MERRY CHRISTMAS TO ALL!
“Our liberties we prize, and our rights we will maintain.” Posey County’s only locally-owned newspaper
Tuesday, December 24, 2013
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Volume 133 Edition 52
South Road trail plans continue to bring controversy By Valerie Werkmeister The Posey County Commissioners saved the best topics for their final meeting of the year. The commissioners met Tuesday, December 17, and discussed a number of topics to a filled meeting room. Most of those in attendance were there for the public hearing and final ruling on a petition to vacate South Road in New Harmony, a subject of much controversy for the town. Similar to a courtroom proceeding, three attorneys and several individuals were allowed to speak their case without a time limit cap. Each attorney was also given additional time for rebuttals. The process was lengthy and consumed most of the morning agenda for the commissioners. The public hearing was held after months of research following the petition to request the county vacate the road was filed on June 17, by Don and Virginia Alsop, Alvin and Jennifer Blaylock and Janice Heinlin. The three parties were represented by attorney Beth McFadin-Higgins. A remonstrance to the petition was filed by Jonathan Scott and David Flanders on June 28, who was represented by attorney Nathan Maudlin. Nancy Defries also opposed the petition to vacate South Road and was represented by the third attorney, Mike Schopmeyer of Kahn, Dees, Donovan and Kahn. At issue was whether South Road was considered a county road and if not, who owned it. During Higgins’ opening statements, she noted a 1976 court judgment in which it was ruled as a county road. County records also date the road back to 1835 in which it was initially referenced as a road. However, Higgins quickly pointed out the county had abandoned the road and it has never been fully used by the public as such. Trees have grown in its path and the rough terrain is described as hilly with ditches. The adjacent landowners are the only ones who use the road as a means to access their property. Higgins cited a court case, Lewis J. and Laurel Richardson vs. Board of Commissioners of Owen County, IN, that she felt set precedence for the
Briefly Posey County News holiday hours The Posey County News office will be closed Tuesday, December 24 thru Friday, December 27. We will re-open at 9 a.m. Monday, December 30. We will also be closed January 1, 2014. Recycling Centers closed for holidays The Mount Vernon and Poseyville Recycling Centers will be closed, Tuesday, December 24. The Cynthiana Recycling Center will be closed Wednesday, December 25 and Wednesday, January 1. Oeth issues caution for drivers Somewhere between three and six inches of rain fell on most of Posey County in a relatively short time. Several roads were under water and the Posey County Sheriff’s Department issued the following statement near the end of the rain. The Posey County Sheriff’s Department has been monitoring roadways throughout the county as drainage ditches are reaching conditions that are at or near overflowing levels. Presently there are reports of water pooling over State Road 165 near Poseyville, State Road 68 near the State Road 69 intersection, and State Road 65 near Cynthiana. Deputies are also reporting that a number of secondary roads in northern Posey County are plagued with spots of standing water. High water signs have been placed on various roads. Ford Road between Upper Mount Vernon and Wolfe Road has been closed. Posey County Sheriff Greg Oeth, urges motorists who are traveling on the above named highways, and on all secondary roads, to drive with extreme caution. Speed should be reduced to prevent hydroplaning. Do not drive through flooded areas. If you encounter a flooded-out road, turn around. Find another route to your destination. Even if the water appears shallow enough to cross, don’t try it. Water hides the condition of the road. Six inches of water will reach the bottom of most passenger cars, causing loss of control or possible stalling. One foot of water will float many automobiles. Two feet of rushing water can sweep away most all vehicles including SUVs and pick-up trucks. As of Sunday evening, no injuries or deaths had been reported due to the water but several cars and other vehicles were stranded in deep water on roadways. The rain this weekend followed five to nine inches of snow just last weekend.
South Road vacation request. “This was a case where there was a cemetery and some parents of a child that was buried in that cemetery objected to the vacation of a road that went to that cemetery. There were other roads that went into the cemetery. They didn’t have standing because they were not abutting landowners as Mr. Bender had indicated. But also, this road had been abandoned. On page 11 of that case, it says, ‘in essence of the county’s abandonment in decades of non-use have disengaged this roadbed from the active county highway system.’” Higgins pointed out that this case dealt with only decades of non-use but in the case of South Road, it hasn’t been used as a public way in 178 years. “We’re asking to vacate something that on paper says South Road is a county road. But is it a public way today? No, no one is traversing on South Road, other than my clients, the Heinlin’s and the Alsop’s to get to their houses,” Higgins said. Posey County Highway Superintendent Steve Schenk also stated for the record that South Road is not recognized by the state as a road. It is not listed on the county’s inventory of roads and as such, Posey County does not receive any funds for its maintenance. Higgins also clarified that her clients did not file the petition to stop any projects or the golf cart trail in New Harmony. Their petition was filed after the New Harmony Park Board had removed South Road from the scope of their trail project. She added that her clients were also willing to grant any and all necessary easements for property access the town may need when completing the storm water project. Higgins explained the four points of Indiana Code 36-7-3-13 that commissioners had to follow during their consideration of the vacation request. The code states: A remonstrance or objection permitted by Section 11 or 12 of this chapter may be filed or raised by any person aggrieved by the proposed
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Black Chapel’s inaugural Drive-Through Nativity delighted visitors on Sunday night. The free event was fully staffed, with 25 costumed volunteers, two lambs, two sheep, two donkeys and two camels working throughout the evening to spread Christmas cheer to Posey County. Seen here is (l-r) Tom Hartmann, Andy McFadin, Allen Stevens, Diane Banks, Sam Banks and Pastor Jim Stauber. Costumes were created by Nancy Hasting and Debbie Topper. Photo by Zach Straw
Posey Council does clean-up By Valerie Werkmeister The Posey County Council met Tuesday, December 10, and heard requests for a number of transfers and additional appropriations. They also heard a request from Sheriff Greg Oeth to clarify whether he is able to pay a full-time administrative staff member overtime pay from the sheriff’s department overtime fund. Oeth stated he has one full-time staff member that, on occasion, is needed to work an hour or two of overtime. As a general rule, county clerical employees are asked to take comp time instead of receiving overtime pay. Oeth explained that since he has cut back on part-time staff, it doesn’t help his office if he must grant comp time to this employee.
