Issue 1194

November 28, 2022

Editor’s note: Commissioner Tom Wilson sells real estate at RE/MAX Preferred Choice in Brookville, which is owned by Brian Bauman and Mike Lucas.

Photo of Mr. Wilson as real estate agent on RE/MAX’s website.

BACKGROUND

County Surveyor Rob Seig has been working for over a year to develop standards for drainage, erosion control and street construction to fill a gap in the county’s zoning code for subdivisions and large commercial developments. He started on a six-chapter guide using information from both the state of Indiana, Henry County and the town of Batesville. Mr. Seig intended that having this information would help developers construct new roads to county standards and would enable the county to adopt the roads for future maintenance.

Elkhorn Estates Subdivision in Whitewater Township is one example of a development in which the county would not accept ownership of the roads.

In July 2021, Mr. Seig completed two chapters and the county commissioners voted unanimously to adopt Ordinance 2021-11, which was a 137-page manual that supplemented the county zoning code.

The county’s zoning code has only four pages of text and very little direction about erosion control and drainage. Much is left to the opinions of the county surveyor or the planning commission director. Here is an example from Section 80.08.05(A)(3):

“Measures used to control erosion and reduce sedimentation and to provide drainage shall as a minimum meet the standards and specifications of the Franklin County Surveyor or respective participating Town Board of Trustees and the Franklin County Soil and Water Conservation District.”

PASSED AGAIN BY THE COMMISSIONERS

In October 2021, Mr. Seig told the commissioners that D&G Development, LLC. asked him for instructions regarding the rules for lots on Reservoir Hill north of Brookville. According to Mr. Seig, the developer complained to him that they should not be held to the new standards, because the standards were not published on the county’s website. State records show Stephanie Graf as the “governing person” of D&G Development, LLC.

To resolve the complaint, the commissioners rescinded the earlier ordinances for storm water development plans (Chapter 3) and for street construction standards (Chapter 4). Next, they readopted the same ordinances to be effective the same day and to be posted to the website as Ordinance 2021-13.

STANDARDS RESCINDED

Last month, the commissioners voted to rescind the standards written by Mr. Seig and previously adopted by them.

In response, Mr. Seig posted the standards to the surveyor’s page of the county’s website. He referred to his authority in the county’s zoning code.

THE DEBATE

Brian Bauman had several criticisms of the standards written by Mr. Seig and adopted, but later rescinded, by the commissioners. Mr. Bauman said the surveyor’s standards on the county’s website were not valid. He did not want Franklin County using standards adopted by other counties and Batesville. He said that the 2010 zoning code written by the Citizens Input Committee and state of Indiana rules were sufficient. He wanted the zoning code “to be constant” and not changing. He said that the commissioners are in charge of zoning regulations and not the county surveyor. He suggested hiring an engineer to write new standards for the county.

Mr. Seig and Mr. Bauman argued back and forth with points and counter points.

Mr. Bauman said that Mr. Seig “has a passion for drainage” and his standards have “a lot of rules.” Mr. Seig replied there were no amendments made to the original zoning codes since 2010 to protect the public from drainage problems. He agreed to “can the whole thing” and to sit down with interested persons and redo the standards for drainage, erosion and streets.

Mr. Seig asked that the county set a moratorium on new subdivision or commercial permits until new standards were in place. He worried that developers would file for new permits soon and expect their work to be “grandfathered in” and not subject to any county oversight. “It could be catastrophic,” said Mr. Seig.

Mr. Bauman took issue with Mr. Seig’s work as the county surveyor. Mr. Bauman did not want the county surveyor to inspect anything on his properties with one exception - any section corner markers.

Mr. Bauman said that more zoning rules would increase the cost of building and add “more aggravation.” He said, “Take the power away of the surveyor and give it back to the Area Planning Commission and the commissioners.”

Mr. Seig contended that the standards he proposed are meant to protect the health and safety of Franklin County citizens. The rules were not about power, said Mr. Seig.

AUDIENCE’S OPINIONS

Those who spoke in the audience were in favor of tighter rules. County Clerk Neysa Raible asked about adopting Dearborn County’s standards for subdivisions and business properties. Her husband is a builder in Dearborn County and she said, “He knows it is done right.” She continued, “As a county official, I just don’t feel this is right.”

