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From the March 22, 2000 issue
of the Brown County Democrat newspaper.
Headline news stories
Back to the Front Page Browse the archive of Back Issues
Loans sought to fund water project
Rate-payers and prospective customers will get the chance this week to comment on a loan application that could raise their rates; but would also mean hundreds of Brown County households could get public water for the first time.
The Brown County Water Utility could get out from under a state-imposed moratorium on setting new meters by 2002, and complete a number of other projects, if the loan is approved.
The utility board will hold a public hearing tomorrow night, Thursday, March 23, at 7 p.m. at Helmsburg Elementary School to take public comment on their application for $5.1 million in funding from the state revolving fund loan that would finance the new construction.
The list of projects which the state loan would fund includes:
• Two new water towers,
• A new eight-inch main which would allow the utility to bypass Nashville,
• About 205,000 feet of water lines to complete "loops" in different parts of the county,
• Three booster stations,
• Money to switch about 3,500 meters to a newer type that can be read electronically.
Also on the utility’s list are funds to build a new utility office building on property in Bean Blossom the utility bought last year
Paying for those improvements will mean a rate hike of as much as 39 percent, according to utility manager George Miller.
"This is going to require a rate adjustment, and we all know that, but it is basically going to benefit everyone in the county," Mr. Miller said.
"Our rate consultant is still working on the financials, but I’d say we’re talking in the neighborhood of 35 to 39 percent. That means if you’ve got an average bill of $28, you’re looking at probably a $10 increase.
"I’m sure everybody’s not going to be happy about that, but I also know that Brown County is growing by leaps and bounds," he said.
"I feel like we have to be out in front. I’m sure some people out here don’t want Brown County to change a bit, and I don’t necessarily disagree with them, but I also know that it’s going to change whether we like it or not, so we may just as well try to get everything up as best we can, and get the people who are here taken care of.
"There are lots of people out there right now who don’t have water," he said.
"We have right now probably 600 people that want meters set, that are on the waiting list, and that’s not counting on future growth. If we get the $5.1 million, if everything goes right, this should carry us well into the next 10 to 15 years.
By satisfying state requirements for lifting of a moratorium on new services brought on by a 1998 agreed order with the Indiana Department of Environmental Management (IDEM), the first phase of the project could clear the way for more than 600 potential customers, who have been on a waiting list for water meters, to finally get access to public water by the end of 2001.
"My feeling is they’ll fund it 100 percent," Mr. Miller said.
"The Department of Environ-mental Management is behind it 100 percent. Whatever our problems have been with IDEM, in the last six months we’ve had some really good help out of them. I have not always felt that was the case. Sometimes in the past I’ve felt like they were kind of picking on us, but in the last six months we’ve had a good rapport with the state. Hopefully it will continue and we can get this done."
"This is something that we’ve been working on with them for two years," he said.
"We’ve all been working pretty hard. We’re trying to please everybody, or at least get along with everybody, as much as possible."
The deadline for the preliminary engineering report is May 10. Approval could take four to five months.
After approval, the project would be bid out.
If the State Revolving Fund committee approves only a portion of the loan, projects will be cut accordingly.
Mr. Miller estimated that phase one of the project could be completed for $3.5 million.
Phase one would include construction of a 150,000 gallon water storage tank in the Trevlac/Lake Lemon area and a 250,000 gallon tank near Pike’s Peak in Van Buren Township.
Booster stations would be added at Mount Nebo, Peoga and Georgetown to increase water flow. And "loops" would be completed in the Carmel Ridge/Bear Creek/Slip-pery Elm Chute area; Poplar Grove/Becks Grove/Hilltop area; Ford Ridge/Wells Hill/Three Notch area; and the Fruitdale/ Hornettown Road/Horseshoe Road area.
"The major things are the loops," Mr. Miller said.
"Rather than having to go through what we went through in Van Buren Township before, we need to get a second transmission line in there. Right now we just have one main transmission line to get us all the way to Spurgeon’s Corner."
That would give the utility an option for providing service during a main break such as the one which occurred in February 1999.
That break and the resulting two-day interruption in service led to a threat from IDEM to assess $400,000 fine for failure to provide bottled water for customers during the outage. The fine was never assessed.
