If you plan to travel north, then return to Fishers Saturday, be aware of a lane closure on south-bound I-69 Saturday.  Here is the information, courtesy of a news release from the Indiana Department of Transportation, posted below.

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Weather permitting, construction contractors plan to close the right lane of southbound Interstate 69 during daylight hours on Saturday (June 17) for pavement repairs between State Road 9/Scatterfield Road (Exit 226) and State Road 38/Dr. MLK Jr. Blvd. (Exit 222).

Crews plan to close the right lane of southbound I-69 starting at 6 a.m. near mile 223 to remove and repave sections of asphalt pavement. The lane is expected to open before 6 p.m. on Saturday. 

Motorists should be alert for workers in the area, avoid distractions, abide by reduced work zone speed limits, and keep a safe following distance. Posted and electronic message signs will be used to alert drivers of construction. Motorists, especially those with local destinations, should consider alternate routes to avoid potential backups and delays.

A major remodeling of the Hamilton Southeastern (HSE) Schools Administration Building will begin this summer, requiring a change of venue for the regular school Board meetings.  Starting in July, HSE Board sessions will be held at the Hamilton Southeastern High School LGI Room, which can be accessed through Door #2, facing Olio Road.  Meetings will return to the Administration Building in November, as the schedule stands now.

CEDIA, an organization involved in home technology, has announced plans to construct a new building in Fishers.  Below is a copy of the news released issued by the company:

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Ever see someone driving a golf cart in your neighborhood?   Ever wondered whether it is legal to do so?

It can be legal, but the City of Fishers has set some stringent guidelines that must be met before a golf cart can be legally driven on a specific neighborhood’s streets.

Below is important information from the Fishers Police Department:

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The Fishers Police Department would like to remind residents of the city’s local ordinance concerning the use and operation of golf carts. Fishers’ City Ordinance No. 090214D (codified at §94.02 of the Code of Ordinances) authorizes the use of golf carts on some neighborhood streets if the following conditions have been met:

1. Fishers has determined that golf carts may be safely operated on the streets within

the specific neighborhood;

2. A threshold amount (75 percent or higher) of property owners in the

neighborhood have voted in favor of allowing golf carts within the neighborhood and the results of the election have been certified; and

3. The proper signage in the designated locations has been placed.

Golf carts shall not be operated on the public streets of Fishers except in full compliance with the provisions of this section. Currently, Britton Falls, Thorpe Creek, and Graystone are the only neighborhoods, in Fishers, to be in full compliance with the provisions of this section.

OPERATION REGULATIONS

a) Hours of Operation. Golf Carts shall only be operated on designated streets from sunrise

to sunset unless such golf cart is equipped with headlights, taillights, brake lights,

seatbelts, turn signals, and rearview mirror.

b) Right-of-Way. The operator of a golf cart shall yield the right-of-way to overtaking

motor vehicles.

c) Streets. Golf carts may only be used on streets designated within the establish

neighborhood or other Fishers’ approved neighborhood areas. Nothing in this policy

shall be construed to apply to or limit the use of golf carts on golf courses or private

property.

d) Fishers Property and Sidewalks. Golf carts shall not be operated on any sidewalk,

pedestrian walkway, multi-use path, or trail or any other non-designated public ways.

The only exception to this use is of golf carts on Fishers’ municipal property for official

purposes.

e) Golf Cart Capacity. The seating capacity, normally no more than four (4) passengers,

shall not be exceeded nor shall the operator or any passenger be permitted to stand while

the golf cart is in operation.

f) Parking. Golf carts may only be parked in the same manner and at the same places

designated for parking of motor vehicles. The stopping, standing, or parking of golf carts

in areas where parking is not allowed or in any place that impede the flow of traffic,

pedestrian walkways, or a passageway is prohibited.

g) Alcohol Use. No person under the influence of an alcoholic beverage shall operate or be in control of any golf cart operated within the neighborhood. No golf cart shall have an open alcoholic beverage container aboard while in operation.

h) Valid License Required. Only persons possessing a valid driver’s license issued by the State of Indiana, another state of the United States, or an international agency shall be permitted to operate a golf cart on Fishers streets.

