A group calling itself “Fiscal Conservatives of Hamilton County” has formed a Political Action Committee (PAC).  The organization says it will offer endorsements in the 2018 election round, but plans to become more involved in local elections set for 2019.

The PAC CEO will be local political activist David Giffel.  The Treasurer will be Bill Brown, a 2014 candidate for Fishers City Council.  Members of the group include former Fishers Town Councilman Mike Colby, along with Greg Puls, former president of the Fishers GOP Club, and past county commissioner candidate and former local business owner Bill Smythe.   All names included in the news release are from the Fishers area.

“The Fishers officials seeking re-election will be well funded by the vendors that do business with the city,” said the news release from the PAC. “Fiscal Conservatives of Hamilton County PAC plans to solicit money from residents that wish to have a voice in the process and a change in direction. The PAC will be a vehicle for both local and county residents who fear being shown as contributing directly to the opponent of an incumbent.”

The PAC says it plans to get to work on a web page and social media presence.

If you like to use fireworks or enjoy riding your moped around Fishers, the Police Department has a few reminders for you.

First, Chief Mitch Thompson wants all local residents to be aware the the city ordinance governing use of fireworks.  The entire ordinance is posted below.

Also, there are state laws governing mopeds and similar vehicles.  The state statute is posted below, for your information.

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(Fishers fireworks ordinance)

§ 99.01 DEFINITION OF CONSUMER FIREWORK.
For purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

CONSUMER FIREWORK.
(1) A small firework that is designed primarily to produce visible effects by combustion and that is required to comply with the construction, chemical composition, and labeling regulations promulgated by the United States Consumer Product Safety Commission under 16 CFR 1507. The term also includes some small devices designed to produce an audible effect, such as whistling devices, ground devices containing 50 milligrams or less of explosive composition, and aerial devices containing 130 milligrams or less of explosive composition. Propelling or expelling charges consisting of a mixture of charcoal, sulfur, and potassium nitrate are not considered as designed to produce an audible effect. CONSUMER FIREWORK includes but may not be limited to the following:

(a) Aerial devices, which include sky rockets, missile type rockets, helicopter or aerial spinners, roman candles, mines, and shells;
(b) Ground audible devices, which include firecrackers, salutes, and chasers; and
(c) Firework devices containing combinations of the effects described in divisions (1)(a) and (b) above.

(1) The following items are specifically excluded from the definition of CONSUMER FIREWORK:
(a) Model rockets;
(b) Toy pistol caps;
(c) Emergency signal flares;
(d) Matches;
(e) Fixed ammunition for firearms;
(f) Ammunition components intended for use in firearms, muzzle loading cannons, or small arms;
(g) Shells, cartridges, and primers for use in firearms, muzzle loading cannons, or small arms;
(h) Indoor pyrotechnics special effects material; or
(i) M-80s, cherry bombs, silver salutes, and any device banned by the federal government.

(3) In addition, the following items are excluded from the definition of CONSUMER FIREWORKS but are and shall continue to be subject to applicable permitting requirements and state statutes governing fireworks:
(a) Dipped sticks or wire sparklers;
(b) Cylindrical fountains;
(c) Cone fountains;
(d) Illuminating torches;
(e) Wheels;
(f) Ground spinners;
(g) Flitter sparklers;
(h) Snakes or glow worms;
(i) Smoke devices; and
(j) Trick noisemakers, which include:
1. Party poppers;
2. Booby traps;
3. Snappers;
4. Trick matches;
5. Cigarette loads; and
6. Auto burglar alarms.
(Ord. 041513C, passed 4-15-13)

§ 99.02 USE OF CONSUMER FIREWORKS WITHIN THE TOWN.
It shall be unlawful to use or display or permit to be used or displayed within Fishers’ municipal boundaries any type of consumer firework on any day or time other than the following:
(A) Between the hours of 5:00 p.m. and two hours after sunset on June 29, June 30, July 1, July 2, July 3, July 5, July 6, July 7, July 8, and July 9;
(B) Between the hours of 10:00 a.m. and 12:00 midnight on July 4; and
(C) Between the hours of 10:00 a.m. on December 31 and 1:00 a.m. on January 1.
(Ord. 041513C, passed 4-15-13)

