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Brett W. Todd - page 4

Brett W. Todd has 923 articles published.

Brett W. Todd is the managing editor of Clinton County Today. Clinton County Today is a community-focused website to provide individuals of Clinton County Indiana and surrounding areas with information impacting their lives. Clinton County Today is a service of Progressive Partners of Indiana, LLC where Brett W. Todd is its managing member.

Planned Cradle-to-Career Tech Center Scaled Back

The planned Cradle-to-Career Tech Center planned to be built on land owned by the Community Schools of Frankfort will be scaled back due to funding. The Center is planned to be built on land where the current bus garage is located - the far left in image.

FRANKFORT, Ind. (May 10, 2023) – The planned Cradle-to-Career Tech Center to be located on land owned by the Community Schools of Frankfort (CSF) – where the current bus garage is located – will be scaled down from $22 million to $10 to $12 million according to CSF Superintendent Dr. Matt Rhoda in comments made after Tuesday’s CSF school board meeting.

“We determined we needed to scale the project down – pretty much in half – so we are going to scale down the $22 million, down to $10 to $12 million,” said Dr. Rhoda. “And, we are looking at trying to find funding to hire a fundraiser as well as a grant writer to really spearhead and brainstorm. We are not able, all of us have full time jobs – we are not able to get out and knock on doors and get decision makers from businesses and industry in front of our presentation with the frequency we thought we would be able to do.”

The decision was made after a meeting was held Monday with project stakeholders. Dr. Rhoda said some of those in attendance included Frankfort Mayor Judy Sheets, County Council representative Carol Price as well as all four county school superintendents.

“We have been able to talk to NHK. We have talked to Frito Lay, but the people in charge of the money are in Plano, Texas. So we want to have someone who can spearhead this. Would be great to have someone who is both a grant writer and fundraiser. And, we will be looking to raise money to pay for that.”

Dr. Rhoda provided an update on fundraising activities.

“Between the City and County each donating $250,000 and IU Health – they are just about at a million, about $750,000. We have the READI grant, which need to have MOU’s from the schools and resolutions from the City and County by the end of June.”

The facility will be scaled back as well prioritizing the programs offered will need addressed.

“We will scale down the vocational side, scale down the early learning side – mainly not as many labs and pathways going in there. We really need to look at what do want to put in there first. And, what can the early learning side do to still satisfy help our community with childcare. The early learning side is really a small component – the vocational side is where the majority of the cost is going.”

IVY Tech remains key according to Dr. Rhoda.

“We won’t be able to do it without IVY Tech. IVY Tech is a main ingredient, both with what they can do for supporting our kids in pathways and dual enrollment classes as well as what they can do by coming-in in the evenings to train adults for our local industry.”

The building of a facility might be as much as 36-months out; however, Dr. Rhoda sees a 12-month goal for the project being hiring someone to lead fundraising and grant writing.

“Over the course of the next year we want to close to that target, but we have got to get someone to help us with that because more time needs to be spent on relationships with our industry and business leaders to be able get then to come-in and get excited about this and want to be able contribute to the project.”

A signing ceremony for all stakeholders will take place on June 7th at 6pm at the CSF administration building – this is being conducted to satisfy a condition of the READI grant.

Commissioners to Ask Indiana Supreme Court to Review E-Cig Case

The three members of the Clinton County Commissioners listen to Sheriff Rich Kelly provide an update on the assignment of two deputies to Clinton Central and Clinton Prairie schools as school resource officers in this April 3, 2023 photo. From left-to-right, commissioners Bert Weaver, Josh Uitts, and Jordan Brewer. (Photo: Brett W. Todd)

FRANKFORT, Ind. (April 19, 2023) – The Clinton County Commissioners have asked their attorney, Mark Crandley, to ask the Indiana Supreme Court to review the e-cigarettes ruling according to commissioners president Jordan Brewer in an interview after Tuesday’s commissioners meeting at the Frankfort / Clinton County Airport.

“Yes, so we are moving forward,” commented Brewer.

When asked when the decision was made Brewer stated, “Couple weeks ago – I don’t know – within the last two weeks I would say.”

