May 12, 2020 - The Posey County News

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SINCE 1882 Successor to The Poseyville News & New Harmony Times POSEY COUNTY’S ONLY LOCALLY OWNED AND OPERATED NEWSPAPER

Volume 140 Edition 19

Tuesday, May 12, 2020

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Posey County restores ‘open for business’ this week

By Lois Mittino Gray The Posey County Commissioners met on Monday, May 4 at the Hovey House to discuss opening up the county government offices, and the recycling center, to hear current county infection rates, and to learn what effect the COVID-19 pandemic has on plans for the Midwest Fertilizer Plant construction.

President Carl Schmitz said the first order of business would be to decide whether to extend the current State of Emergency order, as is only in effect until the next day, May 5. Commissioner Jay Price made a motion to further extend the current County State of Emergency that will close county buildings through May

12. Commissioner Randy Thornburg seconded the motion. The motion carried with a vote of 3-0 During discussion on the motion, President Schmitz said he received “an amazing amount of phone calls this weekend from people who did not know the governor was opening businesses up and requested the State of Emergency continue. The media have them so scared; some don’t even go to their mailbox without plastic gloves on and keep the mail in a box in their garage for four days before they open it. They don’t want anyone around them and you might be met with a shotgun if you go near them,” he speculated. Schmitz stated he would like to see

respect for those individuals who are wishing to be left alone Thornburg observed, “If those individuals want to continue to self-quarantine, they have that right, just as those who wish to begin to move about in the county have the same right.

We can’t keep the younger people locked down. They have rights, too.”

The Commissioners decided to not fully open county government offices until May 18, 2020 for two reasons. Schmitz stated the county court system is not anticipating opening back up to full operation until that date and it will allow time for new sneeze guards to be made.

Schmitz had a sample sneeze guard on display

on a stand for all to see. “It is basically a golf cart windshield, made locally, for $130 apiece.

Vanderburgh County uses these in their offices.

It will sit on either the counters or individual desks,” he explained.

To date, the Clerk’s Office requested five of them, Circuit Court would like four, the Assessor, Building Commissioner, Probation and Area Plan would each like one of them.

The Treasurer would need a modified style of one hanging solid piece all across the counter with three window openings cut out for money transactions. The Recorder and Auditor both

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BMV Expands Branches Open by Appointment Only The Indiana Bureau of Motor Vehicles (BMV) announced today an additional 73 branches will open by appointment only on Monday, May 11. This brings the total number of branches open by appointment to 128. Customers are now able to schedule an appointment for transactions which are not available online at all of these locations. BMV Connect kiosks located at branches opening by appointment only will also be available.

The BMV continues to operate with modifications to ensure the safety of its employees and customers. “We are encouraging Hoosiers to use our website to find more information about available transactions and to schedule a branch appointment,” stated Commissioner Peter Lacy. “Our Contact Center is experiencing extremely high call volume right now and much of the information can be found through our frequently asked questions section or under branch appointment information.”

As a reminder, all branches are operating from 9 a.m. to 5 p.m. Monday through Saturday. All customers are required to have an appointment and those appointments are limited to the following transactions: • Knowledge Testing • Commercial Driver License • New Driver License/Learner Permit or Identification Card* • Amend a Current Driver License/Learner Permit or Identification Card • Replacement Driver License/Learner Permit or Identification Card • Title Transfer • Update to an Existing Title • New Registration • Disability Placard *Driving skills exams are not available from the BMV at this time.

Administrative Penalty Fees (late fees) are still waived as set forth in Executive Order 20-05. Effectively, this extends expiration dates of registrations, driver’s licenses, and identification cards without changing the expiration date printed on documents in individual’s possession and temporarily waives late fees during a future renewal. This same executive order also extends the deadline required to process a title transfer.

The Indiana BMV continues to encourage Hoosiers to complete transactions online, visit a BMV Connect kiosk, by calling the contact center, or through USPS whenever possible. You can read a full list of modifications, closures, and available services on this page: https:// www.in.gov/bmv/4363.htm

Theives get away with Easter Seals box truck leave behind yet another Special to the News The Easterseals Rehabilitation Center’s Posey County location has been unable to serve its 45 adult clients since March 20 due to coronavirus precautions. Now Easterseals Posey County faces another big hurdle to reopening after its 24-foot box truck was stolen. The missing truck is an essential part of the program that provides employment services for individuals with disabilities.

The theft was discovered by Vice President Chris Imes at Easterseals Posey County, 5525 Industrial Road in Mount Vernon, Ind., last Monday

morning (May 4). The crime wasn’t obvious at first, because the thieves left behind an almost identical truck that was previously stolen from Philpot, Ky. Security footage from a nearby business revealed the culprits making the switch and driving away with the Easterseals vehicle on Saturday, May 2, at 11:51 a.m.

The missing truck is a white 2012 International 4300 24-foot box truck.

It has unique features to meet Easterseals’ program needs, including double swing rear doors and “landing

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Mount Vernon resident Megan Walling looks at some of the flowers still available at the Mount Vernon Flower Shop. Area florists have reported record years with early closing dates for spring flowers anticipated. Photo by Dave Pearce

Search underway for NP admin

By Linda Baker The North Posey School Board is on the hunt for a new district Superintendent. Dr. Todd Camp announced last month that he will be retiring as Superintendent around February of 2021. The Board met by phone conference Thursday evening to discuss the matter.

The board will be consulting with a placement search team with 60 years of experience in the guidance and vetting of school superintendent/assistant superintendent positions statewide. The consulting agency consists of professors from several northern Indiana universities who have previously served as Superintendents themselves.

The search team does not charge for its services, except for travel and other expenses they may incur; whereas some other services charge between $3000-5000 for the same. They have an excellent track record and assisted with the selection of Mt. Vernon’s recent hiring of a new Superintendent.

Professor Terry McDaniel participated in the phone conference, covering materials previously provided to board members. The board has decided on a very aggressive timeline, with advertising of the new position to begin next week. First and second round interviews are to be scheduled over the summer, with the board hoping to fill the position as early as August of this year. Internal North Posey District candidates will be interviewed and vetted solely by the board.

The application for the position, which was approved by the Board during the phone conference, will be posted in template form on the school district’s website, along with postings on several professional educator websites.

The Board will also include a brochure, outlining the district’s many awards and achievements, along with other information about this community.

All applications will initially be returned to the search team service in order to protect the privacy of applicants.

A discussion regarding the application revealed that one of the most desirable attributes of a new Superintendent to be his or her ability to build relationships and be highly visible within the community.

The board members also agreed that the school district is the largest employer and economic driver in the community. A successful candidate will be expected to build upon the district’s community relationships with the county’s large industrial and manufacturing entities in the areas of school-to-work programs, STEM lab programs and in obtaining equipment for North Posey schools. The superintendent will be expected to be the face of the community, with a strong background in curriculum, in order to continue the district’s strong achievement record.

Once a new superintendent has been selected, a new Assistant Superintendent will be chosen to compliment

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Mount Vernon graduation plans still on hold Kinnaird to retire after 37 years of teaching and coaching

By Lois Mittino Gray Actions to take on items connected with the COVID-19 school shutdown were foremost on the minds of the Mount Vernon School Board at its May 4, meeting. Prime among the issues is what to do with the Class of 2020 graduation ceremony. School Superintendent Matt Thompson said he will announce the plan around May 13, after he receives state guidelines and meets with a group of senior students to discuss options, including traditional, virtual, or drive-by ceremonies.

“We’ll get a date out next week. I originally thought of an alternate date of June 27, but the Governor now says that no school facilities are to be open through June 30. We are looking at a date in July now. We are going to try our best to deliver a ceremony to our students and I hope it will be a traditional ceremony. If not, we will do what we can to honor our kids,” he assured the board.

He said he is waiting on directives from the Governor, the Department of Education, and the IHSAA relevant to continuing sports

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through the summer seastudents. Devices will be son. sent home with all stuThompson told the dents. Grades K-One will board that 300 to 350 have iPads, Grades Two‘Grab and Go’ lunches are Eight will use Chromeserved a day, with over books, and Grades Nine8,000 meals served to 12 will use MacBooks. date. The lunch program Dr. Loren Evans, will continue until May Director of Business, 22. Church groups will observed that “one sigthen pick up doing the nificant result of the COmeals, starting the TuesVID-19 pandemic to the day after Memorial Day, district is the associated with the “Feeding Our delay in property tax colFuture” program. Tina lection in the state. Tax McCloud is the contact settlements to local units person for this project. will be delayed by at least Keith Kinnaird In response to the ques60 days, and possibly tion, “What will school look like when we re- longer, causing cash flow problems in some turn?” the Superintendent said, “We are work- funds.” ing out the bugs before we roll out the plan, but Since bills and debt service still need to be here’s what we expect.” The continuous learn- paid, the board voted in a contingency plan to ing plan could be done online and will have cover anticipated shortfalls in some accounts. clear expectations for teachers, assistants, and The board adopted a resolution to transfer

funds from the Education Fund and Rainy Day Fund to the Operations Fund and Debt Service Fund in the amounts of $900,000 and $440,000 respectively In other school board action: • The board confirmed the employment of Carley Curtis and Trisha Lopez as high school cheerleader sponsors. Curtis, who cheered all four years as a MVHS student, replaces Julie Keitel. Lopez, who has been a cheer coach for high school and college squads and is a certified cheer judge, replaces Jean Curtis. Coty Huebschman was hired as a teacher in Special Education at Marrs Elementary, replacing Lisa Schum, and Samantha Pepmeier, a recent USI graduate, will be a high school science teacher, replacing Darla Edwards.

• accepted resignations from Sydney Grissom as a high school guard instructor on half stipend, effective immediately and Megan Hipp as a part-time teacher assistant in Special Education at Saint Wendel, effective at the end of

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MAY 12, 2020

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Corona, Like Vietnam, deserves its own statue

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bitterly divided about how the Vietnam War ought to be conducted. Some clamored for victory.

Others clamored for peace with honor. Still others sought an immediate end to hostilities. Despite these fundamental disagreements, Americans did agree on one thing: the Vietnam War was no hoax.

Early on, Americans felt insulated and isolated because the war was being conducted on the other side of the globe. But live combat footage on television and an increasing number of American soldiers returning home in body bags got everyone’s attention and made a surreal conict all too real.

In two months, the COVID-19 virus has already claimed more American lives (70,000+) than did the Vietnam War in 15 years (58,000+). As in Vietnam, tens of thousands of American families have been touched. Parents, spouses, siblings, cousins, children, sweethearts, classmates, colleagues, friends, and friends of friends have become casualties of war and disease.

Fifty years ago, Americans were

In Vietnam, the American strategy was to contain the conict within the borders of that nation. The objective was to keep hostilities from spreading into neighboring Cambodia, Laos, and Thailand. In other words, keep it from going viral.

Unfortunately, COVID-19 has already gone viral. That’s what viruses do. This virus is stealthy, and it is lethal, and its only mission is to multiply and spread. To date, we haven’t come up with anything that can stop it.

And despite our scientists’ and politicians’ eorts to contain it, the pandemic has expanded across our

nation and our planet. And it is still spreading.

But despite an ever-climbing death toll, some people still don’t take the Corona Virus seriously.

They ignore social distancing guidelines. They gather in crowds.

For whatever reason, they believe they are exempt from getting and transmitting the virus. Such behavior is irresponsible, reckless, selďŹ sh, and foolish. Attitudes and behaviors are likely to change only when COVID-19 strikes someone in their circle of friends or family.

And it almost certainly will.

Hopefully, the incremental rebooting of the American economy

will be successful and the virus will not mount a second oensive.

We shall see.

Whatever the case, once this plague passes and restrictions are lifted, maybe we ought to consider erecting a ďŹ tting monument to those who lost their lives to Corona virus – something somber, stark, uplifting, and soul-stirring -- perhaps something akin to the Vietnam Veterans Memorial Wall in Washington, D.C. Whatever form such a monument might take, and wherever it might be erected, one thing is certain: It would have to be very, very big. Big enough to carry at least 100,000 names.

Guest Opinion: By Naomi Farahan, Legislative intern for Women4Change When will things go back to normal? For U.S. elections and voter access: hopefully never Non-essential workers sit at home, not so much twiddling our thumbs but wrestling with the looming threat of layos, inaccessible healthcare and maybe the end of the world. One hand ďŹ shes at the bottom of a chip bag, the other scrolls through whichever social media site makes us the least anxious.

We ask ourselves, and each other, the same questions about Covid-19 and its impact. When will things go back to normal?

What was normal, even?

These questions are natural, as our aspirations are so often driven by nostalgia in the U.S. — an entire winning presidential campaign was built on the hope that we return to some previous version of ourselves.

But we absolutely cannot return to business as usual when it comes to designing and carrying out our elections. As we prioritize social distancing measures, states have had to reconsider the ways in which they carry out elections. It is dangerous to gather in groups of any size, and the reality of inperson voting is often plagued by long lines.

Many states, including Indiana, have widened voter access to protect the safety of their citizens. This is a good thing. It should not have taken a pandemic for some of our top state-level elected oďŹƒcials to reassess our approach to fair elections, but here we are.

The Indiana primary election was pushed from May 5 to June 2. Eligible adults can register to vote online. Voters should take advantage of no-fault absentee voting — we do not need to list a speciďŹ c reason to vote absentee. The process is relatively easy: to request an absentee ballot, visit the IN.gov website.

Neighboring states have handled the primary election in various ways. Voters in Ohio received news that the date of their primary would be pushed back. The state will host its ďŹ rst mail-in only election, a decision applauded by many across the country.

In Wisconsin, the question of whether

the Governor could change an election date without the consent of the state legislature made it to the State Supreme Court. Both courts sided with the legislature, and the state held their primary election in person, as planned. There were fewer polling places than usual, but poll workers and voters felt they were endangering their lives to participate in the election. Many experts considered the Wisconsin primary a dangerous example of voter suppression.

Our elections were designed to leave some people out of the process. The history of voter suppression in this country is a storied one, complex yet clear. Attempts to expand voter access have ranged from sweeping legislation, such as the Voting Rights Act of 1965, to small-scale solutions, such as longer open hours at polling stations.

The Covid-19 pandemic is a public health crisis, already deepening the existing cracks in our policies, institutions and cultural norms. Some believe these problems are new, but those who are most impacted by poor policy have long understood our society’s failure to protect vulnerable people.

Indiana consistently ranks as one of the worst states for both voter engagement and turnout. Through my internship at Women4Change, a statewide organization working to improve the lives of Hoosier women, I have joined the larger conversation about voter access in Indiana. This work was always important to us. But as we consider the ramiďŹ cations of Covid-19 on our communities, we believe the need to expand voter access is increasingly urgent.

With each new election, we risk a missed opportunity to invite marginalized groups into the political process. Our elected oďŹƒcials must pass legislation to make the political process immutably accessible for all eligible voters, including voters with disabilities. We must consider diverse perspectives as we reimagine the future of our elections, both in Indiana and across the country.

Letter to the Editor Thank you to the North Posey community Because of the generosity of the North Posey community, we were able to provide “Grab-and-Goâ€? lunches from March 18-April 3 to children in the communities of Cynthiana, GriďŹƒn, Stewartsville, Poseyville, New Harmony and Wadesville.

We delivered an average of 160 lunches each day to very appreciative students and parents. We could not have done this without the community’s generous donations of food, paper products, and cash. It would not have been possible without

those individuals who were willing to donate their time - to prepare the lunches, deliver them, and purchase the needed items. Volunteers from New Harmony, Wadesville, Poseyville, Cynthiana, and GriďŹƒn showed up and said, “What can I do?â€?

The Red Wagon restaurant and the MSD of North Posey donated produce and anonymous donations of fresh fruit and watermelons were also received.

Books were donated and distributed to the children.

As we were checking out at Hirsch’s Grocery, our food was paid for by a generous customer. It was, indeed, a community eort.

We continued distributing lunches from April 6-May 8 in Poseyville to anyone who desired one. We served an average of 45 lunches each day at that location. What a privilege it is to be a member of this community. If you donated a jar of peanut butter or made a monetary donation or volunteered for a day, please know it was appreciated.

Letter of appreciation for “Welcome home parade�

Jesus said: “You did not choose me, but I chose you and appointed you that you should go and bear fruit and that your fruit should abide; so that whatever you ask the Father in my name, he may give you. This I command you, to love one another.�

John 15:16-17 RSV Dear Friends, Words cannot express the Surprise, Astonishment and Love we felt upon our return home to Poseyville on Thursday, April 30, 2020 from River Oaks Health Campus in Princeton, Ind., having been gone from this area the past ďŹ fteen months. As we both were unpacking many boxes the phone rang and a voice said, “There is someone outside who wants to talk to you!â€?

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Eve she is not

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work well with scorpions and centipedes. But Peg’s education about ferocious arachnids and arthropods has been previously addressed in this space. For now our concentration is on snakes.

Peg has always been an avid online shopper and an imaginative and energetic adaptor of household products. This probably stems from her father’s expertise in engineering. Regardless, during our marriage I have often been impressed by Peg’s ability to envision uses for knick-knacks she ďŹ nds on the internet, most of which originate in China. No, I will not go there.

Anyway, Peg ordered exterior screens for our veranda double doors so that we could beneďŹ t

Peg is a born and reared Yankee.

What she used to know about such places as Oklahoma came from Gunsmoke and The Lone Ranger.

Now she is learning about the Wild West from personal experience. This morning she received an up close lesson in herpetology.

Whereas not long ago rattlesnakes and copperheads were only in Peg’s psyche as metaphors, now she understands why westerners check their boots before pulling them on and make sure doorways and windows are carefully sealed.

Of course, these precautions also

Ph. 812-682-3950 PO Box 397 • 606B Main Street New Harmony, IN 47631 Fx. 812-682-3944 www.poseycountynews.com

from the relentless prairie breezes.

The UPS person delivered the box yesterday and we let it season until this morning. Upon opening the box and reading what purported to be instructions, we installed the screens which stretched from the top of the doors to within four inches of the veranda oor. This let in clean, sweet-smelling air but the material could not be stretched to close the four inch gap. While I had reluctantly entered into the installation as ordered by Peg, I did feel duty bound to point out to her that such uninvited houseguests as scorpions, centipedes and snakes might choose to join us, especially after we went to sleep, if we left the doors open and relied upon the screens to exclude them. Need I

say, “I told you so!�?

After spending the better part of an otherwise gorgeous day deciphering the Oriental translation and aďŹƒxing screens to doors, we stepped back so Peg could admire the aect. Then we ate supper while we talked about the inscrutable mysteries of the magnetic closure on the screens. After supper Peg went to the porch to once again check my work on the screens as I prepared to watch the latest misinformation on cable TV. Then I heard Peg scream, “JIM!â€? I ran for my 20 gauge as I assumed we had been attacked by some inconsiderate violator of COVID-19 ethics. “Jim, come here now!â€?

I eschewed my shotgun and

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news@poseycountynews.com

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As we both stood on the front porch, suddenly Firetruck Sirens and Horns blasted and a Parade of automobiles with signs reading “Welcome Home John and Sharon� passed by our home, which we estimated to be about two miles long. We recognized many people from businesses, churches, Poseyville and other area towns, who took time to make us feel Loved and Welcome.�

We were both Honored and Humbled, and reminded that the people of Posey County are People of Faith and the “Best People in the Whole World!� Thank You and God Bless You. Sincerely Yours in Christ’ Service, John and Sharon Matsel

sports@poseycountynews.com

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rushed to the veranda doorway where Peg was standing on a chair and pointing a ďŹ nger at the doorsill where a copperhead was oering to engage with her.

After dispatching the serpent I expected to be allowed to relax on the veranda and admire the prairie view. Wrong! I spent the next hour removing the screens and making sure there was no light coming under the doors. On the other hand, I am fairly conďŹ dent it will be at least another week before Peg enlists me to modify the entrances to our cabin again.

For more Gavel Gamut articles go to www.jamesmredwine.com or “Like/Follow� us on Facebook & Twitter at JPegRanchBooks&Knitting.

The Posey County News - USPS 439500 is published weekly for $45 in-state and $50 out-of-state

by Pearmor Publishing LLC, PO Box 397, New Harmony, IN 47631.

Periodicals postage paid at Mount Vernon, Indiana Publisher: Dave Pearce Postmaster: Shawn Medley Send address changes to: The Posey County News, PO Box 397, New Harmony, IN 47631

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MAY 12, 2020

Linda Jane Russell

Sherry Ann Boggeman Sherry Ann (Arnold) Boggeman, 43, of Newburgh, Indiana went home to be with the Lord on May 4, 2020 at her residence with her loving husband by her side.

Sherry was born November 3, 1976, the youngest child of William and Doris (Rubenacker) Arnold in Evansville, Indiana. Sherry grew up in Saint Wendel, Indiana and graduated in 1995 from North Posey High School. Sherry was elated when she received her bachelor’s degree in nursing from University of Southern Indiana in 2000.

Her career in nursing spanned over 19 years and Deaconess Women’s Hospital was her home away from home. Her compassionate and sweet spirit led her throughout her nursing career as a labor and delivery nurse caring for the newborn babies and their moms.

She married the love of her life John Cooke Boggeman, on August 21, 1999 and together they built their life centered around the Lord. They have been faithful members of Christian Fellowship Church, lovers of Christ and committed to their small group and friends at church. Sherry considers her proudest moment and greatest accomplishment in life as being a mother to her daughter Allie (14) and her son Kile (12).

Sherry cherished her family time with her husband, children, siblings and parents. Her vibrant personality shined with her many interests in life as she enjoyed finding a good bargain while shopping, baking, music (especially Christmas music), watching Christmas movies Elf being her favorite, dancing, weddings, crocheting scarves, vacationing, the beach and especially being a faithful follower of the Saint Louis Cardinals.

Sherry’s courageous battle over the past 12 years with cancer has been remarkable.

Her desire to win her battle displayed her competitive spirit and a mother’s drive to live for her children.

Sherry is survived by her husband of 20 years, John Cooke Boggeman; daughter, Allie Boggeman; son, Kile Boggeman all of Newburgh, Ind.; her parents, Doris

(Rubenacker) and William “Bill” Arnold of Saint Wendel, Ind.; sister, Gina Robert (Mike); brother, Rodney Arnold (Julie) all of Saint Louis; brothers, Randy Arnold (Kim) of Bloomington, Ind., and Brian Arnold (Heather) of Springfield, Ill.; mother and father-in-law, Pam and Jim Merritt of Newburgh, Ind.; father and mother-inlaw, Tom and Lisa Boggeman of Clearwater, Fla.; sister-in-law, Robin Brenner (Timothy Heidenreich) of Fishers, Ind. Many aunts, uncles, nieces, nephews and cousins also surviving.

A celebration of Sherry’s life was held at 11 a.m. on Monday, May 11, 2020 at Christian Fellowship Church, 4100 Millersburg Road, Evansville, IN, 47725 with Rev. Dale Beavers officiating. Burial will be at a later date. Browning Funeral Home is handling the arrangements.

Services will be lived streamed at https://christianfellowship.churchonline. org/ The Boggeman family extends a heartfelt thanks to Dr. Mark Browning and the staff at OHA, her co-workers at Deaconess Women’s Hospital, the Evansville Christian Life Center, Evansville Christian School and all her many friends who have prayed and cared for Sherry during her illness.

Memorial contributions may be made to Christian Fellowship Church, 4100 Millersburg Road, Evansville, IN 47725 or Evansville Christian School, 4400 Lincoln Avenue, Evansville, IN 47714.

All precautions do apply for those in attendance including social distancing and masks.

Online condolences may be made to www.browningfuneral.com.

Delbert Deon Farrar Delbert Deon Farrar, 78, of New Harmony, Indiana, born to Lawrence Ellis and Charlotte Faye (Rose) Farrar on July 5, 1941, in Griffin, Indiana, passed away Tuesday, May 5, 2020, at Linda E. White Hospice House in Evansville, Indiana.

He helped Manuel, Melvin and James Farrar farm along with John Whitmore and worked for Saint Mary’s Hospital in housekeeping.

He enjoyed hunting and fishing.

Surviving are his brothers: Elmer Farrar of Mount Olive, Kentucky, Benny Farrar of Mount Vernon, Indiana and Ronald and Gary Farrar of Cynthiana, Indiana; sisters: Peggy McCoy of Poseyville, Indiana, Linda Farrar of Chandler, Indiana and Lisa Woodall of Cynthiana, Indiana and nieces and nephews.

Preceding him in death

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were his parents and siblings: Juanita Reeves and Lawrence Farrar.

Services will be held at a later date.

In lieu of flowers, to assist with funeral expenses, memorial contributions may be made to: Werry Funeral Home, PO Box 297, Poseyville, Indiana 47633.

Expressions of sympathy may be made to the family online at: www.werryfuneralhomes.com.

Honoring the Memory of Your Loved One Personalized funeral services, burials & cremations, pre-planning As a locally owned and operated funeral home, we take our commitment to your family personally.

We value your trust in us, and it is our honor to help you through your time of sorrow with compassionate service, professional guidance and a dignified tribute to your loved one.

Locally Owned & Operated

Serving all of Posey County and the Westside of Evansville

Linda Jane Russell, age 67, of Haysville, Indiana, passed away at 1:42 p.m. on Monday, May 4, 2020, at Memorial Hospital and Health Care Center in Jasper, Indiana.

Linda was born in Evansville, Indiana, on June 15, 1952, to Harold and Elizabeth (Titzer) Scheller. She married Thomas Russell on January 13, 1989. He preceded her in death on March 28, 2010.

Linda was a Licensed Practical Nurse for her entire career. She worked at Northwood Good Samaritan in Jasper, Indiana for over 29 years where she was very dedicated and compassionate to all of her patients.

Linda enjoyed traveling and hunting with her husband, Tom, the love of her life. She loved going to Saint Louis Cardinal ballgames with family and friends. She also enjoyed quilting, collecting bears, camping, and her dog Izzy.

Surviving are her mother, Elizabeth Scheller, Poseyville, Ind., six sisters, Marilyn (Fred) Hirsch, Wadesvillle, Ind., Judy (Rick) Tenison, Wadesville, Ind., Nita (Hal) Reyher, Mount Vernon, Ind., Susie (Gene) Koester, Newburgh, Ind., Lavern (Pat) Fleck, Evansville, Ind., Camille (Darrel) Adler Haubstadt,

Caroline Rose Smith

Ind., one brother, Mike Scheller, Haubstadt, Ind., two stepdaughters, Lynn (Dave) Petry, Birdseye, Ind., Tammy (Joe) Huddleston, Jasper, Ind., step grandchildren, step great grandchildren, and many nieces, nephews, and great nieces and nephews.

Preceding her in death besides her husband is her father, Harold Scheller, and grandparents, Arthur and Anita (Steckler) Scheller Sr., and Albert and Millie Woods Titzer.