DISCLAIMER, LIABILITY, AND INSURANCE

a) Disclaimer. Golf carts are not designed for or manufactured to be used on public streets, and Fishers neither advocates nor endorses the golf cart as a safe means of travel on public streets. Fishers in no way shall be liable for accidents, injuries, or death involving the operation of a golf cart.

b) Assumption of Risk. Any person who owns, operates, or rides upon a golf cart on a

public street within the designated use area does so at his/her own risk and peril and

assumes all liability resulting from the operation of the golf cart.

c) “Proof of Financial Responsibility”. Shall mean, pursuant to Ind. Code §9-25-2-3, proof of ability to respond in damages for liability that arises out of the ownership,

maintenance, or use of a Golf Cart in the following amounts:

1) Twenty-five thousand dollars ($25,000) because of bodily injury to or death of

any one (1) person;

2) Subject to the limit in subdivision (1), fifty thousand dollars ($50,000) because of

bodily injury to or death of two (2) or more persons in any one (1) accident; and

3) Ten thousand dollars ($10,000) because of injury to or destruction of property in

any one (1) accident.

PENALTIES

Fishers shall issue a uniform ordinance violation citation (as outlined in the golf cart ordinance) to any person violating a provision of this policy in the following amounts which shall be processed by and paid to Fishers’ Ordinance Violation Bureau as follows:

a)    First Offense: Fifty Dollars ($50.00);

b)    Second Offense within one (1) year: One Hundred Dollars ($100.00); and

c)    Third offense and any additional offense within (1) year: Two Hundred and Fifty Dollars ($250.00)

A group calling itself “Fiscal Conservatives of Hamilton County” has formed a Political Action Committee (PAC).  The organization says it will offer endorsements in the 2018 election round, but plans to become more involved in local elections set for 2019.

The PAC CEO will be local political activist David Giffel.  The Treasurer will be Bill Brown, a 2014 candidate for Fishers City Council.  Members of the group include former Fishers Town Councilman Mike Colby, along with Greg Puls, former president of the Fishers GOP Club, and past county commissioner candidate and former local business owner Bill Smythe.   All names included in the news release are from the Fishers area.

“The Fishers officials seeking re-election will be well funded by the vendors that do business with the city,” said the news release from the PAC. “Fiscal Conservatives of Hamilton County PAC plans to solicit money from residents that wish to have a voice in the process and a change in direction. The PAC will be a vehicle for both local and county residents who fear being shown as contributing directly to the opponent of an incumbent.”

The PAC says it plans to get to work on a web page and social media presence.

If you like to use fireworks or enjoy riding your moped around Fishers, the Police Department has a few reminders for you.

First, Chief Mitch Thompson wants all local residents to be aware the the city ordinance governing use of fireworks.  The entire ordinance is posted below.

Also, there are state laws governing mopeds and similar vehicles.  The state statute is posted below, for your information.

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(Fishers fireworks ordinance)

§ 99.01 DEFINITION OF CONSUMER FIREWORK.
For purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

CONSUMER FIREWORK.
(1) A small firework that is designed primarily to produce visible effects by combustion and that is required to comply with the construction, chemical composition, and labeling regulations promulgated by the United States Consumer Product Safety Commission under 16 CFR 1507. The term also includes some small devices designed to produce an audible effect, such as whistling devices, ground devices containing 50 milligrams or less of explosive composition, and aerial devices containing 130 milligrams or less of explosive composition. Propelling or expelling charges consisting of a mixture of charcoal, sulfur, and potassium nitrate are not considered as designed to produce an audible effect. CONSUMER FIREWORK includes but may not be limited to the following:

(a) Aerial devices, which include sky rockets, missile type rockets, helicopter or aerial spinners, roman candles, mines, and shells;
(b) Ground audible devices, which include firecrackers, salutes, and chasers; and
(c) Firework devices containing combinations of the effects described in divisions (1)(a) and (b) above.

(1) The following items are specifically excluded from the definition of CONSUMER FIREWORK:
(a) Model rockets;
(b) Toy pistol caps;
(c) Emergency signal flares;
(d) Matches;
(e) Fixed ammunition for firearms;
(f) Ammunition components intended for use in firearms, muzzle loading cannons, or small arms;
(g) Shells, cartridges, and primers for use in firearms, muzzle loading cannons, or small arms;
(h) Indoor pyrotechnics special effects material; or
(i) M-80s, cherry bombs, silver salutes, and any device banned by the federal government.

