“Our liberties we prize, and our rights we will maintain.”
(USPS 439-500)
Since 1882 ~ Successor to The Poseyville News and The New Harmony Times • New Harmony, IN
Tuesday, July 9, 2013
Posey County’s locally-owned newspaper
$1.00
Volume 133 Edition 28
New Harmony trail moves to County Commissioners By Valerie Werkmeister Who owns South Road in New Harmony? The debate over the ownership of South Road and whether it is recognized as a county road continued as Posey County Commissioners heard a request from attorney Beth McFadin Higgins to plan a public hearing regarding the matter. The road is at the center of controversy in New Harmony over the proposed development of a trail project. There are some who feel the continuation of Phase II of the trail project is a vital necessity to the town’s tourism and economic industry. There are others who oppose the project and are worried about the increased traffic near their property and fear lower property values as a result. The two sides often clash as emotions run high over the project. Higgins advised the commissioners of the procedure and protocol since they had received a petition to vacate the road on June 17. She advised their next point of business regarding the matter would be to set a public hearing. She further stated there is clear case law which states if the road is vacated, the owners adjacent to the road would then have their land extend to the center of the road. “We don’t know that we own the road,” Commissioner Jim
Alsop stated. “We have a judge that says we do against the State of Indiana that says we don’t own the road. We don’t want to vacate or not vacate a road that we do or do not own.” Higgins stated she would share information that may be helpful to the case with the commissioner’s attorney, William H. Bender. David Flanders, a New Harmony resident and business owner advised the commissioners that the New Harmony Parks Board voted on June 27, in a special meeting to proceed with the trail project. This is despite the fact that the New Harmony Town Board has changed their 2008 decision to annex South Road within the town. The initial proposal to the Indiana Department of Natural Resources indicated the town had agreed to annex the road. Nancy DeFries spoke to the commissioners advising that she did not want the road vacated as it is the only access she has to her property. The commissioners agreed research on the subject is necessary prior to setting a public hearing date. Attorneys Higgins and Bender agreed to confer on the matter. Once their work has been completed, a public hearing notice will appear in the newspaper.
Brian Hirshberg, a representative from Proliance Natural Gas, gave a brief market analysis on pricing. He anticipates a dip in pricing may occur this fall and recommended the commissioners wait to lock in natural gas pricing until that time. The commissioners agreed and asked him to return during their September 17, meeting. Posey County Auditor, Nick Wildeman, informed commissioners of an impending $5 increase per parcel on tax sale properties facilitated by SRI. The new increase will reflect a $100 per parcel cost. Commissioners are considering a new ordinance, #2013-0702-01 regarding mobile homes and recreational vehicles. The new ordinance will stipulate that new mobile homes will need to be placed on a 24-inch concrete base. Existing mobile homes will be grandfathered in. The commissioners did not take any action on the ordinance in order to allow attorney William H. Bender time to review. It was tabled until their next meeting on July 16. Battieger also gave the commissioners several status updates on properties in violation of the county’s nuisance violation. In
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Posey man dies in St. Philip crash
Royalty for the Posey County Fair was crowned on Saturday evening. Left to right are Duchess Arionna Collins, Queen First Run-
ner-up Cassie Kietel, Queen Brianna Perry, Teen Queen Lexie Fifer, and Princess Julia Kingery. Photo by Dave Pearce
Court of Appeals upholds Posey decisions
By Dave Pearce The Indiana Court of Appeals affirmed two major decisions and sentencings this week that originated in Posey County. On June 27, 2013, the Indiana Court of Appeals issued a decision affirming the conviction and 60-year prison sentence of Timothy Alex Lear for the murder of his 4-month-old son, Bryson Clardy. Lear was convicted on July 20, 2012, by a Posey County jury. Forensic Pathologist Dr. E. Allen Griggs testified at trial that the young child had 13 separate injuries, including a spiral fracture to the right arm caused by a violent twisting motion. Griggs also testified that the injuries to the child’s brain were consistent with what may be found in a serious car crash. Dr. Tara Harris, a Child Abuse Pediatrician from Wishard Memorial
Hospital in Indianapolis, testified likewise that the injuries to the child’s brain were consistent with a violent shaking and could not have been caused by Lear falling with his son as he claimed. Posey County Prosecutor Travis Clowers, stated that he was “pleased with the Court’s decision, and hoped that this would bring a measure of peace and closure to Bryson’s family.” In another major case, this one involving a drug conviction and sentencing, the Indiana Court of Appeals affirmed the conviction and sentence of Michael Chamlee for Dealing in Methamphetamine, issuing its decision on July 3, 2013. Chamlee was found guilty after a bench trial held in the Posey County Superior Court on November 7, 2012.