Private funeral services were held at BecherKluesner Funeral Homes in Jasper, with burial at Haysville Community Cemetery in Haysville, Indiana.

Memorial contributions may be made to the Dubois County Humane Society.

Online condolences may be made at www.becherkluesner.com

Carl E. Caldemeyer Jr. Carl E. Caldemeyer Jr., 55, of Evansville, Ind., passed away Sunday, May 3, 2020. He was born on July 1, 1964.

He enjoyed restoring vintage automobiles and tractors.

He was preceded in death by his father Carl Caldemeyer Sr. Carl is survived by his mother, Wilma Jean Caldemeyer; sons, Andrew, Joseph, and Matthew Caldemeyer; sisters, Kula Wathen (Mike), Sara Crane (Russell); brother, James Caldemeyer; halfbrothers, Joshua Shappell, Daryl Caldemeyer (Sharon); half- sister, Wanda

Hert.

A private service was held, with burial in Locust Hill Cemetery.

Condolences may be offered at www.AlexanderWestChapel.com.

Lloyd Dale Paul Lloyd Dale Paul, 95, passed away May 4, 2020, at Linda E. White Hospice House. He was born on August 4, 1924, one of five children born to Ada (Moutray) Paul and Henry Paul of Poseyville, Indiana.

Lloyd served in the Navy during WW II. He married Esther Scheller in 1951.

Lloyd owned the gas station on Main Street in Mount Vernon from 1950 to 1959.

He then opened Lloyd’s Trim Shop, which he operated until 2008.

Lloyd was preceded in death by his parents; his wife of 60 years, Esther (2013); brothers, Carroll Paul and Harold Paul; sisters; Mary Paul and Ruby Jochim.

He is survived by sons, Lloyd W. Paul (Denise) and Timothy J. Paul; daughters Carolyn J. Kildegaard (Nis) and Martha S. Schaffer (Jake); grandchildren, Edward Harris Jr. (Stephanie), Ellen Kildegaard (Mike Rodermund), Joshua Lafferty, Adam Lafferty, Darcy Robison (Brett), Craig Paul (Natalie), Pamela DeVillez (Nathan) and Zachery Paul (Mary); great-grandchildren, Aliyah, Gabrielle, Makayla, Skyla, Ashlyn, Quinten, Mary, Reid, Domi-

Caroline Rose Smith passed from this life on Friday, May 1, 2020. She will be missed by all whose lives she touched. Caroline was 83 years young, and she had the energy, and the drive of a twenty year old.

She was born July 11, 1936 to Troy and Cecelia Smith of Mount Vernon, Indiana. Her passions were her work, family, friends and church. She moved to the big city of Dallas as a young adult. When she would make return visits to Indiana, her friends would mention how glamorous she had become.

One time she was mistaken for a movie star. This was the opposite of who Caroline was. Caroline was a modest, loving, generous, and very down to earth person. She would help anyone in need or who needed support by staying and helping at their homes or visiting in the hospital.

Caroline worked and retired from Oilwell Supply in Dallas where she has remained in touch with her coworkers through the years.

She was a member of Holy Trinity Catholic Church in Dallas and attended Saint Paul’s Catholic Church in Richardson.

Caroline was preceded in death by her sister, Patricia

Ann Howell of Dallas, and her partner, Sidney Lebowitz of Richardson. She leaves behind her nieces and their spouses, Karen Bravo (Lou) of Grapevine, Jonnita Bean (Bob) of Pottsboro, and Jonnette Piercy (Mark) of Lubbock. Also, Caroline leaves behind two great nieces, Ashley Piercy Hanson of Lubbock, and Chelsea Bravo of Grapevine.

Additional information can be obtained at Sparkman/Hillcrest Funeral Home in Dallas.

Memorial contributions can be made online to Holy Trinity Catholic Church www.htccd.org or may be mailed to: 3811 Oak Lawn, Dallas, Texas 75219 or contributions may be made online to Saint Jude Children’s Research Hospital www. stjude.org.

John A. Nussel John A. Nussel, 71, of Mount Vernon. A loving husband, father, grandfather, and brother passed away Saturday, May 9, 2020 after a long illness. He survived by his wife Sandra, children, Mariah Beck, Tyra Bonham, Tessa Carter, Kirk Whipple, and Stacey Whipple Jennings, 17 grandchildren and 17 great grandchildren, sister Judy West.

John was preceded in death by his parents Arthur and Mary Nussel, brother Bill Nussel and sister Barbara Higgins.

John was born November 16, 1948 and grew up in Mount Vernon, Ind. His career as an Electrical Engineer took him to several companies before he settled in at General Electric Company in Mount Vernon now know as Sabic, from which he retired and was also a member of the emergency team as well as a trainer for SFS. John and his wife Sandra

purchased and remodeled homes and enjoyed frequenting yard sales. John, as a hobby, enjoyed small engine repair and lawn work.

A funeral service will be held at the Stendeback Family Funeral Home at 10 a.m. on Thursday, May 14, 2020 with CDC guidelines in place, no prior visitation will take place. In lieu of flowers memorials may be left to the American Cancer Society.

Online condolences may be left at stendebackfamilyfuneralhome.com.

Memorial Day Service: NH Legion Color Guard Monday, May 25, 2020 nic, Kolton, Averie, Serenity and Pharah; his first greatgreat grandchild is due this month.

We wish to give a special thank you to the staff at Mount Vernon Nursing and Rehab for their loving care the last few years. Thank you for the care and support from Deaconess Hospital and Linda E. White Hospice House.

Due to virus, private family services were held.

Memorial contributions may be made to Shriners Hospitals for Children, P.O. Box 863765, Orlando, FL 32886 or American Legion Post 5, 203 Walnut Street, Mount Vernon, IN 47620.

Condolences may be made online at www.schneiderfuneralhome.com

Maple Hill Cemetery, 9 a.m.

Griffin Cemetery, 9:45 a.m.

Bethsaida Cemetery, 10:15 a.m.

Stewartsville Cemetery, 10:15 a.m.

Wadesville Cemetery 10:45 a.m.

New Harmony Town Hall, Memorial at 12 noon.

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PAGE A 4 - THE POSEY COUNTY NEWS D

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MAY 12, 2020

Spring Childhood Madeleine, ďŹ rst of all,

Even in this simple home, with no indoor water nor toilet, my life was happy and peaceful. My devoted grandparents never argued. They did everything together for sixty years.

It was hard work, from mowing the big lawn with an old push mower to washing clothes out in the building which also housed baby chickens. Although the sun-dried sheets ďŹ red up my allergies, I will never forget how they smelled. I would run through the clothing on the line and get in trouble.

I liked to drop the seeds into the garden furrows, but I have to do it perfectly to please my grandfather. The smell of the warm dirt has also stayed with me. Everyday, I walked through the strawberry patch, searching for a ripe one.

This was, also, baby chicken time. They came in at cardboard boxes with holes in the sides. I loved to play with them, but they grew up quickly. I also liked to gather eggs, enough though the hens pecked at me. I also had to avoid the poop in the chicken yard.

For a few years, I had two pigeons, named Charlie and Cleopatra, but they couldn’t be let out of their coop, so it wasn’t much fun. Hawks circled overhead, hoping to make one of them breakfast.

I took piano lessons and when my teacher’s brother, Jimmy Epperson, had a dog with puppies, I was allowed to get one. She was a tiny black thing named Petunia, and followed me everywhere. That was a great summer.

I can’t remember the eventual fate of most of my childhood pets and that has to be a blessing. I don’t want to recall the sad parts.

B let me apologize for the C

P serious nature of my last two columns. It is hard not to feel serious in this time. Even though they all work hard, even the children, the other family members have a purpose every day. They work together at the Silver Bell to not only get carry-out food out, but to work on the big renovation project. I don’t have a job there.

After all of the years I was in charge of what I was doing, I was also in better health. I am sure that many others are feeling very much the same; especially those who live alone or have health issues.

So let’s go and re-visit happier times. As a child, I loved this season. It was past the brutal cold of winter, but not yet to summer heat, with bugs and sweltering days to endure in a home with no AC. I had a little spot where I took my dolls and books and stayed; like a play area. It was between a snowball bush and a bright red japonica. Their branches intersected and made a little alcove over my head. I could see my grandparents working in the newly-plowed garden and hear the songbirds.

The air was fragrant and warm, and in innocent childhood, I had no worries. There were usually new kittens under the back step, and my biggest problem was naming them and ďŹ nding homes for them. I had a swing on the big pecan tree in the back yard. It had a home-made wooden seat, hung with real rope.

Underneath it, the ground was worn down from my feet.

Madeleine, in a couple of weeks, you will be getting your long-awaited Australian Shepherd puppy. It will be your ďŹ rst dog, just your own. I am sure that you will remember her when you are my age, just like I do Petunia.

She will be waiting for you to get home, like all of my dogs did. They seem to know when it is time for the bus to arrive and they listen for it. I can remember seeing her run Cathy and Petunia - 1950 down the front yard to meet me; her ears apping. I am glad I don’t know what happened to her.

We got our Boxer named Lady a few years later, and she was also a faithful companion. Somewhere in that time period, I got my blonde cocker spaniel, named Gypsy. In this time period, dogs were “outside� pets, because folks didn’t know any better, so they could get run over, or meet some other horrible fate.

I look down at my current four “children�, and can’t imagine doing that to them. I even worry about the squirrels, the raccoons, and the groundhog.

In looking back, I try to only remember the happy things. I hope that all children can store those up. We need to have times to go back and re-visit when the world seems cold and scary.

Poseyville residents John and Sharon Matsel were shocked and amazed at the outpouring of love shown to them when they returned home on April 30 from a 15-month stay at River Oaks Health Campus.

Ask Amy Koch A monthly column from the Executive Director of the Charles Ford Retirement Communities of New Harmony COVID 19 Recently, we had the opportunity to conduct a virtual interview with Amy Koch, executive director of the Charles Ford Retirement Community of New Harmony, giving her the opportunity to describe the many challenges facing the hands-on-heroes who are caring for our residents during this pandemic.

How did you ďŹ rst become aware of Covid-19?

Like many Americans, news headlines began to focus our attention on the Coronavirus threat and its potential impact in late February. Immediately, we became acutely aware and began to review and reassess our infection control policies as they relate to this speciďŹ c threat.

What were the ďŹ rst steps you took to prepare for its impact on the Charles Ford Retirement Community?

Fortunately, we routinely practice universal precautions, screen for and discourage visitors with cold and u symptoms as a general rule; consequently, during the ďŹ rst week of March, we began to progressively tighten up our protocols as COVID details and recommendations developed.

Who or what entity did you look to for guidance?

Our Community communicates frequently with the Posey County and Indiana State Departments of Health, Emergency Management Systems, and the Centers for Disease Control and Prevention (CDC) to share facility conditions, obtain the most up-to-date information and resources, and ask for help as needed.

What major challenges did you face?

Regulatory requirement updates are tedious and overwhelming. They change constantly and we get updates multiple times a day from multiple sources. This can be most challenging.

What restrictions have you had to place on sta and residents?

Every eort has been made to protect our Community, residents and sta, against the threat of COVID-19 including (but not limited to): restricted visitation, actively screening residents and sta for fever and other signs/ symptoms of COVID-19, discontinued communal dining and group activities, wearing personal protective equipment, such as facemasks and gloves, eective hand hygiene, practicing cough etiquette, sta staying home when sick, assessing and maintaining an infection control plan and other protections adequate to address COVID-19.

How have you adapted your hand-on-services to help residents feel loved and secure in a diďŹƒcult situation?

Nothing replaces one-to-one, Tender Loving Care. We’re learning to adapt and ďŹ nd meaningful ways to deliver the same standard of care and sense of community in spite of necessary social distancing and personal protective equipment. Making sure our residents are “Living

Well� continues to be our focus.

What new services or methods of communication have been added to help residents feel safe and secure?

Due to the generosity of the Charles Ford Endowment, iPad technology has been implemented to keep residents better connected and engaged. Implications include video chatting with friends and family, social media interaction, and the availability of the internet connection to their interests and hobbies. You’d be pleasantly surprised by how “techyâ€? Seniors can be. Residents had their ďŹ rst telehealth appointments this week.

What eorts have been initiated to address the concerns of the residents’ loved ones?

The intimacy of our Community lends to its beautiful boutique style of living. Relationships are signiďŹ cant within our organization. Regular clear and candid communication between our leadership, our residents and their family members is paramount for managing the concerns of residents and families alike.

Overall, how well do you think residents and their families have adapted to these new restrictions?

We are a Community of incredibly resilient people. I am awed and inspired by their outpouring of love and support.

What has been the most diďŹƒcult for sta?

Team members are challenged with maintaining stringent COVID precautions and wearing a mask at work and in their personal lives.

For residents? Social distancing requires that residents, generally, remain in their rooms.

As it relates to you, your sta and your Community, if you review the challenges this Pandemic has caused to date, what gives you the greatest satisfaction on past performance and the greatest conďŹ dence going forward?

One of the primary spiritual lessons for me through this pandemic is what it means to “fear not.â€? To be eective, good leaders stay on top of all of the information available in order to be absolutely prepared to care for our people and protect our caregivers. Good leaders stay in the trenches with our tribe members. It calms our heads (and our hearts) in the midst of frightening worst case scenarios.

I heard an interesting perspective, recently.

It went something like this: We may all ‘feel’ fearful, but to ‘fear not’ means we don’t give in to the feeling of fear. The powerful realization for me is that none of our community members have considered ‘giving in’ to fear. They are ALL good, AMAZING people! Every single one of our sta members and residents. I am awed and inspired and humbled to be part of such an incredibly brave and resilient group of people. I want them all to know - I love them and would put my life in their hands in a heartbeat. Even though we are in the storm, the storm is not in us!

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John and Sharon Matsel of Poseyville, pictured at left, were recently welcomed home by a huge drive-by parade of family and friends - and the local ďŹ re department. The pair returned home after an extended stay at River Oaks Health Campus in Princeton. “I never would have expected such a thing,â€? remarked John. “We sure have a lot of people that care about us.â€? Please see their thank you to the community letter on Page A2 of this week’s paper. Photos by Theresa Bratcher

Posey County Council on Aging News Do you need a ride?

Posey County Council on Aging is open for transportation only. The Centers are still closed. Our hours are 8 a.m. - 4 p.m., Mon.- Thur. and 8 a.m. - 3 p.m. Fri., call 812-838-4656. Face coverings are necessary - mask (homemade is ďŹ ne), bandana etc. We can also help with getting groceries.

P C H

J K

National and Local News 100 Years Ago News From The Western Star, May 12, 1920 - Mount Vernon

Special Note: Items in this issue include Coliseum site, Board of Charities visits Poor Infirmary and jail, Mrs. Pauline Bailey injured seriously when horse falls, big carnival next week, Women’s clubs plan to purchase Fauntleroy Home, and many other news briefs. No news of Mount Vernon 125 years ago in this issue.

Coliseum Site Selected By Board - The Board of Trustees for the Soldiers’ and Sailors’ Memorial, composed of Jacob Harlem, Louis Raben, William Holton, L. J. Demberger, and Lowell Stallings met in a special session Thursday and selected as the site for this building the Jacob Crombach and Dr. D.C. Ramsey properties. These two lots of 140 x 140 feet, are located on the corner of Third and Walnut Streets. A total of $11,000 was paid for the two lots. These lots are centrally located and will make a splendid site for the Coliseum, and the committee has acted wisely in their selection.

Board Of Charities Visits Poor InďŹ rmary And Jail - The County Board of Charities of which O. N. Fretageot is chairman, Mrs. C. E. Smith, secretary, and Mrs. C. P. Klein, Mrs. Charles Johnson, Mrs. Charles Brinkman, and Rev. Press are members, inspected the Poor InďŹ rmary and jail Thursday, May 6, and their report is submitted as follows: There were 24 inmates at the jail. The jail had been painted and conditions were somewhat improved. There were 24 inmates at the inďŹ rmary. Their general health is excellent as shown by the reports of the County Health OďŹƒcer. This is due, no doubt, to the excellent treatment and good nourishing food received by the inmates. The institution is in excellent condition as to cleanliness, sanitation, and care of inmates. The dining room has a home-like atmosphere - the growing plants and the aquarium with goldďŹ sh add to the improvements. The cleanliness of the clothing of the inmates and bedding couldn’t have been better.

The spiritual needs as well are met.

Miss Bailey Seriously Injured When Horse Falls - Miss Pauline Bailey, social editor of the Mount Vernon Democrat, and daughter of Mr. and Mrs. John Bailey, residing on Mulberry Street, was seriously injured at 1:30 yesterday afternoon when the horse upon which she was riding fell on the wet and slippery asphalt street and in the fall Miss Bailey suered a fracture on the right side of her head and at the base of the skull.

No one witnessed the accident yesterday, but it is supposed Miss Bailey’s head was injured by coming in contact with the hard street. When her father reached her, Miss Bailey was unconscious as she was carried into her home. Dr. Doerr was immediately summoned. Besides her fracture, she suered hemorrhages of the mouth and ear. Yesterday she registered a temperature of 101. She also suered a complete paralysis of her left side. She has not regained consciousness and hope remains for her recovery. Miss Bailey is one of Mount Vernon’s popular young and has a host of friends whose hearts are saddened by the news of the accident.

Big Carnival Here Next Week - At last!

Mount Vernonites - old, middle-aged and young, as well as the “kids, “ are going to enjoy a week of real fun. The time - beginning Monday, May 17 - all week. The place - corner of Main and Grant Streets. The Metropolitan Shows will furnish the amusements, and the “galaâ€? week, as was advertised, for the beneďŹ t of Owen Post 5 American Legion. The company carries two brass bands, a big Ferris wheel , a merry-go-round, and many high class novelties.

The Old Fauntleroy Home - The First District of the Indiana Federation of Women’s Clubs met and has fully endorsed to purchase the Fauntleroy Home. More than 500 women were present at the Murphy’s Auditorium to vote and adopt the state federation in its movement to purchase and maintain the Old Home.

Speed Maniacs - Complaints are numerous from parties residing on the Mount Vernon and New Harmony Road, relative to speed maniacs, and toward automobile drivers who disregard the rules of driving. An example was an elderly man going south when two cars loaded with high-spirited young people were going north at a rate of 50 m.p.h.

News Briefs And Personals - Births: Born Monday to Mr. and Mrs. Chris Ziegler, a daughter, Viola Pauline. ( Note: My wife’s dear mother) Born to Mr. and Mrs. Edward Marshall, a boy. A boy was born to Mr. and Mrs. Arthur Stokes, Tuesday, May 4. Mr. and Mrs. Arthur Becker are the proud parents of a son, who came to bless their home Sunday, May 2.

Born to Mr. and Mrs. Phil Roedel, a 10 pound baby girl.

Visits To The City And Around - Clem and Henry Kleinschmidt motored to Mount Vernon Saturday night. Mr. and Mrs. Ed Boyer of New Harmony, came down Thursday night and took in the Elks’ steamboat excursion. Mr. and Mrs. Sampson Aldrich were out visiting their farm near Savah, Thursday. Will Maurer passed through Savah Wednesday afternoon.

Wedding - Miss Louise Mann and Justin Stiker (Indianapolis) were united in marriage at the Saint Matthew’s Church nine yesterday morning, ceremony performed by Rev. Father Bauer.

Mothers’ Day was generally observed by all the churches in this city Sunday.

Mount Vernon High School Graduates This Year - Malcolm Alldredge, Esther Barrett, Mildred P. Barrett, Edith Blackburn, Emily S. Boyce, Elizabeth Ann Clements, Roberta E. Cowen, Mark M. Dawson, Fritz P. Dietz, Samuel C. Dixon, Annabell French, Fred Gill, Charlotte M. Green, Beatrice Grossman, Fred L. Hagemann, Lucille Hemping, Kellie O. Johnson, Erwin L. Kreie, Floyd E. LaDuke, Helen B. Lawrence, Jessemy L. Layer, Edward Mann, Hazel F. Maulding, Laverne Niblo, Virginia L. Noon, Estellia M. Oeth, Charles Ruminer, Gertrude L. Schneider, Margaret Seibert, Elsie E. Scheretz, Arthur Thomas, Samuel F. Topper, Glades G. Topper, Hortense Utley, Nina M. Walker, Thomas James Weir, and Gladys N. WolďŹ nger.

THE POSEY COUNTY NEWS - PAGE A5

MAY 12, 2020

Hans Schmitz, PC Purdue Extension Educator Farmer Optimism OďŹƒcially Cracks Purdue’s Center for Commercial Agriculture keeps track of farmer sentiment, both for current and future anticipated markets. In the recent past, month-to-month changes have tracked increases or dips in expectations. This month, the index proved itself across the timeline, as the index slipped below 100 (the base standard) for the ďŹ rst time in over three years, signifying very negative current opinions of the agricultural economy and much less optimistic outlooks of the economy in the longer-term.

The barometer exists as a monthly telephone survey of 400 producers around the nation, notably including livestock producers. This month, the index value declined to 96, the fourth-lowest value ever recorded by this instrument, with the other three occurring in 2016 prior to the November election of that year. The current low was formed by a record low current condition sentiment, index of 72, with future expectations settling after a record high this past winter of 175 down to a barely positive 108.

In questions posed on the survey, the largest reason for concern in the economy was market access. At the moment, processing capacity for

livestock is extremely limited. Those who can market animals are seeing a reasonable price, which means existential issues exist. Take, for example, a beef operation where market contracts are not locked in but the price of calves is relatively high. If a market opens and feeder cattle can be sold, a modest proďŹ t is gained. The risk of having no market is high, however, resulting in the greatest loss possible, euthanasia or home processing with no ability to resale. Similarly, low oil prices have tanked the ethanol industry, resulting in plant shutdowns across the Midwest. In any year, from one-third to nearly one-half of the total US corn yield produced will go toward ethanol production. Shrink the ethanol market, and access issues begin to exist. More immediately, prices decline based on the expected glut of corn that will enter the market.

Since 1300 pounds of corn are more shelf stable than a 1300 lb. live steer, more options exist to return partial investment, although a negative return on investment at three-dollar corn is likely.

As the Index of Future Expectations slips closer to 100, that index will be a key indicator to watch in the future. If future expectations would

ever fall below 100, one would expect farms to begin exiting the industry on a larger scale. The negative outlook could bring about retirements while land prices are relatively high, or a negative outlook could result in farmers turning ground over to others and looking for other occupations with a positive earning potential. The current conditions index being so low does not have nearly the lasting eect a low future expectations index could bring.

One interesting result of the survey this month is the anticipation of low prices putting pressure on the farmland market to respond, lowering land prices and, as they are inexplicable tied, cash rents. Southwestern Indiana has been in a bit of a land price bubble the past few years, with prices never lowering much o the highs of the booming ag economy from 20082013. Lower land prices would be a silver lining for those operations able to expand or looking to bring another generation back to the farm. Whether the expectations become reality will be of interest to all in the rural community over the next year or two.

For more information on these items, contact Hans at hschmitz@purdue. edu or 812-838-1331.

River Bend Food Pantry to remain open, changes pick-up procedure

The New Harmony Food Pantry, located at the Holy Angels Community Center on the corner of Main and Steammill in New Harmony, will be open May 21 from 2-6 p.m. This will be a drive-thru only service entering from the south side of the parking lot.

Emergency food service is available upon request by calling 812-480-3586.

Monetary donations can be mailed to: New Harmony Food Pantry, PO Box 203, New Harmony, IN 47631.

dow.

4. We will then bring prepackaged groceries and set them on the sidewalk by your vehicle.

5. After the volunteer has moved away from the groceries, you may then get out of your vehicle to load the groceries into your vehicle.

If you have any questions, please feel free to call 812838-3841, leave a message

and we will return your call.

Visit us on Facebook: River Bend Food Pantry.

We began using this new format on March 20 and it seems to be running very smoothly. We want to thank everyone for being patient with us in this time of crisis. We also want to thank those in the community who continue to donate their time and resources.

Bethsaida Cemetery Clean-Up Day set The Stewartsville Bethsaida Cemetery clean-up day has been set for Saturday, May 16 at 9 a.m. Please bring trash bags and rakes.

Memorial Day Service NH Legion Color Guard Monday, May 25, 2020 Maple Hill Cemetery, 9 a.m.

GriďŹƒn Cemetery, 9:45 a.m.

Bethsaida Cemetery, 10:15 a.m.

Stewartsville Cemetery, 10:15 a.m.

Wadesville Cemetery 10:45 a.m.

New Harmony Town Hall, Memorial at 12 noon.

NH Legion offer Fish Friday take-out Due to the pandemic we are all experiencing right now, the New Harmony American Legion Post 370 cannot be operating on our normal schedule. However, we are going to continue our Fish Friday’s. We will be open from 12-8 p.m. each Friday with our special.. Fish w/two sides/ hushpuppies.... cole slaw, baked beans, macaroni salad, potato salad, fries/tots for $8. We will also have our Full Menu available. Call-In/Carry-Out/Curb-Side Only. 812682-3873. Thanks to our Governor, we also have carryout beer. Thank you so much for your patronage, and hopefully we can get back to normal soon.

Working Men’s Institute Eective May 5 curb-side pickup of library materials will be available, Tuesday through Saturday, 12 to 4 p.m. Public computers will be available by appointment only starting Tuesday, May 12 (maximum two patrons at a time). At this time our facility will remain closed to the public. Please call us at 812-682-4806 to reserve your materials *for pick up. *For safety purposes all materials will be thoroughly sanitized and bagged before distribution.

Robb Township Alumni Cancelled Robb Township Alumni 2020 has been cancelled due to the Coronavirus. Please share and spread the word to classmates and friends. Any questions contact Dody Straub at 812-4543484.

PC 4-H Fair seeks gate workers The Posey County 4-H fair is looking for groups or organizations to work gates the week of the fair. July 13 through 18, 2020. Contact Laurie Hartman 812-454-3753 for info.

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NH Food Pantry offers drivethru pick-up

1. Instead of coming into the building at Door 2 you will need to drive to the opposite side of the building to Door 8 located on Eighth and Canal Street.

2. Stay in your vehicle with the window rolled up.

A volunteer will come out to your vehicle.

3. Show your photo ID & a current utility (Vectren or water) bill through the win-

JUST ASK US, WE MIGHT HAVE IT.

River Bend Food Pantry, located at Hedges Central Community Center, 716 Locust Street, Mount Vernon, Ind., continues to remain Open. Hours of Operation: Monday, Wednesday, and Friday from 9 a.m. - 12 noon.

In this current state of emergency we have changed how we are operating:

Briefly

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PAGE A6 - THE POSEY COUNTY NEWS

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MAY 12, 2020

Isaiah 1:17 Project promotes ‘Fortifying Fostering Families’

Quinn and Sydney Zirkleback took advantage of a sunny but windy Sunday afternoon to ride their bikes near Farmersville School. Photo by Dave Pearce

Covid-19 has introduced unprecedented challenges for many families.