Phase one would also include 11,000 feet of eight-inch main on Wallow Hollow Road; phase two would add 15,500 feet of eight-inch main on Clay Lick Road to continue the construction of a large transmission line to State Road 46 East at Salt Creek Road.
"The second thing is to get a line around Nashville," Mr. Miller said.
"Right now, all the water we get to Van Buren Township has to go through Nashville.
"Hopefully, this will allow us to get some water out there without getting it through Nashville. It should help Nashville out tremendously.
"Hopefully, we’re going to put in another transmission line from the Freeman Ridge tower down through Wallow Hollow Road, and over the hill and through Timber Crest, then down Salt Creek and tie in there.
"Right now Nashville is supposed to be giving us 150 gallons a minute," he said.
"Van Buren is growing more than that to start with, and Nashville is growing too."
Mr. Miller said all of the proposed improvements will be within Brown County.
The project will include changing more than 3,500 meters to electronic radio-telemetry meters over a three to four year period. The utility would normally change out the meters every seven years anyway, but going to radio-computer readings will save time and gasoline.
"The guys will just drive by," Mr. Miller said. "We have a computer in the truck that picks up the readings automatically and they come back and we download it."
The utility has been running a test project on a meter-reading route in Van Buren Township, where about half the meters already use the radio reading system.
"We cut 12 miles off our route and we cut three hours off our reading time," Mr. Miller said.
"It also cuts down on time in the office. Right now, its great, because gasoline is about 60 cents more a gallon than it was a year ago. This is going to be a real help in that way."
Mr. Miller said while the public hearing is more of a "formality," he encourages interested people to attend.
"If people want to come and ask us what we’re going to do, I’m glad to talk to them," he said.
"This is something that will really bring Brown County up to date, where it belongs." —Jeff Tryon
Plan commission has a large agenda planned
The Town of Nashville will take their plan for a design review authority for new construction within town limits to the Brown County Area Plan Commission next week.
The town is on the agenda for the Tuesday, March 28, plan commission meeting at 6:30 p.m. at the county office building to discuss the proposal and to ask to delete portions of the Nashville zoning code which exempt certain areas from the town’s parking requirements.
The town would like to get a look at plans and designs of proposed buildings within town limits before they are actually built in order to make sure they blend with existing buildings and uses.
In addition to the requests by the town, the plan commission will hear petitions for planned unit developments at the Designscape nursery off State Road 46 West in Belmont and near Green Acres and Becks Grove roads in Hamblen Township.
The Designscape Horticultural Services, Inc. plan includes the existing nursery and a proposed retail sales area for nursery related items. The property is located at the intersection of State Road 46 West and T.C. Steele Road in Washington Township. The petitioners are owners Daniel and Debra Gluesenkamp.
Petitioner Mike Priest will also request approval of the outline plan for The Oaks, a residential planned unit development to be located at the west end of Green Acres Road, 3,400 feet west of the intersection with Beck’s Grove Road.
Other petitions include:
• A request by Henry and Betty Fleetwood for approval of a two-lot minor subdivision located on the west side of Lick Creek Road, a quarter-mile south of Cottonwood Road in Jackson Township.
• A request by Dennis and Renee Bamford for approval of a two-lot minor subdivision located off Stinson Road in Jackson Township.
• A request by Gary and Sheila Williamson for approval of a two-lot minor subdivision located off Creamer Road in Washington Township.
The following night, Wednesday, March 29, at 7 p.m., the Board of Zoning Appeals will hear petitions relating to a request for a cell phone tower off Old Haggard Road in northern Brown County and a request for a special exception to add sixty condominiums at the Salt Creek Golf Course off State Road 46 east of Nashville.
The hearing on the proposed cell phone tower was continued from last month’s meeting, where more than 40 people showed up, most to oppose it.
Crown Castle USA, Inc. is petitioning for a special exception to build a 315-foot tower on nine acres accessed off Old Haggard Road, about a mile south of the county line.
Nashville Golf, LLC, also was on last month’s agenda but postponed.
