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From the June 21, 2000 issue
of the Brown County Democrat newspaper.
Headline news stories
Back to the Front Page Browse the archive of Back Issues
Town passes lighting law, discusses noise rules
See me . . . Hear me . . . Ticket me?
The Nashville Town council adopted an ordinance concerning outdoor lighting in town and discussed changes in other town rules to curb loud sustained noise, including music from boom boxes and car stereos.
The long-debated lighting ordinance will regulate flood lights and other types of lights visible from town streets.
The ordinance is based on "lighting trespass," regulating the amount of light that can fall on neighboring property.
Under the new ordinance, the maximum allowable illumination is five feet inside an adjacent parcel of property.
While the town will use a light meter to test for illumination violations, Town Manager Roger Kelso advised that, in combating noise pollution, the town rely on the hearing of town police officers.
Mr. Kelso advised against changes in the nuisance noise ordinance requiring specific readings from mechanical devices like decibel meters. He indicated that these tools were unreliable and had not produced good results for other towns and municipalities.
For more details, see the June 21, 2000
issue of the Brown County Democrat.
Nashville wants a better water rate
Town Manager Roger Kelso said at last week’s town council meeting that he would like to negotiate for a better rate because the increase goes toward improvements in the water supply system that are unrelated to Nashville.
The water utility is requesting approval to incur long-term indebtedness and to increase its customers’ rates by about 32 percent to repay the loan.
The state utility regulatory commission will hold a hearing on the request July 17 in Indianapolis, with a final hearing tentatively set for August 17.
"I think they’ve taken kind of a simplistic viewpoint on their rate increase," Mr. Kelso told the council.
For more details, see the June 21, 2000
issue of the Brown County Democrat.
Town Council to seek help with night visitors
Nashville is having a problem with some visitors.
Not the ones who fill the streets searching through shops by day, but ones who come at night, knock over trash cans and leave unhealthy droppings behind.
Town Marshal Jack Dorsett told the council last Thursday night that his department has received complaints about raccoons lately. He said that three or four raccoons with distemper, an infectious viral disease occurring in certain mammals, were removed from town in recent weeks.
"We have been having trash cans turned over and we thought dogs were doing it, but it’s the ‘coons," Mr. Dorsett said.
He added that one recent night, officers counted 31 raccoons on various rooftops around town.
However, he said, county animal control officers only deal with domestic animals.
The state Department of Natural Resources referred Mr. Dorsett to a private wildlife removal specialist, who said he will live trap and destroy the raccoons for $200 plus $15 per animal if the town will provide a place to dispose of the remains.
For more details, see the June 21, 2000
issue of the Brown County Democrat.
Board meeting extended with positive talk
Positive presentations helped extend the Brown County school board’s meeting Thursday, June 15, over the normal three-hour limit.
Two of the optimistic topics included discipline reports from the junior and high school and an announcement that all Brown County schools were recently received North Central accreditation.
According to presentations, fewer students received discipline this past year at the junior high level, with only a small increase in high school incidents.
"I was kinda pleased with the discipline reports last night," said assistant superintendent David Shaffer on Friday, "particularly because I think that reflected that we really had a pretty good year overall."
The Brown County Junior High had a 37 percent decrease in discipline referrals over the previous year. The high school had only a one percent increase, with a total of around 1,500 incidents.
"It’s important to understand that we didn’t have any major disciplinary incidents and I think that relates to the fact that the principals and staff worked pretty hard on those issues," Mr. Shaffer said.
For more details, see the June 21, 2000
issue of the Brown County Democrat.
Prosecutor subpoenas Hamblen bank files
District returns grant money to fire department
Within 30 days, prosecutor Jim Oliver and members of the Hamblen Township Fire Protection District should know how a signature card was changed on the district’s account.
Though questions remain, the district turned over the $125,000 grant money to the Hamblen Town-ship Volunteer Fire Department.
Mr. Oliver issued a subpoena last week for Fifth Third Bank’s documents authorizing the change.
"I expect to get (the documents) in the next couple of weeks," said Mr. Oliver. "I did give them 30 days to respond."
That effort pleased two members of the district board.
"He (Mr. Oliver) said he’d get to the bottom of it and this is the beginning steps of doing that," said board member Mark Wayt.
"I’m sure he will keep his promise to find out what happened."
Anxious to get started, the fire department is on the planning commission agenda for its meeting Wednesday, June 28, at 7 p.m., seeking a special exception to build its station in a residential zoning district.
Fire chief Arlan Pierce said it will take "approximately five to six weeks to have the whole shell up and . . . have the money spent that the foundation gave us.
