�
Brett W. Todd – Page 5 – Clinton County Today
Author

Brett W. Todd - page 5

Brett W. Todd has 928 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.

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

Published on
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

Published on
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

Published on
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

Published on
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

Published on
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.

State to Pump Water Through Clinton County To Boone County

Published on
Image from Project LEAP dual water main project document attached to an email dated Monday, March 20, 2023 3:20 PM from Shaiza Sajjad, Staff Engineer with American Structurepoint, Inc. The email from American Structurepoint, Inc., states it has been tasked to perform utility coordination for 277,600 feet (52.6 miles) long dual water mains design project starting at the Wabash River near the intersection of W 200 S and S 500 W, and terminating at the intersection of State Road 32 and 500 W. The water mains pass through Tippecanoe, Clinton and Boone counties.

FRANKFORT, Ind. (March 21, 2023) – The State of Indiana has given Frankfort Municipal Utilities (FMU) 21-days to respond to requests for information on a 52.6 mile long dual water mains design project for Project LEAP starting at the Wabash River near the intersection of W 200 S and S 500 W in Tippecanoe County and terminating at the intersection of State Road 32 and 500 W in Boone County; the water mains will pass through Clinton County on both sides of U.S. 52 according to project maps reviewed.

The request for information came via email to FMU from American Structurepoint, Inc. – tasked to perform utility coordination – according to FMU Utility Service Board chairman Kent Brewer during Monday’s USB meeting, March 20th.

“We received an email that was forwarded around 3:30 to 3:45 [Monday] from American Structurepoint,” stated chairman Brewer during the meeting. “We, as a utility, … only have some electric crossing 52. I don’t believe we have any underground stuff – we don’t have water out that far, we definitely don’t have sewer out that far. As far as an effect on our utilities, we don’t see that.”

Brewer stated the Clinton County government was not made aware of this.

“I forwarded that email to my son (Jordan Brewer, president of the Clinton County commissioners) and was totally shocked. He claimed they – the County – has not received anything. I forwarded it to Dan Sheets (county surveyor) as well.”

The specific items requested according to the email shared by chairman Brewer with Clinton County Today include: map(s) of the size, material, and location of the facilities within the limits of the proposed project and copies of any as-builts or easement documents. The email does not contain information as to when the project would begin.

Project LEAP is an economic development zone consisting of over 10,000 acres in Boone County to the west and north of Lebanon. Eli Lilly has started construction on a $2.1 Billion project in the area. The dual water mains are vital to provide the necessary water to the planned development area.

This is a zoom-in view of the Clinton County portion of the Project LEAP dual water main project moving water from Tippecanoe County to Boone County. Original image from Shaiza Sajjad, Staff Engineer with American Structurepoint, Inc. email attachment. Email dated Monday, March 20, 2023 3:20 PM.

Clinton County Commissioners Lose Legal Appeal to Sheriff Kelly

Published on
The three members of the Board of Commissioners for Clinton County Indiana discuss a topic during a meeting in this file photo. From left-to-right, Commissioners Bert Weaver, Josh Uitts, Jordan Brewer. (Photo: Brett W. Todd)

INDIANAPOLIS, Ind. (March 18, 2023) – 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.

The appellate ruling issued March 9th came after oral arguments in Indianapolis on January 10th regarding whether or not Special Judge Samuel Swaim erred in his October 8, 2021, ruling in favor of Clinton County Sheriff Kelly’s suit when Judge Swaim said in part, “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.”

On appeal, the Commissioners contended Judge Swaim erred when he ruled in the Sheriff’s favor because, pursuant to the Indiana Home Rule Act, the Sheriff had only the powers expressly granted by statute. Based on their interpretation of the Home Rule Act and cases cited, the Commissioners asserted the relevant statutes do not grant the Sheriff unlimited discretion regarding what is sold to inmates at the Clinton County Jail.