§ 99.03 SUPERVISED PUBLIC DISPLAYS.
This chapter shall not apply to supervised public displays of fireworks by municipalities, fair associations, amusement parks, and other organizations or groups of individuals, all of which are and shall continue to be subject to applicable permitting requirements and state statutes.
(Ord. 041513C, passed 4-15-13)

§ 99.04 ENFORCEMENT.
The Fishers Department of Fire and Emergency Services and the Fishers PoliceDepartment shall be charged with enforcing the provisions of this chapter.
(Ord. 041513C, passed 4-15-
 
§ 99.99 PENALTY.
Any person, firm or corporation who violates this chapter shall be subject to a fine of $150 for the first offense and $250 for each subsequent offense. A separate offense shall be deemed committed upon each day during which a violation occurs or continues.
(Ord. 041513C, passed 4-15-13)
Reminder- Indiana law restricts the use of fireworks to the following:

• On the user’s property;
• On the property of someone who has consented to the use of fireworks on their property

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(State law governing mopeds and similar vehicles)

• No more mopeds, scooters, or motorized bicycles…they are all motor driven cycles.
• All must be registered and plated
• Operators and passengers under the age of 18 must wear a helmet
• Divides into two categories;
  • Class A MDCs
    • Greater than 50cc
    • Require Insurance
    • Require Operators License
  • Class B MDCs
    • 50cc or less
    • No license, no insurance
    • Requires ID

• Class B requirements
  • 15 years old
  • ID card with MDC Endorsement
  • No passengers
  • No interstates or sidewalks
  • Not faster than 35 mph

Anyone with questions regarding motor driven cycles is encouraged to call Sergeant Tom Weger at 317-595-3308.

The city is moving forward with plans to acquire 70 acres of land on Geist Reservoir for a new proposed Fishers Park.  The Board of Public Works and Safety passed a resolution Monday afternoon authorizing the city to condemn the 70 acres of land to make way for the new park.  The board also approved drawings as to how the park my look once completed.  You can access the drawing at this link.    At last report, the city was negotiating with the current property owners to purchase the property, but the city has been clear that if a sale cannot be finalized, the mayor’s office will begin the process of condemning the land and exercising the right of eminent domain to acquire the lake front property.  State law provides a system for determining the fair market value to be paid to the owners when a property is condemned.

In other actions at the June 12 Board of Works meeting:

–The board passed a resolution recommending a $12.7 million bond issue, financing sewage projects.  The issue now goes to the City Council for a public hearing and final approval.

–A new matching grant program, much like the neighborhood program now in place for trees, was approved by the board for a drainage and water quality program.  Homeowners and Homeowners Associations may apply for the grant.  The city has budgeted $25,000 for 2017.  You can learn more about the program at this link.

–The board passed a resolution approving a new agreement with One America and Edward Jones to administer the 457(b) program.  A 457(b) plan is much like a private sector 401(k) retirement savings plan, but is for local government workers.  Mayor Scott Fadness said the new agreement will provide better investment advice and choices for city employees, saying the arrangement provides more value to the city and its workers.

(Fred Swift’s commentaries are posted here as part of a partnership between LarryInFishers.com and The Hamilton County Reporter newspaper)

by

Fred Swift

Hamilton County Reporter

In case our readers hadn’t noticed, I like local history. So, the following tale is one
of those “what ifs” of Hamilton County history that I enjoy.

The Central Canal between Broad Ripple and downtown Indianapolis is a scenic waterway today. Its towpath is a favorite for walkers and joggers, it’s a local attraction as it goes by the Butler University campus and the Art Museum, and of course it is lined with upscale condos and interesting sites as it dips through downtown Indy. But, the canal was not supposed to start at Broad Ripple and end downtown. In 1837 it was designed to be a major infrastructure improvement for the state, a transportation linking the Wabash and Erie Canal at Peru to the Ohio River at Evansville, a distance of 296 miles. Canals were popular and seen as the answer to transportation needs before railroads or highways for the purpose of moving products great distances at little expense.