The golf course is seeking a special exception for a private recreational development at the existing Salt Creek Gold Club located off State Road 46 East near the intersection of Salt Creek Road in Washington Township.
The proposed recreational development will consist of the existing golf course and clubhouse and the addition of sixty condominiums to be constructed ion two phases.
In addition, the board is scheduled to hear a request by Duane and Sharon Guingrich for a special exception for a four-guest room bed and breakfast off Owl Creek Road in Jackson Township.
Also on the zoning board’s agenda for next Wednesday night is a request by George Lovett for a variance from an ordinance requiring a 50-foot right-of-way for private streets at his property off State Road 135 South in Washington Township. —Jeff Tryon
Town ordinance would permit
review of grievances
Citizens who have disagreements with the Nashville town council or any of the town’s departments, commissions, committees or employees will have a chance to resolve the disagreement before they "start pulling out lawyers" under a new ordinance discussed by the town council last week.
The new ordinance would provide a process for administrative review for all town decisions and actions before disputes get to court, which would save the town time and money on preparing for litigation.
"From time to time, regardless of good faith, people feel aggrieved by our actions," said Town Manager Roger Kelso.
"This ordinance addresses that, allowing people an organized method to address the council. They can petition and have their grievance heard without the need of a lot of legal maneuvering. The council then has a formal way to review that problem.
"We would like the opportunity for government to be a little more responsive to problems," he said.
Town attorney Ben Hoff said the idea grew out of previous litigation in which the town had been involved that some felt might have been avoided by the chance to air grievances before they turn into lawsuits.
"Now we will have a way they can come in and talk to us without going to the courthouse and filing suit," he said.
"It gets them here to talk to us before they start pulling out lawyers and costing the town money,"
The ordinance allows affected citizens to file a complaint with the town within 10 working days of "discovery of a particular grievance."
The council president and any two town council members would then hold a hearing on the complaint.
The council also discussed a grant application by the town marshall for a new police department building.
Marshall Jack Dorsett said he has prepared an application for a $350,000 "Build Indiana" grant to purchase and renovate a Nashville building for police department use.
Neither the council nor Marshall Dorsett explained which building they had in mind, but sources indicated the building being vacated by the public library, near town hall, is the site under consideration.
Council president Jo Quigley said the council needs more figures to work with in making a decision.
She asked where the money would come from to do maintenance on a second building. Marshall Dorsett indicated that cost would be added to the police department budget.
Council member Leo Dreske said the council needed to see a proposed operating budget.
"I realize the problem we have with space," Mr. Dreske said. "It seems like the day we moved in, we were overcrowded."
Council member Slim Smith suggested relocating the town marshall at the former Onya LaTour community Center which the town is in the process of trying to buy.
"Why spend more money? Let Jack go down there," Mr. Smith said.
"I don’t think we can afford to keep up the (old library) building."
Ms. Quigley pointed out that, starting next year, the town will have to take over paying an officer that is currently funded through a grant or lose the officer.
"I don’t want to see taxes raised," she said. "People are going to scream about that."
Marshall Dorsett said he would bring the council a more detailed financial report on the proposed project.
In other business last week, the town council;
• Discussed a proposal by Mr. Kelso to seek outside funding to set up a siren and radio severe weather alert system. Mr. Kelso said the town area could be covered by two sirens and the public could be informed to tune to the low-frequency A.M. radio station for more information when they heard the siren warning.
• Discussed the town’s part in sidewalk repairs around the Village Green area. The county is taking out some diseased trees at the four-corners area around the intersection of Jefferson and Main streets, and the two will take the opportunity to improve curbs and sidewalks in the area. —Jeff Tryon
‘Light mapping’ to help council debate
If you see a bearded guy walking around Nashville, peering into a small electronic device and scribbling notes, don’t worry. He’s not a spy.
It’s probably Town Manager Roger Kelso, making a light map.
Mr. Kelso gave the town council a first look at his methods in attempting to quantify the amount of light spilling off of various locations around town at last week’s town council meeting, showing them a map displaying light-level readings taken at 50-foot intervals recently on Van Buren Street.
The resulting grid is meant to give council members a frame of reference for putting a number on the brightness of various businesses, Mr. Kelso said.