Fostering families are no exception.

Kiddos schooling at home has been a greater challenge as school meal programs and traditional health, mental health and childcare support have been suddenly eliminated for the past two months.

Reaching out for help is never easy, but among foster families, there is an unfortunate stigma in reaching out for assistance. Foster families go to great lengths to provide stability for all the children in their homes. However, these are indeed unprecedented times and we are hearing from families who privately express their struggles to make ends meet. Recently we heard from one family who was faced with some very difficult decisions as their grocery budget for their family of seven has been reduced by nearly half. We are thankful that foster families identify The Isaiah 1:17 Project as an important part of their support and have shared these needs with us.

The Isaiah 1:17 Project has some amazing community partners that are helping us meet these needs through the Fortifying Fostering Families program.

This program will provide food support in a bi-weekly food box gift through

partnering agencies in our seven county service area, and a special bi-weekly gift of a meal from our friends at Arby’s Restaurants.

Fostering families in need of support may complete a confidential online form at www.TheIsaiah117Project.org/ FortifyingFamilies.

Ways to get involved and be a part of the support and solution are listed at www.TheIsaiah117Project.org and on the organization’s Facebook page https://www.facebook.com/TheIsaiah117Project/.

The Isaiah 1:17 Project was founded in 2017 with the mission of “working with the community to provide services and support for families, and a Bag of Hope for children in foster care.”

The Isaiah 1:17 Project’s partnerships with area hospitals, DCS offices, schools, and emergency response personnel, as Direct Access Points for distribution of the Bags of Hope. These bags are available from whatever point a child is transitioning, are given directly to the child to increase a sense of ownership at a time of great loss and provide the assistance foster families need to get these children to a stable and loving home as quickly as possible. A Bag of Hope contains age appropriate items such as pajamas, socks, under-

wear/diapers, toiletries, snacks, water or baby formula for babies and comfort items to aid both the foster parent and child during the initial transition. The Isaiah 1:17 Project started in the garage of founder, Marcia Lambert, with just two plastic totes currently serves a seven-county Southwestern Indiana region that includes Gibson, Knox, Pike, Posey, Spencer, Vanderburgh and Warrick Counties, and has packed more than 4,000 bags. This growth demonstrates the growing need and the importance of strategic partners for Direct Access Points. The Project is a 501(c)(3) organization staffed entirely by volunteers.

The Isaiah 1:17 Project raises awareness through special events such as an annual For His Children Concert, Beauty for Ashes Pageant, Healing Homes Conference (in partnership with the Borrowed Hearts Foundation of Vanderburgh Co.) and other community and organizational events throughout Southwestern Indiana.

Founder and Executive Director of The Isaiah 1:17 Project, Marcia Lambert, is available for interviews about the needs of foster families, children in foster care and the ways people can get involved in improving the transition of children into foster care and reduce the strain on fostering families.

Premier Healthcare resident Maxine Peerman, holding sign, was one of many who watched a drive-by parade of Taylor Barnes of Mount Vernon enjoys a walk with her family and friends on Friday, May 1, 2020. Those there to ‘visit’ Maxine were, in car pictured, Lexi, Cathy, Kylie, children Mason and Levi, and family dog Delilah on Sun- and Ezra Will. Connie and Angie Woods came from Saint Meinred to ‘visit’ Aunt Maxine and friends Juanita Gordday afternoon in New Harmony. Photo by Dave Pearce man and Jean Blaylock. Photo by Theresa Bratcher

DNR properties resume entrance fees, reopen riding trails and restrooms

Birthdays May 12 - Jamie Ralph, Bailey Robb, Kurt Seibert, Elaine Cummings, Carol Schwan Siegel, James D. Wiley, Linda Morris, Ryan Vanlaningham, Thomas Ryan May 13 - Kayla Brauser, Mason Cox, Pam Muncy, Chee Chee Ahrens, Hope B. O’Loan, Robert Johnson, Deloris Holtzclaw, Barry Ingle, Jeff Kissel, Kaydon Joe Grimm, Pam Purkiser, Joseph Allbright, Alison Baker, Eileen McGennis, Beverly Ray May 14 - Virginia Alsop, Lauren Crocker, Angela Wiltshire, Larry Rutledge, Jean Slagle, Vince Ethan Koester, Nicolette Byrn, Lois Johnston, Susan Thompson May 15 - Lina Mittino, Laura Kahle, Elliott Hudgins, Linda Roos, Jim Schwindel, Thelma Pearson, Red Harrington May 16 - Carl Burnett, Lois Don Beard, Austin Miller, Terry Viviano, Emma B. Hottel, Curtis Carne, Crystal Roby May 17 - Cody Austin, Bryce Kohlmeyer, April Kohlmeyer, Mary Swain, Jordan Anne Werry, Madison Lee Werry, Jason Webber, Leigh Ann Wiley, Nancy Weinzapfel, Donna Viviano, Harley Peerman, Rob Cooper May 18 - Lesa Trela, Charlotte Lee, Evan Kissel, Wendell Crumbacher, Vincent Fullerton , Paula Coleman , Landon Counts, Mikayla Deshields, Loretta Gerard, Elizabeth Uhde If you have a name to be included, please send to: Posey County News, P.O. Box 397, New Harmony, IN 47631, or email: news@poseycountynews.com

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All DNR properties will resume charging entrance fees no later than May 15.

A full breakdown of entrance and other fees is at stateparks.IN.gov/5062.htm.

Regarding other imminent changes: Equestrian and mountain bike trails will open, for day use only, on Monday, May 11.

Day-use restrooms and vault toilets will open at DNR properties by May 15. Until then, guests should come prepared for restroom use to be

restricted.

Nature Centers and historic facilities in state parks properties will open the week of May 11; however, hours may be reduced, and social distancing may limit the number of guests allowed in the respective facility at one time.

Marinas will open the week of May 11, with limited operations.

The Fort Golf Course is open, and the golf pro shop at Fort Harrison State Park reopens the week of May 11,

with self-service cart rental available with a limit of one person per cart.

A complete status list for facilities and services at DNR properties is at on.IN.gov/dnrcovid19.

Guests at DNR properties should remember the following when visiting: Practice social distancing at all times, particularly, as you hike, picnic or use boat ramps. Keep a minimum of 6 feet from other individuals you encounter, for your safety

and theirs.

Keep your group size small – fewer than 25 individuals is ideal.

Bring your own drinking water and hand sanitizer.

If you picnic, bring and use a covering for your picnic table and take it with you when you leave.

If a parking lot is full, move to another location.

If you feel sick or are running a temperature, plan a visit for a different day for the safety of other guests.

Juncker admitted to Regent University School of Law Alyssa Juncker, a senior at Bob Jones University pursuing a Bachelors of Music degree, was accepted into the Professional degree program in Juris Doctor at Regent University School of Law in Virginia Beach, Virginia. Juncker is a resident of Mount Vernon.

Located in Greenville, South Carolina, Bob Jones University provides an outstanding regionally accredited Christian liberal arts education purposely designed to inspire a lifelong pursuit of learning, loving and leading.

BJU offers over 100 undergraduate and graduate programs in religion, ed-

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‘Kinnaird’ continued from Page A1 this school year.

• accepted the intent to retire from Keith Kinnaird as a German teacher at the high school, effective the end of the 201920 school year. Kinnaird has 37 years of service. The posting for his vacant position will be open to many languages, including German, Mandarin and other possibilities.

• Depending on who is hired to replace Kinnaird, other language texts may need to be ordered for next year. Otherwise, all four levels of German and Spanish were approved to continue to use current textbooks for 2020-2026.

• The board also adopted textbooks for English/Language Arts as recommended by teachers and administrators for 20202026. Elementary students will continue to use DOC’s “Being a Writer” series for grades K-five. Grades six, seven, and eight will use $13 student workbooks and a one-year use curriculum instruction license for “Ready Assessment and Personalized Instruction” from Curriculum Associates Publishing Company for up to 500 students for $17,490. High English and Journalism classes adopted traditional texts, at varying rates, depending on the subject and level.

• designated the 2020-21 school year total student capacity, including resident and non-resident student transfers, to be 240 students per grade level. January 22, 2021 was set as the date by which requests to transfer into the school corporation must be received. This is a regular routine action required by the state and the maximum number has stayed stable through the years.

• adopted a resolution authorizing the use of the 2020 Emer-

gency Operations Fund allocation to replace the water heater, tank and pump at Hedges Central, not to exceed $15,000. “We recently found a leak in the hot water storage tank and looked at replacing it or welding the existing structure installed in 1986.

We decided to install a high efficiency condensing water heater to take the place of all three of the items removed,” David Frye wrote in explanation. The Director of Buildings and Grounds said Haase Mechanical will set up everything and connect all the lines and flue to get it all operational.

• Evans distributed a budget timeline for the next school year. He is busy gathering information and crunching numbers now, and will give his first Powerpoint presentation to the board on July 20 on the Education and Rainy Day Fund budgets. After a series of board discussions, public hearings, and advertisements, the final budget is slated to be adopted on October 5.

• The board discussed proposed revisions to Policies 301.01, 301.05, 308, 613, and 804 to comply with changes to the Indiana Code, and revise lists of approved groups for advertising purposes. Policy 304.05 covering Immunizations will be updated to add varicella, hepatitis A and B, and meningitis to the required immunization list. Revisions to the Rights and Responsibilities handbook were discussed. All of these items will be placed on a future agenda for possible action after board review.

• The next meeting will be on Monday, May 18 at 5:45 p.m. in the high school cafeteria.

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THE POSEY COUNTY NEWS - PAGE A7

MAY 12, 2020

Annual Fourth of July fireworks still planned, date is question Evansville Mayor Lloyd Winnecke tomorrow as they have meetings together concerning their parks and other topics. “I’ll put this out there and see what they are going to do, and then stay in touch with the Lions Club. It seems like June 27 is not an option at this point. If possible, Labor Day weekend could work, but let’s see what the other cities are doing.” Board members agreed with the plan.

Police Chief Tony Alldredge announced that Officer Brandon Brauser has resigned to transfer to the Evansville Police Department.

The Chief and his team completed the hiring process and testing for new officers several months ago and have five applicants selected for interviews for Brauser’s replacement.

Board members tentatively agreed on time and place for conducting the interviews. They set May 24 at 3 p.m. in the Public Safety Building meeting room, since it is large enough for them to spread out for social distancing. Curtis stated these interviews are closed to the public, so more people that six or seven won’t be an issue. Alldredge concluded his report by stating there were 173 calls, since the last meeting.

Hoehn brought up concerns about public safety, as there was an incident last evening concerning an at-large person in the area who was the object of an hours-long police search by members of several law enforcement agencies. “The information that came in from Channel 14 indicated the person was armed and dan-

gerous. I noticed a police presence at Juncker Outdoor Power, in sight of both schools nearby, even though they are vacant now, but we never received any notice of this going on,” he commented. “There needs to be a method of contacting businesses and residents in the area.”

He said he talked with Posey County Sheriff Tom Latham earlier that morning and he will be reviewing their handling of the situation. He believes Alldredge has expressed an interest in putting together a protocol, too, for situations like this, such as a Code Red alert. He asked that Alldredge work with Latham to see about implementing a protocol for the city. “Find out what we did right, what we did wrong and how we can improve,” he added. “Put it on your timetable, Chief.” Alldredge agreed and the Mayor said the request “sounded reasonable.”

In other board business: • Fire Chief Wes Dixon reported he emailed the requested information on the cost of upgrading all of the storm sirens in the city to board members. Work has started on the repairs of the other two nonworking sirens, and the siren located at Hedges Central. He concluded his report by stating, since the last meeting, there were 51 calls, 48 of which were medical runs.

• Utilities Superintendent Chuck Gray announced his department has flushed 9,271 feet of main since the last meeting and assisted the water department on two big water leaks.

• Street Commissioner Max Dieterle asked the board to declare the old city river dock scrap with no value, so he can get rid of it and remove it from the limb yard. The board voted to declare the river dock as salvage with no value and that Dieterle dispose of it at his discretion.

• Dieterle stated street paving is about 99 percent complete, though part of Riviera will need to be redone next week, as it had a “bad load.” He concluded his report by stating, since the last meeting, they hauled 96 tons of trash to the landfill, brought in $400 in special pickups and $2,280 in sale of millings from the limb yard. Board member David Dodd asked the dates of the upcoming Clean Up Week and Dieterle replied May 11 through 15. The commissioner reminded patrons needing a pickup to call the office and make a request. They will take them in the order received.

• Curtis announced the water project at Eighth and Wolflin will start May 11. The contractor will be staging his equipment at the Senior Citizen Center, which could lead to additional parking there when they are finished.

• Hoehn observed that gas prices are changing and wondered if the city was in a position to go back and review the contracts and renegotiate prices. Curtis stated the contract is adjustable. Dieterle stated he spoke with Heritage Petroleum yesterday and the city’s prices are adjusted weekly.

New him or her. Strong budgeting and financial experience are preferred. However, the new SuperinHarmony tendents will have multiple training resources in budget making made available to them within the Town Marfirst two years of service to the district. shal Aaron School Board Members will be posing questions to candidates regarding the size and type of Straub is district in which they have educational experience, why they are interested in this district, their vision for the North Posey district, any special talents and skills, and their thoughts with regard to all smiles as everything curriculum.

School Board Members will be giving consideration as to whether or not a candidate currently was quiet in holds a Superintendent’s License and whether he or she has obtained a master’s or doctorate degree. the quaint In order to prevent any possible conflicts, Dr. Todd Camp elected not to attend the phone confertown on a ence, and only school board members will be conducting the interviews. recent weekThe school district will also be posting a survey on its website, soliciting input from area famiend. Photo lies, businesses, teachers and others in the area. The survey will permit users to rank areas of interby Dave est and/or concern regarding the school district, and should be uploaded within the next couple of Pearce weeks. In order to prevent the entry of false information, only one survey per computer will be accepted online.

The next Board meeting will be held Monday, May 11, 2020, 6:30 p.m., at South Terrace Elementary, using social distancing guidelines. The public may watch the meeting on the district’s YouTube channel.

Arts in Harmony, New Harmony’s spring Easter Seals theft,’ continued from Page A1 celebration of art and music, has been scratched legs” to facilitate loading and unloading. For- tigating. Easterseals hopes tri-state residents this year, making it one more victim of the Cotunately there was no cargo on board the truck, will be on the lookout, too, and report any in- rona virus.

“As much as we would like to provide a which was locked at the time of the crime. formation to the Sheriff at 812-838-1320, or to festival for the economic support of the town, The Posey County Sheriff’s Office is inves- their local law enforcement agency. there are just too many obstacles and unknown factors during this time,” said Lynn Clark, festival director.

The festival, slated for June 13 and 14, has been an annual spring event for the past decade. Arts in Harmony will not be rescheduled this year.

Clark said that moving Arts in Harmony to a future date was discussed among festival committee members during a May 4 conference call, but uncertainties about the virus forced them to nix the idea.

“If we have a resurgence of Covid19, we would have to cancel again,” she said.

Clark pointed out that Gov. Eric Holcomb’s plan to reboot the state economy stipulates that fairs and festivals cannot be held until mid-July, and gatherings of 250 people or more are forbidden until Arts in Harmony weekend. Given these restrictions, the town cannot approve Arts in Harmony’s street plan, she said.

This year’s festival would have bundled Arts A box truck, sinmilar to this one, was styolen recently from an Easter Seals site in the in Harmony with the town’s annual Main Street Mount Vernon area. Photo submitted

Antique Fair and a new event featuring street musicians busking on sidewalks and street corners. For the time being, all of that is on hold.

Jeff Smotherman, who along with wife Cindy has been the major mover/shaker of the antique fair for the past sixteen years, said it was unfortunate that the fair would not happen this spring.

“I’m disappointed, and our vendors are disappointed. A lot of them depend on events like ours to make a living. We were all hoping our event would be one of the first to open up this season,” said Smotherman, who also heads the New Harmony Business Associates.

Unfortunately, Gov. Holcomb’s timetable proved to be an nsurmountable obstacles.

“The antique fair always draws more than 250 people,” Smotherman pointed out. “If we held it, we would not be in compliance with the governor’s timetable.”

The fact that the Ribeyre Gym is closed also factored into the decision to cancel. Vendors display and sell their wares in the gym as well as on Main Street.

“It was decided that we would take a break,” Clark said. “Hopefully we can reconvene in September. We can then have time to organize a wonderful, creative festival with fabulous artists.”

By Lois Mittino Gray It may seem like Fourth of July and more freedom to get out is a long way off, but the Mount Vernon Lions Club is ready to plan its annual holiday fireworks show. Mayor Bill Curtis told the Mount Vernon Board of Works and Public Safety at its May 7, Zoom meeting that the club requested permission for the fireworks to be held on June 27. The organization does not want to compete with the Evansville fireworks, held closer to the traditional date of July 4.

Curtis pointed out there is still a number count on attendees until July 4 for public gatherings, as well as social distancing requirements, and June 27 may be too soon to have them. He mentioned that the Lions Club is aware of this and may even decide to wait until Labor Day to sponsor the show, though social distancing will more than likely still be in place.

Board member Andy Hoehn noted that it may be too early to say what will happen in June and July. “I don’t like being first before Evansville. Let’s talk to them and see what they are actually planning to do. I think it’s a smart move to go to a later date.”

Curtis agreed and added that Lions President Kenny Rudibaugh is very flexible on the date in discussions. They do understand if it can’t even be done at all this year.

The Mayor said he will be talking with

‘Hunt undeerway,’ continued from Page A1

Arts in Harmony falls victim to COVID

‘Posey County reopens this week,’ continued from Page A1 declined sneeze guards, due to inefficiency with the office structures.

Schmitz anticipates the cost to be roughly $2,000. Posey County Council President Heather Allyn assured the Commissioners that council will be able to find the funds to support the purchase. Jay Price made a motion to move forward on this purchase; Thornburg seconded and the motion carried with a vote of 3-0.

People having business to conduct with a county government office, like real estate agents at the Recorder’s Office, are asked to do so by appointment only until everything opens later on in the month.

The Posey County Recycle Center requested permission to reopen on their normal schedule with several guidelines in place. This includes allowing one drop off at a time, no children, and broken-down cardboard. A motion to reopen the center this week carried unanimously. “A lot of people have garages full of recyclables and kids have been busy picking up cans and bottles to clean up streets for something to do,” Schmitz commented.

Martye Fitts, County Health Nurse, stated that Posey County currently has 14 total cases of COVID-19; six of those are active, and no deaths are listed for the county. The numbers are expected to go up as more testing is now available. “We’re opening up the county, as it is safer now, and we have rooms in the hospital to put people,” Schmitz noted.

Schmitz said he has been in contact through two phone calls with Les Wright, President of Midwest Fertilizer. Wright assured Schmitz that plans are still moving forward on the project to build the multimillion dollar plant in Mount Vernon. “He is now applying for COVID-19 stimulus money. He is presently in a hotel in Indianapolis and needs to get to Italy and Germany to sign contracts. He’s Canadian, and needs to make sure he can get back in easily,” Schmitz said. Thornburg asked if the original June timeline is still in place for this project. Schmitz replied

that he offered no new timeline, but Wright stressed he “wants to continue his good relationship with us.”

In other Commissioner concerns: • The commissioners approved a contract renewal with Quality Correctional Care, the current vendor the Posey County Jail uses for medical care at the facility. It is a two-year contract to end on December 31, 2021 at a cost of $151,100 annually.

• Thornburg gave the following report from the Regional Workforce Development Board: 30.3 million people nationwide are unemployed, with state unemployment claims at 168,161 by the end of March. The top five sectors in our region that have been affected by the virus are Construction , Manufacturing, Administration Waste Management, Retail and Mining. The top five frequently listed jobs for our region are Farm Work, Heavy Equipment Operator, Post-Secondary Teaching, Maids/ Housekeeping and Taxi Drivers. He concluded by stating that three million Americans are in arrears on their mortgage payments by at least a month. “We need to get people back to work and involved again. It’s past being about health,” he remarked.

• Schmitz stated the Commissioners received the following quotes to update the HVAC computer units at the Courthouse and Coliseum: AOS: $1,923.86 and Skanska: $1268. The low

Skansa bid was unanimously accepted.

• Posey County Auditor, Maegen Greenwell, asked all department heads to get their Form 1’s submitted as soon as possible.

• Thornburg reported the Harbor Town sewer system is online and up and running. Posey County Sewer District representative, Aaron Wilson, stated they held their first public hearing regarding the Wadesville/ Blairsville project last Thursday.

The next public meeting is coming up in the next few months and will be advertised. “Keep your eyes out for that,” he urged.

• Allyn, announced Council will meet at their regularly scheduled May meeting.

• Sara Newton, a Posey County resident, asked the Commissioners what the plans were for nail and hair salons moving forward. Thornburg stated the website, www.backontrack.in.gov lays out the rules and regulations for that industry. Right now, it’s by appointment only.

• In closing, Schmitz publicly thanked the Mount Vernon Relay for Life Committee for planning a remembrance celebration this weekend. He also thanked the Mount Vernon Garden Club for their hard work in keeping the gardens around the county buildings looking great.

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PAGE A2 - THE POSEY COUNTY NEWS

MAY 12, 2020

Rain Date: May 16, 2020 • 2 p.m.

Join us as Mt. Vernon Nursing and Rehabilitation residents enjoy their first Drive-By Parade!

Make signs, decorate your car, and brighten their day! ** All family members and friends participating MUST stay in their vehicles

On Sunday afternoon, Mount Vernon resident Brad Thornton loads a grill in his truck to take home for his Mother’s Day gift this year. Photo by Dave Pearce

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SINCE 1882 Successor to The Poseyville News & New Harmony Times POSEY COUNTY’S ONLY LOCALLY OWNED AND OPERATED NEWSPAPER

Tuesday, May 12, 2020

Volume 140 Edition 19

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Sports history for the week of May 12-18 - Compiled by Chris Morlan There is light at the end of the COVID-19 pandemic. Our leaders are gradually allowing us to take steps forward to some normalcy. Or you could say a “New Normal” that most likely will take place. If we continue social distancing and use proper hygiene requirements.

We may see some ball games sometime in June and the possibility of being back to full swing on July 1. It is up to each one of us to do our part.

Below are events that took place in the history of sports during the week of May 12-18.

Some of you may remember these games or stories from the past that could bring back joyful memories. Some of you may have never heard of these milestones in the history of sports. Either way, there are some interesting facts that have taken place over time and reading something you never knew or heard about makes it even more interesting.

May 12-(1875), this was the first recorded shutout in pro baseball, Chicago Cubs 1, St. Louis Cardinals 0. (1910) Philadelphia Athletic pitcher Chief Bender no-hits the Cleveland Indians by the score of 4-0. (1966) St. Louis’ Busch Stadium opens. Braves lose to the Cards 4-3 in 12 innings. (1970) Chicago Cub great Ernie Banks hits his 500th home run.

(1972) the Milwaukee Brewers beat the Minnesota Twins 4-3 in 22 innings. (1973) during the sixth ABA Championship, the Indiana Pacers beat the Kentucky Colonels four games to three. (1974) the 28th NBA Championship, the Boston Celtics beat the Milwaukee Bucks in seven games. (1979) Chris Evert’s 125-match winning streak on a tennis court comes to an end. (1990) the Edmonton Oilers beat the Chicago Blackhawks four games to two in the Clarence Campbell Conference Final. (1996) the New York Yankees were losing 8-0 to the Chicago White Sox and come back to win 9-8.

(2013) Tiger Woods wins his second Players Championship, TPC at Sawgrass. Woods was two strokes ahead of David Lingmerth, Jeff Maggert and Kevin Streelman.

May 13-(1952), Bristol pitcher Ron Necciai in the minor-league struck out 27 batters in nine innings. (1953) New York Giants Willie Mays and Darryl Spencer each hit two home runs and a triple. (1955) Mickey Mantle hits three consecutive home runs of at least 463 feet. (1958) St. Louis Cardinal great Stan Musial becomes the eighth player in MLB history to get 3,000 hits. (1960) the Philadelphia Phillies lose their third consecutive 1-0 game. (1980) Cincinnati Red Ray Knight hits two home runs in the fifth inning against the New York Mets. (1982) the Chicago Cubs win their 8,000th game by beating the Houston Astros. (1983) Reggie Jackson is the first major leaguer to strike out 2,000 times. (1989) Minnesota Twin Kirby Puckett becomes the 35th player to hit four doubles in a game. (1989) Trinidad & Tobago ties the United States 1-1 in the third round of the 1990 World Soccer Cup. (2012) Manchester City wins the Premier League for the first time.

May 14-(1913), Washington Senator Walter Johnson ends record scoreless streak at 56 innings. (1967) Mickey Mantle hits his 500th career home run off Baltimore Orioles Stu Miller. (1972) in Willie Mays first game as a New York Met. Mays hits a home run to beat the San Francisco Giants 5-4. (1981) during the NBA Finals, the Boston Celtics beat the Houston Rockets four games to two in Larry Bird’s first NBA title. (1996) New York Yankee Dwight Gooden no-hits the Seattle Mariners for the 2-0 win. (1997) Baseball’s Executive Council suspends New York Yankee owner George Steinbrenner. (2016) Gabriel Medina becomes the first surfer ever to land the move “backflip” in competition.

May 15-(1912), Ty Cobb rushes toward a heckler at a New York Highlander game and got suspended. (1918) Washington Senator Walter Johnson pitches and wins 1-0 in 18 innings. (1919) Brooklyn Dodgers score 10 runs in the 13th inning to beat the Cincinnati Reds 10-0. (1941) Joe DiMaggio starts his 56-game hitting streak even though the Yankees lost 13-1. (1948) during the 73rd Preakness, Eddie Acaro wins aboard Citation for the second leg of a successful Triple Crown. (1953) In his first world heavyweight title defense, Rocky Marciano knocks out former champion Jersey Joe Walcott in the first round at Chicago Stadium.

(1973) California Angel Nolan Ryan threw his first no-hitter to beat the Kansas City Royals 3-0. (1991) the Boston Red Sox and Chicago White Sox play then the slowest nine inning game that lasted four hours, eleven minutes.

(2004) at the 129th Preakness, Stewart Elliott aboard Smarty Jones wins in 1:55.59 May 16-(1869) the Cincinnati Reds played their first ever baseball game and won 41-7.