Clinton County Today asked Brewer after the April 3rd meeting for an update on this matter and he replied, “We haven’t made any decisions. I had a call with our legal counsel (Mark Crandley) to understand the perspective. We’ll have to discuss and see if that is an option – I think we had 45-days from the time. So, I think we still have, maybe, two weeks left roughly.”

The request for the review comes after – as previously reported – a three-judge panel of the Indiana Court of Appeals unanimously ruled the trial court did not err when concluding the Clinton County Commissioners exceeded its authority when they amended the county smoking ordinance in an attempt to prohibit inmates from purchasing and using tobacco-free products within the jail.

A request for review by the Indiana Supreme Court, known as “requesting transfer” according to the Indiana Supreme Court website, does not automatically take place.

As of week ending April 14, 2023, 15 of 174 cases requesting transfer have been accepted – known as “granting transfer” – according to the Supreme Court Transfer Dispositions webpage.

A search of online court documents does not show a request for transfer at the time of publishing this article.

The Commissioners and County Council were scheduled to hold a joint executive session for “discussion referencing litigation that is either pending or has been threatened specifically in writing” April 18 at 11am at the Frankfort / Clinton County Airport.

Killer of Promise Mays and Pamela Sledd Will Not Face Death Penalty, Takes Plea Deal

Gary Cecil Ferrell II pled guilty Tuesday to murdering Promise Mays and Pamela Sledd in the parking lot of NHK Seating of America outside of Frankfort on August 18, 2021. (Photo: Facebook/Clinton County Prosecutor's Office)

FRANKFORT, Ind. (April 18, 2023) – Gary Cecil Ferrell II pled guilty Tuesday to murdering Promise Mays and Pamela Sledd in the parking lot of NHK Seating of America outside of Frankfort on August 18, 2021.

According to the Clinton County Prosecutor’s Office, Ferrell II took a plea deal that removed the death penalty and the remaining charges and will now face consecutive sentences. The deal was reached after the defendant raised the defense of intellectual disability to the death penalty.

After the preliminary hearing on August 20, 2021, Clinton County Prosecutor Anthony Sommer described why the death penalty had been sought.

“Indiana law provides for the death penalty in the crime of murder under 18 statutorily identified circumstances,” stated Sommer. “The facts, in this case, provide that the crime was committed during the commission of the crime of confinement, that is one of the statutorily identified circumstances in which the death penalty is available.”

Sommer added Ferrell II’s use of a handgun qualified as confinement under the law in this case.

“Confinement has to do with either removing or restraining someone’s movement against their will,” continued Sommer. “And in this particular case, that was done with a deadly weapon – specifically a handgun.”

An all-day sentencing hearing is tentatively set to begin at 9:30am on August 30th in front of Clinton County Judge Hunter according to court documents.

City of Frankfort Neighborhood Center Renovation Project Complete

The Frankfort Parks Department announced the completion of its renovation of the Neighborhood Center, work began earlier 2023. (Photo: City of Frankfort)

FRANKFORT, Ind. (April 14, 2023) – The Frankfort Parks Department announced it has completed its renovation of the Neighborhood Center, work began earlier this year.

According to a city press release Kaytianne Gellenbeck, Frankfort Parks Events Coordinator, presented a plan to renovate the Frankfort Neighborhood Center to Frankfort Mayor Judy Sheets at the end of 2022. The Board of Public Works, along with Mayor Sheets, approved the plans by encumbering what was left of the park’s budget from 2022. “I was excited to hear Kaytianne’s plans for the Neighborhood Center,” stated Mayor Sheets. “I had been in it a couple of times and noticed that the ceiling was in bad shape, and I don’t remember the last time the carpet had been replaced. I knew she worked hard on the color scheme and finding local contractors for any work the park employees couldn’t do.”

The Frankfort Parks Department was given ownership of the Neighborhood Center in 2018 and had slowly been working on sprucing up with new windows and paint. “Since we started taking reservations for Prairie Creek Park, I saw a decline and heard comments about the Neighborhood Center and realized we needed to do something,” commented Gellenbeck. “I want this event center to shine just as much as any venue in town.”

The Parks Department employees completed most of the work themselves with new paint on every inch of the walls, new smoke detectors, replaced hardware on the cabinets, replaced doors, added changing tables, and a few other jobs.

