to fund infrastructure to promote development that would not occur but for the added infrastructure financed by the TIF revenues. Evidence that the development would not happen but for the establishment of the TIF district must be presented before
    the TIF district is approved. TIF is not meant as a source of revenue for responding to ongoing development, nor as a substitute for other sources of infrastructure funding. TIF districts are required to expire once the infrastructure bond is repaid. TIF is not meant as a permanent source of revenue for the enacting government.
  • Improving-tax-increment-financing-full report.  by David Merriman, Policy Focus Report – Lincoln Institute of Land Policy

  • The Trouble With TIF. Cities love to use Tax Increment Financing to boost development. Should they? By Tanvi Misra

Jan 4, 2022. School board requests more information on residential TIF for new neighborhood, resolution tabled By  Staff Reports

• • Democrat Facebook Post of the Article
  • Brown County Matters – Post of the Article

Oct 19, 2021. RDC moving forward with residential TIF

Sep 7, 2021. BUSINESS BRIEFS: Multiple requests approved by development review commission; update on residential tax-increment financing

• Update on residential tax-increment financing
• The Nashville Redevelopment Commission met on Aug. 3 and further discussed the progress of establishing residential tax-increment financing.
• The process of establishing residential TIF is ongoing.
• The first meeting for public comment was held in June. The then commission provided a 30-day notice of a meeting to review their economic development plan. Due to the meeting being canceled, the commission will submit another notice.
• “Once we’ve done that, we’ll be in a place to create a declaratory resolution,” adviser Ed Curtin said.
• “We’ll need to then go back to the school to hopefully gain their support and get a resolution from there to create TIF and complete our steps.”

Apr 7, 2021. Facebook – Brown County Matters – Nashville RDC Meeting.

• Nashville Redevelopment Commission RDC) Meeting. April 6, 2021 5:30 pm.  Nashville’s Tax Increment Financing (TIF) plans were briefly reviewed.  Note:  “Indiana law now makes clear that TIF is intended to fund infrastructure to promote development that would not occur but for the added infrastructure financed by the TIF revenues. Evidence that the development would not happen but for the establishment of the TIF district must be presented before the TIF district is approved.”
• Ed Curtin (Nashville consultant) confirmed that they have not received any formal requests for subsidies from any developers. In the past, Hard Truth Hills has not asked for a subsidy.
• The “So What?”  A TIF directs the increases in property tax revenue from development to the Nashville RDC and not the county. The RDC borrows money to fund infrastructure with the assumption that the investment in infrastructure will generate sufficient funds to make payments on the loan (s).
• The residential TIF was also discussed. By law, the Schools are required to be involved in the plans. In the larger counties such as Hamilton, plans for residential developments can lead to a need for additional schools – thus  the need to keep schools involved. Brown County Schools have the capacity to accommodate the projected growth in housing.

Apr 6, 2021. BCD. Making it happen: New Nashville neighborhood under construction as TIF talk progresses.

Mar 2, 2021. BCD. Town proposes changes to TIF areas  By Sara Clifford

• Mar 2, 2021.  Town starting process of creating a comprehensive plan, By Sara Clifford
• Nashville Sanitary Sewer Master Plan July 15, 2020 (173 pages)

• The Nashville Redevelopment Commission has put together an economic plan and declaratory resolution which will go to the Brown County Area Plan Commission this week for approval, then to the Nashville Town Council as early as March.
• If the documents pass those two steps, they would go back to the redevelopment commission for a confirmatory resolution.

The Use of Tax Increment Finance by Indiana Local Governments, Larry DeBoer
Department of Agricultural Economics Purdue University

• • Indiana law now makes clear that TIF is intended to fund infrastructure to promote development that would not occur but for the added infrastructure financed by the TIF revenues. Evidence that the development would not happen
    but for the establishment of the TIF district must be presented before
    the TIF district is approved.

The Indiana GPS Project?   Team of policy experts from the Brookings Institution and the American Enterprise Institute have performed a substantial amount of research regarding Indiana’s economy and workforce, particularly through a regional lens.

The Citizenship Question

by Leo Morris

Is U.S. citizenship still worth something?