"Then we plan on taking a small loan out from a local institution to finish it," he said, adding that volunteers from the department and community will donate their time to help build the station.
In April, board treasurer Steve Arnold was told by a bank teller that he had been removed from the account’s signature card and that Richard Bowers, executive director of the community foundation, had been added. District president Mark Bowman remained on the account throughout, according to the teller.
Mr. Arnold and Mr. Wayt signed a resolution, Wednesday, June 14, authorizing Fifth Third Bank to turn over the $125,000, to the Hamblen Township Volunteer Fire Depart-ment’s attorney Steve Huddleston.
Mr. Bowman, who was absent at the Wednesday meeting, refused to comment on the department getting the grant money, saying, "I haven’t heard anything. I don’t know any facts at all. I don’t know if the fire department’s gotten the money or what’s taken place. Nobody has contacted me whatsoever."
He added that he received information about the special meeting, but not the resolution.
"I don’t know anything," he said. I can’t comment on something that I don’t know."
"The money should have gone to the fire department in the first place," said Mr. Wayt.
"If it had, none of this would have happened."
During Wednesday’s meeting, fire district attorney Ben Hoff read letters that he sent to Mr. Oliver and Mark Brandt, attorney for Fifth Third Bank.
"In our discussion, I believe that you and I were in agreement that when two signatures are required for any bank account action to occur, it is highly unusual that such action could occur absent a resolution or some other documentation giving authority for the bank to act," Mr. Hoff read from his letter to Mr. Oliver.
"If such documentation was presented to the bank, it would necessarily be fraudulent in nature."
To Mr. Brandt, Mr. Hoff wrote, "As a practical matter, I believe it would be in the best interest of all concerned for the bank to simply disclose the requested information.
"If fraudulent documents were submitted to the bank, a crime occurred, which must be addressed.
"If, on the other hand, a simple mistake was made by bank employees, then the mistake should be admitted, corrected and Mr. Arnold apologized to."
With Mr. Hoff making contact with both the bank and prosecutor requesting the matter be looked into, the district chose to proceed with giving the department possession of the grant money.
"It might be better at this time, since letters have gone to the other people, for you to get the money and secure your guys’ future operation," Mr. Wayt told assistant chief Gene Voils about the department’s building plans.
"That’s one thing I don’t want to jeopardize," Mr. Wayt said.
The money was part of a grant awarded to Jackson Township Volunteer Fire Department from the Eli Lilly Endowment Gift IV, which entitled Jackson, Fruitdale and Hamblen fire departments $125,000 each for buildings and equipment.
In May, Hamblen and Jackson fire departments and the community foundation signed a contract giving Jackson authority to oversee the grant funds, according to Jaydene Laros, president of the community foundation.
The action by the district board giving the grant money to Hamblen fire department does not affect that contract.
"The resolution is setting things the way it should have been in the first place," said Mr. Hoff.
—Linda Margison
A chronology of conflict, confusion, consternation
Hamblen Township Volunteer Fire Department has its money, but it only has three months to turn those funds into a new fire station.
It took nine months for the money to get to where it was suppose to go.
Originally granted from the Eli Lilly Endowment Gift IV program, through the Brown County Com-munity Foundation, the Hamblen Township Fire Protection District, a governmental entity, took control of the funds last September.
What ensued has been a trail of conflict, confusion and consternation.
Hamblen Fire Protection District president Mark Bowman took possession of the original grant monies. The grant was written for the Hamblen department.
Business for the district proceeded apace until December when Mr. Bowman decided he wanted to give the 2000 fire protection contract for Hamblen Township to Fruitdale Volunteer Fire Department.
He cited a lack of communication and "huge lack of cooperation" from the department as reasons for his decision.
Mr. Bowman also said the department had only responded to seven of 22 runs within the past year.
The Democrat verified records maintained at the Brown County sheriff’s department which showed Hamblen had actually responded to 29 of 34 runs during 1999.
The second board member, Steve Arnold disagreed, saying the Hamblen department deserved a chance, with a "properly functioning district board," to make improvements to the department.
Commissioners appointed long-time emergency worker Mark Wayt to fill the district board’s vacancy. He broke the tie vote, in favor of the Hamblen department.
In early February, Mr. Bowman attended his last district board meeting.
In March, Mr. Arnold moved to have attorney Ben Hoff look at ways to get the grant money back to the Hamblen department.
The community foundation re-entered the conflict in May, putting new stipulations on how the department could use the grant money. However, the district was still in control of those funds.
Since then, those authorized to access money held by the district changed without action of the board. And prosecutor Jim Oliver entered the fray, seeking answers about how that happened.
The following chronology traces a nine-month period, from the granting of the money to last week when the money got to where it was originally intended.