Local contractors, like Shannon Campbell with Campbell Electric, replaced all of the light fixtures throughout the venue and new outlets and light receptacles. Jason Passmore, with JP Handyman Services LLC, replaced the ceiling in the main room. Jason added a little touch, but it made a massive difference by painting the framework to match the new ceiling. Aaron’s Flooring replaced the old carpet and fixed areas where the surface had been damaged underneath. A new sign from Aidex Graphics is scheduled to be installed this spring to complete the project. “All of the contractors were great to work with,” added Parks Superintendent Jason Forsythe. “They provided us with helpful knowledge of what we should use and finished the projects promptly and professionally. We think the community will love the changes.”

To reserve the Frankfort Neighborhood Center, please call Kaytianne Gellenbeck at 765.659.3422 or by email at fpark@frankfort-in.gov.

2023 City of Frankfort Summer Events

The City of Frankfort announced a collection of free concerts and events for 2023. These events are designed for all ages and interests and provide entertainment every resident can enjoy.

FRANKFORT, Ind. (April 14, 2023) – The City of Frankfort announced Friday a collection of free concerts and events for 2023. These events are designed for all ages and interests and provide entertainment every resident can enjoy according to a press release issued by the city.

Community Development Director Kimberly Black stated, “This is always an exciting day when we can share the line-up of summer events with the community. The Parks Department has worked hard to provide various activities this season. Every year we evaluate how or where we can improve and what else we can do to bring more growth to our downtown district, and every year we see more and more patrons visit Prairie Creek Park. We are ready and excited to see families and friends gather together to make wonderful memories in Frankfort.”

Summer events will kick off on Thursday, May 11th, with the Frankfort Parks Department’s first Downtown TuneNight at Prairie Creek Park starting at 6:30pm. The Toy Factory will be performing on The Farmers Bank Performance Center Stage. Prairie Creek Park is located at 260 East Washington Street, Frankfort, IN, 46041.

“The Board of Works has been approving contracts for bands, musicians, and entertainment for a few months, and I am excited to see everything come together. Kaytianne has done a great job scouting for bands and providing a variety of talented entertainment for almost every genre, said Mayor Judy Sheets. “These events would not be made possible without the Redevelopment Commission and our event sponsors. Thank you to those who partner with us because, without their support, we couldn’t offer free events for visitors and our
community to enjoy.”

Summer Events include:

• 5/11/23 Downtown TuneNight – Toy Factory
• 5/20/23 Summer Concert – Big 80’s Band followed by XGeneration
• 5/20/23 Circle Park Bicycle Race @ Circle Park
• 6/08/23 Downtown TuneNight – Phil Pierle Trio
• 6/17/23 Summer Concert Presented by the Frankfort Fraternal Order of the Eagles
• 6/24/23 Summer Concert – Cody Ikerd & the Sidewinders
• 6/30/23 Movie in the Park – Sonic 2
• 7/04/23 July 4th Festival at TPA Park with Christine Kindred, 90 Proof, The Time Travelers
• 7/21/23 Movie in the Park – Wonder Park
• 8/4/23 Movie in the Park – Rumble
• 8/10/23 Downtown TuneNight – Stella Luna & The Satellites
• 8/12/23 Summer Concert – Hank Ruff followed by Jonny James
• 8/26/23 Summer Concert – Like Mother, Like Daughter followed byThe Bishops
• 9/14/23 Downtown TuneNight – Levi Riggs
• 9/22/23 Movie in the Park – Vivo
• 9/23/23 Summer Concert – Heartland followed by Roughouse
• 9/30/23 Summer Concert – Chase Wright
• 10/12/23 Downtown TuneNight – For Pete’s Sake

“We are thrilled about the performers we booked this year. We have booked a variety of local businesses and surrounding food trucks to attend. You won’t want to miss out on these events. Don’t forget to put Prairie Creek Park on your calendars! Bring a blanket and enjoy a movie or concert with us in the park,” stated Parks Events Coordinator, Kaytianne.

