With plenty of talk and news stories all about Wall Street investors gobbling-up single family homes as rentals and home buyers, particularly those searching for their first home, shut out of the market, Fishers Mayor Scott Fadness conducted an online video town hall centered on that issue Thursday night.

The bottom line of the discussion is that the action on handling this issue is squarely in the hands of local Homeowners Associations (HOAs).

Attorney Kim Sutter says HOAs generally have the authority to enact rental restrictions or bans.  Bans are more difficult to enforce and restricting the number of rentals in a given neighborhood can be an administrative burden, but Sutter says that can be done with the proper legal advice.  Other possible restrictions HOAs could enact include capping the number of rental homes as a percentage of the total homes in the neighborhood.  Some HOAs have combined restrictions, such as capping the number of rentals and requiring a waiting period, meaning the buyer would be barred from renting the property for a specified period of time after acquiring the home.

Fishers city officials say out-of-state homeowners have double the number of city code violations compared to homes owned by the residents.

Mayor Fadness says the city is working on possible city-wide solutions, but the legal hurdles to accomplishing this now are very complex.  According to the mayor, no municipality has figured out a city solution to this problem that has passed legal muster.

One major concern of the mayor is that families often accumulate wealth through home ownership and when families are locked-out of the home-buying market by investors offering cash payments and no inspections, that impacts those families long-term financially.

Attorney Sutter offered suggestions on how HOAs can enforce their covenants and change language to address this issue.

Mayor Fadness ended the town hall saying he wants a city solution and attorneys are brainstorming possible solutions, but at this juncture, the HOAs are the center of the current solution.

Fishers Economic Development Specialist Jordin Alexander and the Director of the Fishers Planning and Zoning Department, Megan Vukusich, also participated in the online video event.

The Fishers City Council Finance Committee voted 2-1 to recommend City Council passage of a resolution allowing an accounting measure recommended by the city’s legal counsel which will end up using up to $7.1 million of ARPA (American Rescue Plan Act) federal money to fund part of the plan to construct a new City Hall and Arts Center.  City Controller Lisa Bradford says it is expected that $6.3 million of federal COVID ARPA money but the higher $7.1 million is cited in this resolution because the law says that is the ceiling and cannot exceed that amount.

Committee Chair John Weingardt described this resolution as an accounting “maneuver.”

The council action form provided for this Finance Committee resolution says the following:

“To avoid having the City Hall project potentially go to referendum if requested
by taxpayers, the resolution provides for the designation of funds in the general
fund to be applied to the project. The expenses that would be otherwise paid
from the general fund will be paid with ARPA funds, so the City’s budget is not
impacted.”

Committee member Jocelyn Vare asked for an explanation of this statement, and Ms. Bradford and Weingardt said the $6.3 million of ARPA funds to be used toward the City Hall & Arts project will lower the amount coming from bond proceeds.  Without the ARPA funds, Deputy Mayor Elliott Hultgren says that would mean $24 million would be borrowed through bonds and if taxpayers request, the City Hall & Arts Center plans would require voters to approve the project through a referendum.   Utilizing the ARPA cash prevents the need for a referendum for this project, according to the explanation provided at the committee meeting.

Vare voted no on recommending passage of this resolution by the full City Council, saying “I feel like the (council action) document is not clear.”

The item will go before the full council Monday night with a 2-1 vote recommending passage.

In another item, the committee recommended, in a 3-0 vote, to use $20,000, from a total of $34,000,  in an excess levy fund that has not been used but will be transferred to the general fund under this resolution, funding community vibrancy grants upgrading local neighborhoods.  There was not enough money to fund all the neighborhoods requesting the city grants, so Mayor Scott Fadness asked his staff to find money in the budget to fund all the requests.  The remaining $14,000 in the account will be used by the Planning & Zoning Department.

It would be an understatement to say it was a big year for the Fishers High School Band program.  Here are just a few reasons why.