(1927) New York Yankee Bob Meusel steals second, third and home in one at bat. (1953) Philadelphia Phillies pitcher Curt Simmons gives up a single, then retires the next 27 batters in a row. (1954) Ted Williams gets eight hits in first game as a designated hitter since breaking his collarbone. (1975) Muhammad Ali knocks out Ron Lyle in 11 rounds for the heavyweight boxing title. (1980) the NBA Finals, Los Angeles Lakers beat the Philadelphia 76ers four games to two. This was Magic Johnson’s first NBA title and he played center in the final’s series. (1984) Phillie pitcher Steve Carlton hit a grand slam homer. (1985) Michael Jordan was named NBA Rookie of the Year. (1996) Sammy Sosa is the first Chicago Cub to ever hit two home runs in the first inning. (2015) the 140th Preakness, Victor Espinoza aboard

American Pharoah wins in 1:58.46. (2019) Brooks Koepka fires tournament record equaling and course record 63 (-7) to lead the PGA Championship by one stroke after the first round at Bethpage Black, New York.

May 17-(1875) the first Kentucky Derby, Oliver Lewis aboard Aristides wins with a time of 2:37.75. (1927) the Chicago Cubs beat the Boston Braves 4-3 in 22 innings. (1939) first televised baseball game is broadcasted on NBC, with Princeton defeating Columbia 2-1. (1959) Sam Snead sets PGA record for 36 holes at 122. (1964) the first Tim Horton’s coffee and donut shop opens in Hamilton, Ontario

by NHL player Tim Horton. (1970) Hank Aaron became the ninth player in baseball to get 3,000 hits. (1981) New York Islanders score five power play goals against the Philadelphia Flyers in a playoff. (1998) New York Yankee pitcher David Wells tosses a perfect game in a 4-0 win against the Minnesota Twins.

May 18-(1912) A’s beat the Tigers 24-2.

The Tigers use amateurs protesting Ty Cobbs suspension. (1929) Dodgers beat Phillies 2016 and lost 8-6 in second game (record 50 runs). (1956) Mickey Mantle hits a home run from both sides of the plate for a record third time. (1968) Al Kaline hits his 307th home run, surpassing Hank Greenberg as a Tiger.

(1990) Chicago Cub great Ryne Sandberg ends second baseman record 123 errorless game streak. (1990) Edmonton right wing Jari Kurri sets NHL record for scoring in a Stanley Cup Finals game with three goals and two assists in a 7-2 win at the Boston Garden. (2002) at the 127th Preakness, Victor Espinoza aboard War Emblem win in a time of 1:56.36. (2008) during the NHL Eastern Conference Final, the Pittsburgh Penguins beat the Philadelphia Flyers four games to one to advance to the Stanley Cup.

Chris Morlan Compilation--Posey County recap for May 12, 2020 Vikings beat Braves to become outright PAC Champions The North Posey baseball team was tied with Heritage Hills for first place in the Pocket Athletic Conference. On Tuesday, May 14, 2019, North Posey traveled to Tecumseh, while Heritage Hills played at home against South Spencer. North Posey beat Tecumseh 5-1 and Heritage Hills lost to South Spencer 4-2.

The Heritage Hills loss awarded the Vikings as the 2019 Pocket Athletic Conference Champions.

North Posey 5, Tecumseh 1: Viking pitcher Shane Harris started this game on the mound and had a great game. Harris pitched six innings, gave up four hits, one run, three walks, while striking out nine batters. This game was tied at 1-1 after the first inning. North Posey scored three runs to retake the lead at 4-1 during the top of the fourth inning. The Vikings also scored their final run of the game in the top of the fifth inning to seal the deal.

Hunter Alkire pitched the final inning for the Vikings. Alkire only allowed one hit and one walk with one strikeout.

For the game, North Posey had eleven hits on twenty-nine at bats and left eight runners on base. Tecumseh was limited to five hits on one run and left seven on base. Reid Smith was explosive at the plate. Smith went three for three hitting with a homerun, a run batted in, two runs scored and a walk. Kyle LaVanchy went two for four hitting with a run batted in and two stolen bases.

Camden Bender went one for four hitting with a run scored.

Chase Christie went one for three at the plate with a run batted in. Jarrett Motz had one hit with three at bats along with a walk.

Gaige Kihn went one for three hitting with a run scored. Logan Wunderlich went one for three at the plate with a run scored.

Dalton Cox had one hit with three at bats. Cox also had two runs batted in in this conference matchup while Shane Harris walked once.

Mount Vernon baseball team wins Wildcat Invite The Mount Vernon Wildcats hosted the Wildcat Invite on Saturday, May 18, 2019. Mount Vernon played the Mater Dei Wildcats in their first game of the day. Mater Dei started off the game scoring two runs in the top of the first inning and another run in the fourth inning. In the bottom of the fifth inning, Mount Vernon got the bats going and scored nine runs to take the lead at 9-5. At the bottom of the sixth inning, Mount Vernon scored another five runs to put this game out of reach for Mater Dei for a 14-7 win. Hunter Phillips was the winning pitcher. Phillips threw three innings, surrendered two hits, one run, one walk with a strikeout. Braden Henning started the game mound and pitched four innings, gave up six hits, six runs, one walk and struck out two hitters.

Blake Ritzert led the Wildcats with three hits and drove in two runs. Kayden Hamilton went two for two hitting with an RBI and two walks. Bronson Quinzer went two for four with two runs scored. DJ Brakie went two for four with three RBIs and a run scored. Hunter Wiltshire went two for four with four RBIs and two runs scored. Luke Harris went two for four with a double, two RBIs and two runs scored. Mitchell Wilson went one for three with a double, an RBI and two runs scored. Braden Henning went one for three with two runs scored and a walk.

In the championship game of the Wildcat Invite, Mount Vernon faced the Gibson Southern Titans. This game was tied at 3-3 at the end of the fourth inning. When Mount Vernon went to the plate in the bottom of the seventh inning. The Wildcats scored a run to win 4-3 and the 2019 Wildcat Invite Champions. Hunter Wiltshire was awarded the winning pitcher in the game. Wiltshire pitched seven innings giving up six hits, three runs and struck out three for the game on 83 pitches.

Bronson Quinzer led the Wildcats hitters. Quinzer went three for four with a double and an RBI. Hunter Wiltshire went two for three hitting and scored a run. Braden Henning went one for three with an RBI and a walk. Blake Ritzert went one for three with an RBI. Tyler Walls went one for two and scored a run. Hayden Huss got a hit, Kayden Hamilton scored a run and walked, while Breckan Austin scored a run.

Lady Wildcats softball are back-to-back Big Eight champions The Mount Vernon Lady Wildcat softball team played two games last week against the Vincennes Lincoln Lady Alices and the Evansville Reitz Lady Panthers. On Tuesday, May 14, 2019, the Lady Wildcats traveled to Vincennes for a conference game.

A win will give Mount Vernon their second straight Big Eight Championship. Mount Vernon took care of business and beat Vincennes Lincoln 5-0. Brooklyn Gibbs threw a no-hitter with 18 strikeouts. This was Gibbs third no-hitter for the season. During the top of the first inning, Gabi Gilpin hit a double and drove in two runs to give the Lady Wildcats an early 2-0 lead. Gilpin finished the game with three RBIs. Addie Robinson led Mount Vernon in hitting by going two for four at the plate.

Wildcat unified team wins Jasper Sectional title

On Saturday, May 18, 2019, the Mount Vernon unified track team won the Jasper Sectional. As a team, the Wildcats scored 115 points. On top of winning the sectional, Mount Vernon beat the second-best team in the state which was the Jasper Wildcats. Jasper finished second with 105 points. Boonville placed third with 101 points, Southridge in fourth place with 95 points, Evansville North and Vincennes Lincoln tied for fifth place with 92 points, Evansville Harrison in seventh place with 89 points, Castle in eighth place with 64 points and Evansville Bosse finished ninth with 45 points.

In the girls 4 x 100-meter relay, the Lady Wildcats placed second with the team of Hannah Lang, Kylee Ricketts, Amber Allyn, Joni Anderson, Grace Biggerstaff and Lauren Carr.

The boys 4 x 100-meter relay team of Jadyn Ricketts, Joshua Kempf, Donaven Krack, Everett Ohning, Braiden Royal and Bryson Henn finished third in the race.

The following Wildcat athletes finished in the top ten of their race or field event. In the mixed 100-meter dash, Everett Ohning placed sixth. The 400-meter dash, Nate Morgan placed fifth and Braiden Royal finished eighth. In the mixed long jump, Nate Morgan placed first and Donaven Krack finished ninth. Bryson Henn finished seventh in the shot put.

Four Lady Vikings and two Lady Wildcats advance to track regional The Indiana High School Athletic Association girls track sectional took place on Tuesday, May 14, 2019 evening at Mount Vernon High School. This is one of the toughest track sectionals in the state.

Evansville Memorial won the overall team scores with 163.5 points. Evansville Mater Dei finished second with 98 points, Evansville North came in third with 71 points, Evansville Bosse finished fourth with 60 points, Castle in fifth place with 55 points, Boonville placed sixth with 40 points, Mount Vernon came in seventh place with 35 points, Evansville Reitz finished eighth with 34.5 points, Evansville Central with 24 points, North Posey finished tenth with 23 points, Evansville Day in eleventh with 14 points and Evansville Harrison in twelfth with six points.

The top three places in each individual event and relays advanced to this weeks’ Evansville Central Regional. Also, in the four sectionals that are competing at Evansville Central Regional. The top three finishers plus, the three participant standard advancers in any event is less than sixteen. The next best performances from the corresponding sectionals will be added to bring the total number of entrants to sixteen in each event for this weeks’ regional.

Advancing to Tuesday’s Central Regional are Mount Vernon’s Emma Weilbrenner and Demi Collins along with North Posey’s Madison Cates, Taylor Freeman, Kennedy Devine and Elise O’Risky. Mount Vernon’s Emma Weilbrenner finished second in the discus with a throw of ninety-six feet, nine inches.

Weilbrenner also placed third in the shot put with a throw of thirty-four feet, seven inches. Madison Cates (North Posey) placed fifth in the 100-meter hurdles with a time of 17.30 seconds. Taylor Freeman (North Posey) placed fourth in the 300-meter hurdles with a time of 50.98 seconds. Demi Collins (Mount Vernon) finished fifth in the pole vault at the height of eight feet. The North Posey 4 x 100-meter relay team of Madison Cates, Taylor Freeman, Kennedy Devine and Elise O’Risky placed sixth with a time of 53.38 seconds.

Other Posey County track athletes that placed at the Mount Vernon Sectional were the North Posey 4 x 800-meter relay team of Brooke Coleman, Audrey Hirsch, Taylor Freeman and Lauren Zirkelbach finished fifth with a time of 11:09.70.

Mount Vernon’s 4 x 800-meter relay team of Elizabeth Cox, Taylor Collins, Clara Hawley and Emma Thompson placed eighth with a time of 12:03.42. In the 200-meter dash, Libby Steinhart (Mount Vernon) finished sixth with a time of 27.87 seconds. Steinhart also placed fourth in the 400-meter dash in a time of 1:03.72. Brooke Coleman (North Posey) finished eighth in the 1600-meter run with a time of 5:57.14. Lauren Zirkelbach (North Posey) finished sixth in the 400-meter dash in a time of 1:07.56. Mount Vernon’s 4 x 100-meter relay team of Ellie Bush, Savannah Weatherford, Katie Carner and Courtney Bourne finished eighth with a time of 53.53 seconds. Emma Thompson (Mount Vernon) finished fifth in the 800-meter run in a time of 2:32.57. Taylor Collins (Mount Vernon) finished eighth in the 3200-meter run in a time of 13:42.14. The Mount Vernon 4 x 400-meter relay team of Courtney Bourne, Katie Carner, Demi Collins and Libby Steinhart finished seventh with a time of 4:50.87. North Posey’s 4 x 400-meter relay team of Brooke Coleman, Audrey Hirsch, Emma Goebel and Lauren Zirkelbach finished eighth with a time of 4:54.92. Taylor Freeman (North Posey) finished eighth in the long jump with a leap

of fifteen feet, five inches. Lyndsey Gentil (North Posey) tied for seventh place in the high jump at the height of four feet, ten inches.

Lady Wildcats beat Lady Vikings in sectional opener Wednesday, May 15, 2019, the Indiana High School Athletic Association girls’ tennis tournament played their opening round games. The Mount Vernon Lady Wildcats hosted the sectional.

North Posey and Mount Vernon played against each other in the opening round of this postseason. This was a close match and Mount Vernon pulled away in the final match to win 3-2. Mount Vernon advanced to the sectional semifinal to play against Evansville Reitz on Thursday, May 16, 2019 and lost 3-2 to end their season.

Mount Vernon 3, North Posey 2: During the One Singles match, Nina Tewort from North Posey defeated Mount Vernon’s Morgan Woods in three sets by the scores of 5-7, 6-2 and 7-5.

Bryley Harms from Mount Vernon beat North Posey’s Sydni Flowers in two sets of the Two Singles match. Harms won both of her matches by the scores 6-1 and 6-1. In the Three Singles match, Mallory Motz from North Posey won her match in two sets against Lauren Boeke from Mount Vernon. Motz won the first set 6-4 and the second set was tied at 6-6, but Motz pulled away and won the match 9-7.

In the One Doubles match, Mount Vernon’s Cora Epley and Maggie Collins defeated Lauren Koester and Rachel Newman from North Posey in two sets 6-3 and 6-1. Janell Schirtzinger and Leah Bilskie from Mount Vernon beat North Posey’s Macee Long and Brooklen Gries in the Two Doubles match. Schirtzinger and Bilskie won their matches by the scores of 6-1 and 6-1.

County boys track teams face tough competition at the Central Sectional The Mount Vernon and North Posey boys track teams competed at the Evansville Sectional on Thursday, May 16, 2019.

This was a tough track meet for both Posey County schools. The Evansville schools dominated the meet and finished with the top six team scores.

Evansville North barely beat Evansville Central for the top spot in the team point totals. Evansville North finished first with 102 points and Evansville Central came in second place with 101 points. This was Evansville North’s first boys track sectional title since 1980.

Evansville Mater Dei finished third with 78 points, followed

by Evansville Bosse in fourth place with 67 points, Castle came in fifth place with 64 points, Evansville Memorial placed sixth with 56 points, Boonville finished seventh with 46 points, Evansville Reitz came in eighth place with 44 points, Evansville Harrison placed ninth with 34 points, Mount Vernon finished tenth with 28 points, Evansville Signature in eleventh place with three points and North Posey in twelfth place with one point.

The top three places in each individual event and relays advanced to the Evansville Central Regional. Also, in the four sectionals that are competing at Evansville Central regional. The top three finishers plus, the three participant standard advancers in any event is less than sixteen. The next best performances from the corresponding sectionals will be added to bring the total number of entrants to sixteen in each event for this weeks’ regional. This rule went in favor of Mount Vernon.

Mount Vernon’s River Snodgrass was the only athlete from the Posey County schools to automatically qualify in the top three in any event. Snodgrass finished third in the 1600-meter run with a time of 4:46.74. Also advancing to Thursday’s track regional under the three-participant standard rule is Mount Vernon’s Sam Thomas in the 100-meter dash and long jump. The Mount Vernon 4 x100-meter relay team of Ben Varner, Sam Thomas, Nicholas Browning and Drake Ricketts. The Wildcats also advanced their 4 x 400-meter relay team of River Snodgrass, Zach Batteiger, Theron Browning and Danner Latshaw to the regional.

Placing at the Evansville Central Sectional were Sam Thomas finishing fourth in the 100-meter dash with a time of 11.84 seconds. Thomas also placed sixth in the long jump with a leap of twenty feet, four and one-half inches and he finished sixth in the 200-meter dash with a time of 24.79 seconds. Mount Vernon’s 4 x 100-meter relay team of Ben Varner, Sam Thomas, Nicholas Browning and Drake Ricketts placed seventh with a time of 46.00 seconds.

The Wildcat 4 x 400-meter relay team of River Snodgrass, Zach Betteiger, Theron Browning and Danner Latshaw finished fifth with a time of 3:34.73. River Snodgrass (Mount Vernon) placed sixth in the 800-meter run with a time of 2:08.15. Austin Danhauer (North Posey) placed eighth in the high jump at the height of five feet, ten inches. Mount Vernon’s 4 x 800-meter relay team of Wyatt Salaman, Tommy Kelley, Abram Adams and Braden Dike finished seventh with a time of 9:32.47.

PAGE B2 - THE POSEY COUNTY NEWS

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MAY 12, 2020

MAY 12, 2020

THE POSEY COUNTY NEWS - PAGE B3

Legal Advertising 2020-75 POSEY COUNTY, INDIANA BOARD OF COMMISSIONERS ORDINANCE NO. -2020-3-06-01 UNINCORPORATED POSEY COUNTY, INDIANA AN ORDINANCE APPROVING AMENDMENTS PROPOSED BY THE POSEY COUNTY AREA PLAN COMMISSION CONCERNING CHAPTER 153-ZONING CODE, ADDING SECTIONS 153.120 -153.135 RENEWABLE ENERGY GENERATION SYSTEMS: SOLAR AND WIND: TIER 1, 2, AND 3 PROJECTS TO THE ZONING ORDINANCE OF THE CITY OF MT VERNON, THE TOWN OF CYNTHIANA, THE TOWN OF POSEYVILLE AND UNINCORPORATED POSEY COUNTY Be it ordained by the Posey County Commissioners, Posey County, Indiana that The Zoning Ordinance of the City of Mount Vernon, the Town of Cynthiana, the Town of Poseyville and Unincorporated Posey County be amended with the addition of Section 153.120 to the Zoning Ordinance as follows: Renewable Energy Generation Systems Solar and Wind: Tier 1, 2, and 3 projects PREAMBLE WHEREAS, the generation of electricity from wind and solar resources must by practicality be located where sufficient wind and solar resources exist; WHEREAS, wind and solar energy projects may be undertaken in differing sizes ranging from large scale projects intending to deliver wholesale electricity to the grid (commercial), to smaller installations on one or more contiguous parcels and intended to· deliver electricity for use on site (non-commercial), to installations on a single parcel designed to generate supplemental electricity, for use or credit, for the parcel on which it is sited (private); WHEREAS, the size of the generation project and intended use of the electricity generated results in differing burdens and/or benefits on the County and thus require differing approval and permitting; WHEREAS, development of wind energy projects and solar energy projects may result in substantial economic investment in the County to the benefit the County and its residents through lease payments, tax payments, and temporary and permanent employment opportunities; WHEREAS, construction of a commercial scale wind energy or solar energy project involves the use of heavy equipment and the transport of heavy loads that have the potential of damaging public and private infrastructure of the County, including roads, bridges, and drainage structures and for disruption public roads; WHEREAS, the failure to complete a commercial wind or solar project after the commencement of construction, the failure to continue In operation, and/or the failure to remove the wind energy or solar energy facility after the end of its useful life create significant risks of damage to the value of the property of adjacent landowners, the environment, and the safety and security of persons in the County; WHEREAS, the adoption of an ordinance regulating the location, construction, and operation of wind and solar projects is necessary and appropriate to achieve and secure the benefits of these projects and to avoid and/or minimize the risks, dangers, and inconvenience to health, safety, and general welfare of the County; WHEREAS, the adoption of the following wind energy and solar energy ordinance is necessary to achieve the goals set forth in the Comprehensive Plan for Posey County; NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of Posey County that the following standards are required for the approval and permitting of a solar and wind energy projects in Posey County, Indiana.

153.120 SOLAR ENERGY PROJECTS 153.121.01 APPLICATION OF ORDINANCE 153.121.02 DEFINITIONS 153.122 ENERGY CONVERSION SYSTEM DISTINCTIONS 153.123 DESIGNATION OF USE IN DISTRICTS 153.124.01 APPROVAL PROCESS 153.124.02 PRELIMINARY DEVELOPMENT PLAN APPROVAL 153.124.03 FINAL DEVELOPMENT PLAN APPROVAL 153.125 IMPROVEMENT LOCATION PERMITS AND COMMENCEMENT OF CONSTRUCTION 153.126.01 CONSTRUCTION STANDARDS 153.126.02 DEVELOPMENT STANDARDS 153.126.03 SETBACKS AND HEIGHT RESTRICTIONS 153.127.01 POST-CONSTRUCTION AND CONTINUED MAINTENANCE 153.127.02 POST-CONSTRUCTION MODIFICATIONS 153.128 NO PREEMPTION 153.129 PROPERTY VALUE GUARANTEE FORM 153.121.01 APPLICATION OF ORDINANCE. This Ordinance applies to ground-mounted solar energy conversion systems. This Ordinance does not apply to roof-top or integrated solar installations on buildings or facilities and all such installations remain subject to applicable building and safety codes. Any solar energy system intended to be installed over, in or on water systems, natural or otherwise, are regulated in the same manner as similar ground-mounted systems with any additional applicable review due to the water-based Installation.

A. (SECS-1) Solar Energy Conversion System-Tier 1 B. (SECS-2) Solar Energy Conversion System-Tier 2 C. (SECS-3) Solar Energy Conversion System-Tier 3 153.121.02 DEFINITIONS ACRONYM GUIDE LEDO - local Economic Development Organization SECS - Solar Energy Conversion System AMBIENT BASELINE SOUND PRESSURE LEVEL The L90 A-weighted sound pressure emissions level (the level of sound exceeded 90% of the time) for a project area prior to construction as determined by a baseline acoustics emissions study.

APPLICANT The term “Applicant” when used in connection with or in respect of a project shall mean the person(s) and/or entity(s) which is/are the developer and/or owner of the project which prepares and files the initial application to the applicable approval body, and the term shall include all successors and assigns of the initial Applicant. The term “Applicant” shall not include any person or entity which signs the application solely in the capacity as an Owner of an interest in real property on which a project shall be located. When used in this Ordinance to affix liability or for a binding agreement or obligation, Applicant shall include the Owner or Operator of the project that intends to be legally liable or so bound.

AREA PLAN COMMISSION refers to the Posey County Area Plan Commission.

CO-APPLICANT The term “Co-Applicant” when used in connection with or in respect of a project shall mean a person or entity which executes an application for a project solely because of an ownership interest in real property to be used in connection with the project.

COLLECTOR Any power line that carries electrical power from one or more solar panels or transformers or converters associated with solar panels to the point of interconnection with the electrical power grid, in the case of interconnection with the high voltage transmission systems the point of interconnection shall be the substation serving the project.

COUNTY Posey County, Indiana.

DECOMMISSIONING PLAN The term “Decommissioning Plan” with regards to a project shall have the meaning and include the requirements set forth at Sections 153.124.03 (E) and (H) and 153.127.01.

DECOMMISSIONING SECURITY The term “Decommissioning Security” with regards to a project shall have the meaning and meet the requirements as set forth at Sections 153.124.03 (E) and (H) and 153.127.01.

DISTAL SOLAR PANEL means each solar panel closest to an adjoining Non-Participating property line.

DRAINAGE PLAN The term “Drainage Plan” with regards to a project shall mean the storm water management plan approved by the Soil and Water Conservation District-District Technician for the project as required by Section 153.124.03 (C).

ECONOMIC DEVELOPMENT AGREEMENT An agreement between the Applicant, Owner and/or Operator and the County setting forth the applicant, owner and/or operator’s financial commitment to support economic development and/or provide other financial assistance in the County, or any portion thereof as required by Section 153.124.03 (G).

NON-PARTICIPATING Property or the property-owner of land adjacent to a SECS project that is not participating in the project as a Co·Applicant.

OPERATOR The term “Operator” when used in connection with or in respect of a project means any person or entity which has the primary Involvement with or responsibility for the use, operation, or maintenance of all or a portion a project.

OWNER The term “Owner” when used in connection with or in respect of a project shall mean any person or entity and his, her, or its assigns and successors in interest which has any ownership interest in any or all of the necessary devises to convert solar energy into electricity. The term “Owner” does not include any person or entity whose ownership interest in a SECS is limited to an interest in real property which is used in a SECS. SOLAR ENERGY CONVERSION SYSTEM (SECS) The generating equipment and all ancillary equipment used in the production of electrical energy from solar resources.

TRANSPORTATION PLAN The detailed route plan used for construction and maintenance by a project as required in Section 153.124.03(8).

SAFETY AND SECURITY PLAN The SECS project site safety and security plan as provided by Section 153.124.03(D).

VIEW SHED AREA means the areas of visual impact of a project as set forth in Section 153.124.02(F).

SECS NET SALVAGE VALUE The net value of the all saleable parts and commodities which make up the SECS whether sold as used parts or on a commodity/scrap basis or any combination thereof (whichever is greater) after deducting all estimated costs and expenses of dismantling, removal, and transportation and all costs and expenses of sale (including but not limited to all commissions and fees) and the amount necessary to pay and satisfy all liens, security interests, and other encumbrances attaching to the SECS. The commodity/scrap value shall be based on the prior five (5) years average scrap value of the commodity.

153.122 ENERGY CONVERSION SYSTEM DISTINCTIONS. Only Photovoltaic and Thermal Solar energy conversion systems may be installed in the County. Concentrated Solar Power systems may not be installed in the County.

Acreage is measured from a perimeter fence surrounding the total solar generation facilities including any substations, energy storage or electrical support buildings. Any solar energy generation facilities intended to be operated as an integrated system shall be regulated according to the aggregate total acreage. Any subsequent phase of an approved project shall meet the criteria required of the total acreage of all phases.

Type Acreage Other SECS-1 Greater than 20 acres Electricity sold to utility transmission lines SECS-2 More than 1 acre up to 20 acres on one Electricity used primarily for on-site use or more properties SECS-3 One acre or less and one landowner Electricity exclusively behind the meter generation for single property owner 153.123 DESIGNATION OF USE IN DISTRICTS. Subject to the requirements of this Ordinance, the designated solar energy projects are permitted uses (X) or special exception (E) uses in the following districts. No Improvement Location Permits shall issue to any Applicant without the Area Plan Commission granting preliminary and final approval at public hearings.

District SECS-1 SECS-2 SECS-3 A X X X RS or R-1 E E RT E E R-2 E E RM or R-3 E E RMH E E PUD E E R-0 or 0 E E 8-1 or NC E E 8-lA orCS E E 8-2 or CG E E 8-3 or CH E E C8D M-1 X X X M-2 X X X 153.124.01 APPROVAL PROCESS. A. All Tier 1 and Tier 2 projects subject to this Ordinance shall be considered at two public hearings before the Area Plan Commission and shall comply with all requirements of this Ordinance. The first hearing shall consider granting preliminary approval. The second hearing shall consider granting final approval. Final approval may not be granted sooner than 28 days after preliminary approval absent extraordinary circumstances proven by the Applicant to the satisfaction of the Area Plan Commission.

B. Tier 3 projects are required to submit only a final development plan and need only one hearing for consideration and approval of a final development plan. Tier 3 projects need submit only the following with its Final Development Plan application: Section 153.124.02 (A), (B), (D) and coordination with any applicable agencies listed in (E), and Section 153.124.03 (D).