Sheriff Kelly contended the Indiana Alcohol and Tobacco Commission regulated the Sheriff’s sale of the e-cigarettes and Indiana law expressly entrusts the Sheriff with the care of the jail and the prisoners therein – known as the “take care” provision.

The Court of Appeals ruled that while the Commissioners “had authority under the Home Rule Act to enact the revised county smoking ordinance as a general ordinance governing the use of e-cigarettes in county buildings, Indiana Code section 36-2-13-5(a)(7) – (the “take care” provision) – expressly gives the Sheriff’s Office the power to “take care” of prisoners and the revised ordinance does not apply to the activity of prisoners in the county jail.”

No public statement as of publishing on whether the Commissioners will appeal this ruling to the Indiana Supreme Court.

Emma Pillion Celebrated by City with Gateway Signs

Published on
Emma Pillion Celebrated by City with Gateway Signs (Photo: Brett W. Todd)

FRANKFORT, Ind. (March 16) – The City of Frankfort has placed signs at the gateways entering the city to mark the historic achievement of Frankfort High School senior Emma Pillion.

Pillion became the first state Indiana High School girls wrestling champion in the 113 pound class on January 13th.

Signs can be seen at the S.R. 28 East and West plus S.R. 39 North and South.

Her sign joins that of Colton Crum, 2018 Indiana High School Pole Vault champion.

CORE Community Center Addresses Local Food Insecurity

Published on
CORE Community Center Addresses Local Food Insecurity with launch of a food Backpack Program. (Photo by Rusty Watson on Unsplash)

FRANKFORT, Ind. (March 16) – CORE Community Center has announced through a media release it has become a Backpack Program location for Clinton County after a recent conversation with Food Finders to address local food insecurity, the program will begin in July 2023.

Funding for this program comes from a recent grant approval for $70,000 from the Indiana Department of Health.

CORE is able to fill up to 51 backpacks each week beginning July 2023 providing meals to families throughout the community. In addition to the Backpack Program, CORE is exploring an east-side Mobile Food Bank as well as other long-term partnership opportunities.

“We couldn’t be more excited to continue to address evolving community needs. When we had to separate from the Summer Food Program, we were saddened to see that part of our services go. This is a much more manageable program for us to execute, and we know of many volunteers who look forward to making this possible,” shared Stephanie Cooper, Executive Director of CORE.

CORE Community Center is located at 950 S. Maish Rd., Frankfort.

Tornado Warning Alert Test Scheduled

Published on
Clinton County Central Dispatch will participate is a statewide tornado siren test on Tuesday, March 14 at approximately 10am as part of Severe Weather Preparedness week, March 12-18.

FRANKFORT, Ind. – The week of March 12 – 18, 2023 is Sever Weather Preparedness Week in the state of Indiana according to a media release issued by Renee Crick, Director of Clinton County Central Dispatch (CCCD).

The release states on Tuesday, March 14 at approximately 10:15am, the National Weather Service will issue a test tornado warning alert, which will be shared through most notification systems. Clinton County will participate in the statewide test by conducting a full activation of the tornado weather sirens in Clinton County.

Now is a good time to talk with your family about what to do in the event of severe weather. A Tornado Watch means conditions are possible; it does not mean a tornado will occur. A Tornado Warning is issued when a tornado is imminent. When a Tornado Warning is issued, seek safe shelter immediately.

Remember that tornado sirens do not provide coverage for all areas. The tornado sirens are meant to be heard outside and cannot be relied on if you are indoors. Having a National Oceanic and Atmospheric Administration (NOAA) weather radio is highly recommended. Many people silence their phones at night, but the weather radio will sound when a warning is issued.

Crick reminds the community CCCD offers a free service, Nixle, that sends out mass notifications regarding events happening in Clinton County such as severe weather, road closures due to construction or accidents. The Nixle notifications can be received via your smartphone by downloading the free app, Everbridge.

1 … 3 4 5 6 7 … 93
Go to Top