Council members agreed and gave Oeth approval to pay his full-time clerical staff overtime. The council also agreed to a new procedure on providing consent for purchases Oeth makes using a discretionary fund from his Commissary budget. Attorney Beth McFadinHiggins explained the sheriff is allowed by state law to operate and spend funds out of his Commissary budget as he sees fit. He is not required to obtain prior approval to spend those funds. Oeth does give the council reports twice a year on the expenditures he has made using Commissary funds. However, there are a few exceptions in the discretionary fund that require prior council consent.
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Mount Vernon takes care of 2013 By Lois Mittino Gray Calling it a “clean up the end of the year meeting,” the Mount Vernon Common Council acted on many items including account transfers to make sure all bills were paid and all accounts in balance by years end. Attorney Beth McFadin Higgins said that no new money was involved, just shifts in what funds the money goes into so the resolution passed unanimously. Boy scouts from troop 375 introduced themselves as they came to watch the meeting working on merit badge requirements. Street and Light Chairman Andy Hoehn reported his de-
partment has had a very busy week with the heavy snows, but they did an exceptional job. They were some breakdowns, but things were solved. Councilman Steve Fuelling proposed making snow removal easier by working on a plan to have cars park on one side of the street one day, and switch off another day. Work will be done on planning with Street Commissioner Max Dieterle to designate actual snow removal routes and incorporate it into an ordinance. In other board action:
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Mount Vernon to add college prep classes By Lois Mittino Gray The Mount Vernon School Board met in a regular meeting on Monday, December 16, but dubbed it a ‘local holiday’ as it was School Superintendent Tom Kopatich’s birthday. Board President Kathy Weinzapfel and others lauded him with well wishes. They began by honoring Spring Boys golfer Mitchell Jackson for making Big 8 All Conference and Fall Girls golfer Hayley Salaman for making Academic All State. The end of the year meeting dealt in purchasing new school buses, adding new courses and shuffling sub-accounts to make all books balance in the proper funds.
Two new school buses are on the way, but it may be spring before they are delivered. The board accepted a bid from Kerlin Bus Sales for two 84-passenger transit school buses with two-way radios. Total cost for the duo is $199,405.80 to be paid from the Bus Replacement Fund as already budgeted. The board granted permission to add these recommended new courses: Advanced Science, Special Topics: Organic and Biochemistry; Agricultural Education: Leadership Development in Action; and Business Math. Permission was given to remake Marketing Seminar, a two-semester course, into two separate one-semester courses. One will be entitled Sports and Entertainment Marketing and the other
Marketing in Hospitality and Tourism. In other board matters: • In personnel matters, the board confirmed the employment of Chad Hoskins as an Information Systems Specialist and Mary Suzanne McCune as a School Secretary/Information Systems. To do the switch, they accepted the resignation from Chad Hoskins as a teacher assistant effective immediately. Seven personnel were given permission to attend educational meetings. • amended the Bostick-Steinmetz Scholarship agreement to add, as part of the eligibility and cri-
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North Posey’s FCA taking active role By Dave Pearce There are a lot of opportunities available at a smaller country school that sometimes are not available at larger city schools. The North Posey High School Fellowship of Christian Athletes has taken the opportunity to expand and make a good name for itself early this year under the leadership of Kasey Duncan, a first-year teacher at the high school. The efforts of the new teacher have so impressed one of the students and members of the club that he asked that the paper print some information about the club and what it has been able to achieve in just a few months. Although the student asked to remain anonymous, he plays two sports at the school. And despite the name, the young man asked that other students be reminded that you don’t necessarily have to be involved in the school’s athletic programs to become an active part of the group. “At school we have a small club called ‘Fellowship of Christian Athletes’ (also known as FCA). Even though it seems it would only be for athletes that is not the case; we have many kids in the club who are not athletes, but want to be part of a club that expresses their religion (which is perfectly fine),” the young man said. “FCA is a small club and we would like to get more members, that is why I am asking for your
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North Posey’s FCA sponsor Kasey Duncan. help. Everyone in Poseyville, even if they do not subscribe to it, somehow finds a way to read the Posey County News; saying it is the best way to get information out to people. And, I am sure you get requests like this all the time so if you are unable to include this in your paper I am perfectly fine with it and completely understand.” But the club has been incredibly active this year. While Duncan attended nearby Princeton High
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School, she was never afraid or ashamed to let her friends and her community know about her faith. She attended Alcorn State University where she was a member of the softball team there. She continued to be a walking witness of her inside faith. “In high school, I attended the meetings but it really wasn’t a big deal,” Duncan said of the organization. “We had a meeting once a month or so but we never really had the opportunity to get involved with charity events or anything like that. And even in college, we had some Bible studies and things like that but there really wasn’t a main group to be a part of.” So Duncan wants to make it easier for North Posey High School students to express their faith and learn more than she had the opportunity to do. Knowing that another Gibson County High School graduate had been the sponsor last year, she expressed an interest when she realized that Leah Stormont had been last year’s sponsor before she accepted a position with another school corporation this year. “I had taken on her other jobs so I thought I might as well take that one on too,” Duncan said with an infectious smile. “Dr. Strieter said I was the first to offer to take it over so I was pleased. Even though we are not allowed to promote the Christian aspect and
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