C. An application for any use designated as a Special Exception shall be heard by the Board of Zoning Appeals prior to submission of a site development plan to the Area Plan Commission. Applicant may submit the preliminary site development plan and the Special Exception application at the same time, however, the BZA must take action on the Special Exception Application prior to the public hearing on a preliminary site development plan before the Area Plan Commission.

D. Following final approval, the Applicant must comply with the requirements as set forth in this Ordinance with respect to receiving improvement location permits for the project.

E. Any Applicant seeking a variance allowed under 153.126.03 (G) from any setback or height restriction requirement of this Ordinance must receive that approval from the applicable Board of Zoning Appeals and submit such variance approval with its final development plan application. Only the Area Plan Commission may approve any departure from the procedures for approval or any modification of final approval.

F. All information provided and gathered during a preliminary development plan review and/or a final development plan review may be used by the Commission in determining whether to approve or disapprove the plan and, if approved, what reasonable additional restrictions or provisions shall be included in the plan in addition to those outlined herein.

15:1.124.02 PRELIMINARY DEVELOPMENT PLAN APPROVAL. A completed application for preliminary development plan approval signed by the Applicant shall be filed with the Area Plan Commission. If the Applicant is not the owner of the real property on which the project is sited, all property owners of the real property where the project is to be located must be Co-Applicants. The application shall include the following items submitted in both hard copy and electronic format: A. PROJECT SUMMARY. An initial project summary including a description of the project stating the approximate total name plate generating capacity and the nameplate generating capacity of each solar panel, the total acreage included in the project and the GIS coordinates of the general outline of the project area, the potential equipment manufacturers and type of solar energy conversion system to be used, the number of solar panels, the size and maximum height of the solar panels, and description of substations, power inverters, maintenance structures, storage yards, permanent solar resource monitoring structures and equipment, and other buildings that are a direct functional part of the project If any part of the project will include battery storage, the kinds of batteries to be used, the manufacturer, and the type of installation shall also be included.

B. APPLICANT AND CO-APPLICANTS. A description of the Applicant, Owner and Operator and any other responsible party and if applicable each of their intermediate and ultimate parent companies, listing experience in similar projects and gross capitalization. List names, addresses, email addresses, websites and phone numbers of the Applicants, Owners and Operators and all Co-Applicants.

C. MAPS. A map or maps of the project site and surrounding quarter-mile radius that shows the topography (at 2-foot contours), political and natural features of the project site. The map shall include the individual land parcels by state tax parcel number and clearly identify whether the property is participating in the project or not. The map shall also identify the zoning designations, all streets and roadways by classification, municipal and township boundaries, residential structures, public lands, public and private schools (including colleges and universities) existing utilities and transmission lines, public safety facilities, governmental boundaries, public recreational land, and any commercial or public structure such as stores, churches, airports or landing strips. If more than one map is submitted, all maps shall be drawn at the same scale. All maps shall be submitted in hard copy and electronic format as specified by the Executive Director of the Area Plan Commission.

D. SITE PLAN. The Applicant shall submit a site plan at an appropriate scale showing the proposed location of the project facilities; proposed access roads; substations; maintenance structures; storage yards; permanent solar resource measuring or monitoring installations; electrical cabling; ancillary equipment; and any other structures that are a direct functional part of the project. Each contiguous row of solar panels and/or structure should be assigned a unique identification number on the site plan. In addition, the site plan shall show: primary structures within one quarter mile of any project; property lines, including identification of non-participating adjoining properties; setback lines; public roads; County regulated drains, open ditches or tiles including private tiles if located in a public right of way; location of all above-ground utility lines; location of all existing underground utility lines associated with the site; recognized historic or heritage sites as noted by the Indiana Department of Natural Resources; floodplains; and any wetlands based upon a delineation prepared in accordance with the applicable U.S. Army Corps of Engineer requirements and guidelines, and the location of any other condition or facility regulated by any other agency having jurisdiction of activity on the site. This site plan must also be distributed to emergency management agencies, fire departments serving any part of the project site, the County Sheriff, and the chief executive body of any municipal government whose boundary is within 2 miles of the project site.

E. COORDINATION WITH APPLICABLE ENTITIES. The Applicant shall submit a summary report identifying the entities the Applicant has communicated and coordinated with respect to the project. The report shall list the entity name, the primary contact person at the entity and contact information, the dates of coordination and list of documents submitted to each agency. The report shall also transmit any comments, suggestions, concerns, approvals, or disapprovals with respect to the project issued by the entity and/or communicated to the Applicant. The following entities shall be contacted: Authority Purpose Type of Documentation When Required Federal FAA Coordinate to reduce any Compliance letters for each solar project Preliminary flight or airport interference DUD Siting, NOAA Coordinate siting to Any recommendations or comments Preliminary mitigate radar interference received submitted to APC or any other interference EPA Compliance with air and Any recommendations or comments Preliminary water quality standards submitted to APC under NEPA USFWS Indiana Compliance with any solar Any recommendations or comments Preliminary Field Office guidelines submitted to APC Migratory Bird and part of Natural Resources Report Treaty Act (MBTA) Eagle Protection act Endangered Species Act Army Corps of Floodplain or wetland Designations and comments and permit Preliminary Engineers involvement if required State IDNR Historic Preservation, Comments Preliminary Flood Plains IDEM Endangered Species Comments Preliminary Local Private airport Coordinate siting process Any recommendations or comments Preliminary authorities permitted submitted to APC

by FAA and IAA Posey County Soil Drainage Plan Approval Drainage Plan Final & Water Conservation District Telecommunications All telecommunications Any comments or recommendations Preliminary Infrastructure owners and operators received from owners within 2 miles Owners and of project boundary shall and operators shall be submitted to the APC Operators be notified and consulted Highway Supervisor Road Plan Approval Transportation Plan Final (construction, maintenance, access cuts) Local Emergency Life Line access, Safety and Security Plan Final Response safety protocols F. VISUAL IMP ACT EVALUATION REPORT: The Applicant shall submit a Visual Impact Evaluation Report evaluating the visual impact of all solar panels on properties within certain distances of the project. The report shall assess tile visual impact on all properties within the visual impact zones identified below. The following shall be included in the Visual Impact Evaluation Report: 1. a map depicting tile dimensions of tile proposed site, names and addresses of adjoining property owners not participating in the project that clearly identifies tile setbacks distance in feet from each of tile each proposed Distal Solar Panel and adjoining property lines, the site of each of the photographic simulations taken in the View Shed Area, town and city boundaries, historic sites/districts, state and local designated scenic areas and roads, recreational areas, open space and conservation areas, schools, parks, water resources, military installations, airports or landing strips, cell towers, weather and radar stations 2. detailed description of the potential visibility of each Distal Solar Panel and tile methodology used evaluate visibility within tile following View Shed Areas and maps of tile applicable View Shed Area identifying town and city boundaries, historic sites/districts, state and local designated scenic areas and roads, recreational areas, open space and conservation areas, schools, parks, water resources, military installations, airports or landing strips, cell towers, weather and radar stations 3. View Shed Areas Defined: Y, mile radius from each Distal Solar Panel adjacent to the project boundary 4. Photographic simulations of the View Shed Area in sufficient number to capture tile general visibility of Distal Solar Panels and a map depicting tile location for each photographic simulation 5. Any mitigation measures proposed to minimize the visual impact of tile project G. NOISE EVALUATION REPORT. The applicant shall submit a Noise Evaluation Report for each grouping of solar panels and any substation or facility that emits noise in tile project. The report shall state the daytime and nighttime baseline noise level at the primary dwelling on an adjoining non-participating parcel, in tile event permission for the receptor to be located at tile primary dwelling is not granted by the non-participant, then at a point on the property line closest to the primary dwelling; the potential noise level generated by the solar panels and inverters and any substation associated with the project; the manufacturer’s technical documentation of the proposed solar energy generating equipment noise levels.

The Noise Evaluation Report shall include the projected maximum levels of infrasonic sound, ultrasonic sound, impulsive noise and prominent discrete tones generated and measured at the primary dwelling on the non-participating parcel (or property line receptor if permission not given as set forth above). The report shall include a map depicting the noise study area radius, project boundaries, sound level monitoring locations and the nearest receptor locations. The Noise Evaluation Report shall include any potential mitigation measures to minimize sound levels.

H. TELECOMMUNICATIONS AND WIRELESS SIGNALS REPORT. The Applicant shall submit a Telecommunications and Wireless Signals Report identifying any expected interference with over the air communications and information gathering and provide a verified statement that it will mitigate any such interference. The Applicant will coordinate its report with NOAA and any other agencies dependent on wireless communications that may be affected.

I. NATURAL RESOURCE IMP ACT REPORT. The Applicant shall submit a natural Resources Impact Report for the proposed project site. The Natural Resources Impact Report shall include a detailed description of the potential natural resource impacts as a result of the construction, operation, and maintenance of the SECS that includes identification and analysis of (a) topography, geology, vegetation, soil types, water resources including wetlands, avian, terrestrial, and marine wildlife habitats as applicable; (b) compliance with applicable air and water quality standards; (c) compliance with any USFWS solar energy guidelines as applicable, and (d) compliance with any site specific recommendations made by IDNR or IDEM. The report shall include a study area map with identification of any areas of importance such as bat habitat, flood zones, wetlands and watercourses evaluated in the report. The report shall also include any potential mitigation measures such as open space, erosion control, and habitat replacement to reduce the identified impacts on the project area.

J. COST REIMBURSEMENT. For Tier I projects only, an agreement and written undertaking with adequate surety, bond, or other accepted form of adequate financial assurance must be submitted to pay or reimburse the County, the Area Plan Commission, any impacted school corporation, and any other impacted municipal corporation for all expenses incurred by the County, the Area Plan Commission, any impacted school corporation or municipal corporation in evaluating the documents required to be submitted for preliminary and final development plan approval. The costs to be reimbursed shall include expenses and professional fees actually incurred including but not limited to all electrical, structural, mechanical, acoustical and transportation engineers, aviary experts, financial consultants, attorneys and other professionals.

Within forty-five (45) days of submission of an invoice, the Applicant shall pay or reimburse all such expenses. This obligation for payment or reimbursement of professional fees shall continue so long as the SECS-1 is in existence through the completion of decommissioning and its removal.

153.124.03 FINAL DEVELOPMENT PLAN APPROVAL After approval of the Primary Development Plan, a petition for Final Development Plan approval shall be submitted to the Area Plan Commission and shall include: A. REVISED SITE PLAN. A revised site plan indicating any changes to the site plan submitted for the Preliminary Development Plan Approval.

B. TRANSPORTATION PLAN. A Transportation Plan recommended by the SECS Transportation Committee and approved by the County Commissioners including a form of form of financial assurance acceptable to the County Commissioners for the repair or replacement of all damaged roads, bridges, signage, or other transportation structures during construction, maintenance, and operation.

C. DRAINAGE PLAN. A Drainage Plan approved by the Posey County Soil and Water Conservation District-District Technician and including a form of financial assurance acceptable to the County for the repair or replacement of all damaged drains, ditches, and tiles (if in the public right of way). The Transportation Plan and the Drainage Plan shall state that any newly constructed access roads shall not impede the flow of water and will comply with the County drainage ordinance.

D. SAFETY AND SECURITY PLAN. A Safety and Security Plan which must include adequate provisions for site security and safety. If the plan includes using County services, it should include signatures of the proper authorities indicating they are aware of their role and capable of performing it. Coordination with local emergency responders and area hospitals must be included.

E. DECOMMISSIONING PLAN. A Decommissioning Plan to ensure that the project is properly decommissioned. The Decommissioning Plan must be updated and approved by the Area Plan Commission every five (5) years after the approval of the initial Decommissioning Plan and after any material improvements are added to the project, in the same manner as the initial Decommissioning Plan. The Decommissioning Plan shall include financial assurance that the project facilities are properly decommissioned upon the end of the project life or abandonment consistent with this Ordinance. The financial assurance must be provided at the completion of construction and prior to the issuance of any improvement location permit. The obligations with respect to decommissioning shall include removal and proper disposal of all physical material

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Legal Advertising 2020-75 Continued pertaining to the project improvements to a depth of five (5) feet beneath the soil surface, and restoration of the area occupied by the project improvements such that it is suitable for an equivalent land use to what existed immediately before construction of such improvements. The Decommissioning Plan shall include a contractor cost estimate from a licensed engineer with experience in these matters for demolition and removal of similar facilities. The Decommissioning Plan must include proper disposal of all hazardous material and Operator must provide to the Area Plan Commission the certification of disposal issued by the entity providing the disposal service and/or the receiving disposal facility. All disposal must comply with local, state and federal law, rules and regulations in effect at the time of decommissioning.

F. CONSTRUCTION AND OPERATION BOND. A Construction and Operation Bond that runs from the date of commencement of construction through the tenth (10th) year of operation of the project. The Applicant shall demonstrate that it has the financial resources to construct and operate the project by providing evidence of: (1) adequate funding of one hundred percent (I 00%) of the estimated cost of construction of the project; (2) performance and payment bonds or other sureties from the Applicant and/or major equipment suppliers and contractors; (3) the existence of written warranties from contractors and/or manufacturers which have demonstrated financial ability to repair and/or replace defective work, materials, and equipment; and ( 4) adequate casualty, builders risk, business interruption, and liability insurance for the replacement of the project facilities and the individual components thereof. The Applicant may provide such cost estimates, bids, contracts, warranties, feasibility studies, engineering studies and reports, insurance certificates, loan and other financing commitments to provide the requested information.

G. ECONOMIC DEVELOPMENT AGREEMENT. For any project seeking tax abatement or other economic considerations for the project from government, the Applicant shall submit an Economic Development Agreement approved by the County Commissioners. The Economic Development Agreement must be developed in consultation with the Local Economic Development Organization (“LEDO”) and the County Council. The Economic Development Agreement shall include, as applicable, estimated property taxes and any tax abatement, any economic development payments, estimated lease payments and overall cost and tax revenue impact on the County as well as the estimated current economic impact of the project area in its current use. The Economic Development Agreement may also include a Property Value Guarantee Agreement in the form found in 153.129.

H. ADDITIONAL ASSURANCES. The Applicant shall provide a notarized statement acknowledging and affirming the following with respect to the project: 1. All duties and obligations of each of the Applicant, Owner, and Operator shall be joint and several, and shall be binding upon all each of their heirs, successors in interest, and assigns. At least thirty (30) days prior to any transfer of any ownership interest in the project, written notice shall be given to the Executive of the municipality where the project is located and the Area Plan Commission. All bonds, sureties, letters of credit or other financial assurances provided under this Ordinance shall remain in full force and effect upon any transfer, assignment, or conveyance of an ownership interest until the successor in interest delivers an accepted replacement obligation. The transfer, assignment or conveyance of an ownership interest in the project without the advance approval of replacement bonds, sureties, letters of credit or other financial assurances shall constitute a default and shall not relieve the responsible party of liability. However, the transfer of the interest of the Owner(s) shall be allowed without advance approval so long as the bond, surety, letter of credit or other financial assurance posted by the Applicant or Operator covers the successors in interest of the Owner(s).

2. An Owner, or Applicant, or Operator which violates any provision of this Ordinance (including violations by their agents, contractors or subcontractors) shall be subject to fines and all legal remedies under 153.210 et seq. Any Owner, or Applicant, or Operator or a contractor or agent thereof who engages in any activity prohibited by or under the control of this Ordinance without first obtaining any required approval or permit including but not limited to an Improvement Location Permit or a Certificate of Occupancy shall be subject to fines and all legal remedies under 153.210 et seq.

Each day a violation occurs or continues constitutes a separate offense. The authority to assess fines rests only with the Area Plan Commission. The Area Plan Commission shall also have all recourse to address violations as provided by law.

3. Enforcement of this Ordinance shall be in compliance with Chapter 153.210 of the Zoning Ordinances of Posey County, as it may be amended.

I. TIME LIMITATION. An application for Final Development Plan approval must be submitted no later than two years after the Preliminary Development Plan approval. If not submitted within two years, the Applicant must re-submit its Preliminary Development Plan for approval before submitting its Final Development Plan. The Applicant may, but is not required, combine its Preliminary and Final Development Plan approval into one submission in that case. No project may exceed the total acreage approved in the Final Development Plan by more than 2% without further approval by the Area Plan Commission.

153.125 IMPROVEMENT LOCATION PERMITS AND COMMENCEMENT OF CONSTRUCTION. After Final Development Plan approval is obtained, but before any construction commences or Improvement Location Permits may be issued, all applicable state and federal permits, approvals and licenses must be obtained (with copies provided to the Area Plan Commission ) and all state and federal statutes and regulations must be complied with and the following requirements satisfied: A. INSURANCE REQUIREMENTS. The Owner or Operator of the project shall maintain liability policies covering (1) bodily injury and property damage and (2) environmental contamination arising from construction, operation, maintenance, and decommissioning of the project. Limits on the bodily injury and property damage policy shall be of at least $2 million per occurrence and $5 million in the aggregate with a deductible of no more than $20,000 and on the environmental contamination policy shall be of at least $1 million per occurrence and $2 million in the aggregate with a deductible of no more than $50,000. All such policies shall name the County and the municipality in which the project is located as an additional insured and a binder shall be provided annually to the County.

B. SIGN AGE AND CONTACT. The Applicant shall establish a 24-hour toll-free phone number for the registering of complaints and concerns. This number shall be posted at every project service road intersection with a public roadway throughout the project area before Improvement Location Permits are issued and before any construction or earth moving can commence. If legitimate complaints are not remedied within 48 hours the county may address these complaints with any expenses incurred to be reimbursed by the Applicant.

C. PRE-CONSTRUCTION MEETING. The Applicant must attend a Pre-Construction Meeting between the Area Plan Commission Executive Director, Area Plan Commission President, County Building Inspector, and any other public officer or official whose input is deemed appropriate to verify that all requirements in the Ordinance have been met. This meeting shall take place as the final step before construction and all other requirements should already have been met.

Once reviewed, if all requirements have been met, the Applicant may then obtain Improvement Location Permits. If any requirements have not been met then further pre-construction meetings will be held until it can be verified that the identified issues have been resolved.

D. FEES. All Improvement Location Permit fees must be paid for the entire project before any Improvement Location Permits will be issued. No improvement location permit shall issue if the Applicant has overdue amounts owed to the County.

153.126.01 CONSTRUCTION STANDARDS. Prior to and during construction the Applicant, Owner and Operator shall be responsible for: A. Implementing reasonable dust control measures during construction.

B. Complying with existing septic and well regulation as required by the County Health Department and the Indiana Department of Public Health.

C. Repairing all damages to County owned or regulated or Non-Participating Landowners’ waterways, drainage ditches, field tiles, or any other infrastructures caused by the construction or maintenance of the project. Damages must be completely repaired to original or better condition, and so as not to impede the flow of water. All repairs must be completed in a timely manner and the Owner, Operator, and/or Applicant shall be responsible for loss or damage proximately resulting from its impairment of such drainage structures. All repairs to County regulated drainage structures must be completed within fourteen (14) days.

D. Using concrete armoring techniques at each and every location where County regulated drains and subsurface power transmission lines of any type cross. Unopened bags of premixed concrete shall be laid on top of the transmission lines to cover six inches on both sides of the line and eight feet to each side of the County regulated drain the line is crossing.

Open drain and transmission line intersections where the line is below the invert of the open drain shall be armored using the same technique. Red warning tape (printed with “warning electrical line below” or similar language) shall be buried no closer than 12 inches above the actual power line at all crossing locations. The County Surveyor or agent designated by the County Surveyor shall inspect every such crossing before backfilling. Concrete rumoring techniques will not be required in cases where directional boring is used.

E. Installing permanent, visible markers where directional boring is used. Markers shall be placed within the line of sight indicating directional changes and borings.

F. Submitting a weekly plan of work detailing where construction and transportation activities will occur to the Area Plan Commission staff, County Highway Supervisor, County Sheriff, County Surveyor, Soil & Water Conservation District, the Superintendent(s) of the School District(s) in which construction is occurring and to the emergency services with jurisdiction over the areas in which construction is occurring. This shall include notification of any oversize or overweight loads entering or exiting the project each day as well as any work on roads, drainage, or access roads.

G. Adhering to the approved Transportation Plan. The County Highway Superintendent and/or appropriate municipal road personnel shall conduct a pre-construction baseline survey to determine existing road conditions for assessing potential future damage. The County Highway Superintendent and/or appropriate municipal road personnel may choose to require remediation of road damage during or upon completion of the project and is authorized to collect fees for oversized load permits. If repairs are not made in a timely manner, the County Highway Superintendent and/or appropriate municipal road personnel is authorized to make repairs and charge the Applicant a fee to cover the costs of repair. Such fees shall be established at the start date of construction and may be revised at three-month intervals. Further, a corporate surety bond shall be required by the County Highway Superintendent and/or appropriate municipal road personnel to ensure the County or affected municipality that future repairs are completed to the satisfaction of the County or affected municipality.

The bond shall not be released at the conclusion of construction of the project, but it may be reduced to cover any damages or losses from the operation and maintenance of the project. If the Applicant or its contractors require material changes from the approved Transportation Plan or if post completion repairs, improvements, or expansions require oversize and overweight loads or involve new routes, an Amended Transportation Plan must be approved in the same manner as the initial plan. Any violation of the approved Transportation Plan may be subject to fines as provided in 153.210 et seq. and in addition, may also be subject to fines established by the governing body having jurisdiction over the roadway(s) affected.

H. Adhering to the approved Development Plans. Any non-material proposed changes, modifications, or amendments to the Development Plans must be approved by the Executive Director of the Area Plan Commission and the Executive Director shall thereafter make report of the non-material changes, modifications, or amendments to the Area Plan Commission. All material changes to the approved Development Plans must be approved by the Area Plan Commission. The Executive Director shall have the authority and discretion, considering all relevant factors, to determine whether the proposed change is material.

153.126.02 DEVELOPMENT STANDARDS A. All installed equipment shall conform to applicable industry standards and the application shall include certificates of design compliance of the proposed equipment from nationally recognized third parties in the business of certifying compliance.

B. All electrical components of the project shall conform to applicable local, state, and national codes, and relevant national and international standards.

C. A visible warning sign concerning voltage must be placed at the base of all padmounted transformers and substations.

D. All solar panels and accessory buildings for the project must be fenced in with a fence not less than 7 feet in height.

E. All warning lights in the project shall conform to best industry practices to reduce impacts on migrating birds and other wildlife. No red pulsating incandescent lights or white strobe lights shall be installed. All lighting shall be in compliance with applicable Federal Aviation Administration regulations. All lighting shall be shielded so that no glare extends substantially beyond the boundaries of the project and installed lights shall be Dark Sky certified.

F. At any Non-Participating Landowner’s residential lot, public school, public library, or recreational area within onequarter mile of the project boundaries, for a period of more than 10% out of every hour, the audible A-weighted sound pressure levels as a result of the sound emitted by the project shall not exceed either, the greater of 45 decibels or, 5 decibels above the Ambient Baseline Sound Pressure Level of the project. The Ambient Baseline Sound Pressure Level, if used, shall be determined by a baseline acoustic emissions study conducted by the County Area Plan Commission and funded by the Applicant. Measurement of sound and vibration levels shall be conducted adhering to best practices within the applicable industry and in compliance with all other applicable county, state and federal regulations.

153.126.03 SETBACKS AND HEIGHT RESTRICTIONS A. No part of the project shall be constructed in any required setback, dedicated public easement or dedicated public right-of-way without prior written authorization from the County Commissioners.

B. No solar panel may be located less than One Hundred (100) feet from any Non Participating landowner property line.

C. Any SECS project proposed shall not have a boundary closer than one mile to any municipal boundary line.

D. No solar panel may exceed 25’ in height at its highest extended rotation.

E. No Tier 3 SECS solar panel may exceed the height restriction in the underlying zoning district.

F. Applicant shall give notice to the owner of any private certified landing strip. Setbacks will be determined based upon the agreement of the landing strip owner, Applicant, and the Area Plan Commission which shall take into consideration the guidelines provided in a U.S. Department of Transportation FAA Advisory Circular dated February 26, 2014, as may be updated. Proof of notice must be included with the Preliminary Development Plan.

G. Allowed Variances. Variances may only be granted for relief from 153 .126.03 (B). However, the variance application must include an executed agreement between the applicant and all participating and non-participating landowners affected by the requested variance prior to consideration of the variance request by the Board of Zoning Appeals.

153.127.01 POST-CONSTRUCTION AND CONTINUED MAINTENANCE A. DECOMMISSIONING SECURITY. At the completion of construction but before any commercial operations be-

gins, the Applicant shall secure and provide to the Area Plan Commission a performance bond, surety bond, letter of credit, or other form of financial assurance that is acceptable to the Area Plan Commission (the “Decommissioning Security”) equal to 125% of the estimated cost of decommissioning the project pursuant to the Decommissioning Plan. The Decommissioning Security, in computing the estimated cost of decommissioning, shall consider and deduct up to 65% of the Net Salvage Value (as defined) of the project. The amount of the Decommissioning Security shall be adjusted annually

by January 31 by an amount equal to the increase in the CPI Index. “CPI Index” shall mean the Consumer Price Index for “All Urban Consumers, U.S. City Average, All items,” issued by the Bureau of Labor Statistics of the United States Department of Labor, or, if discontinued or no longer published, such other governmental index that most closely matches the manner in which inflation had been previously tracked as selected by the Area Plan Commission. The Decommissioning Plan and Decommissioning Surety shall be re-evaluated every five (5) years commencing with the operation of the project by a licensed engineer approved by the Area Plan Commission and qualified to provide an estimate of the cost of decommissioning of the project and the Net Salvage Value of the project (the “Decommissioning Engineer”). A new Decommissioning Security in the revised amount, if any, shall be provided within sixty (60) days of the approval of the updated Decommissioning Plan.

B. WASTE REMOVAL. All solid waste whether generated from supplies, equipment, parts, packaging, or operation or maintenance of the facility, including old parts and equipment, shall be removed from the site in a timely manner. All hazardous waste generated by the operation and maintenance of the facility, including but not limited to lubricating materials, shall, be handled in a manner consistent with all local, state and federal rules and regulations.

C. MODIFICATIONS. Any physical modification to the project that alters the mechanical load, mechanical load path, nameplate generating capacity, size or location or major electrical components shall require a new improvement location permit and/or if there is more than a 2% increase in total acreage of the project. Like kind replacements that do not have the effects listed above do not require new permitting. Prior to making any physical modification (other than a like-kind replacement), the Applicant shall confer with the Building Inspector to determine whether the physical modification requires new permitting.

