Issue 1268

January 23, 2024

The APC said their goal is to solve the problem and not to go to court or levy fines unless there is no action. They recognized that a problem cannot be cleaned up in 10 days. They said that they are hoping to get residents to respond to the Planning Commission office and to work toward a solution.

APC Board Member Daryl Kramer said there would be no enforcement against a property owner who makes a “good faith effort” to comply. He added that having junked cars constitutes a “junk yard” and most people do not want a junk yard near their home.

Don’t Drive Around Looking for Problems

There seemed to be a misunderstanding about the APC’s violation process. The APC members said that they do not drive around the county looked for a problem. They only get involved when someone files a written complaint about a zoning violation such as building in a setback area, improper zoning for a business, illegal junk yards, no building permit, etc. A violation of the zoning code is a civil matter, not a criminal case.

Written complaints are public records that identify who complained. A few years ago, this reporter was told that the county commissioners could make a verbal complaint about a property and the complaint form did not have to be signed for an investigation to begin. This is no longer the case. Complaint forms must be signed.

Nuisance Ordinance - Unsafe Buildings and Unsafe Premises

Rather than zoning rules, the anger of people in the audience seemed to be about the ordinance passed by the county commissioners regarding unsafe buildings and unsafe premises. This “nuisance ordinance” is 13 pages long and covers many issues including trash dumps, fire risks, vermin, health hazards as well as solid waste such as tires, scrap metal and car parts.

Click to read the ordinance. It is enforced by the building inspector who works for the county commissioners and shares office space with the Planning Commission.

Audience Comments

There were about 16 people in the audience and four people watching online. Most of the people in the meeting, who addressed the APC, identified themselves as living on or near McGuire Ridge and Yellow Bank Road. They talked about how long they lived on McGuire Ridge; that they did not want to see any changes made to the area; that they did not want to comply with rules set by the county and lastly how much they resented complaints being filed by people who were “newcomers.”

Gary Hundley, who identified himself as “Ridgerunner,” complained that the new nuisance ordinance made him “a criminal.” He spoke in favor of “scrappers.” He said that he keeps rebar and a cement mixer in his front yard. He has a six-foot fence, because “I don’t want people bothering me.” He complained about another property where there are unlicensed school buses and old canoes visible from the road.

Photo of old appliances along a hillside elsewhere in the county.

Newcomers Should Leave

Nelson Downard said, “This is supposed to be a rural area - not a subdivision.” He claimed that it is “not fair” for two newcomers to able to file complaints and to make other people “get rid of everything.” He had to get rid of cars his son acquired to repair and sell. Mr. Downard has lived in the county for 85 years and has seen other properties that are in worse shape than his. He stated that newcomers should leave if they don't like their neighbor’s property.

Later in the meeting, Mr. Downard spoke in support of zoning rules if they would protect rural land. He said that he is being pressured to sell right-of-way for a housing development. He is worried about harm to his well water supply if agricultural land is rezoned for subdivisions.

“I will not compromise on individual rights.”

Chris May raised many issues and went back and forth with the APC members debating the need for zoning and other rules. He stated that a property owner has an absolute right to do whatever they desire with their property. He asked who is harmed by junk? Mr. May said that he would not complain if a 600-acre garbage dump moved in and surrounded his home. He would sell his home and move away. He said, “I will not compromise on individual rights.” He wanted to repeal the current zoning rules or for the APC to stop enforcing them.

No complaints from “newcomers.”

The young son of Ryan McCann, resident of Yellow Bank Road, came to the microphone and spoke on behalf of his neighbors who scrap cars for a living. The young boy said, “I’m not going to let some city person say I can’t have my stuff on my property.”

Ryan McCann said that junk is valuable to some people. He did not want the county to target scrappers on Yellow Bank Road and McGuire Ridge, because of complaints from a few people who “moved in.” He does not want any changes made to the area.

Photo of junked car

Beth Ann, a resident of Yellow Bank Road, said that she sees other properties that have violations while she is driving a school bus. Her viewpoint is do not let newcomers file complaints.

Wide Range of Complaints

Nicole Day voiced a wide range of complaints that no one in the county dealt with meth labs, drug users, dogs that bite, nor “an infestation of rats” next door to her home. The APC members encouraged her to contact the proper county departments.

Carla Hacker, landowner on Reservoir Road, said, “We are being harassed about the sewer line” that is proposed for her area. She said that a complaint about sewage was filed with the state by someone who did not live in the area.

Citizens Input Committee Wrote the Zoning Code

APC Board Member Bob Braun spoke about how the county’s zoning code was rewritten in 2008 - 2010 by residents, who met every week and were called the Citizens Input Committee (CIC). The zoning code is titled “Franklin County Citizens Zoning and Subdivision Control Code” and the first chapter is the “Citizens’ Guide to Zoning.” Mr. May was told that if he wanted to repeal zoning regulations, the process would take several years.

