Common Council - Regular Meeting

Did I call it? He didn't leave a business. Say you sit right there. I know.

I know. Nothing like a I don't know what that You're good with each other. He's

kind It's I'm like this. What happened? Hey, Good evening and welcome to the Monday, November 24th, 2025 meeting of the Martinsville Common Council. Meeting is hereby called to order. At this time, I would like to invite Pastor John Barrett from uh Who's Your Harvest Church to come forward with tonight's invitation. So, if you would please stand and then remain standing for our pledge. Thank you. Let's pray. Lord, we thank you so much. And Lord, tonight, even this Thanksgiving week, we uh just are grateful for our community, God, for your blessing, your favor on us. God, we

pray for your wisdom here tonight. We pray for your wisdom for our leaders, for um God, all of the community members to come together and just to make the best community that we can that honors you and that helps others. And so, Father, we dedicate this whole night to you. We ask for your favor for your blessing here on our lives and our families and our community in Jesus name. Amen. To the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all.

At this time, would Mr. Merida please call role? John Badger, present. Susie Lips present. Ben Mayan, present. Josh Faren, present. Ann Miller, present. Phil Decker, senior, back at medical rehab. Phil Decker the second. President. Mayor, we have a quorum. Thank you. Prior to tonight's meeting, you each receive the minutes of the Monday, November 10th meeting. Are there any additions or corrections to the minutes? I make a motion the minutes be approved as presented. I second that motion made and seconded to approve the minutes as presented. All in favor say I. I.

Oppos? No. Motion carries. At this time, I believe Police Chief Rick Lang has a special presentation. I just moved me out of the way.

We are. Thank you. Thank you. Best favor all week. Uh if it please council. Uh this is the fun part of this job is is to recognize uh some of our officers uh for the good work uh that they've done here recently. Uh and tonight is very special because we're going to recognize some officers for saving lives including tonight. In the last two years, I've given out four life- saving awards. In two of the cases, two lives in high prob probability were saved. Therefore, there are six souls that are still with us here on earth due to the heroism of the officers that we have here in Martinsville and the county. We are all aware that 90% of our council meetings usually have something to do with the budget as it well should as we want to be good stewards for the taxpayers's money. But what kind of price could you place on saving six souls from here in Morgan County and Martinsville? I would argue that you cannot put a price on it. Therefore, I believe it is fitting that we recognize a few of our officers here tonight for their heroic actions recently.

First, I would like to recognize Officer Patrick Patterson. We're going to give a brief synopsis of your good work. Okay. Is that okay with you? That's all right.

All right. Officer Patterson, on Saturday, October 25th, 2025, at approximately 0550 hours, you were in route to work near the 125 mile marker on Interstate 69 when you observed an Indiana State Trooper stopped in the left lane with the emergency light emergency lights activated. As you reduced speed to ensure the trooper did not require assistance, you observed an overturned jeep in the median with flames forming beneath the hood and debris scattered across the roadway. Recognizing the immediate danger to the motorist and first responders, you used your patrol vehicle to block both sides of travel, preventing further collisions and ensuring a safe working area. Moments later, you were informed by a good Samaritan that a second ve vehicle involved in the crash was located a short distance ahead and that a male could be heard screaming for help. You quickly responded to the second excuse me secondary vehicle located approximately 25 30 feet ahead. There you located a severely injured male lying on the ground with extensive trauma to his lower left leg. Demonstrating exceptional composure under pressure, you applied a tourniquet to the upper left thigh, effectively controlling controlling the bleeding and providing lifesaving care. You continued assisting until medical personnel arrived and aided in loading the patient into the ambulance. Your decisive actions, calm

professionalism, and willing willingness to intervene despite being off duty at the time represent the highest standards of Martinsville Police Department. Your response undoubtedly prevented further injury and contributed significantly to the victim's survival. Since joining the Martinsville Police Department in March of 2025, following your service with the Spencer Police Department, you have consistently de demonstrated dedication, sound judgment, and a commitment to service. This incident is an outstanding example of your character and professionalism. On behalf of the Martinsville Police Department and the community we serve, I extend my sincere appreciation for your bravery, quick thinking, and selfless actions. Respectfully, Rick. Yes. Enjoy. Okay, if I could have officer Quinton Oxendine and deputies Lidell and Carr

you Good tonight. Yes, sir. Good to see you.