In addition to these events, the Frankfort Parks Department offers multiple season amenities, including the Prairie Creek Park Splash Pad, the TPA Park Aviary & Petting Zoo, and Sapphire Bay at TPA Park. They are scheduled to be open Memorial Day weekend. For more information regarding city parks and events, please check out the website, www.frankfort-in.gov, or the Frankfort Parks Department and City of Frankfort‘s Facebook pages. Sponsorships are available, and you can contact Kimberly Black at 765.659.6770 or kblack@frankfort-in.gov

 

7th Grader Designs New City of Frankfort Flag, Will Fly at Prairie Creek Park

7th Grader Redmon Porter (right) presents Frankfort Mayor Judy Sheets with the new city flag he designed. The flag will fly at Prairie Creek Park. (Photo: City of Frankfort)

FRANKFORT, Ind. (April 13, 2023) – Frankfort will have a new city flag flying at Prairie Creek Park – thanks to 7th grader Redmon Porter according to a city press release.

Porter recently presented Frankfort Mayor Judy Sheets with the new flag in her office at Old Stoney.

Porter, who spends spends most of his time between Frankfort and Cartersville, GA, has always had a love for flags and logos. Porter stated flags are a way to unite people and communities.

“I think city flags or flags, in general, are important,” remarked Porter. “They can unite people and give people pride. I believe it is extremely important in Frankfort. Frankfort is trying to rebuild, and I think it is important to have a symbol of city pride that can unite. A united community improves a rebuilding city because citizens are more likely to feel more connected.”

Porter began his design of flags and logos in 2020 with a design for Cartersville, GA. Redman has designed flags for every city in his home county in Georgia with Adairsville selecting his design to fly.

In February of 2023, Redman emailed Mayor Sheets with his design and she responded.

“He did such a great job with the design and explained the importance of a city flag and how it represents Frankfort in his email. There are so many creative people, including the youth in our community,” stated Mayor Judy Sheets. “I can’t wait for everyone to see our flag flying at Prairie Creek Park.”

In addition to Frankfort, Porter has designed flags for other communities in Georgia and Indiana and he awaits feedback from them. Porter is awaiting word from other communities in Georgia and Indiana on the designs he has created for those various communities.

Porter shared the meaning and symbols of the City of Frankfort Flag:
• Light blue represents the Frankfort Lagoons
• Dark blue represents Prairie Creek that runs through downtown Frankfort
• White represents the City’s brightness to the new electric era
• Diamond represents Frankfort’s nickname – Gem City

The City of Frankfort Awarded $323,805 For Paving

The City of Frankfort was awarded $323,805 for paving during 2023. The award comes from a 50-50 matching grant with the State and INDOT, Community Crossing Matching Grant (CCMG).

FRANKFORT, Ind. (April 13, 2023) – The City of Frankfort was informed Wednesday Governor Holcomb and INDOT awarded Frankfort $323,805 from the Community Crossing Matching Grant (CCMG). The city shared this information to media today.

Frankfort Mayor Judy Sheets along with members of the Board of Public Works, City Council, and Street Superintendent Jason Forsythe approved the total of $648,805 for an additional five paving projects for 2023 during meetings earlier in the year. CCMG is a 50-50 matching grant.

The following paving projects will include the following:
• East Clinton Street from Clay Street to Fudge Avenue
• South First Street from White Street to West Walnut Street
• East Ohio Street from Crescent to Kelly Avenue
• McClurg Street from Myrtle Avenue to Rossville Avenue
• Clinton Drive from Fudge Avenue to Maish Road

“This is always great news for Frankfort to receive the first round of the Community Crossing Grant for 2023,” said Mayor Sheets in the press release. “Jason Forsythe works hard to put the grant together and ensure we receive funds to help pave more roadways in Frankfort. Thank you, Jason, for all of your hard work,” said Mayor Judy Sheets. “Every year, more and more communities know about the grant, so it is exciting when we are awarded the 50/50 match.”

The City officials, including Mayor Judy Sheets and Superintendent Forsythe, are working on the planning process. Request for bids and proposals will be available later this spring. CCMG provides funding to cities, towns, and counties across Indiana to improve local roads and bridges. This program is a partnership between the Indiana Department of Transportation and Indiana communities to invest in infrastructure projects that advance economic development, job creation, and local transportation.