D. INSPECTIONS. Upon request of the Building Commissioner of the affected governmental unit or the Executive of the affected governmental unit, Operator shall provide an annual inspection report for all facilities in the project to the Building Commissioner and Executive, at Operator’s cost. In addition, the Building Commissioner, approved designees, along with licensed third party engineers/professionals retained by the County for the specific purpose of conducting inspections of the project shall have the right, at any reasonable time and with sufficient prior notice, to accompany the Applicant, or his agent, on the project premises to inspect the project and its construction and maintenance and to identify any necessary repairs. The Applicant of the project may retain a licensed third party professional engineer familiar with the applicable systems to prepare and submit to the County Building Commissioner a written report which addresses the repairs or alterations requested, and which suggest alternate methods for addressing the concerns or provides evidence that said repairs or alterations are unnecessary, within thirty (30) days after receiving notice from the County Building Inspector that repairs or alterations are requested, or within a longer period of time mutually acceptable to both parties. The County Building Inspector will consider any such written report and determine whether the repairs or alterations should be made as originally requested or as suggested in the written report. In the event of a dispute between the County Building Inspector and the Applicant or a third-party professional engineer retained by them, as to the repairs or alterations which are required, the decision of the County Building Inspector shall be final. These inspections do not relieve any liability of the Owner or Operator for damages or injuries arising from or related to the project. The Area Plan Commission Executive Director will inspect and determine compliance with zoning regulations and approved development plans and the Executive Director shall thereafter make appropriate report(s) to the Area Plan Commission for action, if any action is necessary.

E. COMPLAINTS. If, after construction, the Applicant receives a written complaint related to interference caused with local broadcast residential television, telecommunication, communication or microwave transmissions, the Applicant shall promptly resolve the complaint.

F. AS-BUILT PLANS. The Applicant shall deliver to the Executive Director of the Area Plan Commission and to all providers of emergency services serving the project area a copy of the as-built site map. Upon request by the local fire department, the Applicant shall cooperate with the local fire department to develop or update the fire department’s emergency response plan. Nothing in this section shall alleviate the need to comply with all other applicable fire laws and regulations.

G. RECORD OF GROUND DISTURBANCE AND ROAD USAGE. On completion of construction the Applicant shall submit to the County Surveyor a site map detailing all ground disturbed through construction activity, surface and subsurface as-built infrastructure and all routes over which trucks and equipment traveled. The scale and format of the submitted map shall conform to the County Surveyor’s specifications.

H. LIABILITY FOR DRAINAGE. For a period of five (5) years following the completion of construction the Applicant shall be liable for all costs of repair to county drain tiles, regulated drains and ditches and other county regulated surface and subsurface structures and private tiles located in the public right of way within fifty (50) feet of the routes and disturbed ground. This period shall be extended for any damages occurring as a result of operations, replacement or maintenance of the project after the five year period.

I. ABANDONMENT. A SECS or any individual solar panel constituting a portion of the project is presumed at the end of its useful life and/or abandoned if the SECS or the individual solar panel generates no electricity for a continuing period of twelve (12) months. This presumption may be rebutted by submitting to the Area Plan Commission for approval and within ninety (90) days of submission obtaining approval thereof of a plan outlining the steps and schedules for returning the SECS or individual solar panel to service. Any SECS or individual solar panel which pursuant to the terms hereof shall be subject to removal pursuant to the Decommissioning Plan.

J. UNSAFE STRUCTURES. Any SECS or structure thereof declared to be unsafe by the County Building Commissioner or the Area Plan Commission by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is hereby declared to be a public nuisance and shall be abated by repair or rehabilitation within 12 months or be deemed abandoned and at the end of its useful life and subject to Decommissioning. Nothing herein prevents the County Building Commissioner or the Area Plan Commission issuing an immediate cease use order as to any structure that he or she determines is unsafe during the repair or rehabilitation period.

153.127.02 POST CONSTRUCTION MODIFICATIONS. Any post-construction proposed non-material modifications, alterations, expansions, or changes of any type or size to the Final Development Plan must be approved by the Area Plan Commission. All material post construction proposed changes must apply in the same way as a new project. The Area Plan Commission shall have the authority and discretion, considering all relevant factors to determine whether the proposed post-construction change is material.

153.128 NO PREEMPTION. Nothing in this Ordinance is intended to preempt other applicable state and federal laws and regulations, except to the extent this Ordinance provides higher or more stringent standards.

153.129 PROPERTY VALUE GUARANTEE FORM. The following is the form of Property Value Guaranty to be used by the County Commissioners and the Local Economic Development Organization (LEDO) in the Economic Development Agreement provided for in 153.124.03 (G) if a property value guaranty is a part of the Agreement. The following form of Property Value Guaranty shall be used by the County Commissioners as part of the Economic Development Agreement, if a Property Value Guaranty is included in the Agreement. The County Commissioners shall determine and complete the matters which are left blank in the following form: PROPERTY VALUE GUARANTEE Legal Name of Owner and Operator of the (Legal Name of SECS project) and their assigns and successors in interest (hereinafter jointly and severally referred to as “Guarantor”) agree to guarantee (the “Guarantee”) the value of all owner-occupied residential dwellings owned by all Non-Participating Landowners owners of record (hereinafter referred to individually as “Owner” and collectively as “Owners”) as of the date of the granting of secondary approval of the Development Plan for the [Legal Name] for properties which are located within one mile of a SECS solar panel as shown on the approved Site Plan contained within the Development Plan in all directions and to guarantee the value of all residential dwellings owned by Owners whose ownership is of record in the office of the Posey County Recorder on the date of the granting of secondary approval of the Development Plan. The location of each Owner of a residential dwelling within one mile of a solar panel shall be noted on the Development Plan. Within thirty (30) days of the granting of secondary approval of the Development Plan, the Guarantor shall provide each eligible Owner with written notice by certified mail to the Owner’s address as set forth in the property tax records of Posey County describing the terms of the Guarantee. To qualify for the Guarantee each Owner must notify the Guarantor within ninety (90) days of the mailing of the notice of his or her intent to participate, and Guarantor shall thereafter obtain and submit to Owner an M.A.I. appraisal of Owner’s property within sixty (60) days following the date of the Guarantor’s receipt of Owner’s notice. Owner may accept the value of the property based on the appraisal or may obtain his or her own M.A.I. appraisal. If the Owner’s appraisal is less than or within 5% above the Guarantor’s appraisal, the guaranteed value (“Guaranteed Value”) shall be the average of the two appraisals. If the Owner’s appraisal is more than 5% above the Guarantor’s appraisal and the Owner Is not willing to accept the Guarantor’s appraisal, the two appraisers shall agree upon a third M.A. I. appraiser, to be paid for 50% by Guarantor and 50% by the Owner, who shall appraise the property and whose appraised value shall become the Guaranteed Value for that property. The period of the Guarantee shall be for a period of _____years following the issuance of a Certificate of Occupancy for the operation of the [Legal Name] SECS system. The Guarantee shall extend only to Owners of record as of the date of the approval of the Secondary Development Plan for the SECS system and not to the assignees or subsequent owners or purchasers. In the event any property covered by this Guarantee is listed for sale by a licensed real estate broker for a period of not less than______ and during such period, and Owner either does not receive an offer or receives an offer below the Guaranteed Value, Owner, subject to the restrictions below, shall notify Guarantor of the intent to exercise Owner’s right under this Guarantee and within thirty (30) days of the receipt of this notice Guarantor shall do one of the following: A. Authorize Owner to accept the pending bona fide offer and to pay the Owner at closing of the sale the difference between the purchase price set forth in the offer and the guaranteed value.

B. Immediately take steps to purchase the dwelling from Owner at the guaranteed value with such purchase to be completed within sixty (60) days of receipt by Guarantor of notice by Owner of Owner’s failure to receive a bona fide offer for the guaranteed value after having listed the property for a period of ________with a licensed real estate broker.

In any case in which there is a purchase offer pending for which Owner expects to make a claim under this Guarantee, Owner shall provide a copy of such offer to Guarantor. In the event Guarantor is required to purchase Owner’s dwelling, Owner shall convey fee simple title to the property, free and clear of all liens and encumbrances by delivery of a Warranty Deed at closing. At closing Guarantor shall pay for preparation of the warranty deed, vendor’s affidavit, and all title insurance fees, closing fees,and all survey expenses if it is necessary to subdivide the dwelling from other real estate of the Owner. Guarantor’s obligations hereunder are hereby expressly made contingent upon Owner: performing routine maintenance and repairs on the dwelling; the dwelling or property being in the same condition on the date of sale as it was on the date first appraised hereunder; the delivery of the property free and clear of all liens and subject only to such easements and other encumbrances commonly accepted in residential real estate transactions; and Owner conveying fee simple title to the dwelling or property to Guarantor by recordable Warranty Deed at closing. All notices to Owner and Guarantor shall be to the address of Owner and Guarantor as listed on the property tax records of Posey County.

The following fee schedule is for informational purposes only as the fee schedule is set by the Posey County Area Plan Commission AMENDMENT TO FEE SCHEDULE: The following fees shall be added to the Posey County Area Plan Commission Fee Schedule for 2020: SECS • SECS Tier 1 $20,000.00 plus $1,700.00 per megawatt • SECS Tier 2 $ 7,000.00 • SECS Tier 3 $ 75.00 153.130 WIND ENERGY PROJECTS 153.131.01 APPLICATION OF ORDINANCE 153.131.02 DEFINITIONS 153.132 ENERGY CONVERSION SYSTEM DISTINCTIONS 153.133 DESIGNATION OF USE IN DISTRICTS 153.134.01 APPROVAL PROCESS 153.134.02 PRELIMINARY DEVELOPMENT PLAN APPROVAL 153.134.03 FINAL DEVELOPMENT PLAN APPROVAL 153.135 IMPROVEMENT LOCATION PERMITS AND COMMENCEMENT OF CONSTRUCTION 153.136.01 CONSTRUCTION STANDARDS 153.136.02 DEVELOPMENT STANDARDS 153.136.03 SETBACKS AND HEIGHT RESTRICTIONS 153.137.01 POST-CONSTRUCTION AND CONTINUED MAINTENANCE 153.137.02 POST-CONSTRUCTION MODIFICATIONS 153.138 NO PREEMPTION 153.139 PROPERTY VALUE GUARANTEE FORM 153.131.01 APPLICATION OF ORDINANCE. This Ordinance applies to vertical and horizontal wind energy conversion systems whether ground mounted or building mounted. Any wind energy system intended to be installed over, in or on water systems, natural or otherwise, are regulated in the same manner as similar ground-mounted systems with any additional applicable review due to the waterbased installation.

D. (WECS-1) Wind Energy Conversion System-Tier 1 E. (WECS-2) Wind Energy Conversion System-Tier 2 F. (WECS-3) Wind Energy Conversion System-Tier 3 153.131.02 DEFINITIONS ACRONYM GUIDE LEDO-Local Economic Development Organization WECS- Wind Energy Conversion System AMBIENT BASELINE SOUND PRESSURE LEVEL The L90 A-weighted sound pressure emissions level (the level of sound exceeded 90% of the time) for a project area prior to construction as determined by a baseline acoustics emis-

MAY 12, 2020

THE POSEY COUNTY NEWS - PAGE B5

Legal Advertising 2020-75 Continued sions study.

APPLICANT The term “Applicant” when used in connection with or in respect of a project shall mean the person(s) and/or entity(s) which is/are the developer and/or owner of the project which prepares and files the initial application to the applicable approval body, and the term shall include all successors and assigns of the initial Applicant. The term “Applicant” shall not include any person or entity which signs the application solely in the capacity as an Owner of an interest in real property on which a project shall be located. When used in this Ordinance to affix liability or for a binding agreement or obligation, Applicant shall include the Owner or Operator of the project that intends to be legally liable or so bound.

AREA PLAN COMMISSION refers to the Posey County Area Plan Commission.

CO-APPLICANT The term “Co-Applicant” when used in connection with or in respect of a project shall mean a person or entity which executes an application for a project solely because of an ownership interest in real property to be used in connection with the project.

COLLECTOR Any power line that carries electrical power from one or more wind turbines or individual transformers associated with individual wind turbines to the point of interconnection with the electrical power grid, in the case of interconnection with the high voltage transmission systems the point of interconnection shall be the substation serving the project. COUNTY Posey County, Indiana.

CRITICAL WIND SPEED The wind speed at which WECS turbine sound pressure levels are at greatest variance with Ambient Baseline Sound Pressure Level.

DECOMMISSIONING PLAN The term “Decommissioning Plan” with regards to a project shall have the meaning and Include the requirements set forth at Sections 153.134.03 {E) and {H) and 153.137.01.

DECOMMISSIONING SECURITY The term “Decommissioning Security” with regards to a project shall have the meaning and meet the requirements as set forth at Sections 153.134.03 (E) and {H) and 153.137.01.

DRAINAGE PLAN The term “Drainage Plan” with regards to a project shall mean the storm water management plan approved by the Soil and Water Conservation District-District Technician for the project as required by Section 153.134.03 {C).

ECONOMIC DEVELOPMENT AGREEMENT An agreement between the Applicant, Owner and/or Operator and the County setting forth the applicant, owner and/or operator’s financial commitment to support economic development and/or provide other financial assistance in the County, or any portion thereof as required by Section 153.134.03 {G).

NON-PARTICIPATING Property or the property-owner of land adjacent to a WECS project that is not participating in the project as a Co-Applicant.

OPERATOR The term “Operator’’ when used in connection with or in respect of a project means any person or entity which has the primary involvement with or responsibility for the use, operation, or maintenance of all or a portion a project.

OWNER The term “Owner” when used in connection with or in respect of a project shall mean any person or entity and his, her, or its assigns and successors in interest which has any ownership interest in any or all of the necessary devises to convert wind energy into electricity. The term “Owner’’ does not include any person or entity whose ownership interest in a WECS is limited to an interest in real property which is used in a WECS. TRANSPORTATION PLAN The detailed route plan used for construction and maintenance by a project as required in Section 153.134.03{B).

SAFETY AND SECURITY PLAN The WECS project site safety and security plan as provided by Section153.134.03{D).

VIEW SHED AREA means the areas of visual impact of a project as set forth in Section 153.134.02(F).

WIND ENERGY CONVERSION SYSTEM (WECS) The generating equipment and all ancillary equipment used in the production of electrical energy from wind resources.

WECS NET SALVAGE VALUE (NSV) The net value of the all saleable parts and commodities which make up the WECS whether sold as used parts or on a commodity/scrap basis or any combination thereof (whichever is greater) after deducting all estimated costs and expenses of dismantling, removal, and transportation and all costs and expenses of sale (including but not limited to all commissions and fees) and the amount necessary to pay and satisfy all liens, security interests, and other encumbrances attaching to the WECS. The commodity/scrap value shall be based on the prior five (5) years average scrap value of the commodity.

WECS TOWER The support structure to which the nacelle and rotor are attached and is a freestanding or guyed structure that supports a wind turbine generator.

WECS TOWER HEIGHT The distance from the rotor blade at its highest point to adjacent grade.

153.132 ENERGY CONVERSION SYSTEM DISTINCTIONS. Acreage is measured from a perimeter fence surrounding the total wind energy generation facilities including any substations, energy storage or electrical support buildings. Any wind energy generation facilities intended to be operated as an integrated system shall be regulated according to the aggregate total acreage. Any subsequent phase of an approved project shall meet the criteria required of the total acreage of all phases.

Type Acreage Other WECS-1 Greater than 20 acres Electricity sold to utility transmission lines WECS-2 More than 1 acre up to Electricity used primarily for on-site use 20 acres on one or more properties WECS-3 One acre or less and one landowner Electricity exclusively behind the meter generation for single property owner 153.133 DESIGNATION OF USE IN DISTRICTS. Subject to the requirements of this Ordinance, the designated wind energy projects are permitted uses (X) or special exception (E) uses in the following districts. No Improvement Location Permits shall issue to any Applicant without the Area Plan Commission granting preliminary and final approval at public hearings.

District WECS-1 WECS-2 WECS-3 A X X X RS or R-1 RT R-2 RM or R-3 RMH PUD R-0 orO B-1 or NC B-1A orCS B-2 or CG B-3 orCH CBD M-1 X X X M-2 X X X 153.134.01 APPROVAL PROCESS. A. All Tier 1 and Tier 2 projects subject to this Ordinance shall be considered at two public hearings before the Area Plan Commission and shall comply with all requirements of this Ordinance. The first hearing shall consider granting preliminary approval. The second hearing shall consider granting final approval. Final approval may not be granted sooner than 28 days after preliminary approval absent extraordinary circumstances proven by the Applicant to the satisfaction of the Area Plan Commission.

B. Tier 3 projects are required to submit only a final development plan and need only one hearing for consideration and approval of a final development plan. Tier 3 projects need submit only the following with its Final Development Plan application: Section 153.134.02 (A), (B), (D) and coordination with any applicable agencies listed in (E), and Section 153.134.03 (D).

C. An application for any use designated as a Special Exception shall be heard by the Board of Zoning Appeals prior to submission of a site development plan to the Area Plan Commission. Applicant may submit the preliminary site development plan and the Special Exception application at the same time, however, the BZA must take action on the Special Exception Application prior to the public hearing on a preliminary site development plan before the Area Plan Commission.

D. Following final approval, the Applicant must comply with the requirements as set forth in this Ordinance with respect to receiving improvement location permits for the project.

E. Any Applicant seeking a variance allowed under l53.136.03(H) from any setback or height restriction requirement of this Ordinance must receive that approval from the applicable Board of Zoning Appeals and submit such variance approval with its final development plan application. Only the Area Plan Commission may approve any departure from the procedures for approval or any modification of final approval.

F. All information provided and gathered during a preliminary development plan review and/or a final development plan review may be used by the Commission in determining whether to approve or disapprove the plan and, if approved, what reasonable additional restrictions or provisions shall be included in the plan in addition to those outlined herein.

153.134.02 PRELIMINARY DEVELOPMENT PLAN APPROVAL. A completed application for preliminary development plan approval signed by the Applicant shall be filed with the Area Plan Commission. If the Applicant is not the owner of the real property on which the project is sited, all property owners of the real property where the project is to be located must be Co-Applicants. The application shall include the following items submitted in both hard copy and electronic format: A. PROJECT SUMMARY. An initial project summary including a description of the project stating the approximate total name plate generating capacity and the name plate generating capacity of each wind tower, the total acreage included in the project and the GIS coordinates of the general outline of the project area, the potential equipment manufacturers and type of wind energy conversion system to be used, the number of towers, the maximum height of the wind towers and maximum diameter of the rotors, and description of substations, power inverters, maintenance structures, storage yards, permanent wind resource monitoring structures and equipment, and other buildings that are a direct functional part of the project. If any part of the project will include battery storage, the kinds of batteries to be used, the manufacturer, and the type of installation shall also be included.

B. APPLICANT AND CO-APPLICANTS. A description of the Applicant, Owner and Operator and any other responsible party and if applicable each of their intermediate and ultimate parent companies, listing experience in similar projects and gross capitalization. List names, addresses, email addresses, websites and phone numbers of the Applicants, Owners and Operators and all Co-Applicants.

C. MAPS. A map or maps of the project site and surrounding quarter-mile radius that shows the topography (at 2-foot contours), political and natural features of the project site. The map shall include the individual land parcels by state tax parcel number and clearly identify whether the property is participating in the project or not. The map shall also identify the zoning designations, all streets and roadways by classification, municipal and township boundaries, residential structures, public lands, public and private schools (including colleges and universities) existing utilities and transmission lines, public safety facilities, governmental boundaries, public recreational land, and any commercial or public structure such as stores, churches, airports or landing strips. If more than one map is submitted, all maps shall be drawn at the same scale. All maps shall be submitted in hard copy and electronic format as specified by the Executive Director of the Area Plan Commission.

D. SITE PLAN. The Applicant shall submit a site plan at an appropriate scale showing the proposed location of the project facilities; proposed access roads; substations; maintenance structures; storage yards; permanent wind resource measuring or monitoring installations; electrical cabling; ancillary equipment; and any other structures that are a direct functional part of the project. Each wind tower and/or supporting structure should be assigned a unique identification number on the site plan. In addition, the site plan shall show: primary structures within one quarter mile of any project; property lines, including identification of nonparticipating adjoining properties; setback lines; public roads; County regulated drains, open ditches or tiles including private tiles if located in a public right of way; location of all above-ground utility lines; location of all existing underground utility lines associated with the site; recognized historic or heritage sites as noted by the Indiana Department of Natural Resources; floodplains; and any wetlands based upon a delineation prepared in accordance with the applicable U.S. Army Corps of Engineer requirements and guidelines, and the location of any other condition or facility regulated by any other agency having jurisdiction of activity on the site. This site plan must also be distributed to emergency management agencies, fire departments serving any part of the project site, the County Sheriff, and the chief executive body of any municipal government whose boundary is within 2 miles of the project site. The site plan shall identify any public, private, or parochial school property (not including home schools) located within two miles of the project boundaries. For purposes of this section and 153.136.03, “school” means any public, private, or parochial educational facility for students from K-12 registered with the State of Indiana and does not include home schools.

E. COORDINATION WITH APPLICABLE ENTITIES. The Applicant shall submit a summary report identifying the entities the Applicant has communicated and coordinated with respect to the project. The report shall list the entity name, the primary contact person at the entity and contact information, the dates of coordination and list of documents submitted to each agency. The report shall also transmit any comments, suggestions, concerns, approvals, or disapprovals with respect to the project issued by the entity and/or communicated to the Applicant. The following entities shall be contacted: Authority Purpose Type of Documentation When Required Federal FAA Coordinate to reduce any Compliance letters for each wind turbine Preliminary flight or airport interference DOD Siting, NOAA Coordinate siting to Any recommendations or comments received Preliminary to mitigate radar interference or any other interference.

No wind turbine shall be installed in the “No build” zone as determined by NOAA EPA Compliance with air and Any recommendations or comments Preliminary water quality standards submitted to APC

under NEPA USFWS Indiana Compliance with LandAny recommendations or comments Preliminary Field Office Based Wind Energy submitted to APC Migratory Bird Guidelines Treaty Act (MBTA) Eagle Protection Act Endangered Species Act Army Corps of Floodplain or wetlands Designations and comments and permit if requird Preliminary Engineers involvement State IDNR Historic Preservation, Comments Preliminary Flood Plains IDEM Endangered Species Comments Preliminary Local Private airport Coordinate siting Any recommendations or comments Preliminary authorities permitted process submitted to APC

by FAA and IAA Posey County Soil Drainage Plan Approval Drainage Plan Final & Water Conservation District Telecommunications All telecommunications Any comments or recommendations Preliminary Infrastructure owners and operators received from owners and operators shall Owners and with infrastructure be submitted to the APC Operators within 2 miles of project boundary shall be notified and consulted Highway Supervisor Road Plan Approval Transportation Plan Final (construction, maintenance, access cuts) Local Emergency Life Line access, safety protocols Safety and Security Plan Final Response F. VISUAL IMP ACT EVALUATION REPORT: The Applicant shall submit a Visual Impact Evaluation Report evaluating the visual impact of all turbines on properties within certain distances of the project. The report shall assess the visual impact on ail properties within the visual impact zones identified below. The following shall be included in the Visual Impact Evaluation Report: 1. a map depicting the dimensions of the proposed site, names and addresses of adjoining property owners not participating in the project that clearly identifies the setbacks distance in feet from each of the proposed turbine locations and adjoining property lines, the site of each of the photographic simulations taken in the View Shed Area, town and city boundaries, historic sites/districts, state and local designated scenic areas and roads, recreational areas, open space and conservation areas, schools, parks, water resources, military installations, airports or landing strips, cell towers, weather and radar stations 2. detailed description of the potential visibility of each proposed turbine and the methodology used evaluate visibility within the following View Shed Areas and maps of the applicable View Shed Area identifying town and city boundaries, historic sites/districts, state and local designated scenic areas and roads, recreational areas, open space and conservation areas, schools, parks, water resources, military installations, airports or landing strips, cell towers, weather and radar stations 3. View Shed Areas Defined (a) turbine height less than 200 feet- 2 mile radius from each turbine foundation; (b) greater than 200 feet to 400 feet- 4 mile radius from each turbine foundation; (c) greater than 400 feet to 600 feet - 6 mile radius from each turbine foundation; (d) greater than 600 feet- 8 mile radius from each turbine foundation 4. Photographic simulations of the View Shed Area in sufficient number to capture the general visibility of turbines and a map depicting the location for each photographic simulation 5. Any mitigation measures proposed to minimize the visual impact of the project G. NOISE EVALUATION REPORT. The applicant shall submit a Noise Evaluation Report for each proposed wind turbine location and any substation or facility that emits noise in the project. The report shall state the daytime and nighttime base-line noise level at the primary dwelling on an adjoining non-participating parcel, in the event permission for the receptor to be located at the primary dwelling is not granted by the non-participant, then at a point on the property line closest to the primary dwelling; the potential noise level generated by each turbine and when all turbines are operating and inverters and any substation associated with the project; the manufacturer’s technical documentation of the proposed turbines noise levels. The Noise Evaluation Report shall include the projected maximum levels of infrasonic sound, ultrasonic sound, impulsive noise and prominent discrete tones generated and measured at the primary dwelling on the non-participating parcel (or property line receptor if permission not given as set forth above). The report shall include a map depicting the noise study area radius, project boundaries, sound level monitoring locations and the nearest receptor locations. The Noise Evaluation Report shall include any potential mitigation measures to minimize sound levels.

H. SHADOW FLICKER EVALUATION REPORT (WIND). The Applicant for a WECS project shall submit a Shadow Flicker Evaluation Report for each of the proposed turbine locations that includes an analysis of conditions that may cause shadow flicker, the methodology used to evaluate shadow flicker and the manufacturer’s technical documentation relating to shadow flicker. A study area map of the proposed site depicting the shadow flicker analysis area radius, locations of proposed turbines and all off-site (not in the project area) occupied structures and areas of shadow flicker occurrence identified by total annual hours. The Shadow Flicker Evaluation Report shall identify the following with respect to each turbine and any off-site occupied structure located within one mile of the project boundary: distance in feet to the closest turbine; shadow length and intensity, shadow flicker frequency, specific times shadow flicker is expected to occur, duration of shadow flicker in total annual hours. The Shadow Flicker Evaluation Report shall include any mitigation measures proposed to minimize the impact of shadow flicker.

I. TELECOMMUNICATIONS AND WIRELESS SIGNALS REPORT. The Applicant shall submit a Telecommunications and Wireless Signals Report identifying any expected interference with over the air communications and information gathering and provide a verified statement that it will mitigate any such interference. The Applicant will coordinate its report with NOAA and any other agencies dependent on wireless communications that may be affected.

