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Wednesday, May 4, 2016

Request denied by school board

Wednesday, August 17, 2011

CCS board members did not grant the letter of waiver Kocolene Corporation representatives requested during the August school board meeting, which would allow Kocolene to sell alcohol in their Fast Max convenience store, which is only 187-feet from East Side Elementary on National Avenue, Brazil. State law prohibits the selling of alcohol within a 200-foot radius of a school or place of worship. [Order this photo]
Clay Community School (CCS) board members denied a local corporation's request for a waiver to allow the sale of alcohol in closer proximity to a school than state law mandates.

During its monthly August meeting, attorney Alex C. Intermill, Bose, McKinney and Evans LLP, Indianapolis, approached board members to request the board grant a letter of waiver allowing the Kocolene Corporation (Fast Max gas station) to obtain a carryout liquor permit.

Fast Max, 939 East National Avenue, resides 187-feet from East Side Elementary School, 936 East National Avenue.

State law prohibits businesses from selling alcoholic beverages within 200-feet of a school or a place of worship.

However, the law also states an exception can be made if the school corporation grants the business a waiver.

"We want to appreciate, respect and honor the community," Kocolene Corporation representative Rich Steele told those in attendance. "It is a privilege to sell alcohol, and we plan to take many measures to provide increased security if granted this waiver."

He added the convenience store planned to sell the alcohol in a separate room and install security cameras and television monitors to safe guard against alcohol falling into the wrong hands.

Despite the company's articulate arguments, board members unanimously voted to deny Kocolene's request.

Meanwhile, the bus garage debate continues amongst board members, CCS transportation personnel and meeting patrons.

CCS bus driver Kathy Rogers approached the board in an attempt to urge them to choose to purchase a doublewide modular and place it at the present transportation office location to allow for more space for meetings.

In addition, former CCS Superintendent and meeting patron Bill Schad approached the board expressing his concerns regarding rumors he said he overheard at a local "burger stand."

Schad said he'd heard others say CCS board members were allegedly considering wasting or misusing taxpayer dollars by leasing the property for an unspecified number of years only to buy it later for a higher price from a second appraisal.

"To buy and renovate the William's property is costly. You need to look in the tax payer's best interest," Schad told board members. "Using an office in the central office building for transportation that is separate from the bus garage makes about as much sense as moving the superintendent's office in the cafeteria."

CCS board member Amy Burke Adams reassured Shad the rumors he'd overheard were false.

"I think the Williams property would suit what we need for a mechanic's garage, and we'd like the transportation office to have a space large enough to meet with parents," Adams said. "No one has any underhanded, squirrelly ideas in mind. We do plan to get a full appraisal because we've only had curbside appraisals previously."

Board members met Monday, Aug. 8, to tour the existing transportation office, the Williams property on Pinckley Street and the Hughes property on Knight Street.

CCS Board President Rob Miller said finding the solution to the issues surrounding the bus garage has been a challenge.

"I think there are actually two problems -- the office space problem and the garage problem," Miller said.

CCS Board Vice President Tina Heffner agreed with her counterparts and made a motion to get a full appraisal on the Williams property.

"We need more room and better working conditions for the mechanics," Heffner said. "Economically speaking, we could do well with the Williams property."

Adams gave the second to Heffner's motion, and the board approved the motion (5-0-2), with board member Forrest Buell and Secretary Ron Scherb abstaining.

In other transportation business, the board approved a motion to advertise for bids for buses and fuel.

CCS Transportation Director Frank Misner said, "If gas goes above the range the company sets, they pay us penny for penny, but if gas goes below the range, we pay them penny for penny."

In other school board news:

* CCS board members unanimously voted to purchase and renovate the American Legion property at $277,500 after real estate agent Lori Dalton confirmed the property was free of any liens and judgments against it. The money to purchase the property will come from the rainy day fund, and all renovations are subject to CCS board approval,

* Pam Fischer and other YMCA summer day camp personnel attended the meeting to present information about the success of the summer camp,

* Board members unanimously approved Director of Business Affairs Mike Fowler's request to accept membership into the Health Trust. The membership includes all school personnel in the Health Savings Account plan. A $1,500 per employee buy-in fee has been agreed upon,

* The board granted permission to advertise the 2012 school corporation budget in local newspaper legal advertisements,

* CCS is transitioning from 401(a) and VEBA vendors to TIAA-CREF due to significant problems with the current VEBA vendor. During the meeting, board members approved the switch and authorized Fowler to set up the appropriate accounts with TIAA-CREF and to make the change to TIAA-CREF for our 401(a) and VEBA retirement accounts, and

* Board members approved a pay raise for non-certified employees and bus drivers.

