HOA covenants – should they be hard or easier to change?

In February, the Fishers City Council passed, on first reading, a measure that would allow new Homeowners Associations (HOAs) a lower threshold in order to change their governing documents.  This proposal would only impact newly-formed HOAs, not ones already in place.  The ordinance was proposed by City Council Member Brad DeReamer.

The next step in the process is to have a public hearing at the Fishers Plan Commission, then the Commission would vote on a recommendation to the City Council.  That didn’t happen at the March Plan Commission session.

DeReamer spoke at the March Plan Commission public hearing in favor of allowing HOAs to change their covenants with the consent of a majority of homeowners, over 50%,  Most HOAs in Fishers require a 75% vote to approve such changes , with a few around 67%.  In addition, DeReamer pushed for a lower quorum to conduct business at an HOA meeting.  Most HOAs require 50% attendance to conduct business – DeReamer wants to lower that to 20-25%.

However, there was pushback from the private sector on DeReamer’s proposal.  A representative for the Builders Association of Greater Indianapolis (BAGI) argued that the 75% vote threshold for HOAs is there for a reason and provides an amount of certainty for financial institutions supporting developments and the housing developers themselves.  There were others, some former city planners now in the private sector working for developers, that said lowering the HOA voting threshold from 75% to over 50% would likely result in unintended consequences that most people would not like.

As a result, the Plan Commission unanimously voted to delay any vote on the proposal until city staff can organize meetings with the various stakeholders to provide input and ideas on the issue.

So, will there be a new ordinance on HOA governance for future housing developments in Fishers?  Time will tell.

Road Construction in Fishers for the week of March 6

We are slowly moving into the spring season, even if the weather does not appear that way every day.  With that, be prepared for a number of lane restrictions around Fishers during the work week starting March 6.

Here is the full listing, as provided by the City of Fishers:

==========

STATE ROAD 37 AND 141ST STREETA pre-construction phase at SR 37 & 141st Street is currently in place. During this phase, 141st Street will be a Right-In-Right-Out (RIRO) traffic configuration. This is not the permanent configuration. This will allow for traffic to flow more freely along SR 37 until the next phases of construction can be activated. This will eliminate backups along SR 37 that have caused dangerous stops to the free flow traffic and backups on the 146th Street interchange. Again, this is not the permanent configuration for 141st Street. The full timeline for the 141st Street interchange will be provided after project bids are accepted in the Summer of 2023. View detour routes here.
PROJECTS NORTH OF 116TH STREET
 
131ST STREETComcast is currently doing utility work on 131st Street from Howe Road to Promise Road then north on Promise Road to 141st Street. Lane restrictions will be in place between 9 a.m. and 3 p.m.
PROJECTS SOUTH OF 116TH STREET
 
106TH STREET & HOOSIER ROADUtility relocation is currently taking place at 106th Street and Hoosier Road as part of the roundabout project. For additional project information, view the Capital Project Dashboard here106TH STREET & CUMBERLAND ROADDuring the week of March 6, Duke Energy will be tree trimming on 106th Street between Cumberland Road and Fall Road. Lane restrictions will be in place between 9 a.m. and 3 p.m.ALLISONVILLE ROADDuring the week of March 6, DPW will be performing median landscaping on Allisonville Road between Eller Road and 106th Street. Lane restrictions will be in place between 9 a.m. and 3 p.m.CUMBERLAND ROADDuring the week of March 6, Duke Energy will be tree trimming on Cumberland Road between 106th Street and 116th Street. Lane restrictions will be in place between 9 a.m. and 3 p.m.FLORIDA ROADBeginning on Tuesday, March 7 through Friday, March 10, Florida Road, between Southeastern Parkway and 113th Street, will be closed each day between 9 a.m. and 2 p.m. to allow contractors to make utility crossings. Steel plates will be placed at the end of each day to allow for travel outside of those times. GEIST ROADDuring the week of March 6, Duke Energy will be tree trimming on Geist Road between Fall Creek Road and 106th Street. Lane restrictions will be in place between 9 a.m. and 3 p.m.GEIST GREENWAYPile driving activities are currently taking place near Thorpe Creek as part of the Geist Greenway Project through Monday, March 20. For general project information, please visit https://playfishers.com/299/Geist-Greenway FALL CREEK ROADCitizens Energy Group is mobilizing the lift station on Fall Creek Road near Geist Woods Way, resulting in the closure of Fall Creek Trail in the area until the project is complete in August.