“Can you live with your neighbor?

Zoning has gray areas; sometimes there are health issues, said Mr. Kramer. The questions he asks are, “Can you live with your neighbor?” How does the county draw the line between one car stripped down in a garage and multiple cars stripped down outside every day? How many unlicensed cars can sit in the yard. Should the cars be 50 feet or 5 feet from the property line? Where do your rights begin and your neighbor’s rights end? “It is society’s right to fight common enemies - fire, water, vermin,” said Mr. Kramer. “People have to live together…someone has to draw the lines.”

Avoid EPA Violations

APC Board Member Christine Rains sympathized with those cited with violations. However, she said that times have changed since her childhood when her family scrapped parts. She noted that violations can run afoul of federal rules overseen by the Environmental Protection Agency (EPA). She said that the county is trying to avoid problems that would attract intervention by the EPA and result in large fines to property owners. She stated that the EPA closed a local junkyard over violations.

“Going the wrong way with more junk.”

APC Board Member Dennis Brown said the county must have zoning rules. In the 70 years that he lived here, he observed that the county was clean and now is “going the wrong way with more junk.”

Good News

APC Director Kaitlin Sterwerf reported that four properties have been cleaned up and are now in compliance. Three more property owners are making progress. The APC took no further action on one case.

The APC voted to send a letter to the Sturwolds on East Road by St. Peters Church. More junk is accumulating per the complainant. APC Board Member Daryl Kramer asked for more information, because this site “may turn into a major junk yard,” which is not licensed for this property.

There was no progress regarding “squatters” living in a “makeshift house” on the property of a deceased person. The APC voted to send a letter to the mortgage company.

Other Comments

Geoff Wesley, the new APC attorney, weighed in that Indiana counties have adopted zoning codes for a reason, because “a zoning code is a very important tool to a community.”

Local resident Ed Derickson previously volunteered with the Citizens Input Committee and formerly served on the APC. He remembered that the CIC agreed to setting strict rules for junkyards. He spoke in favor of speeding up the violation process.

Streamlined Office Policy

After all the debate, the APC voted unanimously to send a favorable recommendation to the county commissioners to remove the old violation process from the zoning code. It would be replaced it with a streamlined office policy. There would be no change to fines for violations.

Other Actions

The APC re-elected officers President Bob Braun and Vice-president Christine Rains. They selected APC member Daryl Kramer to also serve on the Board of Zoning Appeals. Dennis Brown, from the town of Cedar Grove, joined the APC as the representative for the small towns in the county. Kaitlin Sterwerf was reappointed as the executive director of the Planning Commission and Jeff Wesley as the board’s attorney.

Board Members Rob Seig and Patrick Bedel were absent.

Reported by Sara Duffy

Indiana Secretary of State Files Action

Against Local Pickleball Company

Indiana residents who want to correspond with the Enforcement Investigator for the Indiana Secretary of State Securities Division should send an email to [email protected].

Information provided by Lindsey Eaton,

Communications Director, Indiana Secretary of State

Whitaker Joins Brookville Town Council

Photo: County Clerk Neysa Raible swears in Richard Whitaker.

On January 18, 2024, Richard Whitaker was selected by the five Republican Brookville precinct committee members to fill the Ward 4 vacancy on the Brookville Town Council. Mr. Whitaker replaces Earl Moore, who resigned after moving away. This term ends on December 31, 2026.

In a speech, Mr. Whitaker spoke about the “awesome community” of Brookville and its Main Street. He hopes to see more progress by getting additional residents involved. When asked a question, Mr. Whitaker said twice that he was “not against” adding sewer lines on Reservoir Road. He commented that the sewer line process could have been better handled by more communication with residents. He acknowledged that the county is now responsible for the sewer project. He gave some general information about himself. He was originally from Cincinnati, was employed as a steel worker and has lived in Brookville for 18 years. He attended every meeting of the Brookville Town Council for the last three years. 

Another applicant was John Rudisell, who had previously run for Brookville Town Council in 2022, but he lost to Earl Moore by 47 votes. In Mr. Rudisell’s speech, he talked about listening to town residents and he created a form to gain input. Click to see the form. After Mr. Rudisell was not selected by the Republican caucus, he vowed to run for office again.

Justin Ball also applied for the position, but withdrew his name before the caucus.

Brookville Town Council has five members of which only two were elected: Bridget Hayes and Curtis Ward. Council members John Estridge, Dan Rottinghaus and now Richard Whitaker were appointed by Republican caucus after council members resigned.