That is such a grimly disheartening question because of where it came from.

I did not hear it from the usual “America is awful” crowd, the people who either think the republic always was and always will be an oppressive blight on the face of the Earth or believe the only way it can atone for its sins is for those who have been unfairly treated to unfairly treat everybody else.

It came to me from an enthusiastic follower of the Indiana Policy Review, for which I write these columns.

That is an organization dedicated to freedom and the constitutional principles that undergird it. If those who follow that vision are losing faith in the value of their franchise, is there any future left for the country?

There had better be. This country is still the best hope for the world, and to give up on its promise is to give up on all humankind.

America was founded on the single greatest political idea in history: Rights inhere in the individual.

Somewhere between anarchy and tyranny, people have forever tried to find the perfect government, the one that will provide the proper balance of autonomy and dependence. How can we best obtain security and still preserve our liberty?

Until America, the group was always paramount. There were no rights as such, merely privileges that could be granted or withheld to favored or shunned groups at the whim of an absolute ruler.

Then came our Declaration of Independence and Constitution to lay the foundation for a better way. Each individual person has rights – call them natural or God-given – just by virtue of being human that are beyond the purview of government. In fact, the chief justification for government is to protect those rights.

That is the basis of American Exceptionalism, a point President Obama missed – deliberately, I suspect – when he blithely said something to the effect that, well, all people think their country is exceptional.

America is exceptional because it found the exception to submission to tyranny.

And, yes, its behavior is often not exceptional. It does not always live up to its promise. You can find plenty of complaints from all across the political spectrum. The oligarchy is taking over. Cancel culture is rampant. There is anarchy in the streets. Equality of results has replaced equality of opportunity. Income inequality is out of control. And on and on.

I have my own concerns, especially about the leviathan state. I worry that the federal debt will crush us. It bothers me that the Supreme Court declared my property available for an economic developer with deep pockets, and that the state of Indiana declares the right to take people’s possessions by accusing them of crimes they have not even been tried for. It is astonishing that two presidents – Obama and George W. Bush – gave themselves the authority to have any American anywhere killed on their order alone and that there was no national outrage.

But consider: Those are holes in the only ship of state we have. If we abandon it, to which shore do we swim?

I am proud of some of the things I have done, ashamed of others. I try to take responsibility for my own actions, as all moral people should.

I try to avoid grand pronouncements about things outside my control. I cringe when people say they are ashamed to be an American, and I would never say I am proud to be an American. That is but an accident of birth.

But I am glad to be one. It is gratifying to be a citizen of a country that not only stands for the right thing but acknowledges its failures to live up to its own standards and always tries to do better.

If this nation, founded on the concept of natural rights, gets so many things wrong about freedom, imagine what the world would be like without America’s striving as an example. The more mistakes we make, the more we demonstrate how much we are needed.

“For if they do these things in a green tree,” it says in Luke 23:31, “what shall be done in the dry?”

I will leave it to the biblical scholars to offer the religious interpretation of that passage. But we can divine a secular meaning.

The world with America is a green tree, still capable of giving and nurturing life. The world without America would be so very, very dry.

Leo Morris, columnist for The Indiana Policy Review, is winner of the Hoosier Press Association’s award for Best Editorial Writer. Morris, as opinion editor of the Fort Wayne News-Sentinel, was named a finalist in editorial writing by the Pulitzer Prize committee. Contact him at leoedits@yahoo.com.

A strategy that leverages the interrelationship between Christianity, Citizenship, and Quality Management.

Presentation (14 slides): 2021_02_ 06 C2QM Apologetic

Terms: Non-secular – based on a biblical worldview: Secular – non-religious based.

Common Ground?

• Shared vision: Reducing variation from the ideal results in outcomes where everyone benefits or at least, are not any worse off in the long-term.
• Common language: Anyone that has made a successful change has applied the variation principle. using different terms. Knowledge of common and special causes of variation, stable (predictable) and unstable systems can lead to more success. Common references to “systems” are routines and habits.
• Common Method: Plan-Do-Study-Act (PDSA) Improvement Cycle.