Reservoir Road resident Marty Hacker recounted the plight of a neighbor who has lived nearby for 45 years. She had no drainage problems until a new house was built behind her lot before there were any standards. Her basement flooded twice and she spent an estimated $15,000 for repairs. Mr. Hacker insisted the county “has got to have standards” before developers start building 200 new homes on Reservoir Road near the golf course.

Monica Yane was concerned that developers would “take advantage” during a time period when there were no standards. She said, “Get to work on it so we have a set of standards that guides our county.”

Gus Adams of Laurel spoke in favor of having “some kind of standards”.

Gary Yane of Salt Creek Township asked, “Who wants a change here? A commissioner or a developer?” Brian Bauman replied that he wants “direction” as to whether the surveyor’s standards are legal. He did not want changes made to the zoning code. He did not agree with waiting to build until there are new standards.

Mr. Seig said that he had not changed the zoning code. He followed the zoning code, which says the surveyor sets the standard for drainage.

Mr. Yane commented, “Let's get this straightened out. Why are you arguing?”

Commissioner Wilson said the standards set by the surveyor were not binding or valid unless they were officially made part of the zoning code by the commissioners. He asked Area Planning Commission (APC) board member Daryl Kramer whether the APC could review and complete new standards at their December 14 meeting. Mr. Kramer doubted the APC could complete a review of several chapters of technical standards by that date. He offered to meet every week to try to complete the job. He said, “We will do the best we can.”

Afterwards, people in the room called the meeting “confusing” and “chaotic.”

MOTION TO INVALIDATE

The commissioners passed a motion to invalidate the standards written by the county surveyor until such standards complete a formal review process and are added to the zoning code. The commissioners are the final authority for what is written in the zoning code.

DRAINAGE PROBLEMS

Mr. Bauman asked about drainage problems the county had from new construction since the CIC zoning code was adopted in 2011. There was no answer from the commissioners.

Over the years, the county commissioners have talked about the problems caused by storm water runoff from driveways flooding county roads.

Periodically, residents would petition the commissioners in their role as the drainage board to fix a storm water problem that was allegedly caused by a neighbor. After several years of two neighbors (Don Jones and Jerry Erfman) appearing before the commissioners about a disputed water issue, the commissioners decided to use county resources to fix a drainage problem on Reservoir Road near the golf course entrance.

County residents have also come to the commissioners seeking help when a neighbor made a change to their property and the residents experienced water or mud problems as a result of the change. The commissioners often declined to get involved and said these issues were a civil matter to be handled between neighbors or settled in court.

NEW NUISANCE ORDINANCE TOO

Commissioner’s attorney Grant Reeves asked the commissioners what changes they want to a new nuisance ordinance. Did they want fines, an enforcement officer or action taken through a court? The commissioners came to no decision or took no vote.

Photo Below: Debris burning in an illegal dump on Gobblers Knob that was reported to county and state officials in February 2022. Photo provided.

The commissioners passed the original 16-page nuisance ordinance in July 2021, because they said they needed authority to deal with complaints. One such complaint was about dozens of dogs kept inside a residence. On July 15, 2022 the Indiana Board of Health became involved and removed 90 dogs.

Then the following month (August 2022) the commissioners terminated the county’s nuisance ordinance, because they said it proved to be difficult to enforce. During that August meeting,

Commissioner Wilson said that he did not want county employees to go on private property to clean up a problem after proper notice to the owner. He also told county council to delete $20,000 in the 2023 budget for enforcing the ordinance and paying for cleanups. Commissioner Gerald Wendel said that he wanted the ordinance rewritten to only charge fines for violations.

The next meeting of the county commissioners will be Tuesday, November 29 at 10 am.

Reported by Sara Duffy

Real Estate Activity

In the last year, there has been a flurry of activity in real estate acquisition and several proposals made for large-scale development.

Documents filed with the regional economic development group show several proposals for Brookville Township near Brook Hill Golf Course. The Reservoir Road Housing Initiative is projected to build 220 housing units and related infrastructure. The $30 million cost would be a combination of private, public and grant money. Over 1 to 5 years, the project would build townhomes and condominiums of unspecified cost as well as single-family homes priced at $200,000 - $400,000.

Photo: Housing units to be built in Reservoir Road area by three developers.

Photo: Investments to be made in Reservoir Road area by three developers.

WHO ARE THE DEVELOPERS?

According to records of the Indiana Secretary of State, below are the governing person(s). 

Photo: S & W Homes, LLC. owns lots on Par Drive that border Brook Hill Golf Course.