After winning their division in the 2022 WGI Color Guard World Championship Open, the Fishers Guard went on to perform in the World Class Finals, and finished in fifth place nationally.  They also took home the bronze medal at the 2022 Indiana High School State Championship. Fishers Guard was also the 2019 Open Class National Champion and were promoted to World Class before the pandemic.

The Fishers Drumline won a silver medal in the Indiana Percussion Association State Championship.

The Fishers Concert World Percussion Ensemble won its ninth Indiana Percussion Association State Championship and then went on to win its third consecutive National Championship title at the WGI Percussion World Championships.

Chad Kohler, one of the Fishers High School band directors, spoke before the school board Wednesday night about the fund-raising coming for the band’s trip to New York City planned for Thanksgiving, 2023.  Fishers will be one of only ten bands selected to perform at the famed Macy’s Parade.  Kohler said Macy’s started their fund-raising activities with a $10,000 initial grant, but many fund-raising events are being planned starting this summer.

The board honored the Fishers Band program as part of its Snapshots of Success series.

A discussion on revised student handbooks sparked a discussion on consistency in all the handbooks and talk of how certain terms should be defined.  For example, what is the difference between parents and families when referenced in the handbooks?  Also, how are certain terms defined, such as microaggression?

Hamilton Southeastern (HSE) School Board member Brad Boyer asked why the word punishment is not used in discipline, instead using the work “consequences.”  Superintendent Yvonne Stokes says the work punishment, as defined, does not express how students are disciplined, where saying there are consequences for certain behavior more accurately reflects school discipline policy.

The board decided to table the decision on adopting these changes when it was pointed out that there is not consistency in school policies.

The board discussed several policies on first reading, including homework and public participation in school board meetings.  Some of the revisions were made to be consistent with changes in state law.  The policies will be presented for approval at a future board meeting.

In other items before the HSE Board Wednesday night:

–There was a lengthy board discussion on the review of literacy resource materials in grades kindergarten through 6th grade.  The board plans to vote on the materials at a board meeting set for 7:30am May 17.  For the presentation made to the board by Executive Director of Elementary Education Stephanie Loane  use this link.

–The board provided administrators emergency hiring authority.  There will be no regular board meeting for the remainder of May and Kim Lippe, Director of Human Resources, says this is the busiest time of year for school district hiring.  This emergency authority will allow administrators to hire staff for the coming school year.

–The board received a presentation on the world language program.  For more on this, access this link.

–The board discussed the options of awarding a contract to replace the tennis courts at Fishers High School and delayed a decision until the meeting May 17th.  An asphalt court costs less at the outset, but only has a 2-year warranty and tends to need more frequent maintenance.  A concrete court costs more initially, but tends to require less maintenance and comes with a 10-year warranty.  Because it is unclear whether the current budget has the amount of money to fund a concrete court, the board delayed the decision.

–The board approved a Memorandum of Understanding with Indiana Online to provide virtual learning to families choosing that option.

–Approval was given for a boiler replacement for the Fishers High School swimming pool.

The City of Fishers is preparing to hand out $120,000 in grants to local nonprofit organizations.  Fishers-based groups that qualify under Section 501(c)(3) of the federal tax code may apply.

A Fishers City Council committee will evaluate the applications and decide which groups will receive the grants and how much is provided to each organization.  According to a city news release, “The committee will award grants based on proven success, organizational strength, cooperation and collaboration, and reliability.”

Once approved, money to the nonprofits will be provided this summer.

To access the online application, use this link.

Hamilton Southeastern (HSE) Schools Superintendent Yvonne Stokes says she knew early in the interview process that Jimmie Lake was the right person to become the Chief Operations Officer (COO), a newly created position in the school district.  The HSE School Board approved Mr. Lake’s appointment at Wednesday night’s meeting.

According to a school district news release, the new COO “will lead in identifying corporation goals and developing strategies to ensure the safety and support of students and staff.”

Since 2017, Lake has served as an adjunct professor at Anderson University, where he also later served as MBA Director. Before that, he was the Regional Manager of Practice Operations for Ascension Medical Group.

