Land swap still stuck in Clark County

BRADEN LAMMERS
Braden.Lammers@newsandtribune.com

July 09, 2009 02:02 pm

— In order to compel Greater Clark County Schools to move forward on a land-swap agreement, the Charlestown City Council approved a notice of a tort claim against the corporation at its Monday meeting.
The notice of a tort claim is to be sent to the school’s board regarding the land-swap agreement the city and the school district negotiated to build the $40 million addition for Charlestown High School.
“It’s a real shame that we have to move forward with a tort claim against Greater Clark County Schools,” said Matt Koesters, Charlestown communications director and spokesman for Mayor Bob Hall.
The terms of a land swap: In return for the city giving up its swimming pool for a parking lot adjacent to the new high school building and two other small parcels of land, the city was offered property near Jonathan Jennings Elementary School, according to previous reports.
The school board has yet to hand over its portion of land involved in the exchange and a deadline for a response to the swap came and went. Also, a mediation session June 11 to reach a deal was unsuccessful.
The land swap was never formally written out in a contract, but was a verbal agreement, Koesters said.
As a result, the city has been working under the assumption the deal would go through, but it cannot force Greater Clark County Schools to comply with its terms.
“In order to avoid the debate ... I am going to put [the school board] on notice and let them know the amount lost by Charlestown,” said Mike Gillenwater, attorney for the city.
There is still hope that the two sides will reach a deal before any lawsuit would be filed.
Gillenwater cited continued cooperation between the school board and the city as something that bodes well for the parties being able to work out an agreement. The city has allowed access to its former pool — which already has been torn out — and Charlestown has been given continued access to the swimming pool at Charlestown Middle School.
The notice of a tort claim that has been filed will present the city’s facts to the school board. The claim allows for a 90-day cooling off period for Greater Clark to investigate before any suit or legal action would begin, Gillenwater said.
“I believe there is still plenty of room to talk,” he said.

In other business
• Phase two of work on the Lakeview/Highview subdivision will continue as soon as easements are approved. Portions of the subdivision are still served by septic tanks and is in the process of a transition to city’s sewer system.
The transition to the Charlestown sewer system was due, in part, to the Indiana Board of Health no longer permitting the use of septic tanks in the area because of unfavorable soil conditions.
Justin Harris, of Saegesser Engineering, said he expects construction to be under way by the end of this year and hopes it will be completed by fall next year.
• The council passed an ordinance allowing it to appropriate additional money from rainy-day funds. The money will be used for the city’s vehicle maintenance, repairs, supplies, and also for 800-megahertz radios for emergency services. The cost is $66,000 and $15,000, respectively.
The appropriation for the radios had been discussed at a previous council meeting and allowed the city to buy the specified equipment in lieu of repairing a radio tower that had been damaged by a storm.
• The council also reviewed a noise ordinance — 2009-OR-06. The ordinance would limit the amount and types of noise made, including restrictions during specified hours. Penalties, if in violation of the ordinance, can result in up to a $100 fine for the first offense and up to a $200 fine — with a minimum of $100 — for recurring offenses. The ordinance has not received final approval.
• The council passed a resolution for an all-hazards mitigation plan. The resolution will allow the city to plan for possible natural hazards, meets a requirement for future funding for mitigation projects and will be presented to the state and the Federal Emergency Management Agency for review and approval.

SHHHH ...
• The council also reviewed a noise ordinance — 2009-OR-06. Penalties, if in violation of the ordinance, can result in up to a $100 fine for the first offense and up to a $200 fine — with a minimum of $100 — for recurring offenses.