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Mount Vernon honored by Arts Council of SW Ind. By Dave Pearce The biggest news of the evening took little time to announce at the July 1 meeting of the Metropolitan School District of Mount Vernon. Members of the Mount Vernon School Board were made aware at the 6 p.m. meeting that the Mount Vernon High School Fine Arts Academy was recently chosen as a recipient of the 2013 Regional Arts Award sponsored by the Arts Council of Southwestern Indiana. In a relatively short period of time, the Metropolitan School District of Mount Vernon handled routine personnel matters and established lunch prices for the upcoming school year. The meeting was held at the Media Center at the Mount Vernon Junior High School. Among personnel issues, the board approved the appointment of Ra-
chel Lynaugh Lockhart as the Department Chair for Special Education at Mount Vernon Junior High School. The board also accepted the immediate resignation of Cory Mullins. Mullins was band director, assistant instrumental. He will also be leaving his band teaching position. The board also confirmed the employment of Ellen Gottman as an assistant volleyball coach and Kenton Mahoney as an assistant football coach at Mount Vernon Junior High School. The board also accepted recommended bids for cafeteria food and supplies for the upcoming school year along with approving the prices for lunches for this year.
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By Dave Pearce The Posey County Sheriff’s Department has completed its investigation of a single-vehicle accident this week that resulted in the death of the driver, Zachary Lear. On Wednesday evening, at approximately 9 p.m., Posey County Sheriff’s Deputies and emergency personnel were dispatched to St. Philips Road just north of the Bohleber Road intersection. According to Posey County Sheriff Greg Oeth, upon arrival his deputies found a 1991 Red Chevrolet S-10 truck had left the roadway and impacted a tree. The driver was the single occupant of the vehicle, and had to be extricated from the vehicle by Marrs Township Fire Department personnel. Posey County EMS paramedics and fire department medics were unsuccessful in their resuscitation efforts. The driver was identified as Zachary Robert Lear (age 33), of Mount Vernon. Lear was pronounced dead at the scene by Posey County Coroner Jay Price. Lear’s body was removed from the scene by the coroner and transported to the Vanderburgh County Morgue for a post-mortem examination. According to Price, the autopsy revealed no medical explanation for the accident and still leaves a lot of questions but the questions will likely never be answered. Preliminary investigations found that Lear was not wearing a seat belt, and deputies believe the speed of the vehicle and alcohol were contributing factors in the cause of the crash. Oeth indicated that the investigation is complete and his department is waiting on toxicology reports to close the books on this accident. The Posey County Sheriff’s Department was assisted in this investigation by members of the Marrs Township Fire Department, Posey County EMS, and Posey County Coroner’s Office.
Goebel is Elizabeth D. Baier Youth Spirit award winner
Steve Bennett, left, congratulates Olivia Goebel on her selection as 2013 recipient of the Elizabeth D. Baier Youth Spirit Award. Photo Submitted
ThePCN
Olivia Goebel, a student at North Posey Senior High School, has been selected as the recipient of the Elizabeth D. Baier Youth Spirit Award for 2013. The Award, in the amount of $500, is given annually to a high school junior who resides in Posey County and who is involved in community activities in Posey County. The Elizabeth D. Baier Youth Spirit Award was created in September 2007 in honor of Elizabeth D. Baier’s 25th Anniversary as Executive Director of the United Way of Posey County. Michelle Hudson, chairperson of the selection committee, said, “The United Way of Posey County wanted to recognize Elizabeth for her service to the United Way, but we also wanted to honor her for her many years of leadership, community involvement, and volunteer services to Posey County. An award recognizing exemplary volunteerism by young people had been a dream of Elizabeth’s for many years, so the creation of the Youth Spirit Award in her name seemed to be the perfect way to honor her.” Olivia is the daughter of Bernie and Elaine Goebel and is
Inside this issue... Retrospective ................... A4 Community .......... A5 Social ...................... A6 Legals .......................... B4 Deaths ................ A3 Sports .................. B1-3 Classifieds ..................... B5-6 Church .................. A7 Bus/Ag ............. A8
involved as a volunteer and leader in many school, church, and community activities, including student council, FFA, 4H, and Big Brothers Big Sisters. As a mentor through the PEERS Project at school, she has spoken with middle school students to help provide guidance concerning drugs, alcohol, sex, and social media. Olivia is a three year member of North Posey Student Council, through which she has encouraged fellow students to get involved in community service. As a member of the Student Council, she participated in the Read to Succeed Project, which emphasizes to elementary school students the importance of reading and education. Olivia is a member of the National Honor Society, which at North Posey High School, has a focus on volunteerism. As a member, she has volunteered at and done fundraising for different organizations, including the Evansville Rescue Mission. Olivia says that most rewarding for her has been volunteering at a New Harmony nursing home,
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