Thompson Thrift closes on 62 acres for Fishers District expansion

Developer Thompson Thrift announced Thursday it has acquired 62 acres of land for the new Fishers Events Center, part of the expanded Fishers District, to be located east of I-69 between 106th and 116th Streets.  The City of Fishers recently approved financing for the center.

The expansion of Fishers District is a $550 million project, a public-private partnership with the city of Fishers and Thompson Thrift.

“The master plan for Fisher’s District reflects the ingenuity of Thompson Thrift’s three business units to work proactively with the city of Fishers to create a true ‘live, work, play’ environment that will be a generational asset for the Fishers community,” said Ashlee Boyd, managing partner, Thompson Thrift Commercial, in a company news release. “A project of this magnitude requires patience, persistence and vision and we have brought development, design, and building experts together, as well as local leaders, to craft Fishers District into a premiere destination that integrates urban vitality with neighborhood connectivity.”

Thompson Thrift concurrently sold a portion of the newly acquired land to the city that will be used for the development of the 7,500-seat arena and event center. The city of Fishers has added AECOM Hunt to the project as general contractor for the site and event center construction which is scheduled to break ground in late March.

 

Fishers Plan Commission delays vote on HOA governance rules

Fishers Plan Commission listens to comments in the public hearing

A proposed ordinance on local Homeowners Associations (HOA) governance rules has been continued by the Fishers Plan Commission, allowing time for the city staff to meet with industry, HOA representatives and the public on proposals to change the rules on neighborhood covenant changes.

The City Council approved on first reading a proposal to lower the voting threshold for changing HOA covenants from 75% of property owners to a majority, more than 50%.  The public hearing had six speakers, many from the private sector with concerns about the consequences of such an ordinance.

The proposed ordinance would only impact new developments and their HOAs.  Fishers City Councilor Todd Zimmerman, also a Plan Commission member, reminded everyone that only 6% of the land in Fishers is yet to be developed.

One speaker, representing the Builders Association of Greater Indianapolis (BAGI), suggested a continuance to find common ground.  She expressed several concerns, including adding risk for banks financing residential developments and for the builders themselves.  According to BAGI, most HOAs have the rule of 75% of property owners approval for covenant changes for a reason.

Fishers City Councilor Brad DeReamer, who proposed the ordinance change, says the neighborhoods in his Northeast District are all facing problems with the 75% rule.  He also wants the rule for how many property owners must attend a meeting of the HOA to take action (a quorum) be reduced to 20%-25%, rather than the common rule of 50%.  He reminded Plan Commission members that the City Council is elected to represent the people of Fishers, not the developers.

One other member of the public, a local HOA officer, agreed with DeReamer.  But other speakers, some former city planners now working for developers, warned of unintended consequences of lowering the 75% threshold to 50%.

The Commission voted unanimously to continue the issue until the stakeholder meetings take place and staff reports back on what is learned from those sessions.

If the Plan Commission would come up with an ordinance language recommendation for the City Council, it would then be up to the full Council to decide whether a new ordinance on changing HOA covenants for new developments in Fishers would be enacted.

Fishers kicks-off March as Disability Awareness Month

Zach Curtis receives Life Without Limits Award from Cecilia Coble

“There is no such thing as an autistic kid.  There is no such thing as a blind guy.  People are people first.  I wish we could all wear a T-shirt that says ‘human’.”

Those were remarks from the keynote speaker at Wednesday’s kickoff for Disability Awareness Month in Fishers, Kelly Hartman.  Ms. Hartman and Fishers City Councilor Cecilia Coble co-chair the city’s Advisory Committee on Disabilities.