Photo: D&G Development, LLC. owns lots on Reservoir Road in the area referred to as “million dollar hill”.

Photo: Battle Point, LLC. No lots found on the county assessor’s website in this name.

OTHER AREAS OF FRANKLIN COUNTY

County residents report acreage in Whitewater Township has been sold for possible development as subdivisions. A real estate agent recently bought 40 acres on Davison Road in Salt Creek Township and the neighbors have been unable to learn how the property will be used. Financial firms are mailing letters looking to buy large tracts acreage in the Southgate area of Highland Township. Land agents for solar projects are once again looking to secure purchase options for farmland in Bath Township.

Reported by Sara Duffy

Franklin County School Board

November 14, 2022

• The Operations Fund was in the red. All other funds were substantially above last year's levels at the same time. $1 million from a 2021 bond was invested at Bath State Bank.
• Options for the new synthetic turf field were discussed.
• The school board recognized the retirement of Director of Maintenance Dennis Brown.
• Board member Terry Bryant was absent.

MIXED FINANCES

Once again the school corporation has a negative balance in its Operations Fund, which receives revenue from local property taxes. Business Manager Kendra Franks explained that the schools had requested and received an advance payment ($100,468) of the fall property taxes, but had not yet received the full amount.

To make up the shortfall of a negative $253,393 in the Operations Fund, Ms. Franks is permitted to use cash from other funds. All funds will have to be balanced at the end of the calendar year. She noted that the schools normally receive 60% of the property tax revenue in the spring and 40% in the fall. Mrs. Franks does not expect a large amount to be forthcoming.

On the bright side, the cafeteria fund has well over $400,000 on hand and some of this money will be transferred to the Operations Fund to pay for the indirect costs of running the cafeterias.

The Education Fund has a balance of $3.6 million, which is three times greater than one year ago. The money for this fund comes from the state and is based upon student enrollment.

The board approved a grand total of $751,126 in claims for October.

2021 GENERAL OPERATING BOND INVESTED

The school board voted to invest $1 million remaining from the $5 million general operating bond that was issued in 2021. The money was invested at Bath State Bank for 18 months at an interest rate of 3%. Ms. Franks reported that the bank would honor any increase, if they raise their rates in the near future.

SPENDING 2022 GENERAL OPERATING BOND &

OPTIONS FOR SYNTHETIC TURF FIELD DISCUSSED

Ms. Chavis said that the new $2 million general operating bond will close on November 30 and the money will be immediately available to spend on previously approved projects. Those include an artificial turf field, new air conditioning for the high school and roughly $750,000 for roof repairs at the middle and high schools.

Next, Ms. Chavis reported on visits to other schools to view synthetic turf fields made of cork, coconut fiber or black rubber. She expects to advertise for bids for the new synthetic turf before the end of December. The useful life of the synthetic turf depends on how much the field is used and how it is cared for. The turf must be “brushed” at least one a week. The new field could be used even in winter weather. The staff currently spends a considerable amount of maintaining the grass field, which is not used in winter. School board member Beth Foster commented that a black rubber field, which she saw at a nearby high school, “looks awful in the snow.” Athletic Director Denny Dorrel had requested that the new field look like real turf.

New chillers and pumps for the high school’s air conditioning system will be bid in February 2023. The estimated cost is $450,000. An earlier facilities study showed that the current equipment is past its life expectancy and needs to be replaced. Construction of the equipment and installation will take one year. Project completion should be in January 2024.

RETIREMENT CELEBRATION

Superintendent Tammy Chavis praised Director of Maintenance Dennis Brown who officially retired October 31, 2022. She said that he was back again two days later and was assisting the new head of maintenance. She said that Mr. Brown started work on October 24, 1974 at a pay rate of $2.75 per hour. She said, “He is truly one of a kind” in his 48 years of dedicated service to the schools. She reminded everyone that Lancer + Beebe, LLC commended Mr. Brown for his maintenance of the buildings in their 2021 study of the physical condition of school facilities. Mr. Brown was not present.

Other celebrations were previously reported in the November 17, 2022 issue of The Observer.

NO SCHOOL ON SOLAR ECLIPSE DAY IN 2024

The school board viewed a draft 2023 - 2024 calendar for next school year, but they did not take a vote. There will be no school on April 8, 2024, because that day is the solar eclipse and Franklin County is one of the prime viewing areas. Connersville will also cancel school on this day.