The light map is the town’s newest tool for enforcing a proposed outdoor lighting control ordinance.
"What I’m shooting for is what the council thinks is reasonable," Mr. Kelso told the council."
He said he started by making a preliminary map of locations along Van Buren Street because, "on Van Buren Street you can see everything on one street from extremely low to extremely high lighting."
It was the installation of new lot lighting at the new Amoco station on South Van Buren that first spurred the council to action on limiting the amount of light town businesses could generate.
For the preliminary map, Mr. Kelso said he took readings every 50 feet along Van Buren between Main and Gould streets, Main and Franklin streets and Washington Street and the intersection of state roads 135 and 46.
"All I’m looking for is examples of lighting levels," he said. "(The council) will be asked to make a judgment call on what is (too bright)."
He said it takes between three and five foot/candles to light a sidewalk well enough to recognize an approaching pedestrian. He said the intersection of Main and Van Buren, next to the Nashville House registers about three to four foot/candles.
He said the town’s petroleum distributors "are all about two to three times the levels they need to be" according to standards established by the Outdoor Illumination Engineering Association.
He said that demonstrates the "ratcheting up" of outdoor lighting as various businesses compete to attract customers.
"You really want to be able to identify and attach a number to it so everybody can agree and see what they approve of and don’t," Mr. Kelso said.
Downtown business owner Jim Lawrence said the ratcheting up of outdoor lighting during his 20-plus years in Nashville has reduced the number of visible stars from town from about 2,500 to about 300.
"Some businesses have decided to turn their business into billboards," Mr. Lawrence said. "The end result is everybody ratchets up, energy is wasted and we have distracting glare and a skyglow problem."
"According to Roger’s figures, Nashville is well within standards," he said.
"Downtown Indianapolis is darker than the corner by the Nashville House," he said.
The council will continue debate on the new lighting ordinance at a later date. —Jeff Tryon
Police accuse woman
in string of burglaries
A Bean Blossom woman is facing multiple felony charges in connection with a series of thefts from four separate homes in northern Brown County.
Police allege the burglaries began last May, but was at their height in October and December.
Brenda S. Leggins, 36, Old Settlers Road, was charged last week with four counts of burglary, class B felonies, and four counts of theft, class D felonies.
Among the items missing from the homes was Pokemon Cards, Beanie Babies and prescription medication.
According to Brown County Sheriff’s Deputy Leon Walls, he took a report of missing medications at a home on Branstetter Road in Jackson Township in May.
Sam McCandless told police he noticed some prescription pain medication missing.
He assumed the pills had been thrown away until noticing some money missing also, according to the report.
Mr. McCandless told authorities that he saw Ms. Leggins walk out from behind his home. She had asked for permission to fish on the McCandless property.
Mr. McCandless told Ms. Leggins to leave and not come back, according to the paperwork.
Police allege the next burglary came in early October, when Kini Fox noticed some prescription medication and several Beanie Babies missing from her home.
According to the paperwork, Ms. Leggins had come to the Fox home hoping to bring Mrs. Fox a Christmas gift. Mrs. Fox’s husband told Ms. Leggins that she wasn’t home, and to come back on December 11, to present the gift.
Ms. Leggins was caught inside the Fox home early last December, according to the court documents.
Sheriff’s Deputy Steve Brahaum had set up surveillance of the house near Spearsville.
Ms. Leggins approached the officer to ask directions to another home in the area, the document states.
According to the officer, Ms. Leggins drove toward the house.
A short time later, he heard dogs barking behind the Patrick house, which is close to the Fox house.
Deputy Brahaum knocked on the door, which was ajar.
Getting no response, he stepped inside and found Ms. Leggins walking towards him.
A search of her pockets revealed several Pokemon cards, the report states.
The homeowner was contacted and told officials she didn’t know who Ms. Leggins was and hadn’t given permission for her to be in their home.
Around October 16, police believe Ms. Leggins broke into the home of the late Barbara Williams and took some prescription pain medication, sun catchers and a lamp.
A later search of the Leggins home turned up two Beanie Babies, a lamp and sun catcher, similar to those that were stolen.