September 1999: The Eli Lilly Endowment granted Jackson Town-ship Fire Department $375,000 to be split with Hamblen and Fruitdale volunteer fire departments.
Jackson introduces another player to the deal, by giving a check for $125,000 to the Hamblen Township Fire District, which is separate from the fire department and not one of the original grant parties.
The district deposits the money at Civitas Bank (now Fifth Third) with board president Mark Bowman and secretary/treasurer Steve Arnold authorized to handle the money.
December 16: Three months pass, during which fire protection for Hamblen Township becomes an issue. The three-member district board has a vacancy. Mr. Bowman favors signing a contract with Fruitdale Volunteer Fire Depart-ment. Mr. Arnold won’t agree, leaving the board deadlocked.
December 20: Brown County Commissioners appoint Mark Wayt, an experienced emergency worker, but not a Hamblen Township resident, to fill the vacancy for 11 days to break the deadlock.
December 21: The next day, Mr. Arnold and Mr. Wayt agree to award the fire protection contract to the Hamblen Township Volunteer Fire Department for six months.
But Mr. Bowman says that the $125,000 in Lilly money will be used to build a new fire station on Sprunica Road. It will be owned by the district and leased to a department. The Hamblen department can either occupy the new building or stay where it is.
January 18, 2000: Commis-sioners reappoint Mr. Wayt to the district board.
January 20: Richard Bowers comes to Nashville and shortly thereafter begins work as the community foundation’s executive director.
February 2: Mr. Bowman, a supporter of the Fruitdale department and now in the minority on the district board, attends his last meeting.
March 1: The board decides to give the grant money back to Hamblen fire department.
May 4: In a meeting called by the foundation, its representatives join Mr. Bowman in selecting the Sprunica Road site and the contractor for the new fire house. Hamblen fire department, which still does not have the money granted to it, is told the only alternatives are to use the $125,000 for new equipment or return it to the foundation.
May 5: In a letter, the fire department questions the foundation’s involvement and "jurisdiction" in the matter.
May 8: A member of the Hamblen department delivers the May 5 response to the foundation office and reports she was treated rudely by Mr. Bowman and foundation officials.
Early May: Fifth Third bank tells Mr. Arnold that his name has been removed from the district account that houses the $125,000. He is told Mr. Bowman and Mr. Bowers now control that grant money.
May 16: The foundation sets up conditions for use of the money and reinserts Jackson Township Volunteer Fire Department to oversee the funds. The terms include the following demands to be met by the Hamblen department, which still does not have the money:
• Issue a written apology to the foundation for the department’s "foot-dragging" and "lack of ethics and responsibility".
• Thank, in writing, the donors of the land for the fire house on Sprunica Road and cite the department’s own "indifference" as the reason for the "tardiness" of the letter.
• Sign a contract acknowledging control by the Jackson fire department of the Lilly money granted for construction of the Hamblen fire station. Further, the Hamblen department must account to the Jackson department and the foundation regarding current equipment inventory and future purchases.
• Finally, commit to completing the construction project before September 30, the one-year anniversary of the Lilly grant. In addition, the Hamblen department must submit biweekly progress reports to the foundation and the Jackson department.
Later that day Hamblen fire department officials, in an effort to "keep the peace," accept Jackson fire department’s role.
May 23: Through its attorney, Stephen Huddleston, the Hamblen fire department asks that it be given the $125,000 grant money within 10 days.
Curious about the changes in the bank account, Mr. Wayt and Mr. Arnold have their lawyer, Ben Hoff, ask Fifth Third Bank. The attorney is told only that the funds are still at the bank.
June 2: In a letter to Mr. Huddleston, the Hamblen district agrees that the grant money belongs to the Hamblen department.
Although Mr. Arnold had previously been denied information about the grant account, a bank attorney assures him that the money is not only still on deposit, but it has earned more than $3,000 in interest.
June 5: Clearly weary of the controversy and eager not to be involved in a "dispute," the bank’s attorney contacts district lawyer Hoff, asks for new instructions about the account and offers to close it.
June 7: In the absence of Mr. Bowman, district board members Wayt and Arnold instruct Mr. Hoff to inform the bank and prosecuting attorney Jim Oliver that the district still wants to know the details of how the bank account was changed.
June 14: Again with Mr. Bowman missing, Mr. Wayt and Mr. Arnold approve transfer of the grant money from the district to the Hamblen department, originally named as the recipient in the Lilly grant.
The district board signs a new six-month fire protection contract with the Hamblen department.
Last week: Prosecutor Oliver responds to the district concerns about its bank account by subpoenaing Fifth Third’s records.
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