Fall Break - Last week of October 2023

Christmas break - December 22, 2023 through January 3, 2024

Spring break - Last week of March 2024

Last school day - May 23, 2024

Graduation - June 2, 2024

SALE OF REAL ESTATE FINALIZED

On October 10, 2022 the school board voted in favor of selling 1020 Franklin Avenue to the Franklin County commissioners for $75,000. At their November meeting, they signed two documents to finalize the deal and to make it effective upon the Town of Brookville vacating the building. Board member and attorney Grant Reeves recused himself from voting, because the county commissioners are his clients.

SNOWPLOWING CONTRACT

Whitetails Acres asked to be removed from the third year of the snow removal contract. Two bidders responded. The Laurel area was awarded to Mike Ferman and the other locations to Kolter Brothers.

The schools purchased the remaining salt supply from Whitetail Acres at 20 cents per pound.

DONATIONS

Stayin’ Alive donated $2,000 for the Franklin County High School Student Council’s After Prom. Click to read more about other donations and personnel changes.

The next regular school board meeting will be December 12, 2022 at 7 pm. A special meeting will be held on November 28 at 6:30 pm as required by state statute before signing a school superintendent’s contract.

Reported by Sara Duffy

Franklin County Redevelopment Commission (FCRC)

October 25, 2022

• Commission President Bill Schirmer explained the partial public financing of the natural gas pipeline extension on State Road 101.
• State Road 1 development may be the next “big deal project.”
• Members Jana Selke and Scott McDonough were absent.

Partial Public Financing for Gas Line

President Bill Schirmer reviewed the project financing for Sycamore Gas’ natural gas line installed on State Road 101 from Brookville to the industrial zone where the new Reid Health Medical Center is being built. The overall cost is $1.3 million.

Franklin County was awarded a $250,000 grant from the Regional Economic Acceleration and Development Initiative (READI) for the gas line. The county commissioners committed to paying $250,000, which will likely be split as follows:

• $125,000 from money controlled by FCRC
• $125,000 from money controlled by the commissioners.

No bills have yet been received from Sycamore Gas. To be prepared, Mr. Schirmer budgeted $250,000 of Tax Increment Financing (TIF) money for 2023 in case TIF pays all of the county’s commitment for the gas line.

“BIG DEAL PROJECT”

Looking at State Road 1

Consultant Nick Lawrence told the group about the lengthy process to bring a “big deal project” to conclusion. The state of Indiana prefers that an economic development project be regional in scope, attract new residents to Indiana and be financed by a mix of private funds and public money.

The next project discussed by the FCRC was the development of the State Road 1 corridor near the I-74 St. Leon exit. John Palmer, President of the Franklin County Economic Development Commission, is working with One Dearborn Economic Development Commission to secure a grant for planning the best future use for State Road 1. Mr. Palmer said they would be looking at an area near the East Central school campus in Dearborn County to the Southgate Business Park, about five miles away in Franklin County.

Mr. Palmer said that parts of this area are lacking in sufficient electric power, natural gas, sewage or water for a major development. He is hopeful that a grant-funded contractor would provide answers about what kind of development residents want to see in this area and also what they don't want to see.

WHERE’S THE PILOT?

Mr. Schirmer will follow up with commissioners’ attorney Grant Reeves about the document he was to prepare regarding the 15% payment-in-lieu-of taxes (PILOT) that the county commissioners approved in July for Franklin County Community Schools. The PILOT would partially compensate for property tax money that the schools were losing in TIF districts. 

The next meeting of the Franklin County Redevelopment Commission will be November 29 at 5:00 pm in the government center, first floor.

Reported by Sara Duffy

Ms. Duffy is a non-voting member of FCRC representing the Franklin County school board.

Open Enrollment Ends

January 15, 2023.

What to Know to Get Health Insurance Coverage for 2023.

Review your plan each year to ensure it meets your health and budget needs. Open Enrollment for 2023 is November 1, 2022, to January 15, 2023. The carriers offering individual Marketplace coverage in 2023 are Anthem, CareSource, Cigna, MHS/Ambetter, and US Health and Life dba Ascension Personalized Care. Certified Indiana Navigators are available to help you enroll in a plan. Click to read more.

From Indiana Family & Social Services Administration



Metamora Christmas Walk is open Fridays, Saturdays and Sundays through December 18, 2022.