(3) In addition, the following items are excluded from the definition of CONSUMER FIREWORKS but are and shall continue to be subject to applicable permitting requirements and state statutes governing fireworks:
(a) Dipped sticks or wire sparklers;
(b) Cylindrical fountains;
(c) Cone fountains;
(d) Illuminating torches;
(e) Wheels;
(f) Ground spinners;
(g) Flitter sparklers;
(h) Snakes or glow worms;
(i) Smoke devices; and
(j) Trick noisemakers, which include:
1. Party poppers;
2. Booby traps;
3. Snappers;
4. Trick matches;
5. Cigarette loads; and
6. Auto burglar alarms.
(Ord. 041513C, passed 4-15-13)

§ 99.02 USE OF CONSUMER FIREWORKS WITHIN THE TOWN.
It shall be unlawful to use or display or permit to be used or displayed within Fishers’ municipal boundaries any type of consumer firework on any day or time other than the following:
(A) Between the hours of 5:00 p.m. and two hours after sunset on June 29, June 30, July 1, July 2, July 3, July 5, July 6, July 7, July 8, and July 9;
(B) Between the hours of 10:00 a.m. and 12:00 midnight on July 4; and
(C) Between the hours of 10:00 a.m. on December 31 and 1:00 a.m. on January 1.
(Ord. 041513C, passed 4-15-13)

§ 99.03 SUPERVISED PUBLIC DISPLAYS.
This chapter shall not apply to supervised public displays of fireworks by municipalities, fair associations, amusement parks, and other organizations or groups of individuals, all of which are and shall continue to be subject to applicable permitting requirements and state statutes.
(Ord. 041513C, passed 4-15-13)

§ 99.04 ENFORCEMENT.
The Fishers Department of Fire and Emergency Services and the Fishers PoliceDepartment shall be charged with enforcing the provisions of this chapter.
(Ord. 041513C, passed 4-15-
 
§ 99.99 PENALTY.
Any person, firm or corporation who violates this chapter shall be subject to a fine of $150 for the first offense and $250 for each subsequent offense. A separate offense shall be deemed committed upon each day during which a violation occurs or continues.
(Ord. 041513C, passed 4-15-13)
Reminder- Indiana law restricts the use of fireworks to the following:

• On the user’s property;
• On the property of someone who has consented to the use of fireworks on their property

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(State law governing mopeds and similar vehicles)

• No more mopeds, scooters, or motorized bicycles…they are all motor driven cycles.
• All must be registered and plated
• Operators and passengers under the age of 18 must wear a helmet
• Divides into two categories;
  • Class A MDCs
    • Greater than 50cc
    • Require Insurance
    • Require Operators License
  • Class B MDCs
    • 50cc or less
    • No license, no insurance
    • Requires ID

• Class B requirements
  • 15 years old
  • ID card with MDC Endorsement
  • No passengers
  • No interstates or sidewalks
  • Not faster than 35 mph

Anyone with questions regarding motor driven cycles is encouraged to call Sergeant Tom Weger at 317-595-3308.

The city is moving forward with plans to acquire 70 acres of land on Geist Reservoir for a new proposed Fishers Park.  The Board of Public Works and Safety passed a resolution Monday afternoon authorizing the city to condemn the 70 acres of land to make way for the new park.  The board also approved drawings as to how the park my look once completed.  You can access the drawing at this link.    At last report, the city was negotiating with the current property owners to purchase the property, but the city has been clear that if a sale cannot be finalized, the mayor’s office will begin the process of condemning the land and exercising the right of eminent domain to acquire the lake front property.  State law provides a system for determining the fair market value to be paid to the owners when a property is condemned.

In other actions at the June 12 Board of Works meeting:

–The board passed a resolution recommending a $12.7 million bond issue, financing sewage projects.  The issue now goes to the City Council for a public hearing and final approval.

–A new matching grant program, much like the neighborhood program now in place for trees, was approved by the board for a drainage and water quality program.  Homeowners and Homeowners Associations may apply for the grant.  The city has budgeted $25,000 for 2017.  You can learn more about the program at this link.

–The board passed a resolution approving a new agreement with One America and Edward Jones to administer the 457(b) program.  A 457(b) plan is much like a private sector 401(k) retirement savings plan, but is for local government workers.  Mayor Scott Fadness said the new agreement will provide better investment advice and choices for city employees, saying the arrangement provides more value to the city and its workers.