“I am looking forward to the opportunity of building and cultivating relationships that will further support plans, strategies and tactics that build upon key aspects of the mission of Hamilton Southeastern Schools as ‘forward-thinking’ and ‘providing excellence in education’,” said Lake.

Lake has resided in Fishers for the past 9 years.

The board approved two other administrators Wednesday night.  Karen Bush is the new Director of College and Career Counseling at Hamilton Southeastern High School.  Steve Guenin was approved as a permanent Dean of Students at Hamilton Southeastern High School.

Fishers has had an ordinance on the books for some time governing the use of golf carts on streets.  With warm weather here and golf carts in regular use, the Fishers Police Department reminds local residents that golf carts are only allowed within streets of local neighborhoods that have finished a process setup by the city allowing golf carts on those streets.

So far only the following neighborhoods have gone through the city ordinance process to allow golf carts on their streets:  Britton Falls, Thorpe Creek, Intracoastal At Geist and Graystone.

Police issued the following release Wednesday:

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The Fishers Police Department would like to remind residents of the city’s local ordinance concerning the use and operation of golf carts. Fishers’ City Ordinance No. 090214D (codified at §94.02 of the Code of Ordinances) authorizes the use of golf carts on some neighborhood streets if the following conditions have been met:

1. Fishers has determined that golf carts may be safely operated on the streets within

the specific neighborhood;

2. A threshold amount (75 percent or higher) of property owners in the neighborhood have voted in favor of allowing golf carts within the neighborhood and the results of the election have been certified; and

3. The proper signage in the designated locations has been placed.

Golf carts shall not be operated on the public streets of Fishers except in full compliance with the provisions of this section. Currently, Britton Falls, Thorpe Creek, Intracoastal At Geist and Graystone are the only neighborhoods, in Fishers, to be in full compliance with the provisions of this section.

OPERATION REGULATIONS

a) Hours of Operation. Golf Carts shall only be operated on designated streets from sunrise

to sunset unless such golf cart is equipped with headlights, taillights, brake lights,

seatbelts, turn signals, and rearview mirror.

b) Right-of-Way. The operator of a golf cart shall yield the right-of-way to overtaking

motor vehicles.

c) Streets. Golf carts may only be used on streets designated within the establish

neighborhood or other Fishers’ approved neighborhood areas. Nothing in this policy

shall be construed to apply to or limit the use of golf carts on golf courses or private

property.

d) Fishers Property and Sidewalks. Golf carts shall not be operated on any sidewalk,

pedestrian walkway, multi-use path, or trail or any other non-designated public ways.

The only exception to this use is of golf carts on Fishers’ municipal property for official

purposes.

e) Golf Cart Capacity. The seating capacity, normally no more than four (4) passengers,

shall not be exceeded nor shall the operator or any passenger be permitted to stand while

the golf cart is in operation.

f) Parking. Golf carts may only be parked in the same manner and at the same places

designated for parking of motor vehicles. The stopping, standing, or parking of golf carts

in areas where parking is not allowed or in any place that impede the flow of traffic,

pedestrian walkways, or a passageway is prohibited.

g) Alcohol Use. No person under the influence of an alcoholic beverage shall operate or be in control of any golf cart operated within the neighborhood. No golf cart shall have an open alcoholic beverage container aboard while in operation.

h) Valid License Required. Only persons possessing a valid driver’s license issued by the State of Indiana, another state of the United States, or an international agency shall be permitted to operate a golf cart on Fishers streets.