Christmas Concert - Dec. 2



The Isaacs’ concert is Friday, December 2, 7:00 pm at the Lew Wallace Auditorium of Franklin County High School. Tickets $20 are available at The Rileybrook Arts Center, 740 Main Street, Brookville, IN or by calling Elaine Dorrel at 513-532-6074.

Submitted by Franklin County Arts Council



Holly Jolly Holidays Parade & Tree Lighting - Dec. 2

Friday 4 – 8 pm Batesville, IN. The festivities will begin throughout downtown at 4 pm. Santa’s Village on George Street opens at 4 pm. The Chamber Parade will start at 6 pm with the City of Batesville Tree Lighting immediately following. The Gibson Theatre offers a free holiday movie at 7:30 pm.



Cookie Walk & Craft Bazaar - Dec. 3 

Brookville United Methodist Church Women in Faith will host the Annual Cookie Walk & Craft Bazaar, Saturday December 3, 9 am - 12noon. $8 per box. Handmade crafts. 

Submitted by Bethany Mortashed



Holiday Tour of Historic Homes - Dec. 3

The Brookville Holiday Tour of Historic Homes is a seasonal favorite. Come and visit 6 of the premiere historic homes in our beautiful town. Holiday Tour is from 1 pm to 4 pm on Saturday, December 3rd.

Advance ticket sale price is $25. Purchase online at Eventbrite.com or at The Cutting Edge (701 Main Street). Tickets are $30 at the door.

The Holiday Tour of Historic Homes begins at The Hermitage Bed & Breakfast at 650 E. Eighth Street in Brookville, Indiana. Your printed tour guide with the addresses of the historic homes is available at The Hermitage the day of the event.

Photo: Stained glass ceiling window and peacock decoration on The Hermitage staircase. Photo by The Observer.

This one-day event will feature some of Brookville's best historic homes in the Brookville Historic District. Guests are encouraged to explore the beauty of Brookville's architectural history in the peak of the holiday season. Homes are not handicapped accessible. Sponsored by Main Street Brookville. Email: info@MainStreetBrookville.org.

Submitted by Nancy Main



Boar's Head Festival at Holy Family Church - Dec. 3

Saturday, Dec. 3, at 7:30 - 8:30 pm at 3027 Pearl Street, Oldenburg, IN. The Batesville Area Arts Council is pleased to once again present The Boar’s Head Festival. A perfect way to celebrate the traditions of the holiday season, this free event is suitable for viewers of all ages.



Holidays under the Spires - Dec. 3



The 20th annual Holidays under the Spires in Oldenburg, IN is coming up on December 3rd! Click to learn more about Christmas choirs, events, live reindeer and more.

Submitted by Elizabeth Schulte

The Holidays under the Spires Committee

Live Nativity Lives On - December 10

St. Anthony of Padua Catholic Church will host their 36th annual Live Nativity from 5 to 9 p.m. Friday, December 9, and Saturday, December 10. This free community event is open to all.

Along with the Living Nativity Scene attendees can also view manger animals. Complimentary hot chocolate and treats will be available to enjoy while listening to local musicians and choirs preform Christmas Carols. While you visit, make sure to take a minute to make a children’s craft and create an Angel Ornament to memorialize a loved on our Angel Memorial Tree.

This event could not be a success without community volunteers coming together to remember over three decades of memories and create new ones each year. Organizer Sean Glaub hopes that this year will be their best yet.

Submitted by Vanessa Beetz

Winter Wonderland in Brookville Town Park

Open dusk to dawn.

Around the County

Food Pantry - Dec. 6 & 20

Franklin County High School Food Pantry: 4-5:30pm

Come to Door A16 for pick-up. Click to see the future dates.

Submitted by Tanya Wirtz, FCHS JAG Specialist



Franklin County Historical Society’s Christmas Special - Get the 1915 REIFEL HISTORY OF FRANKLIN COUNTY INDIANA for $25. Call Shea at 765-647-5182 or Beneker at 765-647-7365.

Submitted by Martha Shea

Coats for Kids Fundraiser

Since COVID we have been purchasing new coats and the kids get so excited to get a brand new coat that we’ve decided to fundraise every year to get new coats. Please give through the Facebook fundraiser, or mail a donation to PO Box 105 Brookville IN, 47012 with Coats for Kids specified in the memo.

Submitted by Kelly Bulmer, Executive Director

United Way of Franklin County