State Files Suit Against Kelly’s Seeking Restitution, Adds to Growing List of Cases Alleging Nepotism and Commissary Issues

Indiana Attorney General Todd Rokita filed suit against Clinton County Sheriff Rich Kelly and his wife Ashley Kelly on Thursday, March 30, seeking restitution from conclusions contained within a November 23, 2021, State Board of Accounts (SBOA) audit.

FRANKFORT, Ind. (April 2, 2023) – Indiana Attorney General Todd Rokita filed suit against Clinton County Sheriff Rich Kelly and his wife Ashley Kelly on Thursday, March 30, seeking restitution from conclusions contained within a November 23, 2021, State Board of Accounts (SBOA) audit. The suit alleges the Kelly’s of “malfeasance, misfeasance, and/or nonfeasance”; this action adds to a growing list of lawsuits involving the Kelly’s as either defendants or plaintiffs.

Rokita alleges in the 16-page complaint the SBOA found the Kelly’s violated the Clinton County nepotism ordinance – Sheriff Kelly challenged the merits of the Clinton County nepotism ordinance in its own, separate legal action in a Tippecanoe County court against the Clinton County Commissioners and County Council. The case was originally filed by the County in 2021 and amended in 2022 to include the Sheriff’s complaint. The Sheriff won – the judge ruling the Clinton County nepotism ordinance did not forbid the Sheriff from hiring his wife.

Rokita also alleges the Kelly’s failed to file a conflict of interest form stating Ashley is the wife of the Sheriff and no written contract to perform commissary services by either Ashley or Leonne LLC was provided to the County. Both are at issue in a separate civil lawsuit filed in 2022 by the Kelly’s against attorney Tom Little in Tippecanoe County; Leonne LLC is a company formed in 2018 by the Kelly’s prior to the beginning on Sheriff Kelly’s term, Ashley listed as a 51% owner, the Sheriff a 49% owner.

Court filings in that 2022 Tippecanoe County case allege attorney Little provided in December 2018 a conflict of interest form that described a dependent relationship and commissary work to be performed by Ashley to the then-members of the Clinton County Commissioners and County Council. Court filings also contain two communication logs that allegedly detail back-and-forth, email and messaging exchanges with various elected members of Clinton County government and select employees of Clinton County government attached to some of those communications.

Currently both the Kelly’s and attorney Little are awaiting a judge’s decision on whether any of those communications must be disclosed.

Those same communications and conflict form are at issue in each of the Kelly’s 2022 criminal cases – Rokita described the criminal cases as “correlated” in his filing, the criminal charges relating to the work done in the SBOA audit. In the criminal cases, the Kelly’s claim Special Prosecutor David Thomas has failed to turn over discovery while the Special Prosecutor has requested a change of venue. The judge in the criminal cases has yet to rule on either. The Kelly’s are each charged with four Level 6 Felony counts.

Rokita’s filing also details the monetary amount that was paid combined to Leonne LLC and Ashley, $219,634.65 – an item the SBOA stated was “improperly issued.” Those same payments were questioned by County Commissioners and County Council in the 2021 Tippecanoe County case; the judge ruled the payments were excessive. Sheriff Kelly has a pending case before the Court of Appeals seeking reversal of the judge’s ruling – this is the same appeals case the County Commissioners and County Council have required the Sheriff to dismiss before the respective Boards will sign-off on a 2023 commissary contract.

Rokita is asking for the funds to be paid back, plus the cost of the SBOA to perform the audit; the total of those two approaching $330,000. Also, Rokita alleges Clinton County has suffered “a pecuniary loss as a result of a violation of specified criminal codes” and is seeking treble damages – the amount times three. The suit for repayment comes from the Indiana Crime Victims Relief Act.

The Indiana Court of Appeals in 2023 addressed an issue of pecuniary interest in the Clinton County Commissioners appeal of an e-cigarette case originally filed by Sheriff Kelly in 2021 where a lower court judge ruled the Commissioners had exceeded its power stating, “that the Board cannot regulate by ordinance the conduct of inmates housed in the Clinton County Jail and cannot restrict the right of the Sheriff to sell or of inmates in the Clinton County Jail to purchase and use e-cigarettes and nicotine pouches that do not contain tobacco products within the confines of the Clinton County Jail.”

