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January 2009 Town Council Minutes

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January 8, 2009



Roll Call:

William J. Woodrum, Council President, Present

Mike Russell, Council Vice-President, Present

Michael L. Selch, Council Member, Present

Cheryl Russell, Clerk-Treasurer, Present


In Attendance:

Harold Blake, Town Attorney                           Beth Russell

Don Perry, Town Marshall                                Deb Woodrum

Mark Basham                                                   Wilma Williams

John Berry                                                        Richard Luke

Doug Clodfelter                                                Pam Luke

Doug Frazier


The meeting was called to order by the Council President at 6:01 P.M.  Minutes from the December 2008 Board Meeting were approved as written.


First order of business is the election of new officers for 2009.  Billy nominated Mike Selch for the position of Town Council President; Mike Russell seconded.  Mike R. nominated Billy for Vice President; Mike S. seconded. 


Billy then went into citizens input and noted that Pam and Richard Luke were in attendance.  Pam Luke asked the Council if they could make an ordinance or an amendment to the nuisance ordinance.   She then showed photos she took of lights that a neighbor has put up in his yard that shines directly at the back of her house.  She stated that the Town Council President (Billy), Donnie and Mark are all aware of the situation and they have told her there is nothing the town can do.  She wants the town to have an ordinance that pertains to flood lights\spot lights.  Billy stated that having an ordinance such as this would open up a can of worms because who’s to say what is a flood light or spot light as opposed to a security light.  There would be no way to word it specific to a flood light.  Richard Luke then stated that when drafting it you could say that the lights you put up should shine onto your own property and not onto someone else’s.  Pam stated that they are not the only ones affected by these lights, but they are however the only ones complaining about them.  She said there are five houses that these lights are shining on.  Richard Luke said that all they are requesting is that if you are going to have flood lights, that they be shining on your own property and not on everyone else’s. 


Billy stated that they would take all of this into consideration as far as an ordinance goes.  He’s not saying they will, but we can take that into consideration. Billy said he did not think there was any way the town could draft such an ordinance.  He also stated that this was not something that would normally be taken care of at a Town Council meeting, but that since they contacted not only himself, but also Mark and Donnie,  he wanted the

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record to show that Donnie has done everything that he knows possible.  He knows there have been questions and concerns from both sides but Donnie has gone above and beyond with this situation.  Donnie has an entire file and has made visits to both the Luke’s house and Mr. Harris’ house numerous times.   


Billy asked Harold if there were any laws pertaining to lights, etc.  Harold stated there is civil law wherein they could file a lawsuit and get some sort of restraining order or injunction against him over in Danville.  Pam then stated that he’s not worth it to them to spend money for a lawyer; Harold said he understood that but it may not be worth it to the Town Council to deal with the issue and they all needed to grow up and be adults.  Billy said that he knows this has been going on for a long time, but asked if there was some way they could all work this out.  The Luke’s stated that they have stayed away from him but nothing has been resolved.  They say the issue is with Mr. Harris.   Billy stated that there is a reason he has the lights on and Pam stated it is because he wants to intimidate and dominate and control our actions.  Billy then said that there has to be a way for them to work this out and asked if they had gotten together at all.  Pam then stated that they and a Hendricks County cop went to Mr. Harris’ and they all talked.  She said they turned their light off and that the county cop stayed until he shut his lights off, but the next night Mr. Harris’ lights were back on.  Pam stated that they left their light off.  Billy stated that he hopes this does not escalate into something where someone is going to get hurt.  That is his main concern.  Not just Pam or Mr. Harris but an innocent bystander in town.  Mr. Luke stated that that is why they are at the meeting requesting that the town talk to Mr. Harris and ask him to shine the lights in his own yard. Mr. Luke wants the town to make a new ordinance or add to the ordinance to illuminate your area only.  Harold stated that there is no way that he can draft an ordinance that is aimed at one person and there is no way that he can draft an ordinance to cover this particular issue without creating a hundred other issues with every other security light in town.  Harold stated that the Luke’s need to go to Danville to file a lawsuit against him for intimation or harassment.  And if they don’t have the wherewithal to do that then the Luke’s are going to have to find another way, outside of the Town Council, to resolve this situation.  Pam stated that she didn’t know anything about electric, he’s got the lights hooked to extension cords, he’s even got two of them hooked to a dimmer switch and in her opinion they are going to take a lot of heat and if his garage gets burned down are we going to be the first suspect?  Billy stated that this needs to be put to rest.  Mr. Luke stated that they have been trying that’s why they are here.  Billy restated to the Luke’s what the Town can and can not do and Harold has told you that the only resolution for you is to file a complaint.  Pam asked “So there’s nothing the Town can do?”  Billy said that from a legal standpoint there is nothing the Town can do.  Billy told them that they will have to find another way to solve this problem.  Billy told Mr. Luke that they have to do it legal.  Mr. Luke said that the way the council is talking that there is no legal way to handle it.  Harold said again, we told you the legal way to handle it but you decided that for whatever reason if it money or whatever that you don’t want to go to Danville, but