DISCLAIMER, LIABILITY, AND INSURANCE

a) Disclaimer. Golf carts are not designed for or manufactured to be used on public streets, and Fishers neither advocates nor endorses the golf cart as a safe means of travel on public streets. Fishers in no way shall be liable for accidents, injuries, or death involving the operation of a golf cart.

b) Assumption of Risk. Any person who owns, operates, or rides upon a golf cart on a

public street within the designated use area does so at his/her own risk and peril and

assumes all liability resulting from the operation of the golf cart.

c) “Proof of Financial Responsibility”. Shall mean, pursuant to Ind. Code §9-25-2-3, proof of ability to respond in damages for liability that arises out of the ownership,

maintenance, or use of a Golf Cart in the following amounts:

1) Twenty-five thousand dollars ($25,000) because of bodily injury to or death of

any one (1) person;

2) Subject to the limit in subdivision (1), fifty thousand dollars ($50,000) because of

bodily injury to or death of two (2) or more persons in any one (1) accident; and

3) Ten thousand dollars ($10,000) because of injury to or destruction of property in

any one (1) accident.

PENALTIES

Fishers shall issue a uniform ordinance violation citation (as outlined in the golf cart ordinance) to any person violating a provision of this policy in the following amounts which shall be processed by and paid to Fishers’ Ordinance Violation Bureau as follows:

1. First Offense: Fifty Dollars ($50.00);

2. Second Offense within one (1) year: One Hundred Dollars ($100.00); and

3. Third offense and any additional offense within (1) year: Two Hundred and Fifty Dollars ($250.00)

Dr. Jerry McKibben’s message to the Hamilton Southeastern (HSE) School Board was clear – the student population will go down a bit in the next 5 years and the elementary buildings will see a slight uptick in about 10 years.  But, growth in student numbers will be uneven within the district boundaries.

“You will see a little bit of growth, but the distribution of growth…will change dramatically,” Dr. McKibben told board members.  “The distribution of population growth is usually different than distribution of student growth.  They are not one-hundred percent correlated.”

Much of the Tuesday evening work session was spent with board member Suzanne Thomas questioning his projection of a fairly steady HSE student population over next 10 years.  Thomas insisted her experience as a real estate agent shows her student numbers will grow, but McKibben responded that real estate transactions are only one of  a number of factors he considers when making student population forecasts.

McKibben made clear at the outset that he is not not making projections, but rather providing a forecast.  A forecast looks at likely outcomes, while a projection is generally defined as focusing on a desired outcome.

The tipping point for home mortgage interest rates is 5%, and McKibben says rates are now just above the 5% threshold.  He expects that, and some coming demographic changes, will cool off the housing market over time.

Most school districts have seen a 3%-6% reduction in the student population statistics, but HSE Schools saw only a .7% reduction.

He did note a small increase in families choosing to send their children to a different school district, relating to the size of the high schools.  Many find it difficult to make the sports teams or participate in other activities, such as band.  Mount Vernon is the school corporation receiving the most students from HSE.  The total number of students transferring out of HSE Schools has been at 900 per year, but has increased during to COVID period to 1,250.

McKibben says HSE suffers from what he describes as the “curse of the successful school district,” meaning students have high performance, attend college then generally do not return to their home area once college is done.

There was a lengthy discussion of how the student count will remain relatively steady, even the the general population of the district increasing, due to fewer households with children within the district boundaries.

When asked about how a recession might impact the forecast, McKibben says that would cause the student numbers to go down.

You can review the entire written report from Dr. McKibben at this link. 

HSE Schools have been waiting for the results of the latest demographic study and the report shows the student population number will not change much in the next several years.

Dr. Jerry McKibben of Mckibben Demographic Research says in his written report the HSE District total student population is forecast “to decrease by 167 students, or -1.0%, between 2021-22 and 2026-27. Total enrollment will increase by 94 students, or 0.4%, from 2026-27 to 2031-32.”

McKibben cites reasons for the HSE student number decrease over the next five years, including an increase in empty nest households, a relatively low number of elderly housing units turning over, and adding that a flat rate is forecast for migration of young families.

“The local 18-to-24 year old population continues to leave the district, going to college or
moving to other urbanized areas,” according to the report. “This population group accounts for the largest segment of the district’s out migration flow and will increase steadily over the next 10 years. The second largest migration outflow is in the 70+ age groups.”

McKibben expects HSE Schools elementary enrollment to slowly increase over the next 10 school years.