All right. I'm reading this off the off of phone, believe it or not. So, I hope I don't lo lose service and let me get it real close. Saturday, November 8th, at approximately 0245 hours, Martinsville officer Quint Oxendine and Morton County Deputies Jonathan Carr and Richard Liddell were in the area of Schwab Drive in an attempt to serve a warrant. Upon arrival to the area, fire was observed coming from the outside of an unrelated residence to the warrant service. Deputies immediately attempted to extinguish the flames with fire extinguish extinguishers while Officer Oxendine attempted to make entry to the residence. Officer Oxendine approached the vehicle, excuse me, approached the the opposite side of the residence and located another door which was unlocked. Upon entering, Officer Oxundine located a Hispanic male laying fight face down, unresponsive. Officer Oxendine along with Deputy Lidell pulled the male to the front of the entryway where he began to regain consciousness. While officer Oxendine attempted to move the mail further from the residence, Deputy Lidell and Deputy Carr entered the residence in search of additional occupants. Deputy Carr and Deputy Lidell located an additional Hispanic male who was sleeping in a room to the left of the doorway. O Officer Oxendine completed a secondary search of the residence to confirm no additional occupants were located. Both males and law enforcement safely exited the residence before Martinsville

Fire Department arrived to take control of the scene. One Hispanic male was transported via ambulance to IU Morgan to receive further care. The second Hispanic male was checked by Morgan County EMS on the scene and released. Officer Oxendine self transported to IU Morgan to receive care for smoke inhalation, but he was released and expected to make full recovery. We would like to thank the following agencies for their assistance in this matter. Morton County Dispatch, Morton County Sheriff's Department, Martinsville Fire Department, and Morton County EMS. So once again, officers in this county exemplify the highest uh quality when duty calls. And it doesn't matter what we're wearing. You see that it's partnership out there. So first of all, congratulations. Anybody else?

Congratulations. Thank you, sir. Appcate,

deputy car. Thank you very much. Thank you.

I can't believe I got through that accident. Well, you're not that.

Oh, yes, I am. As many of you know, Chief White has decided to retire for the third time in December. I kept trying to tell him, "Mary doesn't want you at home. She's paying me for you to stay here, but he's he's not mine." So, we want to present him with a plaque. And I've known Rick for a long time, and it's been an honor to have him serve as chief while I've been married justice presented to Richard Lang in recognition of 51 years of service of law enforcement. So you started when you were 10 Well, this is very nice, unexpected. Um, thank you, uh, Mr. Mayor, and, uh, thanks you, council, and the board of works. uh 51 years. That's a heck of a ride, you know, and and uh um I don't even know what to say. I have nothing prepared, but uh at times like this, I think we usually, at least I do, think about who you're grateful for. And I'm grateful for everyone here. I'm grateful for the way that Morgan County

accepted this guy from Union County way away from here uh back in 1978. But I started my career in 74 1974 I think Carter was president. So So u uh but I go back to who I'm most grateful for and that's my parents. you know, it's uh I remember when I was a young boy and not getting very good grades in school. You know, this is pretty good for a kid that barely got out of the fourth grade. But, um, mom said it didn't didn't matter what you do uh for your vocation, just try to do the best you can. And uh later uh my dad told me, he says, "No matter what you do or no matter where you go for employment, always try uh to leave the place better than you found it." And then my uh father-in-law um none of who are no longer here. Uh soon out after I got out of the academy, I was all 23 years old and I was in good physical condition at 70 years old now. So I mean big difference. But he asked me if I'm uh as soon after I got out of the academy and he asked me if I wanted to go hunting. I'd never been hunting, you know. And I know I've told some of you this story, but but you're going to have to suffer through it again. But uh uh so I went with him not knowing what to expect, you know, and we go out

there in the in the country and along country old country road and he gets out two dogs and he points at that dog and he says, "See that dog there?" And I said, "Yeah." He says, "That dog won't get out of the lantern light." He says, "See that dog over there?" I said, "Yeah." He says, "That dog will hunt all night, all day, the next day, and you'll have to go get him. To get him off the track, you have to go find him." So he said, "Don't be like that dog." So Bud Stanton, 51 years, can I get off the track now? And mom and dad, I might have not left every place better than I found it, but I tried my best. and and now I get to go home and uh spend my my days with my best friend, my wife Mary, who's here, uh my granddaughter Tegan, and her mother Audrey, and uh my grandson Rhett, and my children, my dog Jake, my four llamas. Uh, so I've lived a blessed life and I've had a great career and thank all of you. I'd like say meeting a journ, but we've got other things we have to do. I know some of the officers are going to make their way out. Uh, we'll go on with our

committee report. Councilwoman Miller. Yep. I'm sorry. Mayor, do they have to stay for rodeo? They're like, pardon me. Um,

we had a um couple emails sent to us from Crystal uh advising us that Chief Lang I think everybody has this paper in front of you. Chief Lang had asked um that regarding uh background checks for the pedlers ordinance that basically the only thing that Martinsville Police Department can do is local background checks and and then D has been covered people in Morsville. So, um, what they're recom what Chief Lang recommended is that we go with the Indiana State Police background check and, uh, bring a copy of that into the Martinsville Police Department when they when they apply for their peddler's license. Um, the next page you can see it says it's $15.70. That's what it, you know, uh, what it says online. If we want to have anything more in depth than that, we would have to look into um a national criminal history check that requires fingerprints. Um I don't know if this is the direction that the council thinks we should go in as far as having an indepth uh background check. uh myself and Councilman Badger um you know just basically at this point kind of want to know where where the council wants to go on this