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there’s where it needs to be handled.  Billy reiterated that from the Town’s standpoint we can’t do anything about it.  Mr. Luke stated that they would handle it there own way.  Pam said that she would go to Danville tomorrow.  Billy said well if that’s what you want to do. Pam said that’s not what I want to do and it’s going to be money out of our pocket to fight something that the town should be trying to help on.  Billy stated again what the town can and cannot do.  Mr. Luke stated that they were wasting time.  As she was leaving Pam stated “Well I hope his garage don’t burn down.”


Harold stated that he thought Mike S. was going to take over as president.  Mike S. asked if there were any comments to be made regarding the water rate increase ordinance or is it ready to be passed on third reading?  Billy made a motion to pass the water rate increase ordinance, Mike R. seconded the motion.  The motion passed unanimously.  


Billy made a motion to pass the sewer rate increase ordinance on third reading.  Mike R. seconded the motion.  The motion passed unanimously.


Mike S. asked if anyone needed to be sworn in.  I said that I would swear them in after the meeting. (Mike Selch and Mike Russell)


Mike S. asked if anything needed to be done with the additional appropriation (MVH).  I told him that it was approved.


Mike S. asked for an update on Greentree.  I told the council that training would begin on January 20-22.  We will be sending out our fist water bills with the new rates.  I will fax a copy of the new rate increase ordinances tomorrow.


Mark stated that we’ve already gone through about $2,400.00 worth of potash and ice melt so far.  Hoping for snow and not ice – we’ll mix everything with sand.  Mark stated that we haven’t used as much it’s just that the price has gone up. 


Mark said that Doug has started cleaning out the garage. In February we’ll get together and see what papers we can get rid of.  Harold suggested that we contact Cindy Spence.

Mark suggested getting a shredder for the community.  Mark will contact Ray’s Trash Service to inquire about a shredder.  The Board agreed.  The recycle dumpster is working out fine.


Mike S. asked Mark about the hood at the fire station that is leaking.  Doug F. stated that when the metal brake gets fixed we’ll be done.


Doug Clodfelter talked to the Board about the inspection at the sewer plant back in October.  A violation letter was sent on the chart recorder for the flow meter.  Doug said that the letter goes to the President of the Town Council because you’re the owners. 

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Doug asked if he should get a copy of the letter and he was told no.  The response has to come from the Council and signed by the President.   The chart recorder has been installed but Doug needs someone to calibrate it.  Doug also addressed the power on the generator to come on automatically when the power goes out – that was set up a year or two ago but it’s so expensive to keep that going.  Doug said that we could go several hours without power and then turns it on by hand.  But according to the permit rules you have to have some type of alarm notification system, like a dialer.  So a dialer that would be at the plant and call Doug when the power goes out would cost about $1,500.00 and another $200.00 to have it installed.  The power for the lift station comes from the sewage plant. There’s no phone line for a dialer, but there are systems called Omni Sites that work with cellular signals and you can put them on a lift station and you can have wires on each contact and it will give you eight different alarms – ex: breaker one,  pump one, breaker two – it will give you pump cycle times, high water alarm, power goes out, so it will give you a lot more information and if the power goes out at the sewage plant that power will be out also so Doug would get notified that one or the other was out.  This would satisfy the inspector plus it would give Doug a lot more information about the lift station. Every night it reports on a web site the cycle times and run times.  Doug recommends spending approximately $18.00 per month for the web site and the cell phone bill.  Doug spoke with the inspector about this and she’s okay with it and he wrote a letter and will fax it to her if the Board agrees.  The letter states that something will be done within the next 4 to 6 months.  The Board agreed.


Doug stated that in a couple of months he needs to redo his land application permit.  Since we don’t meet arsenic levels right now that will be a red flag for getting the permit. 


Donnie had cards made to give to residents showing the times and dates that the police checked their property.  He also made a form for people to fill out when they go on vacation so he can check their property. 