J. NATURAL RESOURCE IMPACT REPORT. The Applicant shall submit a natural Resources Impact Report for the proposed project site. The Natural Resources Impact Report shall include a detailed description of the potential natural resource impacts as a result of the construction, operation, and maintenance of the WECS that includes identification and analysis of (a) topography, geology, vegetation, soil types, water resources including wetlands, avian, terrestrial, and marine wildlife habitats as applicable; (b) compliance with applicable air and water quality standards; (c) compliance with USFWS Land-Based Wind Energy Guidelines as applicable, and (d) compliance with any site specific recommendations made by IDNR or IDEM. The report shall include a study area map with identification of any areas of importance such as bat habitat, flood zones, wetlands and watercourses evaluated in the report. The report shall also include any potential mitigation measures such as open space, erosion control, and habitat replacement to reduce the identified impacts on the project area.

K. COST REIMBURSEMENT. For Tier 1 projects only, an agreement and written undertaking with adequate surety, bond, or other accepted form of adequate financial assurance must be submitted to pay or reimburse the County, the Area Plan Commission, any impacted school corporation, and any other impacted municipal corporation for all expenses incurred by the County, the Area Plan Commission, any impacted school corporation or municipal corporation in evaluating the documents required to be submitted for preliminary and final development plan approval. The costs to be reimbursed shall include expenses and professional fees actually incurred including but not limited to all electrical, structural, mechanical, acoustical and transportation engineers, aviary experts, financial consultants, attorneys and other professionals.

Within forty-five (45) days of submission of an invoice, the Applicant shall pay or reimburse all such expenses. This obligation for payment or reimbursement of professional fees shall continue so long as the WECS-1 is in existence through the completion of decommissioning and its removal.

153.134.03 FINAL DEVELOPMENT PlAN APPROVAL. After approval of the Primary Development Plan, a petition for Final Development Plan approval shall be submitted to the Area Plan Commission and shall include: A. REVISED SITE PLAN. A revised site plan indicating any changes to the site plan submitted for the Preliminary Development Plan Approval.

B. TRANSPORTATION PLAN. A Transportation Plan recommended by the WECS Transportation Committee and approved by the County Commissioners including a form of form of financial assurance acceptable to the County Commissioners for the repair or replacement of all damaged roads, bridges, signage, or other transportation structures during construction, maintenance, and operation.

C. DRAINAGE PLAN. A Drainage Plan approved by the Posey County Soil and Water Conservation District-District Technician and including a form of financial assurance acceptable to the County for the repair or replacement of all damaged drains, ditches, and tiles (if in the public right of way). The Transportation Plan and the Drainage Plan shall state that any newly constructed access roads shall not impede the flow of water and will comply with the County drainage ordinance.

D. SAFETY AND SECURITY PLAN. A Safety and Security Plan which must include adequate provisions for site security and safety, including without limitation the specific protocol, times and contact information for shutting down a wind turbine. If the plan includes using County services, it should include signatures of the proper authorities indicating they are aware of their role and capable of performing it. Coordination with local emergency responders and area hospitals must be included.

E. DECOMMISSIONING PLAN. A Decommissioning Plan to ensure that the project is properly decommissioned.

The Decommissioning Plan must be updated and approved by the Area Plan Commission every five (5) years after the approval of the initial Decommissioning Plan and after any material improvements are added to the project, in the same manner as the initial Decommissioning Plan. The Decommissioning Plan shall include :financial assurance that the project facilities are properly decommissioned upon the end of the project life or abandonment consistent with this Ordinance.

The financial assurance must be provided at the completion of construction and prior to the issuance of any improvement location permit. The obligations with respect to decommissioning shall include removal and proper disposal of all physical material pertaining to the project improvements to a depth of five (5) feet beneath the soil surface, and restoration of the area occupied by the project improvements such that it is suitable for an equivalent land use to what existed immediately before construction of such improvements. The Decommissioning Plan shall include a contractor cost estimate from a licensed engineer with experience in these matters for demolition and removal of similar facilities. The Decommissioning Plan must include proper disposal of all hazardous material and the Operator must provide to the Area Plan Commission the certification of disposal issued by the entity providing the disposal service and/or the receiving disposal facility. All disposal must comply with local, state and federal law, rules and regulations in effect at the time of decommissioning.

F. CONSTRUCTION AND OPERATION BOND. A Construction and Operation Bond that runs from the date of commencement of construction through the tenth (10th) year of operation of the project. The Applicant shall demonstrate that it has the financial resources to construct and operate the project by providing evidence of: (1) adequate funding of one hundred percent (1 00%) of the estimated cost of construction of the project; (2) performance and payment bonds or other sureties from the Applicant and/or major equipment suppliers and contractors; (3) the existence of written warranties from contractors and/or manufacturers which have demonstrated financial ability to repair and/or replace defective work, materials, and equipment; and ( 4) adequate casualty, builders risk, business interruption, and liability insurance for the replacement of the project facilities and the individual components thereof. The Applicant may provide such cost estimates, bids, contracts, warranties, feasibility studies, engineering studies and reports, insurance certificates, loan and other financing commitments to provide the requested information.

G. ECONOMIC DEVELOPMENT AGREEMENT. For any project seeking tax abatement or other economic considerations for the project from government, the Applicant shall submit an Economic Development Agreement approved by the County Commissioners. The Economic Development Agreement must be developed in consultation with the Local Economic Development Organization (“LEDO”) and the County Council. The Economic Development Agreement shall include, as applicable, estimated property taxes and any tax abatement, any economic development payments, estimated lease payments and overall cost and tax revenue impact on the County as well as the estimated current economic impact of the project area in its current use. The Economic Development Agreement may also include a Pro petty Value Guarantee Agreement in the form found in 153.139.

H. ADDITIONAL ASSURANCES. The Applicant shall provide a notarized statement acknowledging and affirming the following with respect to the project: l. All duties and obligations of each of the Applicant, Owner, and Operator shall be joint and several, and shall be binding upon all each of their heirs, successors in interest, and assigns. At least thirty (30) days prior to any transfer of any ownership interest in the project, written notice shall be given to the Executive of the municipality where the project is located and the Area Plan Commission. All bonds, sureties, letters of credit or other financial assurances provided under this Ordinance shall remain in full force and effect upon any transfer, assignment, or conveyance of an ownership interest until the successor in interest delivers an accepted replacement obligation. The transfer, assignment or conveyance of an ownership interest in the project without the advance approval of replacement bonds, sureties, letters of credit or other financial assurances shall constitute a default and shall not relieve the responsible party of liability. However, the transfer of the interest of the Owner(s) shall be allowed without advance approval so long as the bond, surety, letter of credit or other financial assurance posted by the Applicant or Operator covers the successors in interest of the Owner(s ).

2. An Owner, or Applicant, or Operator which violates any provision of this Ordinance (including violations by their agents, contractors or subcontractors) shall be subject to fines and all legal remedies under 153.210 et seq. Any Owner, or Applicant, or Operator or a contractor or agent thereof who engages in any activity prohibited by or under the control of this Ordinance without first obtaining any required approval or permit including but not limited to an Improvement Location Permit or a Certificate of Occupancy shall be subject to fines and all legal remedies under 153.210 et seq.

Each day a violation occurs or continues constitutes a separate offense. The authority to assess fines rests only with the Area Plan Commission. The Area Plan Commission shall also have all recourse to address violations as provided by law.

3. Enforcement of this Ordinance shall be in compliance with Chapter 153.210 of the Zoning Ordinances of

PAGE B6 - THE POSEY COUNTY NEWS

MAY 12, 2020

Court News and Legal Advertising Arrests April 23 Jessica Bryant - Griffin - Warrant, Battery Against a Public Safety Official, Possession of Marijuana (petition to revoke) - PCS Brian Ball - Omaha, Ill., - Warrant, Possession of Methamphetamine, Possession of Marijuana, Possession of Paraphernalia (petition to revoke) - PCS Keegan Davidson - Mount Vernon - Warrant, Maintaining a Common NuisanceControlled Substance, Possession of Paraphernalia (failure to appear) - PCS Tre Kirk - Mount Vernon - Warrant, Theft - MVPD Tre Kirk - Mount Vernon - Possession of Methamphetamine - MVPD

April 24 Troy Stewart - Mount Vernon - Warrant, Possession of Methamphetamine, Possession of Paraphernalia - MVPD April 27 Danny Denison - Aurora - Warrant, Theft - PCS May 1 Sara Ashworth - Mount Vernon - Warrant, Possession of Methamphetamine, Unlawful Possession of Syringe, Possession of Marijuana, Possession of Paraphernalia - MVPD May 4

2020-75 Continued Posey County, as it may be amended.

I. TIME LIMITATION. An application for Final Development Plan approval must be submitted no later than two years after the Preliminary Development Plan approval. If not submitted within two years, the Applicant must re-submit its Preliminary Development Plan for approval before submitting its Final Development Plan. The Applicant may, but is not required, combine its Preliminary and Final Development Plan approval into one submission in that case. No project may exceed the total acreage approved in the Final Development Plan by more than 2% without further approval by the Area Plan Commission.

153.135 IMPROVEMENT LOCATION PERMITS AND COMMENCEMENT OF CONSTRUCTION. After Final Development Plan approval is obtained, but before any construction commences or Improvement Location Permits may be issued, all applicable state and federal permits, approvals and licenses must be obtained (with copies provided to the Area Plan Commission) and all state and federal statutes and regulations must be complied with and the following requirements satisfied: A. INSURANCE REQUIREMENTS. The Owner or Operator of the project shall maintain liability policies covering (1) bodily injury and property damage and (2) environmental contamination arising from construction, operation, maintenance, and decommissioning of the project Limits on the bodily injury and property damage policy shall be of at least $2 million per occurrence and $5 million in the aggregate with a deductible of no more than $20,000 and on the environmental contamination policy shall be of at least $1 million per occurrence and $2 million in the aggregate with a deductible of no more than $50,000. All such policies shall name the County and the municipality in which the project is located as an additional insured and a binder shall be provided annually to the County.

B. SIGNAGE AND CONTACT. The Applicant shall establish a 24-hour toll-free phone number for the registering of complaints and concerns. This number shall be posted at every project service road intersection with a public roadway throughout the project area before Improvement Location Permits are issued and before any construction or earth moving can commence. If legitimate complaints are not remedied within 48 hours the county may address these complaints with any expenses incurred to be reimbursed by the Applicant.

C. PRE-CONSTRUCTION MEETING. The Applicant must attend a Pre-Construction Meeting between the Area Plan Commission Executive Director, Area Plan Commission President, County Building Inspector, and any other public officer or official whose input is deemed appropriate to verify that all requirements in the Ordinance have been met. This meeting shall take place as the final step before construction and all other requirements should already have been met.

Once reviewed, if all requirements have been met, the Applicant may then obtain Improvement Location Permits. If any requirements have not been met, then further pre”construction meetings will be held until it can be verified that the identified issues have been resolved.

D. FEES. All Improvement Location Permit fees must be paid for the entire project before any Improvement Location Permits will be issued. No improvement location permit shall issue if the Applicant has overdue amounts owed to the County.

153.136.01 CONSTRUCTION STANDARDS. Prior to and during construction the Applicant, Owner and Operator shall be responsible for: A. Implementing reasonable dust control measures during construction.

B. Complying with existing septic and well regulation as required by the County Health Department and the Indiana Department of Public Health.

C. Repairing all damages to County owned or regulated or Non-Participating Landowners’ waterways, drainage ditches, field tiles, or any other infrastructures caused by the construction or maintenance of the project. Damages must be completely repaired to original or better condition, and so as not to impede the flow of water. All repairs must be completed in a timely manner and the Owner, Operator, and/or Applicant shall be responsible for loss or damage proximately resulting from its impairment of such drainage structures. All repairs to County regulated drainage structures must be completed within fourteen (14) days.

D. Using concrete armoring techniques at each and every location where County regulated drains and subsurface power transmission lines of any type cross. Unopened bags of premixed concrete shall be laid on top of the transmission lines to cover six inches on both sides of the line and eight feet to each side of the County regulated drain the line is crossing.

Open drain and transmission line intersections where the line is below the invert of the open drain shall be armored using the same technique. Red warning tape (printed with “warning electrical line below’’ or similar language) shall be buried no closer than 12 inches above the actual power line at all crossing locations. The County Surveyor or agent designated by the County Surveyor shall inspect every such crossing before backfilling. Concrete armoring techniques will not be required in cases where directional boring is used. · E. Installing permanent, visible markers where directional boring is used. Markers shall be placed within the line of sight indicating directional changes and borings.

F. Submitting a weekly plan of work detailing where construction and transportation activities will occur to the Area Plan Commission staff, County Highway Supervisor, County Sheriff, County Surveyor, Soil & Water Conservation District, the Superintendent(s) of the School District(s) in which construction is occurring and to the emergency services with jurisdiction over the areas in which construction is occurring. This shall include notification of any oversize or overweight loads entering or exiting the project each day as well as any work on roads, drainage, or access roads.

G. Adhering to the approved Transportation Plan. The County Highway Superintendent and/or appropriate municipal road personnel shall conduct a pre-construction baseline survey to determine existing road conditions for assessing potential future damage. The County Highway Superintendent and/or appropriate municipal road personnel may choose to require remediation of road damage during or upon completion of the project and is authorized to collect fees for oversized load permits. If repairs are not made in a timely manner, the County Highway Superintendent and/or appropriate municipal road personnel is authorized to make repairs and charge the Applicant a fee to cover the costs of repair. Such fees shall be established at the start date of construction and may be revised at three-month intervals. Further, a corporate surety bond shall be required by the County Highway Superintendent and/or appropriate municipal road personnel to ensure the County or affected municipality that future repairs are completed to the satisfaction of the County or affected municipality.

The bond shall not be released at the conclusion of construction of the project, but it may be reduced to cover any damages or losses from the operation and maintenance of the project. If the Applicant or its contractors require material changes from the approved Transportation Plan or if post completion repairs, improvements, or expansions require oversize and overweight loads or involve new routes, an Amended Transportation Plan must be approved in the same manner as the initial plan. Any violation of the approved Transportation Plan may be subject to fines as provided in 153.210 et seq. and in addition, may also be subject to fines established by the governing body having jurisdiction over the roadway(s) affected.

H. Adhering to the approved Development Plans. Any non-material proposed changes,modifications, or amendments to the Development Plans must be approved by the Executive Director of the Area Plan Commission and the Executive Director shall thereafter make report of the non-material changes, modifications, or amendments to the Area Plan Commission. All material changes to the approved Development Plans must be approved by the Area Plan Commission. The Executive Director shall have the authority and discretion, considering all relevant factors, to determine whether the proposed change is material.

153.136.02 DEVELOPMENT STANDARDS A. All installed equipment shall conform to applicable industry standards and the application shall include certificates of design compliance of the proposed equipment from nationally recognized third parties in the business of certifying compliance.

B. All WECS Towers shall be installed with a tubular, monopole type tower. Meteorological towers may be guyed. All WECS Towers shall be uniform in design and appearance.

C. All WECS Towers shall be equipped with a redundant braking system. This includes both aerodynamic over-speed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for over speed protection.

D. All electrical components of the project shall conform to applicable local, state, and national codes, and relevant national and international standards.

E. WECS Towers and blades shall be painted with non-reflective white or gray color. The Applicant shall comply with all applicable Federal Aviation Administration color requirements. No advertising or signage shall be allowed on a WECS Tower, except for manufacturer’s name on the nacelle.

F. A visible warning sign concerning voltage must be placed at the base of all pad mounted transformers and substations.

G. All WECS Tower designs must include features to deter climbing or be protected by anti-climbing devices such as: 1) fences with locking portals at least eight feet high, 2) anti-climbing devices 15 feet vertically from the base of the wind tower, and/or 3) locked wind tower doors.

H. All warning lights in the project shall conform to best industry practices to reduce impacts on migrating birds and other wildlife. No red pulsating incandescent lights or white strobe lights shall be installed. All lighting shall be in compliance with applicable Federal Aviation Administration regulations. All lighting shall be shielded so that no glare extends substantially beyond the boundaries of the project and installed lights shall be Dark Sky certified.

I. At any Non-Participating Landowner’s residential lot, public school, public library, or recreational area within onequarter mile of the project boundaries, for a period of more than 10% out of every hour, the audible A-weighted sound pressure levels as a result of the sound emitted by the project shall not exceed either, the greater of 45 decibels or, 5 decibels above the Ambient Baseline Sound Pressure Level of the project at Critical Wind Speeds. The Ambient Baseline Sound Pressure Level, if used, shall be determined by a baseline acoustic emissions study conducted by the County Area Plan Commission and funded by the Applicant. Measurement of sound and vibration levels shall be conducted adhering to best practices within the applicable industry and in compliance with all other applicable county, state and federal regulations.

J. The maximum WECS turbine shadow flicker experiences at a Non-Participating landowner dwelling shall be zero.

Measurements to assess shadow flicker shall be for all Non-Participating landowner dwellings located within 0.6 miles or 3,168 feet of a turbine. If shadow flicker will exceed this level then a shadow flicker mitigation plan must be submitted for each affected Non-Participating dwelling which shall provide for zero shadow flicker for the affected Non-Participating dwelling.

K. The minimum distance between the ground and any protruding blade(s) utilized on a WECS Tower shall be fifty (50) feet, as measured at the lowest point of the arc of the blades. The minimum distance shall be increased as necessary to provide for vehicle clearance in locations where over-sized vehicles might travel.

153.136.03 SETBACKS AND HEIGHT RESTRICTIONS A. No part of the project shall be constructed in any required setback, dedicated public easement or dedicated public right-of-way without prior written authorization from the County Commissioners.

B. No WECS Tower may be located less than the greater of (a) 2.5 times the height of the WECS Tower including the blade at its highest point or (b) the manufacturer’s recommended setback as determined by a blade throw study performed and certified by a professional engineer to any Non-Participating landowner property line C. No WECS Tower or permanent Meteorological Towers may be located less than 1.5 times the height of the WECS Tower including the blade at its highest point to any residential structure inside or outside the project boundaries.

D. No WECS Tower may be located less than 1.5 times the height of the WECS Tower to a dedicated roadway, railroad right-of-way, overhead electrical transmission or distribution lines.

E. Any WECS project proposed shall not have a project boundary closer than one mile to any municipal boundary line or closer than two miles to any public, private, or parochial school property boundary line. See 153.134.02(D).

F. No Tier 3 WECS Tower may exceed the height restriction in the underlying zoning district.

G. Applicant shall give notice to the owner of any private certified landing strip. Setbacks will be determined based upon the agreement of the landing strip owner, Applicant, and the Area Plan Commission which shall take into consideration the guidelines provided in a U.S. Department of Transportation FAA Advisory Circular dated February 26, 2014, as may be updated. Proof of notice must be included with the Preliminary Development Plan.

H. Allowed Variances. Variances may only be granted for relief from 153.131 (B) or (C). However, the variance application must include an executed agreement between the applicant and all participating and non-participating landowners, municipality, or school district affected by the requested variance prior to consideration of the variance request by the Board of Zoning Appeals.

153.137.01 POST-CONSTRUCTION AND CONTINUED MAINTENANCE

Joshua Hargett - Mount Vernon - Warrant, Dealing in a Synthetic Drug or Synthetic Drug Lookalike Substance - PCS May 5 Michael Liles - Mount Vernon - Public Intoxication, Disorderly Conduct - MVPD May 6 Marcus Harris - Henderson, Ky. - Resisting Law Enforcement - PCS Complaints April 24 12:39 a.m. - Threatening - Caller advised he was stopped at intersection and subject came out was threatening him because he

was driving through the area - Elm/Third, Mount Vernon 1:48 a.m. - Suspicious - two subjects going through his dumpster - Tenth Street, Mount Vernon 3:47 a.m. - Theft - Caller advised vehicle was broken into and his wallet was taken Edson Street, Mount Vernon 4:54 a.m. - Noise Complaint - Male subject is moving the whole house - Fifth Street, Mount Vernon 6:34 a.m. - Suspicious - Advised lady walked up to him while he was in restaurant drive thru, asked him to call 911. She stated that her son wasn’t acting right - Fourth Street, Mount Vernon 10:04 a.m. - Trespassing - Male subject

A. DECOMMISSIONING SECURITY. At the completion of construction but before any commercial operations begins, the Applicant shall secure and provide to the Area Plan Commission a performance bond, surety bond, letter of credit, or other form of financial assurance that is acceptable to the Area. Plan Commission (the “Decommissioning Security”) equal to 125% of the estimated cost of decommissioning the project pursuant to the Decommissioning Plan. The Decommissioning Security, in computing the estimated cost of decommissioning, shall consider and deduct up to 65% of the Net Salvage Value of the project. The amount of the Decommissioning Security shall be adjusted annually by January 31 an amount equal to the increase in the CPI Index. “CPI Index” shall mean the Consumer Price Index for “All Urban Consumers, U.S. City Average, All items,” issued by the Bureau of Labor Statistics of the United States Department of Labor, if discontinued or no longer published, such other governmental index that most closely matches the manner in which inflation had been previously tracked as select by the Area Plan Commission. The Decommissioning Plan and Decommissioning Surety shall be re-evaluated every five (5) years commencing with the operation of the project by a licensed engineer approved by the Area Plan Commission and qualified to provide an estimate of the cost of decommissioning of the project and t Net Salvage Value of the project (the “Decommissioning Engineer”). A new Decommissioning Security in the revised amount, if any, shall be provided within sixty (60) days of the approval of the updated Decommissioning Plan.

B. WASTE REMOVAL. All solid waste whether generated from supplies, equipment,parts, packaging, or operation or maintenance of the facility, including old parts and equipment, shall be removed from the site in a timely manner. All hazardous waste generated by the operation and maintenance of the facility, including but not limited to lubricating materials, shall, be handled in a manner consistent with all local, state and federal rules and regulations.

C. MODIFICATIONS. Any physical modification to the project that alters the mechanical load, mechanical load path, nameplate generating capacity, size or location or major electrical components shall require a new improvement location permit and/or if there is more than a 2% increase in total acreage of the project. Like-kind replacements that do not have the effects listed above do not require new permitting. Prior to making any physical modification (other than a like-kind replacement), the Applicant shall confer with the Building Inspector to determine whether the physical modification requires new permitting.

D. INSPECTIONS. Upon request of the Building Commissioner of the affected governmental unit or the Executive of the affected governmental unit, Operator shall provide an annual inspection report for all facilities in the project to the Building Commissioner and Executive, at Operator’s cost. In addition, the Building Commissioner, approved designees, along with licensed third party engineers/professionals retained by the County for the specific purpose of conducting inspections of the project shall have the right, at any reasonable time and with sufficient prior notice, to accompany the Applicant, or his agent, on the project premises to inspect the project and its construction and maintenance and to identify any necessary repairs. The Applicant of the project may retain a licensed third party professional engineer familiar with the applicable systems to prepare and submit to the County Building Commissioner a written report which addresses the repairs or alterations requested, and which suggest alternate methods for addressing the concerns or provides evidence that said repairs or alterations are unnecessary, within thirty (30) days after receiving notice from the County Building Inspector that repairs or alterations are requested, or within a longer period of time mutually acceptable to both parties. The County Building Inspector will consider any such written report and determine whether the repairs or alterations should be made as originally requested or as suggested in the written report. In the event of a dispute between the County Building Inspector and the Applicant or a third-party professional engineer retained by them, as to the repairs or alterations which are required, the decision of the County Building Inspector shall be final. These inspections do not relieve any liability of the Owner or Operator for damages or injuries arising from or related to the project. The Area Plan Commission Executive Director will inspect and determine compliance with zoning regulations and approved development plans and the Executive Director shall thereafter make appropriate report(s) to the Area Plan Commission for action, if any action is necessary.

E. COMPLAINTS. If, after construction, the Applicant receives a written complaint related to interference caused by WECS with local broadcast residential television, telecommunication, communication or microwave transmissions, the Applicant shall promptly resolve the complaint.

F. AS-BUILT PLANS. The Applicant shall deliver to the Executive Director of the Area Plan Commission and to all providers of emergency services serving the project area a copy of the as-built site map. Upon request by the local fire department, the Applicant shall cooperate with the local fire department to develop or update the fire department’s emergency response plan. Nothing in this section shall alleviate the need to comply with all other applicable fire laws and regulations.

G. RECORD OF GROUND DISTURBANCE AND ROAD USAGE. On completion of construction the Applicant shall submit to the County Surveyor a site map detailing all ground disturbed through construction activity, surface and subsurface as-built infrastructure and all routes over which trucks and equipment traveled. The scale and format of the submitted map shall conform to the County Surveyor’s specifications.

H. LIABILITY FOR DRAINAGE. For a period of five (5) years following the completion of construction the Applicant shall be liable for all costs of repair to county drain tiles, regulated drains and ditches and other county regulated surface and subsurface structures and private tiles located in the public right of way within fifty (50) feet of the routes and disturbed ground. This period shall be extended for any damages occurring as a result of operations, replacement or maintenance of the project after the five year period.

I. ABANDONMENT. A WECS or any individual WECS Tower constituting a portion of the project is presumed at the end of its useful life and/or abandoned if the WECS or the individual WECS Turbine generates no electricity for a continuing period of twelve (12) months. This presumption may be rebutted by submitting to the Area Plan Commission for approval and within ninety (90) days of submission obtaining approval thereof of a plan outlining the steps and schedules for returning the WECS or individual turbine to service. Any WECS or individual turbine or which pursuant to the terms hereof has either reached the end of its useful life and/or is abandoned pursuant to the terms hereof shall be subject to removal pursuant to the Decommissioning Plan.

J. UNSAFE STRUCTURES. Any WECS, WECS Tower, or structure thereof declared to be unsafe by the County Building Commissioner or the Area Plan Commission by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is hereby declared to be a public nuisance and shall be abated by repair or rehabilitation within 12 months or be deemed abandoned and at the end of its useful life and subject to Decommissioning.

Nothing herein prevents the County Building Commissioner or the Area Plan Commission from issuing an immediate cease use order as to any structure that he or she determines is unsafe during the repair or rehabilitation period.

153.137.02 POST CONSTRUCTION MODIFICATIONS. Any post-construction proposed non-material modifications, alterations, expansions, or changes of any type or size to the Final Development Plan must be approved by the Area Plan Commission. All material post construction proposed changes must apply In the same way as a new project. The Area Plan Commission shall have the authority and discretion, considering all relevant factors to determine whether the proposed post-construction change is material.

153.138 NO PREEMPTION. Nothing in this Ordinance is Intended to preempt other applicable state and federal laws and regulations, except to the extent this Ordinance provides higher or more stringent standards.