All board members were present during the meeting.

The CCS board meets on the second Thursday of every month. The next meeting is scheduled for Sept. 8, at 7:30 p.m., in the North Clay Middle School Media Center.

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Why are they buying the Legion building? Moving Central Office there?

-- Posted by Bruther on Wed, Aug 17, 2011, at 8:15 PM

Didn't know that the School Board had the authority to break, or over ride the law. If the law says 200 ft, then it is 200ft, period. The board should have no say so.

-- Posted by Conservative Dad on Thu, Aug 18, 2011, at 6:37 AM

Thats odd. It is ok for mario to sell alchohol at the Alamo, but this small town gas staion that will hopefully be here when the Alamo is out of buisness for the secound time can't. I dont think either one should be allowed to sell it so close to the school, but this is just another case of the ignorant people in this town thinking mario is a supreme being. Wake up Brazil!

-- Posted by goodolboy on Thu, Aug 18, 2011, at 6:43 AM

If Fast Max was a person, he may "reside" at 939 E. National Ave. but as a building, I believe it would "sit", or "is located" at that address.

If the former American Legion had a "lean" of any kind on it, I wouldn't even consider purchasing it.

goodolboy: I agree.

-- Posted by Dagnabbit on Thu, Aug 18, 2011, at 7:16 AM

Yes, why wasn't the purchase of the former American Legion building explained in the article? I'm very interested in the intended use of this building.

I don't care if the Fast Max sells alcohol or not. My concern is not the purchase point of alcohol. Obviously even if customers were able to buy alcohol there, it will not be consumed there.

-- Posted by ClayCountyGuy on Thu, Aug 18, 2011, at 8:05 AM

$277,000 for the Legion and probably

that much more for the Williams property.

That doesn't even include renovations.

Why not buy one property for both offices...

Oh because that might save money.

-- Posted by patriotgames on Thu, Aug 18, 2011, at 12:04 PM

DAG - you beat me to the punch! ; )

GOODOLBOY - I hadn't thought about the ALAMO until you mentioned it .. but YEAH! I'd like an explanation of why YES to the Alamo, but NO to the gas station. Interesting.

That gas station has been here for years and years.

-- Posted by Emmes on Thu, Aug 18, 2011, at 12:20 PM

Now before I start I am not saying they should or should not sell alcohol, I am just going by what is posted as facts. The law states alcohol can not be sold within 200ft, it states that the new fast max is going to be at 187ft. Now that is a difference of 13ft. If I am not misstaken then the Alamo is more than 13ft from the fast max and outside of the 200ft boundry. Once again I am not saying it is right or wrong I am stating the facts of the matter it has nothing to do with a name of certain people within town or anything else it is the law. The Legion was purchased for a new central office aswell for anyone that wanted the information on that.

-- Posted by supporter on Thu, Aug 18, 2011, at 1:14 PM

So tell me why are we buying the Legion, and then doing ANOTHER appraisal on the Williams building???? WASTING TAX PAYERS MONEY!!! Money that could be spent somewhere else! Maybe use that money to just buy some ground and build a NEW building for the transportation dept, built to their needs! THAT'S AN IDEA! What in the world did we need with the Legion building anyway?!?! It just blows my mind that they have needed a transportation garage for about 3 years, but as soon as anyone else in the corporation needs a new building its right there and they buy it, no questions asked!

-- Posted by FireWife27 on Thu, Aug 18, 2011, at 2:35 PM

Ok so forget who owns which business, both exit out onto Naional Ave in front of the school. I can't be stone sober and get a case of warm beer at the gas station, but I could be served more than I possibly should at the restaurant ( be over .08) and drive off. Wow that few feet really made a difference! What happened Fast Max you should have greased the school corporations palm alittle.

-- Posted by goodolboy on Thu, Aug 18, 2011, at 8:06 PM

Also for as long as I can remember all school grounds have been smoke free. Can anyone name the man who was a school employee who was always seen driving around on school property with a pipe hanging out of his mouth? I know what it is I'll just let someone else post it. Here is a hint he is still there.

-- Posted by goodolboy on Thu, Aug 18, 2011, at 8:21 PM

I am sure that Lori Dalton said "there was not a Lien on the Legion" NOT "LEAN"..

-- Posted by dlm5148 on Sat, Aug 20, 2011, at 1:57 AM
Response by Brazil Times:
Thank you for pointing this out. It has been corrected.

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