As to the forecast for housing in the district, the report says the following:

“Even if the district continues to have some amount of annual new housing unit construction over the next 10 years, the rate, magnitude and price of existing home sales will become the increasingly dominant factor affecting the amount of population and enrollment change.”

In the report’s executive summary, the total district enrollment is forecasted to decrease by 167 students, or -1.0%, between 2021-22 and 2026-27. Total enrollment is expected to increase by 94 students, or 0.4%, from 2026-27 to 2031-32.

The school district posted the report in advance of a work session school board meeting set for 5pm May 10th.  The session is open to the public, but will not be live-streamed or video recorded.

You may view the entire report at this link.

In Indiana, the month of May is immediately associated with auto racing and the running of the Indianapolis 500.

Fishers Arts Council continues its 2022 Season of Art at City Hall featuring four artists with the exhibit, “The Art of Racing.” The exhibit will be open from May 9th through June 29th to celebrate the heritage of racing in Indiana. Exhibit hours are from 8:30 am to 4:30 pm daily and 10 am to noon on Saturdays during Fishers Summer Farmers’ Market. There will be a Second Friday Reception for the artists on Friday, May 13th from 6-8 pm at the Art Gallery at City Hall. The event is free and open to the public. Live music will be performed by Andy Schomburg of Noblesville and refreshments and snacks will be available. Our Squirrel Stampede project will also be available for guests to add their mark on community art.

The artists exhibiting are Greg Clack, David O’Dell, Brenda Jalaie, and Mark Rouse. Each shares their own perspective of the art of racing from people in the stands, to the cars and racing environment.  Here is the Fishers Arts Council news release about the four artists:

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Greg Clack grew up in Indianapolis and took art classes throughout his school years. Following high school, he entered the United States Air Force where he was able to pursue some art projects.

“So, I’ve always had an interest in creating art. Years ago, I went to the Artomobilia Car and Art Show. This renewed my interest as I was able stroll into the open galleries and look at the artwork I liked. The added bonus being I was able to take workshops with the artists who painted the art I liked. This started me on a path of studying and observing and progressing to make better artwork.”

David O’Dell is a resident of Fishers; he is a printmaker specializing in serigraphy.

He began screen printing at Serigraphics of Indianapolis designing and printing

posters for rock and roll bands and other entertainers. David graduated from Ball State

University in Art with a specialization in Advertising. He has a Master’s Degree in

Printmaking from Wayne State University. He was Art Director at St. Charles County

Community College in Missouri and Senior Graphic Designer for Kmart Corporation.

David’s father, David O’Dell, was the official photographer at the Indianapolis 500

from 1951-1957. This instilled a family tradition; David has attended 57 Indy 500s to date. His love of Indy cars has led to a series of limited-edition serigraphs of vintage Indy cars which he creates in a style he calls “Crop Pop.”

David’s exploration of form has led to the creation of lenticular art in which the art changes depending on the viewers perspective. Some of his artistic influences are Yaacov Agam, Leroy Neiman, Andy Warhol, Roy Lichtenstein, and Richard Estes.

David has won over 30 national and regional awards including 5 national first place Paragon awards for his designs.

Most of Brenda Jalaie’s work has always been photography oriented. “I have a passion for processing and printing ‘the old fashioned way’ using film and needing a dark room. I love working with large negatives and creating works that are contact printed, like Gum-Bichromates and Van Dykes. But in the real work of balancing a teaching career, mother and art, I find more and more I am just focused on capturing the scenes of a fleeting moment. Rarely cropped, rarely adjusted for color, just what I see through my camera when I see it.”

After years of studying, teaching and creating mostly acrylic paintings, Mark Rouse was diagnosed with diabetic retinopathy and “pronounced legally blind!”

“One of the things that I feared the most was that I would never paint again.” However, with the help of a great doctor, his vision is back to normal.

Before his brush with blindness, Mark’s art focused on creating something new, something that no one had seen before. “Blindness caused a change of focus to painting the things that I might never see again. My work since that time has been images from nature, my memories and images that proclaim my faith.”