—Steve Arnold
Bedford woman charged with theft
Trying to run with two ceramic angels that she didn’t pay for may be the downfall of a Bedford woman.
She’s now facing a felony theft charge in Brown Circuit Court.
Vicki J. Walters, 56, was identified by witnesses as the lady who took, among other things, a birdhouse and a pair of ceramic angels, from Michael’s Flowers in Nashville earlier this month.
Two witnesses saw Ms. Walters rush from the shop allegedly concealing something under a coat she was wearing and get into a truck parked nearby.
The witnesses were able to give police a license plate number from the truck, according to the court documents.
Nashville Town Marshal Jack Dorsett happened to be in Bedford at the time and was asked to go to Ms. Walters’ home and investigate.
When he arrived, Marshal Dorsett said he saw a pair of ceramic angels on her porch.
Ms. Walters told Mr. Dorsett that she hadn’t been in Nashville when the items were taken.
After being told there were witnesses that saw the thefts, she told the officer that she had been in Nashville, but that no one saw her steal any angels, according to the court paperwork.
On closer examination of the angels, Marshal Dorsett said he saw a $38.95 price written in magic marker that flower shop workers said would be found.
Ms. Walters told Mr. Dorsett that if the statuettes were stolen, he could take them.
The same witnesses identified Ms. Walters from a photo line-up on two occasions. —Steve Arnold
Politician is facing charges
of supplying kids with booze
A Republican precinct committeeman from Washington Township was charged recently with allegedly furnishing alcohol to a minor.
The misdemeanor charge was filed against Andrew G. Howard, 33, Bear Creek Road, last week in Brown Circuit Court.
According to the court paperwork, Brown County Sheriff’s deputies were investigating a tip about an underage drinking party on Upper Schooner Valley Road Monday evening, March 6.
When police arrived at a rental cabin, they saw two minors run from into the structure from just outside, according to the court documents.
When Deputy Rick Followell went to the front door of the cabin, he saw the two young men emerging from a back room. Five girls and a woman over the age of 21, were in a hot tub near the front door, the officer said in his statement.
While in the cabin, Deputy Followell said he saw empty and partially empty beer cans throughout the rental cabin. All but one of the minors admitted to drinking alcohol, the paperwork stated.
Deputy Followell received written statements from five of the minors who told him Mr. Howard, who owned the cabin, had supplied them with beer. —Steve Arnold
Council cuts funding for Solid Waste
The Brown County County Council pulled tight on the county’s purse strings last week, voting unanimously to remove funding options for the county Solid Waste District.
Council members decided that, with over $300,000 in their coffers, the district has more funds on hand than it should need for at least a year, as much as in the county general fund.
The council voted to remove County Adjusted Gross Income Tax fund (CAGIT) money from the budget for solid waste and also voted against authorizing an increase in the district’s tax levy, although that rate could still be hiked by the state.
Officials said about $110,000 in CAGIT funds could be redistributed back into the budget and be divided between all entities with an authorized tax levy including the county, the school system and the public library.
Council member Bev Kelp indicated that the solid waste department doesn’t need the CAGIT funds or an increased tax levy.
"I would like to suggest that they have ample money without the maximum levy and I think this is an inappropriate time to ask for it," she told solid waste Director Michelle Cohen.
"You have more money than any (other department). This is the only control the county council has over solid waste.
"You don’t go by the same regulations that the rest of the county does and, based on that, I would suggest that we deny CAGIT and do not sign off on this maximum levy resolution."
Ms. Cohen agreed with Mrs. Kelp that the department has "anywhere between $300,000 and $400,00" in its accounts now.
She said the solid waste budget this year is about $250,000 and $40,000 of that is for capital improvements, which means the annual operating budget is about $210,000.
Mrs. Kelp said the county general fund has about $300,000 for this year.
Ms. Cohen said she just gives the state tax board her financial numbers and they make the decision on the tax levy.
That means the state board of tax commissioners could override the council this summer and raise the district’s tax levy to replace the funding.
"I contend that if any county department has excess money, a surplus of money, then they should try to live within their budget and shore up another area that needs it more," Mrs. Kelp said.