what's your recommendation I research I I Councilman Badger what do what do you think what do you what's your recommendation my re go ahead I just want to make sure if we do a background check that if we have solicit s come to town that the people that they're soliciting are safe and secure without any problems from those solicitating. So, um I think probably the state is probably going to be good enough. I think if you go to national, I don't know what that would cost may cut your solicitors down, but I don't know if it would be in line with what we would want to do.

You may want to think about doing it. I mean, if if the the pedaler is paying for it, you might as well request the large one because if you ever had them come to your or a lot of these companies that people are not from Indiana to begin with. True. So, you're going to be having a lot of those outside of the states that wouldn't cover their their background. So, I mean, if you're going to do it, if you're worried about the safety and so forth in the neighborhood. Well, that's what I'm worried about and that that's that would be my suggestion because most of the people that do it and they uh travel from state to state and stay hotels to do it. I'm not saying there's anything wrong with that, but if you're wanting to check for safety, I mean, that would not cover

the other states. That's what I'm saying. Yes, I'm okay with that. I don't have a problem. That that would be fine. So we can amend our ordinance to show that. Do we want to put anything in an amended ordinance that would u fine people that didn't I mean yes you should have a penalty associated with it all in one. So what uh because Mr. coffee will draw this up. Let's let's give him some guidelines so we're not

I'm sorry. Let's let's think of some penalties that we want to impose upon solicitors if they don't obey our ordinance and what's what's the reason. Ann and John, did you have any was there any insight in some of the other surrounding municipalities that I don't believe there was in that aspect of it. I think it should be pretty meaty of it when you know you're going to do something wrong should be higher than that. Yeah.

And and also I mean if if you're going to be looking at that I mean there's no rush in in doing this but when you're looking at it too forgive me does this encompass things like our children going door to door and selling our school fundraisers and things like that? I want to make sure we're not So, we're prohibiting things like that for our community, too. So, that's why I say it's be careful what we do. You know, sometimes we can create more issues for us than it's what's necessary. So, you're wanting like schools and non forprofits not to be in just as residents.

Yeah. So, I think that better look at a couple things as well. Because no, I I would not I would not want our families. Well, you couldn't get one from a minor to begin with, but you know, they're going to school activities and things and selling door to door. We don't want to restrict or cause any penalties for that because when you put it out there, that's the letter of the law and that can be enforced necessary and we we don't want to do create undue hardships for our community. Do you feel like we need to get a background check in that aspect or no background check? No, not for not for like the band or

Girl Scouts or something like that. Yeah. School groups. I don't think they would. I just want to make sure we don't get too restrictive here. Just make sure. And we're we're talking every we're going to include every um like school children because there's kids school districts that come into our neighborhoods to sell stuff. So, we're including everybody. Correct. Is that what we're saying? No. Well, I I don't think we want to get down to the children selling items for fundraisers for schools and things like that. I I I think we need to watch what we're putting in there. Yeah.

You don't want to get too restricted where you're creating a problem for yourself, right? That's going to be hard to enforce to begin with, but you know, every time the the league has a fundraiser going on, the school, the band, sure, you've got a lot of activities. And I'm saying this is not I don't think that's what we're looking for is to restrict things like that, right? We're talking like um these people that are like dropped off sometimes in neighborhoods out selling magazines, windows, they're going to, you know, coming through things like that. showers.

Do you want to say commercial or what? What did any of the other municipalities give you any guidelines on what or how they handled that? Not there was a clause in it for the nonforprofits not to be included included in it. Yes, that was in one or two of them. I do know that. But it didn't break down and mention any groups in particular just said non forprofits.

How did they validate profit? Like how do the validation process? Well, that didn't include that in any way, but I suppose you if it's a group doing it, you would have to have a proof of nonforprofit. I mean, it would be a 50c3 or If you anybody can say they're nonprofit, it doesn't mean that they're necessarily well if they have if they prove that at the time of filing for it. Then

I don't know $250 fine for not filing their a background check and filing a filing for a pedler's license. That's what you're recommending. That's what I'm recommending. Yes. What's the fee for the permit? I believe we said 40. We said $40. Cuz normally it's what? It was 25, right? Currently it's 10.