Mike S. asked if there were any responses on the 5 or 6 clean- up notices. Donnie gave an update.  He suggested sending a few certified letters and clear up what needs to be cleaned up and help another with selling a vehicle. 


Harold stated that the Zurchers are at a standstill at this point because they don’t know what the town’s position is going to be on giving them title to the ground (alleys to be vacated).  They didn’t want to pursue any further until they found out what the town’s position would be.  Mike S. asked if the town needs description of the alleys to sign it over to them.  Harold said that they have all of that information.  It’s just whether or not

the town agrees to give up the ground.  Mike R. asked if the town can do that legally.  Harold said yes.  Billy asked Mark if there was any possible reason why the town would need to get by their property and he said no.  Harold suggested that the town would agree to vacate with the understanding to maintain utility easement rights.  Harold said that he will let the Zurcher’s know that the town council will cooperate.  The Board agreed.


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Mike R. made a motion to reinstate Harold as the town attorney.  Billy seconded the motion.


The Board accepted the 2009 Holiday Calendar.


The Board agreed to stay with Ray’s Trash Service.  I will ask Ray’s to give us a quote for the curb side heavy trash pickup in the spring. 


Mike S. said that the online workshop that he planned on doing with IACT (state budget and school funding, etc) didn’t happen.  He’ll wait for another session.


Mike S. mentioned that there is no change in the census boundaries for the town.  Mike will send an e-mail letting everyone know. 


Mike R. commented on the recycle dumpster.   He thinks it’s good.  He’s seen several people using it and he’s used it a lot. 


Wilma Williams spoke about growing up in North Salem then moving to Indianapolis and then to Idaho and is now back in the area.  She was asking about the Apple Annie’s business.  She wanted to know if the town would zone that as a residence.  Mike S. said that it is zoned commercial business and isn’t sure if the two can be mixed.  Mike stated that he thought she would have to go to the County Area Planning Commission.  It would have to be applied for by the owner then it would go through the county.   Ms. Williams said that she just opened a business in Clermont, known as Wicked Motor Sports.  She would like to promote the business by having rides.  She asked about facilitating space for 200 or more motorcyclists before pursuing the rides.  She stated that she wants to bring a family oriented group to the area. She wants to put money from the rides into the town.  She spoke about different rides and would like to promote trail rides and put money back into the town with shopping, eating, buying gasoline, etc.  She’s asking for consideration from the town to bring more solid plans to the board regarding the rides and parking and rides would have to be coordinated with the restaurants, etc.  Mike R. asked what her plans were for Apple Annie’s and she thought of just a place for people to hang out. 


John Berry spoke about action being taken to form a county wide fire department.   He has concern about trustee’s positions being done away with and if that happens what will happen to our township volunteer fire department?  He wanted to make the Board aware of this.  He’s trying to get a meeting together with Jeff Thompson, Dick Thompson, and Joyce Greene and see what the options are to prolong or prevent this.  He thinks it will happen one way or the other.  He knows several towns that are taking over the fire departments in their township.   He’s afraid that our equipment will be sent to another fire

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department somewhere in the county and other equipment distributed different places.  The town already owns the building but if it inherits the equipment and the township goes away then the fire department still has its equipment.  He thinks that this might be a good thing to do and do it quickly.  Mike S. said that when he and John spoke with Dick Thompson he was supposed to know something by December 18th and Mike said that when he talked to him close to that date that there was already a shifting line in the sand and he didn’t know what was going to happen, but he just got an e-mail from Becky Skillman on Tuesday about notification of the state’s large deficit problems and its mandatory that they’ve got to do that by state law so there’s going to be shifting going on there.  There’s also an article in The Flyer about McCloud’s Park and there is scheduled ten million dollars to be spent.  There will be buildings put up, trails, and access to the north.  Mike S. spoke for the Board when he said that they would do everything they can and we’re also locked in to the fire department on our grant for four more years.  Harold suggested a task force meet every first Thursday of the month after the Town Council meeting at around 7:00 or 7:15 p.m.  They should meet every month for a while to see how long they would need to meet.  And if they can’t meet because John would have a chief’s meeting then maybe they can meet at 5:00 or 5:30.  John will e-mail Mike S. and let him know.



There being no further business the meeting was adjourned at 7:22 P.M.



Michael L. Selch, Council President



William J. Woodrum, council Vice-President



Mike Russell, Council Member





Cheryl Russell, Clerk-Treasurer   


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