Reported by Sara Duffy

Photo by Ruth Rowlett

Historic Stone House Gets a Facelift

The historic stone house on 1st Street in Brookville, Indiana, will be getting needed repairs to the stonework. According to county assessor records, the two-story residence was built in 1900. Since 2018, the Twin Forks Chapter of National Society of the Daughters of the American Revolution (DAR) has owned it. Last week, the Brookville Redevelopment Commission voted to provide a $30,000 grant to match $30,000 raised by the DAR chapter. 



Reported by Sara Duffy

“The Wondering Is Over”

On Thursday, January 18, 2024, the sister and daughter of Virginia Marie Lloyd Pennington were notified that her body had been positively identified. On July 28, 2023, she was swept away in a flash flood of Wolf Creek that demolished the cabin where she was staying near Brookville, Indiana.

Franklin County Coroner Brian Baxter worked in conjunction with the Dearborn County, Indiana, and the Hamilton County, Ohio, coroners, who made the identification by using x-rays. Mr. Baxter said that on Tuesday a farmer was checking his Pinhook Road property in Dearborn County, found a body adjacent to the Whitewater River and called 911. She was found 18.3 miles from where the cabin was in Franklin County.

Mr. Baxter said, “The family is very sad, but in another way, they are blessed that the looking is over, the wondering is over.”

First responders were frustrated in their early efforts to find Ms. Pennington. Hardy Harris Jr. age 49, was also swept away and his body was found on July 29, 2023, by search teams. Mr. Baxter said that at one point 300 people helped search the landscape by covering each grid on an area map. Teams with 19 dogs and other teams with aerial drones scanned the area. Volunteers did “land walks” and searched by boats on the Whitewater River. The intensive search continued for 30-45 days after the flood. “Texas Search & Rescue” and a special group from Columbus, Ohio participated in the search.

That July storm did extensive damage throughout Franklin County. Richland Creek Road is still closed where a large culvert was washed away.

Photos are of rescue teams at the command center, drone operators on a bridge and the flooded Whitewater River.

Reported by Sara Duffy

Some photos provided.

Beat Cancer in 4 Quarters

T-shirt Order Deadline - January 31

The Beat Cancer in 4 Quarters basketball game will be Friday, February 16, 2024, at the Spartan Bowl in Connersville, IN. This game is between the Franklin County High School and Connersville High School Boys Basketball Teams. The JV game will start at 6 PM with the Varsity game to follow. With this game, we also do a competition to see what school can raise the most money. The winning school receives the traveling trophy. Last year Franklin County raised $14,800.49

Order a t-shirt online before the January 31 deadline at https://fchsbeatcancer.itemorder.com/shop/home/

Click to see the other fundraising events.

Submitted by Tanya Wirtz, FCHS JAG Specialist

& Brandon Cowan

Register for free training at Eventbrite.

BCEF to Award $31,500 in Scholarships to BHS Grads

The Batesville Community Education Foundation (BCEF) is now accepting applications for its four scholarships that benefit Batesville High School (BHS) graduates, announced BCEF executive director Anne Wilson.  In total, $31,500 will be awarded by the nonprofit partner to the Batesville Community School Corporation (BCSC). Click to read more.

The BCEF common application, instructions, and details regarding all of the scholarships may be found on the organization’s website at BCEF. Scholarship applications are due to the foundation no later than 4:00 PM on March 1. Questions may be directed to Wilson at [email protected].

Submitted by Anne Wilson

New Director of Health & Wellness for Batesville Schools

Area resident Carli Weiler has been selected as the new Director of Health and Wellness for the Batesville Community School Corporation. Click to continue reading.

Submitted by Superintendent Paul Ketcham

Saint Peter's Pancake & Sausage Breakfast - January 28

St. Peter's Parents for Catholic Education will serve their annual pancake and sausage breakfast, Sunday, January 28, from 7:30 to noon. Located at the St. Peter's Community Building on St. Peter's Road between Blue Creek Road & Highland Center Roads. The public is invited to dine in or carry out. Sausage will be for sale while supply lasts. No pre-orders.

From Amanda Bischoff



Basic Computer Tips and Tricks: Need job hunting and resume-building assistance? Or perhaps help navigating the internet or other basic computer skills? Sign up for one-on-one help! You must RSVP by calling the libraries. You will receive a call from the library before your appointment to verify and answer questions about your needs so we can better assist you. Please email [email protected] if a different time slot is needed. Jan. 29 at Brookville Library from 12-5 p.m. and Jan. 30 at Laurel Library from 12-5 p.m.

Under the Snow: Join our friends from the DNR and learn all about the animals who rely on snow and leaf litter to keep warm in the snow. Jan. 30 at Brookville Library at 5 p.m. and Jan. 25 at Laurel Library at 5 p.m.

Submitted by Makenna Mays

Redlife Food Bank in Brookville 

Open every second and fourth Thursday from 4 pm - 6 pm and the third Saturday from 10 am - 12 noon. Please bring your own containers.

Submitted by Judy Drake



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