Hartman reminded those gathered at the Launch Fishers Huston Theatre that the disabled are the largest minority group in America.  She provided a history lesson in how many states, including Indiana, for a long time segregated the disabled in institutions, often under horrible living conditions.  Only in recent decades, according to Hartman, is that beginning to change.

Much of the change happened in the 1970s, a time when Fishers was a community of just a few hundred people.  As a result, services are not plentiful for the disabled here.

Mayor Scott Fadness reminded those in the audience that Fishers has recently codified the existence of the Advisory Committee on Disability, so the work will continue as elected officials change in the future.  The mayor also complimented Councilor Coble.

“Cecilia, just walk away today knowing that what your work is, and what it does, truly, truly matters,” said Fadness.

Three important awards were handed out Wednesday.

Zach Curtis, an employee of First Internet Bank, received the Life Without Limits prize.

Jason Boyer and the Hampton Inn earned the Cornerstone Employer Award.

The Tsimerakis Family received the Accessibility Award.

The slogan for this year’s Disability Awareness Month celebration in Fishers is “Life Without Limits – Building Our Future Together.”

For more on Disability Awareness Month in Fishers, use this link.

Kelly Hartman delivers her keynote address

 

Mayor Scott Fadness offers his remarks
A large crowd gathered at Launch Fishers for the event

Fishers residents’ questions about Noblesville project, Bastian Solutions

On January 24th of this year, the City of Noblesville and Bastian Solutions announced a $130 million corporate campus in Noblesville with a huge manufacturing plant, planned east of Promise Road, between 146th and 141st Streets.  This project will encompass 162 acres.

Even though this will be a Noblesville economic development project, it borders Fishers.  In that area. 141st Street is the border between Fishers and Noblesville.

Fishers City Councilor Crystal Neumann began hearing from residents, particularly in the Sedona Woods neighborhood, located east of Promise Road and south of 141st Street.  That neighborhood borders Noblesville, but is entirely within the city limits of Fishers.  It is also part of Neumann’s North Central Council District.

Neumann tells LarryInFishers she met this week with Noblesville Mayor Chris Jensen and described it as a “great conversation.”  Noblesville is wanting feedback from Fishers residents in the area of the Bastian development.  Jensen suggests any residents with questions or concerns attend a meeting of the Noblesville Plan Commission March 20, 6:00pm, at Noblesville City Hall.  Residents may comment during the public hearing.

One concern raised by Fishers residents in the area of Promise Road and 141st Street is the use of an industrial entrance on 141st Street.  Neumann, in an e-mail to LarryInFishers, says “the main traffic will be directed to 146th, with 141st being an alternative entrance.”  She wants more clarity as to what this would look like once the facility is up and running.

The City Councilor also raised the issue with Mayor Jensen about the zoning related to the Bastian property.  Neumann says “the constant messaging of ‘industrial zoning’… gave folks the impression this would be a manufacturing facility with all kinds of smoke or gas, rather than a corporate location.”  Jensen promised to clarify that issue.

One improvement coming to traffic flow in the area is construction of a roundabout at 141st Street & Promise Road.  The roundabout is expected to be constructed in 2024.  That intersection is currently a four-way stop.

According to Councilor Neumann, the City of Noblesville and Bastian are open to feedback on this project.  “Those impacted in Fishers just need to be included and have our voices heard,” Neumann said.

 

Marissa Deckert named Fishers Parks & Recreation Director

Marissa Deckert

When the City of Fishers had an opening for Parks & Recreation Director, local officials told  me there would be a wide search to select the person right for the job.  Turns out, the candidate selected was already right here, Marissa Deckert.  Ms Deckert has been serving as assistant director for the department.

“Marissa has been a key contributor to elevating Fishers Parks over the past few years, transitioning the department from a focus on smaller programming to large-scale community events,” said Fishers Mayor Scott Fadness in a city news release. “Her expertise in event management and experience in the entertainment industry has allowed us to secure major national acts for the NPD AMP stage and take popular community events such as Spark!Fishers and Glow in the Park to the next level.”

The department has been very busy, with new initiatives, including the opening of Geist Waterfront Park this spring, the Geist Half Marathon in September, and the Summer Concert Series at the Nickel Plate District Amphitheater (NPD AMP).