(Fred Swift’s commentaries are posted here as part of a partnership between LarryInFishers.com and The Hamilton County Reporter newspaper)

by

Fred Swift

Hamilton County Reporter

In case our readers hadn’t noticed, I like local history. So, the following tale is one
of those “what ifs” of Hamilton County history that I enjoy.

The Central Canal between Broad Ripple and downtown Indianapolis is a scenic waterway today. Its towpath is a favorite for walkers and joggers, it’s a local attraction as it goes by the Butler University campus and the Art Museum, and of course it is lined with upscale condos and interesting sites as it dips through downtown Indy. But, the canal was not supposed to start at Broad Ripple and end downtown. In 1837 it was designed to be a major infrastructure improvement for the state, a transportation linking the Wabash and Erie Canal at Peru to the Ohio River at Evansville, a distance of 296 miles. Canals were popular and seen as the answer to transportation needs before railroads or highways for the purpose of moving products great distances at little expense.

A company whose name has been lost in  history, got the contract to dig the canal
from Anderson to Martinsville. It was to be 60 feet wide and six feet deep paralleling
White River through Anderson, Strawtown, Noblesville and on to Broad Ripple. An
eight mile section in what is now Indianapolis  was dug first and completed, probably to impress the state legislature.

Unfortunately for Hamilton County and the  rest of the state, a major recession hit the nation in 1837-38. By 1839 the canal construction stopped. Only minor work had been done in the Noblesville area. Today, there are traces of that work. In the Meadows subdivision, a depression in the ground a few hundred feet long is marked by a sign identifying the site as a portion of what was to be the canal. Huge cut stones were delivered to the banks of Stony Creek west of Allisonville Road, to be used for abutments of an aqueduct that was never built. Some of the stones were later used in foundations of buildings in Noblesville.

The canal boom which was seen as the economic future for the state was a bust.
As railroads entered the state in the 1840s canals were forgotten. Even the section in Indianapolis was pretty much ignored until the 1980s when the city decided to put it to use as an attraction and economic tool.

So, what if the section through Noblesville had been completed? Would it be a
scenic waterway lined with walking trails and homes or businesses? We’ll never know.  We will just have to make the most of Riverwalk instead.

Saxony Lake was closed early Sunday when the Fishers Dive Team and State DNR officials searched for man missing after falling off a paddle board.  His body was found in the lake Sunday night.

Here is the latest from WTHR, at this link.

The battle between Hamilton Southeaster (HSE) Schools and WTHR’s 13Investigates team over fact disclosure of a prominent coach’s suspension has just been tilted in WTHR’s favor.  Indiana Public Access Counselor Luke Britt issued a ruling earlier this month finding HSE in violation of state law by not disclosing more facts related to a 5-day suspension handed to Fishers High School Varsity Football Coach Rick Wimmer.

In his decision, Mr. Britt wrote, “HSE has not provided sufficient information to give the Complainant (WTHR) a reasonable idea of why the teacher was suspended.”

Britt also wrote that he does not find HSE Schools to be ill-intentioned.  Here is the final paragraph of the ruling:

“To be clear, I have discussed this matter at length with HSE and their argument is not ill-intentioned or in bad faith. However, as the State of Indiana’s authority on matters of public access, I gave the school an opportunity to correct what I determined to be a deficiency. Therefore I consider the non-compliance of my recommendation in Opinion of the Public Access Counselor 17-FC-09 to be a violation of the spirit and intent of Ind. Code § 5-14-3-4(b)(8)(C).”

It should be noted that the 13Investigates team won not one, but two Peabody Awards at the recent ceremony.  It is rare for a local television news team to win one Peabody, much less two in one year.  The Peabody Awards have been described as the journalism equivalent of the Oscars.

The question now is how HSE Schools will respond to this strong statement from the Public Access Counselor.

Gerry Lanosga, a journalism professor at Indiana University, told WTHR this ruling breaks new ground in public access law for the State of Indiana. “This advisory opinion gives guidance to agencies all over the state and it stretches beyond Fishers,” Lanosga said. “Parents, media, citizens across the state can use this opinion to gain access to similar records.”

You can access the WTHR story at this link.