"The county general could really appreciate the additional share (of CAGIT funds) they’ll get if solid waste doesn’t get it.
"I think you have a surplus," she said.
"I don’t disagree with that," Ms. Cohen said. "I just rely on what the state says."
Ms. Cohen said that it had been suggested to her that the county could use the CAGIT funds elsewhere, and her department could fall back on its tax levy to replace the funds.
She said she talked it over with the state board of tax commissioners and they suggested that she prepare a resolution for the council authorizing increasing the tax levy, which she said is required for an increase over five percent.
"They were saying if you don’t get the CAGIT money, you’ll have to get money from somewhere and that will include your property tax levy," she said.
"Because the levy will be done before budget time, she suggested I take the maximum levy from 2000 and increase that by 10 percent."
She said while the department is not required to use all of it’s available tax levy, if it takes the CAGIT money, it takes all of it.
Council president Cindy Rose Wolpert worried that, even with the county denying CAGIT and a resolution supporting an increased tax levy, the state board of tax commissioners could still increase the property tax levy.
"It looks like we’re going to get zapped with a five percent levy on property taxes, which will collect $270,000 from the taxpayers, if I understand correctly, so what are we saving?" she asked.
But Commissioner Amy Couch, who sits on the solid waste board, said it is unlikely the state will approve the excess tax levy with the district holding enough money to get through the next budget year.
"I don’t think they’re going to be able to support an excess levy if we don’t give them CAGIT because there’s $300,000 there," Mrs. Couch said. "I’m pretty confident, personally, of that."
She pointed out that this will be the first time the Solid Waste District has gone before the state tax board without a capital funds project in the works. The district just moved into their new offices and recycling center next to the new county highway garage last fall.
"I don’t know if they will say ‘Well, you’ve got $300,000 here, there’s no need for this five percent (increase).’ But what she’s wanting is the option, if they don’t view it that way," Mrs. Couch said.
Mrs. Kelp said that although the council denied the tax levy to fund the budget for a fire district, the state reinstated it to the maximum allowed levy.
"I don’t care too much for letting taxes be raised by an outside body," said Councilman Dave Critser.
"They’re going to override whatever we say here. If we deny CAGIT the state is going to come back and say ‘You’re going to have an excess levy.’ If we do not do CAGIT, it’s up to the state to decide whether they’re going to raise the levy or not."
But Mrs. Kelp indicated that is the state’s decision to make.
"I don’t think we should sit here and be afraid of what the state is going to do," she said.
"Let’s do our job and let them do their job."
Commissioner Guy Platter agreed.
"I think if we’re standing as a matter of principle, we have an obligation to be fiscally responsible.
"If they’ve got $300,000 and they can take care of themselves for a year or two, then we have a responsibility to say, ‘Hey, we’ve got other priorities in this county and we have to spend that money someplace else.
"If the state wants to come down and bully their way into it, that’s fine, but I think that would leave us with a clear conscience."
Commission chairman Jim Gredy said the department should not be denied funding as a means of increasing local control.
"I don’t think you should deny it based on what your authority is," he said.
"Solid waste was not set up by Michelle and it was not set up by the county. It was set up by state law and state code. If you don’t like solid waste, that’s a political matter that needs to be dealt with, but lets be realistic, let’s don’t try to strangle it."
"The whole thing is, it’s either going to function or it’s not. It’s one of those things that solid waste cannot be done halfway. Either we’re going to do it or we’re not going to do it.
"Your conflict seems to be more with the way it operates as set up by the state, that it’s not under the control of an elected body and I don’t have a problem with that," he said. "But that’s just simply the way it operates."
Mrs. Kelp said the council’s decision puts solid waste on notice that ". . . you’re going to be a little short."
"It’s telling you now that maybe you need to watch a little bit for the year 2001, you might not have the money to operate," Ms. Kelp said. "Then in 2002, we have the option to give you back CAGIT.
"Solid waste is not going to fail based on this decision."
"There’s no way it could totally go under in one year, is there?" asked Mr. Critser.
"I wouldn’t think so," Ms. Cohen replied. "I would hope not."
—Jeff Tryon
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