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)

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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)

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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.”

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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.”

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The Hamilton County Reporter

The Hamilton County Council on Wednesday evening approved a Resolution of Censure admonishing Jeff Hern for his involvement in a missing campaign sign case in which councilman Rick McKinney was the victim.

The resolution introduced by McKinney stated:

“Whereas Indiana Code 36-2-3-9 (3) states the fiscal body of a county may adopt its own rules to govern proceedings of expelling a member under this section but a two thirds (2/3) vote is required to expel a member or vacate his seat, this resolution is meant to convey the Hamilton County Council’s displeasure with the recent admission of guilt of Criminal Mischief by Councilor Hern.

While his criminal mischief actions, which were directly related to his candidacy for Hamilton County Councilor, took place prior to his taking office on January 1, 2017, the guilty plea he admitted to the court on May 24, 2017, casts a shadow on the integrity of the entire Hamilton County Council specifically and all political officials in general.

Therefore, let it be known to all, that the Hamilton County Council issues this letter of CENSURE to Jeff Hern and condemns his criminal actions to which he pleaded guilty.”

Councilmen Brad Beaver, Paul Ayers, Fred Glynn and Rick McKinney voted in favor of the resolution.

Councilman Steve Schwartz voted against the action and Amy Massillamany abstained.

Both Schwartz and Massillamany were campaign contributors of Hern.

The iTown Church is one step closer to a new church building after the Fishers Plan Commission unanimously approved a recommendation to the city council for approval of plans for a new facility at 126th Street and Brook School Road.  The Fishers City Council will have the final say on the proposal.

There were 15 speakers at the public hearing, with a nearly even split between those favoring the new church building and those in opposition.  Most of the opponents live in the Gray Eagle subdivision next door to the planned building.  Many in the neighborhood objected to the removal of green space from the area to make way for the church and the adjacent parking lot.  The iTown Church has approximately 4,000 members.

Members of the church packed the council chambers and were in a clear majority, although a number of those opposing the church building were also in attendance.

Church members speaking at the public hearing talked about the good work of the church, including its outreach to young people.  Two WTHR news anchors, Scott Swan and Anne Marie Tiernon, both Fishers residents, are members of iTown church and spoke at the public hearing in favor of the new building.

Fishers City Council member Pete Peterson, also a member of the Plan Commission, repeated what he expressed at a recent city council meeting, that he is concerned about the viability of the Gray Eagle Golf Course if the driving range is demolished.   The owner of the golf course has committed to building a new club house replacing the current one that will be torn down to make way for the church.