153.139 PROPERTY VALUE GUARANTEE FORM. The following is the form of Property Value Guaranty to be used by the County Commissioners and the Local Economic Development Organization (LEDO) in the Economic Development Agreement provided for in 153.134.03 (G) if a property value guaranty is a part of the Agreement. The following form of Property Value Guaranty shall be used by the County Commissioners as part of the Economic Development Agreement, if a Property Value Guaranty is included in the Agreement. The County Commissioners shall determine and complete the matters which are left blank in the following form: PROPERTY VALUE GUARANTEE Legal Name of Owner and Operator of the (Legal Name of WECS project) and their assigns and successors In interest (hereinafter jointly and severally referred to as “Guarantor”) agree to guarantee (the “Guarantee”) the value of all owner-occupied residential dwellings owned by all Non-Participating Landowners owners of record (hereinafter referred to individually as “Owner” and collectively as “Owners”) as of the date of the granting of secondary approval of the Development Plan for the [Legal Name] for properties which are located within one mile of a WECS tower as shown on the approved Site Plan contained within the Development Plan In all directions and to guarantee the value of all residential dwellings owned by Owners whose ownership is of record in the office of the Posey County Recorder on the date of the granting of secondary approval of the Development Plan. The location of each Owner of a residential dwelling within one mile of a WECS tower shall be noted on the Development Plan. Within thirty (30) days of the granting of secondary approval of the Development Plan, the Guarantor shall provide each eligible Owner with written notice by certified mail to the Owner’s address as set forth in the property tax records of Posey County describing the terms of the Guarantee. To qualify for the Guarantee each Owner must notify the Guarantor within ninety (90) days of the mailing of the notice of his or her intent to participate, and Guarantor shall thereafter obtain and submit to Owner an M.A.I. appraisal of Owner’s property within sixty (60) days following the date of the Guarantor’s receipt of Owner’s notice. Owner may accept the value of the property based on the appraisal or may obtain his or her own M.A.I. appraisal. If the Owner’s appraisal is less than or within 5% above the Guarantor’s appraisal, the guaranteed value (“Guaranteed Value”) shall be the average of the two appraisals. If the Owner’s appraisal is more than 5% above the Guarantor’s appraisal and the Owner is not willing to accept the Guarantor’s appraisal, the two appraisers shall agree upon a third M.A.I. appraiser, to be paid for 50% by Guarantor and SO% by the Owner, who shall appraise the property and whose appraised value shall become the Guaranteed Value for that property. The period of the Guarantee shall be for a period of ________ years following the issuance of a Certificate of Occupancy for the operation of the [Legal Name] WECS system. The Guarantee shall extend only to Owners of record as of the date of the approval of the Secondary Development Plan for the WECS and not to the assignees or subsequent owners or purchasers. In the event any property covered by this Guarantee is listed for sale by a licensed real estate broker for a period of not less than and during such period, and Owner either does not receive an offer or receives an offer below the Guaranteed Value, Owner, subject to the restrictions below, shall notify Guarantor of the intent to exercise Owner’s right under this Guarantee and within thirty (30) days of the receipt of this notice Guarantor shall do one of the following: A. Authorize Owner to accept the pending bona fide offer and to pay the Owner at closing of the sale the difference between the purchase price set forth in the offer and the guaranteed value.

B. Immediately take steps to purchase the dwelling from Owner at the guaranteed value with such purchase to be completed within sixty ( 60) days of receipt by Guarantor of notice by Owner of Owner’s failure to receive a bona fide offer for the guaranteed value after having listed the property for a period of ________ with a licensed real estate broker.

In any case in which there is a purchase offer pending for which Owner expects to make a claim under this Guarantee, Owner shall provide a copy of such offer to Guarantor. In the event Guarantor is required to purchase Owner’s dwelling, Owner shall convey fee simple title to the property, free and clear of all liens and encumbrances by delivery of a Warranty Deed at closing. At closing Guarantor shall pay for preparation of the warranty deed, vendor’s affidavit, and all title insurance fees, closing fees, and all survey expenses if it is necessary to subdivide the dwelling from other real estate of the Owner. Guarantor’s obligations hereunder are hereby expressly made contingent upon Owner: performing routine maintenance and repairs on the dwelling; the dwelling or property being in the same condition on the date of sale as it was on the date first appraised hereunder; the delivery of the property free and clear of all liens and subject only to such easements and other encumbrances commonly accepted in residential real estate transactions; and Owner conveying fee simple title to the dwelling or property to Guarantor by recordable Warranty Deed at closing. All notices to Owner and Guarantor shall be to the address of Owner and Guarantor as listed on the property tax records of Posey County.

The following fee schedule is for informational purposes only as the fee schedule is set by the Posey County Area Plan Commission AMENDMENT TO FEE SCHEDULE: The following fees shall be added to the Posey County Area Plan Commission Fee Schedule for 2020: WECS • WECS Tier 1 $20,000.00 plus $1,700.00 per megawatt • WECS Tier 2 $ 7,000.00 • WECS Tier 3 $ 800.00 ORDAINED AND PASSED by the Posey County Commissioners, Posey County, Indiana this 6th day of March 2020.

Posey County Commissioners Posey County Indiana Carl A. Schmitz Jay Price Attest: Maegan Greenwell, Auditor Published in the Posey County News on May 12, 2020 - hspaxlp

THE POSEY COUNTY NEWS - PAGE B7

MAY 12, 2020

Lincoln Amphitheatre to Debut “Amp Unplugged” Series with Livestream from Lincoln City The Lincoln Amphitheatre will debut a small series called “Amp Unplugged” on Saturday, May 16, 2020—the Amphitheatre’s originally-scheduled opening night. The event will feature the talent of One Pulse Entertainment live-streaming a full band performance featuring a wide range of music genres from Lincoln City via the Lincoln Amphitheatre’s Facebook platform. The performance will begin at 7 p.m. with the virtual doors opening at approximately 6:30 p.m. All times listed are central.

No strangers to Lincoln City, One Pulse Entertainment, featuring Jenn Cristy and Eric Brown, was the headliner of the Lincoln Amphitheatre’s 2019 sold-out tribute to Woodstock. Jenn has toured with John Mellencamp, and Eric is a phenomenal performer, guitarist, and talent in his own right. The evening’s livestream (and all future 2020 Amp Unplugged events) is presented by Kyana Woodstock…One More Day of Peace and Music.

“Amp Unplugged events will be announced in two-week increments. If future CDC and state guidelines allow for small gatherings to take place as we hope they will, we will sell

the allowed amount of tickets. If future guidelines do not allow for small gatherings to take place, we will livestream the Amp Unplugged programming,” said Marc Steczyk, director of the Lincoln Amphitheatre. “Now more than ever, our region and our supporters need the relief that performing arts can bring and we are going to adapt as much as we possibly can to try and fill that void—if only virtually for the time being.”

If not already following the Lincoln Amphitheatre on Facebook, visit www.facebook. com/AMPatLSP. About the Lincoln Amphitheatre As one of the largest fully-covered amphitheaters in the United States, Lincoln Amphitheatre is a majestic 1,500-seat venue located within Lincoln State Park in Lincoln City, Indiana, the boyhood home of Abraham Lincoln. The venue is under the management of the Indiana Office of Tourism Development. For additional information, call 1-844-205-4ABE or email lincolnamphitheatre@visitindiana.com.

Court News and Legal Advertising keeps coming to the residence. Caller states son has tried to file a restraining order - Sawmill Street, Mount Vernon 10:46 a.m. - Suspicious - Male subject laying on ground and another subject just took something from the man.

10:50 a.m. - Subject advised a male subject approached male on ground and took off running towards school building. Says subject on ground, his lips are turning blue. Says he’s on something - Locust Street, Mount Vernon 12:51 p.m. - Suspicious - White Dodge van, male subject is changing clothes in his vehicle - Eighth Street, Mount Vernon 9:32 p.m. - Trespassing - Caller advised subject sleeping in a car in his backyard.

Caller advised has told subject to move the vehicle out of his yard - Third Street, Mount Vernon 11:13 p.m. - Suspicious - Male subject is on property and is banned. Possibly with two other subjects breaking into vehicles - Green Valley, Mount Vernon 11:52 p.m. - Suspicious - Male subject riding around the area on bicycle yelling someone was after him - Main Street, New Harmony

6:11 p.m. - Noise Complaint - Caller advised loud music coming from the shed at a residence - Short Street, New Harmony 6:30 p.m. - Message - Advised her car was broken into last night around 10:25. Today she found out who it was and the person who did it texted her and told on himself - Green Valley Drive, Mount Vernon 11:49 p.m. Noise Complaint - Advised female and male subjects are moving cabinets and disturbing caller. Caller said that she is turning on her radio in her kitchen. Wants officers to go there and tell them to knock it off - Fifth Street, Mount Vernon

April 25 12:42 p.m. - Message - Caller advised she has a protective order against male subject. Advised has been posting about her on Facebook. Request to speak with an officer - Third Street, Mount Vernon 12:58 p.m. - Suspicious - Male laying in grass, wearing gray hoodie, with hands on his head - Broadway, Mount Vernon 1:16 p.m. - Trespassing - Caller advised male subject is on the property. Advised has been banned from the property. Manager wanting him removed - Green Valley Drive, Mount Vernon 1:51 p.m. - Hit and Run - Someone sideswiped her vehicle in front of her residence - Lawrence Drive, Mount Vernon 2:23 p.m. - Violation of Restraining Order - Advised male subject is on property getting stuff out of garage. Leaving now in Ford Ranger with white camper shell - Cox Road, Mount Vernon 2:31 p.m. - Message - Want to speak with officer reference her and husband are going through divorce and it’s getting very argumentative at the house. Wanting to know her options since she has nowhere else to go Carrie Lane, Mount Vernon 4:45 p.m. - Harassment - Advised exboyfriend was following her but turned off.

Wants to speak with officer - Lee Drive, Mount Vernon

April 27 1:54 p.m. - Controlled Substance Problem - Family member tried to smuggle a joint and lighter to a resident. They have it at the front office - Country Club Road, Mount Vernon 4:08 p.m. - Theft - Kawasaki UTV sideby-side was stolen on April 3 - Welborn Road, Mount Vernon 5:36 p.m. - Theft - Someone stole mail from her mailbox - Nation Road, Mount Vernon 5:47 p.m. - Breaking and Entering - Possibly a subject in the attic - Eighth Street, Mount Vernon 6:02 p.m. - Theft - 200 gallons of diesel fuel - Donner Road, Mount Vernon 6:27 p.m. - Message - Advised calling for mother. Advised mother’s neighbor has poisoned mother’s dog - Sailor Road, Mount Vernon 7:12 p.m. - Assault - Advised subject assaulted her. Caller states subject hit her and caller hit her back - Wolflin Street, Mount Vernon

April 26 12:22 a.m. - Suspicious - Male subject walking around 300 block with flashlight toward houses and windows - Lincoln/Jefferson, Mount Vernon 11:39 p.m. - Suspicious - Someone banged on door and there are two wet footprints.

Neighbor dog is barking - Dogwood Place, Mount Vernon 11:49 p.m. - Juvenile Problem - States juveniles are outside playing basketball. Says she is trying to go to sleep and they are being loud - Davis Drive, Mount Vernon

April 28 1:03 a.m. - Vandalism - Open door on vehicle - Southwind Avenue, Mount Vernon 3:31 a.m. - Suspicious - Advised someone knocked on his back door. Said he asked who was there and no response - Second Street, Mount Vernon

2020-76 PUBLIC NOTICE FOR PUBLIC HEARING The Town of Poseyville applied to the Indiana Office of Community Rural Affairs for a grant from the State Community Development Block Grant (CDBG) COVID-19 Response Program. This program is funded by Title I of the federal Housing and Community Development Act of 1974, as amended. The funds will be utilized to administer grants to businesses in the corporate limits of The Town of Poseyville that employ at least 51% Low-to-Moderate Income persons in jeopardy of losing their job without grant assistance. The total amount of CDBG funds to be requested is $150,000. The amount of CDBG funds proposed to be used for activities that will benefit low- and moderate-income persons is at least $76,500 (51%). There are no additional local funds being spent for this program.

Town of Poseyville will hold a virtual Zoom public hearing on May 26, 2020 at 2:00 P.M. (local time), at https://us02web.zoom.us/j/89904104549 or by calling the conference number (312) 626-6799 and entering passcode 89904104549 to provide interested parties an opportunity to express their views on the proposed federally funded CDBG project. Persons with disabilities or non-English speaking persons who wish to attend the public hearing and need assistance should contact Debbie Bennett-Stearsman (812) 423-2020 not later than May 20, 2020. Every effort will be made to make reasonable accommodations for these persons.

Information related to this project will be available for review as of May 15, 2020 at www.southwestindiana.org or by emailing dbennett@southwestindiana.org. Interested citizens are invited to provide comments regarding these issues either at the public hearing or by prior written statement. Written comments should be submitted to Debbie BennettStearsman, Economic Development Coalition of SW Indiana, 318 Main Street, Suite 400, Evansville, Indiana 47708 or by email to dbennett@southwestindiana.org no later than May 26, 2020 in order to ensure placement of such comments in the official record of the public hearing proceedings. A plan to minimize displacement and provide assistance to those displaced has been prepared by Poseyville and is also available to the public. This project will result in no displacement of any persons or businesses. For additional information concerning the proposed project, please contact the Community Development Division of the Economic Development Coalition of Southwest Indiana, 318 Main Street, Suite 400, Evansville, Indiana 47708 or (812) 423-2020.

Published in the Posey County News on May 12, 2020 - hspaxlp

2020-67 TO THE OWNERS OF THE WITHIN DESCRIBED REAL ESTATE AND ALL INTERESTED PARTIES NOTICE OF SHERIFF’S SALE Sheriff Sale File number: 65-20-0026-SS Date & Time of Sale: Thursday, May 28, 2020 at 1:00 pm Sale Location: Posey County Sheriff’s Office lobby, 1201 O’Donnell Road Judgment to be Satisfied: $65,084.64 Cause Number: 65D01-1907-MF-000308 Plaintiff: LEGENCE BANK Defendant: ANDREA HOWARD F/K/A ANDREA FALLOWFIELD and ET AL. By virtue of a certified copy of a decree to me, directed from the Clerk of Superior/Circuit Court of Posey County County Indiana, requiring me to make the sum as provided for in said DECREE, with interest and cost, I will expose at public sale to the highest bidder at the date, time and location listed above, the fee simple of the whole body of Real Estate, a certain tract or parcel of land described as follows: Lot No. 4 Block A, located in Williams Fourth Addition to the Town of Poseyville, Indiana. Also, Lot Number Three (3) in Williams Fourth Addition to Poseyville, Indiana. Subject to any easements, rights-ofway, restrictions or any prior conveyances and reservations of record.

Commonly Known as: 92 EAST OAK STREET, POSEYVILLE, IN 47633 Parcel No. 65-23-20-220-008.000-012 AND 65-23-20-220-007.000-012 Together with rents, issues, income and profits thereof, this sale will be made without relief from valuation or appraisement laws. In accordance to the requirements of IC 32-29-7-3, this Notice shall also represent service of Notice of Sale of this real estate upon the owners. * An entire Sheriff’s Sale may be cancelled due to inclement weather or other county emergencies. If the entire Sheriff’s Sale is cancelled, each parcel will be cancelled. Each parcel will be assigned to the next available sale (normally 2 months from original sale). This will allow compliance with Indiana Code concerning posting, publication, and serving time frames.

Also, new Sheriff’s Sale fees will be assessed and the parcels will be automatically re-advertised. The plaintiff will be responsible for the new fees and advertising costs.

Rhonda S. Miller, Plaintiff’s Attorney Thomas E. Latham, Sheriff Attorney No. 22872-42 Smith & Miller LLP By: Erin Fuelling, Administrative Assistant PO Box 3435 Phone: 812-838-1321 Carbondale, IL 62902 (812) 882-0222 Robb Township The Sheriff’s Department does not warrant the accuracy of the commonly known address published herein.

Published in the Posey County News on April 28, May 5, May 12, 2020 - hspaxlp

2:28 p.m. - Theft - Caller advised a female subject stole several items from her residence yesterday. She is wanting to press charges - Wolflin Street, Mount Vernon 5:17 p.m. - Threatening - Caller advised she cleans apartments and was just threatened by a male - Saint Francis Street, Poseyville 6:09 p.m. - Controlled Substance Problem - Was mowing and found a crack pipe. Wants deputy to pick it up - Holler Road, Mount Vernon 9:18 p.m. - Assault - two teenagers assaulted caller’s father. Unsure if he needs medical attention - Second Street, Mount Vernon 11:36 p.m. - Suspicious - Caller advised neighbor is shooting guns in the area and caller thinks he was shooting in his direction.

Subject is now crawling in the yard and in the woods - Darnell School Drive, Mount Vernon April 29 2:20 p.m. - Message - Wants to speak with Animal Control Officer reference exwife has caller’s do and is going to take it to the shelter without his permission - Second Street, Mount Vernon 5:38 p.m. - Threatening - Caller advised female subject was screaming and threatening caller. She is requesting an officer - Main Street, Mount Vernon 6 p.m. - Information Report - Male subject with shirt unbuttoned, pants down, wearing black cowboy hat, exposing himself - I-64/ State Line, Griffin 8:27 p.m. - Domestic Violence - Caller advised boyfriend will not get out of her vehicle - Taylor Avenue, New Harmony

10:01 p.m. - Criminal Mischief - Teenagers walking around the subdivision late at night, ding dong ditching. Has video - Woodstone Lane, Mount Vernon April 30 12:50 a.m. - Unauthorized Control of Auto - Teenage son took caller’s 2007 white Chevy Monte Carlo. Left an hour ago. Unknown destination, he snuck out - Old Orchard Road, Mount Vernon 4:04 a.m. - Message - Caller advised believes someone is letting his dog off the chain. States that if this keeps happening there will be a real problem and says that when he finds out who it is there will no longer be a problem - Main Street, Griffin 7:36 p.m. - Suspicious - Caller advised male subject out of abandoned house in an all black suit - Eighth/James, Mount Vernon 9:48 p.m. - General Complaint - Male subject is drunk and has been verbally abusing caller. Caller is requesting an officer come to speak to her about domestic violence.

Has been physical in the past - Ninth Street, Mount Vernon Superior Court Civil Hoosier Accounts Service v. Rebecca Seitz Cavalry SPV I, LLC as assignee of Citibank, N.A. v. Jason Wyatt Andrea Howard v. Frey Farms Holdings, LLC, Renee Goodwin Tateon Prusaczyk, Angel Prusaczyk v.

General Motors, LLC Cynthia Lupinsky v. Griffin Christian Church

2020-71 NOTICE TO TAXPAYERS OF HEARING ON PROPOSED CUMULATIVE CAPITAL DEVELOPMENT FUND Notice is hereby given to the taxpayers of the Town of Cynthiana, Posey County, Indiana, that the Town Council of the Town of Cynthiana will consider at Town Hall, which is located at 10765 Main Street, Cynthiana, at 7 o’clock pm on June 1, 2020, the reestablishment of a Cumulative Capital Development Fund under the provisions of Indiana Code 36-9-15.5 for the purposes as follows: For all uses as set out in Indiana Code 36-9-15.5.

The tax will be levied on all taxable real and personal property within the taxing district and will not exceed five cents per $100 of assessed valuation. The proposed fund will be levied beginning with taxes due and payable in the year 2021. Taxpayers appearing at such hearing shall have the right to be heard thereon. The proposal for the reestablishment of the Cumulative Capital Development Fund is subject to approval by the Department of Local Government Finance.

Within 30 days after the date of the adoption of the cumulative fund by the Town Council of the Town of Cynthiana, the Town of Cynthiana will publish a Notice of Adoption.

Upon publication of the Notice of Adoption, 50 or more taxpayers in the taxing district may file a petition with the County Auditor not later than noon 30 days after the publication of the Notice of Adoption setting forth their objections to the proposed fund.

As of April 24, 2020, both federal and state rules and regulations, including but not limited to Executive Orders from Governor Holcomb, enacted in response to COVID-19 and pertaining to: (1) local government operations and (2) staying at home; are set to expire before the public hearing. Therefore the meeting will be held in person. However, if the relevant rules and regulations are extended to June 1, 2020, or beyond, instructions on how to participate electronically/remotely will be provided on the Town’s Facebook page, which is https://www.facebook.com/Town-of-Cynthiana-425829967499043 and on the Town Attorney’s Facebook page, which is https://www.facebook.com/SpindlerLaw. Dated this 24th day of April 2020.

Jason Spindler Attorney for the Town of Cynthiana Published in the Posey County News on May 5, May 12, 2020 - hspaxlp

2020-74 REQUEST FOR PROPOSAL TOWN OF POSEYVILLE In order to assure compliance with the Indiana Office of Community and Rural Affairs (OCRA) and related requirements regarding competitive negotiation of grant administration services, TOWN OF POSEYVILLE is seeking Proposals for the provision of the services described below relating to COVID-19 response grant funding.

Description of Services Needed The Town of Poseyville has been impacted by the COVID-19 pandemic and received funding from the Indiana Office of Community and Rural Affairs. TOWN OF POSEYVILLE received $150,000 for an economic development grant and is seeking grant administration services for said grant. The Town of Poseyvill anticipates the grant administration to be $3,750 or less.

Type of Contract Town of Poseyville will execute a firm, fixed-price type of contract for these services that is contingent on the final commitment of grant funding. All services will be delivered for the agreed upon price.

Federal Requirements Prospective offerors should note the successful proposer must meet the following terms and conditions: 1. 24 CFR Part 85.36.

2. Title VI of the Civil Rights Act of 1964.

3. Conflict of Interest (24 CFR Part 570).

4. Access to records.

5. Executive Order 11246 - Equal Employment Opportunity 6. Executive Order 12138 - Women Business Enterprise Policy.

7. Architectural Barrier Act of 1968.

8. Age Discrimination Act of 1975.

9. Section 3 Clause - Housing and Urban Development Act of 1968.

10. Section 504 - Rehabilitation Act of 1973.

11. Retention and Custodial Requirements (24 CFR Part 85.42).

12. Executive Order 11063.

13. Affirmative Action Program / Plan.

14. Davis Bacon and Related Acts.

Proposal Content The proposal should include the following: 1. A description of expertise, experience and resources directly relevant and available for the proposed project.

2. A list of similar projects previously completed.

3. A list of references.

4. Resumes of professional staff members that will work on this project.

5. Name of person to be in charge of project.

6. Description of scope of services as per “Description of Services Needed” and proposed prices as per “Type of Contract”.

7. A project time line.

8. Proposed Fee for Providing Services The proposal shall also provide the following information: name, title, address and telephone number of individuals with authority to negotiate and bind the proposer contractually, and who may be contacted during the period of proposal evaluation.

Award of Contract Proposal Evaluation criteria shall include: 1. Specialized experience or technical expertise of the organization and its personnel in connection with the scope of services to be provided and complexity of the project. (20%) 2. Past record of performance on contracts, including quality of work, timeliness and cost control. (20%) 3. Capacity of the organization to perform the work within time limitations, taking into consideration the current planned workload of the firm. (20%) 4. Familiarity of the organization with this type of project or problems applicable to the project. (20%) 5. Cost. (20%) If you are interested in providing the required services, please note that one copy of the Proposal must be received by Town of Poseyville no later than 4:00 PM local time on May 26, 2020 via email to Poseyville Town Council President, Bruce Baker bbaker@csbswin.com. Each Proposal will be reviewed for completeness and clarity according to the above criteria.

Interviews are expected to be held the week of June 7, 2020.

Town of Poseyville may or may not negotiate the fee schedule with one or more offers. Town of Poseyville reserves the right to reject any and/or all proposals. Town of Poseyville is an Equal Opportunity Employer. The contract is tentatively scheduled to be awarded by Town of Poseyville on June 27, 2020. Offerors may desire additional information, a site visit or clarification regarding the Proposal. If so, please contact Poseyville Town Council President, Bruce Baker between 8:00 AM – 4:00 PM local time at (812) 874-2211.

Published in the Posey County News on May 12, 2020 - hspaxlp

C

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Saint Wendel Catholic School is hiring a

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WEDNESDAYS IN MAY, 1-3PM Join us online: https://bit.ly/2UVZUgJ Meeting ID: 648 294 025 Password: 5Yysp2 If your computer does not have audio call (415) 762-9988 AND follow the verbal instructions.

Each 2-hour class covers complementary food and garden topics to help you take your food from soil to kitchen. All led by Purdue Extension – your community resource.

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RSVP is appreciated.

May 6 Straw Bale Gardening & Agribility May 13 Growing & Preserving Herbs May 20 Composting & Food Waste May 27 Growing Strawberries & Making Jams and Jellies

Purdue University is an equal opportunity/equal access/affirmative action university. If you are in need of accommodations to attend this program, please contact the Purdue Extension-Knox County Office 10 business days prior to the meeting 812-882-3509.

Sudoku and Crossword Puzzle Newspaper_FullPage_Color.indd 5

The solution to last week’s puzzles:

CLUES ACROSS 1. Administrative Review Board 4. Not worried 8. Rowan Atkinson played him 10. Stars 11. Indian city 12. North American nation 13. He partnered with Garfunkel 15. Understood 16. Foe 17. Jewish state 18. 2015 postseason hero 21. Largest English dictionary (abbr.)

22. Goddess of the dawn 23. __ Squad 24. Belonging to a thing 25. Food-related allergic reaction (abbr.)

26. Car mechanics group 27. Exceed in weight 34. Deserved 35. Singer Thicke 36. Clemencies 38. Critique 39. Resented 40. Type of tissue 41. Passages 42. It comes in a can 43. His heart is in San

5/1/2020 12:11:45 PM

Francisco 44. Retirement account CLUES DOWN 1. Belittled 2. Actress King 3. They pour drinks 4. Communicates 5. Take advantage of 6. Take on cargo 7. A stiff drink 9. Actress Watts 10. Natives of the American Southwest 12. Covered 14. The Science Guy Bill 15. Soviet Socialist Republic

17. Contraceptive device 19. Unfastened 20. __ student, learns healing 23. Ties the knot 24. Actor McKellen 25. Optical phenomenon 26. Turf 28. Foot (Latin) 29. Flub 30. Birds settle here 31. Calculator 32. Herbal tea 33. Catch 34. Pitcher Santana 36. Not for vegetarians 37. Japanese novelist

Sudoku of the Week

5/12

PAGE B9

MAY 12, 2020 - THE POSEY COUNTY NEWS

YOUR NEWS IS ALWAYS WELCOME HERE! 812-682-3950

Jane and Kevin Swartz, of Evansville, took advantage of the beautiful May day on Saturday to read a book and get in a little fishing at Harmonie State Park’s Wabash River Boat Ramp. Kevin laughs, “The fish aren’t biting, but I’m still throwing it in.” Photo by Theresa Bratcher

The Acropolis food truck, parked at Mount Vernon’s riverfront, offered a great selection of greek food last Tuesday afternoon. The lines were long, but people were happy to wait. Photo submitted

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PAGE B10 - THE POSEY COUNTY NEWS

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