“I’m so fortunate to have the opportunity to lead the Parks department and continue to work with the amazing City team that makes Fishers so vibrant,” said Deckert. “Our team has an incredibly busy and exciting year ahead of us, and I can’t wait to make a greater impact through community connectedness, our spectacular spaces, and the richness and diversity of events.”

Deckert is a Fishers resident, mom of two, and grandmother. She is PTO Board president at HSE Schools and active in the community. In her free time, she enjoys riding bikes with her family along the Nickel Plate Trail, yoga, reading, concerts at the NPD AMP, and spending Saturday mornings at the Fishers Farmers Market.

 

 

Art galleries, reception celebrating Disability Awareness Month

March is Disability Awareness Month, and the Fishers Arts Council is partnering with Conner Prairie, along with the City of Fishers, providing a gallery of work from artists with intellectual and developmental disabilities.  There will be a reception Friday, March 3rd, 6-9pm at Conner Prairie.

Learn more from the following news release from the Fishers Arts Council:

===

The Fishers Arts Council, in partnership with Conner Prairie and the City of Fishers Advisory Committee on Disability, will offer a month-long gallery of art by individual artists and artists who are part of organizations providing services to those with intellectual and developmental disabilities. The theme for the dual-location exhibit is “Building Our Future Together.” The exhibit at Conner Prairie can be found on the second floor of the Welcome Center, curated by the Exhibition Department of the Conner Prairie Museum under the direction of Director Jesse Kramer. Fishers Arts Council’s gallery is located at the Collaboration Hub at the Hamilton County Community Foundation in Fishers, curated by the board vice president, Ross Hilleary, and executive director, Les Reinhardt.

To celebrate the over 120 pieces of art shared between the gallery spaces, there will be a reception at each location, both of which are free and open to the public. Friday, March 3 from 6-9pm Conner Prairie will hold its reception with a special welcome at 7pm followed by live performances. The following Friday, March 10 from 6-8pm Fishers Arts Council will hold their Second Friday reception with a special presentation by HSE student and comic book creator, Jason Funk at 7pm. Both receptions offer refreshments and a chance to meet the artists and organizations. Artwork will be available for sale at the Fishers Arts Council gallery.

The following organizations will be participating: Janus Developmental Services, Studio Outside the Box, Indiana School for the Blind and Visually Impaired, and Noble. This year marks our highest participation from Individual artists in our community and beyond. Those artists on display are: apdavs, Cassidy Atkins, Christopher Baird-Roberson, James Beisel, Lina Carter, Krista Darrow, Blake Dauby, Min Durham, Mark Fornefeld, Jason Funk, Anna Inger, Hikaru Kikuchi, Hiro Lerman, Nick Mangos, Warren Miller, Zander Phillips, Mark Rouse, Johnson Simon, Adelaide Thompson, and Collin Young.

We look forward to seeing you in our galleries and at the FAC Second Friday reception on March 10 from 6-8pm at the Collaboration Hub at 11810 Technology Drive in Fishers. Come meet the artists, take in their incredible art, and enjoy live music, refreshments, and a cash bar. Everyone of all ages are welcome and wanted. If you need assistance to enjoy our events, please reach out and let us know how we can help by emailing us at info@fishersartscouncil.org.

Athena, Goddess of War by Warren Miller

 

Ripe to take the NPD Amphitheater stage July 15

Funk band from Boston, Ripe

We may be in the closing days of February, but the Nickel Plate Amphitheater has already announced one ticketed concert coming up in July.  The funk band Ripe, from Boston, is coming to Fishers July 15.  Tickets go on sale March 3rd.