A company whose name has been lost in  history, got the contract to dig the canal
from Anderson to Martinsville. It was to be 60 feet wide and six feet deep paralleling
White River through Anderson, Strawtown, Noblesville and on to Broad Ripple. An
eight mile section in what is now Indianapolis  was dug first and completed, probably to impress the state legislature.

Unfortunately for Hamilton County and the  rest of the state, a major recession hit the nation in 1837-38. By 1839 the canal construction stopped. Only minor work had been done in the Noblesville area. Today, there are traces of that work. In the Meadows subdivision, a depression in the ground a few hundred feet long is marked by a sign identifying the site as a portion of what was to be the canal. Huge cut stones were delivered to the banks of Stony Creek west of Allisonville Road, to be used for abutments of an aqueduct that was never built. Some of the stones were later used in foundations of buildings in Noblesville.

The canal boom which was seen as the economic future for the state was a bust.
As railroads entered the state in the 1840s canals were forgotten. Even the section in Indianapolis was pretty much ignored until the 1980s when the city decided to put it to use as an attraction and economic tool.

So, what if the section through Noblesville had been completed? Would it be a
scenic waterway lined with walking trails and homes or businesses? We’ll never know.  We will just have to make the most of Riverwalk instead.

Saxony Lake was closed early Sunday when the Fishers Dive Team and State DNR officials searched for man missing after falling off a paddle board.  His body was found in the lake Sunday night.

Here is the latest from WTHR, at this link.

The battle between Hamilton Southeaster (HSE) Schools and WTHR’s 13Investigates team over fact disclosure of a prominent coach’s suspension has just been tilted in WTHR’s favor.  Indiana Public Access Counselor Luke Britt issued a ruling earlier this month finding HSE in violation of state law by not disclosing more facts related to a 5-day suspension handed to Fishers High School Varsity Football Coach Rick Wimmer.

In his decision, Mr. Britt wrote, “HSE has not provided sufficient information to give the Complainant (WTHR) a reasonable idea of why the teacher was suspended.”

Britt also wrote that he does not find HSE Schools to be ill-intentioned.  Here is the final paragraph of the ruling:

“To be clear, I have discussed this matter at length with HSE and their argument is not ill-intentioned or in bad faith. However, as the State of Indiana’s authority on matters of public access, I gave the school an opportunity to correct what I determined to be a deficiency. Therefore I consider the non-compliance of my recommendation in Opinion of the Public Access Counselor 17-FC-09 to be a violation of the spirit and intent of Ind. Code § 5-14-3-4(b)(8)(C).”

It should be noted that the 13Investigates team won not one, but two Peabody Awards at the recent ceremony.  It is rare for a local television news team to win one Peabody, much less two in one year.  The Peabody Awards have been described as the journalism equivalent of the Oscars.

The question now is how HSE Schools will respond to this strong statement from the Public Access Counselor.

Gerry Lanosga, a journalism professor at Indiana University, told WTHR this ruling breaks new ground in public access law for the State of Indiana. “This advisory opinion gives guidance to agencies all over the state and it stretches beyond Fishers,” Lanosga said. “Parents, media, citizens across the state can use this opinion to gain access to similar records.”

You can access the WTHR story at this link.

For the 29th consecutive year, the Fishers Freedom Festival will get underway June 24th & 25th.  I talked to Jennifer Kehl about this year’s event…

The City of Fishers is still in talks with the owners of 70 acres of land on Geist Lake to purchase the property and establish a city park, the first public space on Geist Lake.  The Fishers Redevelopment Commission approved an amendment to the economic development plan of that area and okayed a bond issue as steps toward acquiring the land and establishing the park.

City Controller Oscar Gutierrez told the commission the city is asking for $12 million of authority for property tax backed bonds.  The controller also said he does not expect to actually utilize the entire bond authority, saying the actual purchase price is more likely to end up at between $9 million and $9.5 million.

The city has made a clear declaration that if an agreement to purchase the property from the current owners is unsuccessful, the mayor is prepared to condemn the property and acquire it under the laws of imminent domain.  State law provides a specific procedure to determine the fair market value of the property, which, if condemned, would be the city’s purchase price.