The Commissioners on appeal claimed Sheriff Kelly was selling the product so he and his wife could profit.

The Court of Appeals justices stated, “In their motion to correct error, the Commissioners asserted they were entitled to a relief from judgment based on newly discovered material evidence, specifically that ‘the sale of e-cigarettes was not solely for commissary revenue, but that Plaintiffs acted based upon undisclosed personal pecuniary interests.’ However, we need not consider any alleged newly discovered evidence creating a question of material fact because we have concluded the Sheriff’s Office is expressly granted the authority to control the care of prisoners in the jail under the Take Care Provision as a matter of law.”

Commissioner Jordan Brewer stated in a March 2023 interview the Board is still deciding whether to file an appeal to the Indiana Supreme Court.

In addition to those lawsuits, the Kelly’s have filed a civil claim against Clinton County Prosecutor Anthony Sommer in 2022 alleging defamation and intentional infliction of emotional distress. Prosecutor Sommer denies those allegations and has asked a Boone County court to dismiss the lawsuit; a hearing is set for April 17. Sommer is being represented by an attorney from Rokita’s office according to court documents.

The Kelly’s have 20-days to respond to the Rokita suit.

A note to the reader. Some of the legal cases mentioned in this article involve reporting and interviews conducted by journalist Brett W. Todd; the work produced might be cited as part of specific case litigation filed by various parties in those respective cases.

Fire at Kirklin Gas Station Pumps Leaves One Dead

First responders seen Tuesday, March 28, 2023, at a one-vehicle fire at a gas station pumps in Kirklin, Indiana, that left the driver dead according to the Clinton County Sheriff's Office. (Photo: Brett W. Todd)

CLINTON COUNTY, Ind. (March 29, 2023) – According to the Clinton County Sheriff’s Office, Deputies with the Clinton County Sheriff’s Office were dispatched to a vehicle fire at a gas station in Kirklin located at 415 S Main Street at approximately 7:18pm on Tuesday, March 28.

A preliminary investigation indicated that a Black 2003 Chevrolet Tahoe was parked at the gas pumps, facing northbound and for an unknown reason, the vehicle abruptly accelerated into a gas pump, where it continued until igniting a fire.

The driver was identified as Terry Kinkead, 50, of Sheridan. Kinkead was pronounced dead at the scene by the Clinton County Coroner’s Office. Kinkead was the sole occupant of the vehicle. Family has been notified.

This crash remains under investigation.

Sapphire Bay 2023 Season Pricing Announced

The Frankfort Board of Works approved pricing for the 2023 season for Sapphire Bay at TPA park on Monday, March 27, 2023. (Image and photo: Brett W. Todd)

FRANKFORT, Ind. (March 27, 2023) – The Board of Works (BoW) for the City of Frankfort approved fees for Sapphire Bay at TPA Park for 2023 at its Monday meeting.

Day pass: 2-years old and under are free, $7 per day for all others

Season pass (unlimited usage) per person over 2-years old, $75

Family season pass: $250 for family of up to 5 household members, $25 per member over 5 members

Morning water walking (1-hour prior to opening): $3 per day Monday through Friday

Cabana rental (9 available): $50 half-day day, $75 full-day

Kimberly Black, community development and outreach director for the city, announced NHK donated $50,000 towards the construction of Sapphire Bay. Black also received approval from the BoW of the logo for Sapphire Bay.

Sapphire Bay is scheduled to open Memorial Day weekend and operate daily through August 5 – then weekends only to August 31st.
Hours of operation:
Monday through Friday 11:30am to 7pm
Saturday 11am to 7pm
Sunday 12pm to 6pm
Water Walking Monday through Friday 10:15am to 11:15am

Weekends only beginning August 6 through August 31st:
Saturday 11am to 7pm
Sunday 12pm to 7pm

Season passes will be available for purchase beginning May 1st at the Frankfort Parks Department office from 8am to 3pm Monday through Friday. Once Sapphire Bay opens, season passes can be purchased at the entrance.

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