Below is the news release issued by the City of Fishers:

=========

The Nickel Plate District Amphitheater (NPD AMP) and MOKB Presents announces Ripe live in concert in Fishers on Saturday, July 15, 2023. Tickets for the Ripe show go on sale this Friday, March 3 at npdamp.com. An Indianapolis area favorite, Ripe made their central-Indiana debut at last year’s WonderRoad Festival and then returned in the fall to the Vogue. Now with a new release, Ripe returns for their own, stand alone outdoor headlining show.Ripe’s show is part of the venue’s annual summer series. Additional summer shows and events will be announced soon. Additionally, the NPD AMP will continue to host the Fishers Farmers Market, kicking off in May, along with local community concerts and national tours. Updates on the 2023 summer schedule can be found at npdamp.com.
Boston’s Ripe is a pop quartet featuring singer Robbie Wulfsohn, guitarist Jon Becker, drummer Sampson Hellerman, and trombonist Calvin Barthel. The four came together while studying at Berklee College of Music. Their newest album, Bright Blues, is a collection of 12 songs full of sleek grooves and bold melodies put together to help ride out tough times, an anthem for better days ahead.
The band drew acclaim from the likes of the Boston Globe, Huffington Post and WXPN with their first full-length, Joy in the Wild Unknown. Their streams on Spotify surged past 56 million as they conquered stages at festivals including Bonnaroo, Firefly, SweetWater, and Bottlerock, and sold tens of thousands of tickets across the US, including selling out the iconic House of Blues Boston and Brooklyn Steel.
Bright Blues is their first release after signing to indie powerhouse Glassnote Records and their first release working with outside co-writers. Teaming up on production with Noah Conrad (BTS, Niall Horan) and Ryan Linvill (Olivia Rodrigo, Dermot Kennedy) helped bring the high-energy, freewheeling stage show to the recording studio, with the result being an album that shows the full scope of the band’s abilities as writers and performers. The live show has always been at the core of who Ripe is, and now the recorded music can stand alongside it as an all-encompassing representation of who the band is and where they are going.
Bright Blues is available worldwide on March 10, 2023 via Glassnote Records.Tickets for the Ripe show go on sale this Friday, March 3 at 10 a.m. and will be available at npdamp.com and mokbpresents.com. For ticketed shows, the venue is an all ages facility and children ages two and under are permitted for free. Fans can also bring their own lawn chair and blankets. Additional information is available on the venue website.

Township government in Indiana

The role of township government in Indiana has been a hot topic ever since Governor Mitch Daniels had two political heavyweights, Former State Supreme Court Chief Justice Randall Shepherd and former Governor Joe Kernan, co-chair a 2007 commission that essentially found township governments should be abolished in Indiana.  The General Assembly didn’t go along with those findings, except to do away with most township assessors.

I do know many legislators began their political careers as township trustees or board members, so they have a soft spot in their hearts for townships.  But townships in the state continue to argue for their very existence.

There is an important local connection to this issue.  Delaware Township Trustee Debbie Driskell is also Executive Director of the Indiana Township Association (ITA).  The organization recently released  a task force study on township government.

The task force, using data gathered by the Indiana University Public Policy Institute, reached 27 findings.  Here are some of those points from the ITA:

  • Encourage townships to consider interlocal arrangements to maximize the efficiency and effectiveness of local services
  • Provide support to townships that wish to pursue voluntary mergers
  • Allow nonvoluntary mergers of townships if certain criteria is met
  • Make townships eligible for state grants and low-interest loan funding
  • Strengthen board oversight of township finances
  • Expand the circumstances that allow a public safety levy appeal
  • Require townships with fire and EMS services to be included in public safety local income tax allocations
  • Mandate annual continuing education for elected officials and critical staff
  • Expand education of the public, K-12 students, and policy makers about the duties and values of township government

The two townships that serve the city of Fishers, Delaware and Fall Creek, have the duty to provide fire emergency medical services to the parts of the township not within the city limits.

I started covering Indiana local government in the early 1970s and have always believed that, if you look at the entire State of Indiana, some township governments work well and are efficient ways to deliver some services, others are not doing so well.  One mistake the Shepherd-Kernan Commission may have made was proposing that all township government functions be moved to the counties.  That made the idea easy to oppose.

I do not know the future of township government in the Hoosier State, but if a blue-ribbon commission appointed by Mitch Daniels during his time as governor could not bring about legislative action, I do not know what would.  I would hope that state lawmakers continue to keep an eye on all levels of state government and evaluate the job being done, including the townships.