In another matter before the commission, Tax Increment Finance (TIF) bonds and changes to the development plan were approved for The Yard culinary project, to be constructed near the new IKEA location.  The Yard items will now go the the Fishers Plan Commission, then the Fishers City Council, before returning to the Redevelopment Commission for final approval.  Construction could begin this fall or the spring of 2018, depending on how the approval process moves along.

(The following three stories are posted here as part of a partnership agreement between the Hamilton County Reporter and LarryInFishers.com)

by

The Hamilton County Reporter

Wednesday’s Hamilton County Council meeting gave county leaders an opportunity to speak publicly on their position in regards to Jeff Hern.

Although none of the county council members directly supported Hern, each had a different opinion.

Councilman Paul Ayers wasn’t concerned about the seriousness of Hern’s act. “The seriousness of the act isn’t my concern. My concern with councilor Hern is, after he pled guilty, and after it was public knowledge, there has not been a word of apology. As I understand it there has not been a fulfillment as ordered by the court. You should have been apologizing to the people who sponsored you and to the public in general, you have kept silent to this council,” stated Ayers.

Council President Fred Glynn said, “This directly affected a member of this body and the public sees this. It was during an election and that to me is unacceptable. We have to conduct ourselves differently during an election. I think we have to make a statement to the public that we don’t accept that type of behavior when it comes to our election process and other members of this body.”

“I am going to give you a little bit different perspective,” said Steve Schwartz. “If we are going to start casting stones at Mr. Hern and asking him to resign for a supposed crime he committed there is probably other felonies and people who have had issues on this council and if you want go back and look you might eliminate three to four other members.”

Councilwoman Amy Massillamany stated, “I personally would not plead guilty to something that I was innocent of, right wrong or indifferent based on the amount of money or what it would put your family through. This is the first time I’ve seen this document. I don’t agree, I am abstaining and I don’t feel I’ve had enough time to process this.”

Following a statement by Jeff Hern, council member Rick McKinney said, “I don’t know Jeff, if you are living in a fantasy land, because the agreement to withhold prosecution is contingent upon you admitting the offense of Criminal Mischief. If you deny it you are committing perjury. It is plain as day. You had the best defense team in Indiana money can buy and they didn’t get the charges dismissed. It is a plea agreement and I think honestly it is almost delusional.”

Also speaking at Wednesday council meeting were two Hamilton County precinct committeemen, Jim DeCamp representing the Carmel’s Southwest Clay Precinct #1 and David Giffel representing Delaware Township Precinct #19. Decamp stated, “This is the stuff of corruption. People in my precinct remember the events of thirteen months ago and they don’t like it. I call upon you (Hern) to resign.”

Giffel stated, “What he (Hern) is not doing, is making restitution to the public. We have a petition going around right now asking for your resignation.”

by

The Hamilton County Reporter

“This is surprising to me that there has been an admission of guilt of criminal mischief, as of now those charges still stand. I have not been arrested and processed, there is no mug shot, no fingerprints.”

“My attorney gave me the best advice and it was going to be another $20,000 to fight a misdemeanor. I took my attorney’s advice because $20,000 is a lot to come out of my family. They said if you are willing to write a check for the signs, write an apology letter which states that your attitude, your behavior during the campaign trail, being nicer and things like that which is something I can always work on is to be a better person. In less than a year the charges will be dismissed, there will be no prosecution, there will be nothing. There is no crime.”

“So this is all surprising to me. I lost my checkbook and my passport and a number of things out of my car that evening. Gates were open, we had an electrical storm and couldn’t shut the gates. A lot of people there leave their cars unlocked, my bad.”

“I understand, I appreciate you guys coming tonight and speaking your voice. A lot of people wanting to push Trump out office to put Hillary Clinton in. Other people have pushed to get Barack Obama out of office. Other pushed George W. Bush out of office, other people are fighting to get Bill Clinton out of office. That is what we do, we fight for all the people we want in office and those we don’t.”

“Approximately 73,000 people voted for me to do what I was elected to do at the Fall Creek Township Trustee position, lower taxes, keep taxes low and increase services and they elected me to do that here and that is what I plan to continue to do.”