Well, currently it's 10. Um, just I mean I'm recommending 40. I don't know. Does anybody else have any

What was your estimated cost? As far as time, we have two hours of time committed to it for a $10 permit. Where we kind of got hung up, just for a little bit of background reference, for what it's worth, is the enforcement mechanism. I mean, you know, who's going to enforce this? How how are they going to enforce it? That was really where we were struggling. Well, the way of enforcing it would be the people that were being called upon would have to call in if they couldn't prove that they had the ID and everything. I mean, you would have to have callins from those that were being solicited,

right? But what we're running into is like people knocking on doors without their solicitor's permit and then when they are confronted by citizens, then they just vacate the premises and leave and then go on to two blocks down the road. So, I mean, you can have fees, but ultimately, if they're going to try to circumvent the system, how will we address that, I guess, is the big question from that's kind of why we initially brought to you I don't have an answer, so I wish I did. Um, because even if you put it in the hands of the police, if they call the police, by the time they get there, in all reality, that Well, that's true.

That's like a lot of calls they go to. I remember several years ago when our officers had that case because it wound up in a a civil lawsuit if I'm not mistaken, but it's been done before. So, I mean, it's not something, you know, it's not like they're going out patrolling for that. That's going to be something where a citizen calls in a complaint and says, "We've got this." And they're going to respond like they would to any other call. So, it's not like they're going to be out driving around and just a randomly checking. People are looking for them. So, it's going to be more of a reactive call, right?

Unlike the proactive calls that they they take. I just think whatever you put in there is going to have to have some type that expelled out in there. Currently, he doesn't have any enforcement mechanism built into her that would be spelled out that that the a um citizen would call him. Okay.

The the fill of the council right now is yes, you want to do an a state police background check. you like the $40 fee and you like the $250 fine if they don't comply, but it sounds like the hangup is going to be how we enforce that. Councilwoman Miller, one of you and Councilman Badger would happen to get with Dell Coffee. And since Chief Lang is going to be leaving us, uh maybe until we have a new chief, maybe Deputy Chief Manley could be in the meeting with you and maybe the four of you hammer some verbiage out, maybe come back, you know, maybe the first of January with something. Does that

sound agreeable with everybody? Yeah, sounds very agreeable. I'd be interested from Chief Lang or Deputy Chief Manley. Do we have a lot of peddlers complaints? It seems through the summer months

like how many a month? I know. I know. I had a window salesman come to the house last week summer and being a smart dog than I am. I said, "Well, where's your peddler's license? What are you talking about?" He turned around and walked away. So, if that would be okay. And then if anyone on the council has any questions or uh direction they want to pass along to Ann John then do so.

I I just told Counc Miller I I would suggest just just make it a flat 50 on your I said the 40 50 and then if you're doing your $250 fine and that may take care of some of your problems and the ones you're not I mean if they're serious about the product and it's something legit they're going to pay that and they may may discourage you from doing and that's $50 per person that they're using, correct? Per person that's selling. Yes. Who do peddlers go to to turn on this? To do what? Is it declared?

Police department. Police department. Yes. Okay. I mean, maybe we could communicate that. I mean, just what the process is. If you want to pedal or, you know, if you want to go doortodoor with something, here's the process. Here's who you go to. You know, make people more aware of it. Maybe more people be conscientious about it. Some sort of communication out there, especially if this is we're updating this, making it more current. We we can put that on website and on Facebook

once it gets passed probably. Okay. All right. Thank you. Thank you.

Uh we need to conduct four public hearings this evening. So without objection, the council will be in recess for the purpose of conducting public hearings. The first one is ordinance 2025-1905 additional appropriations reductions. Mr. Merida, uh, the first part of this will be kind of old news. We talked about this back in June at the at the workshop. Um, so fire with some of their change from retirees to new hires, they had overlap in salaries. Uh, so they need an additional appropriation of 165,000. We've already fixed that in the budget for next year. Um but as we talked about in June, we still you know rectify this issue for this year. Uh you also have police department same line item the salaries personnel uh that amount is for 200,000. Uh the reason for that is for the new accreditation program that they are in the process of doing is required two additional personnel. So that's to cover that expense. Again that's been corrected in next year's budget and the budget's going forward. The third item is for the park bond 2018. Uh the reason for that is we did not receive the invoice for that in December of last year like we were supposed to. Um for whatever reason that bond we can only get that invoice via mail. They do not have the ability to email it to us which is shocking in this day and age. But um so we did not get that December bill until January. Um so it's it's not a change in monies. It's just basically we encumbered the monies from last year to this year. But we need to, you know, keep our appropriation lines clean on that. Um, that's those two items. Um, then the reduction appropriation. I'll spend a little bit of time on this because to my knowledge, Martinsville's not ever done a reduction appropriation. Uh, one thing that we're noticing an unsafe building is going to kind of be the one I'll present to you first, but

there'll be others in the future most likely if if you're agreeable to this. We have some funds that they request budget monies for uh something that they're not going to do every year. So in this case, unsafe building had 31,000 and the purpose of that was to demolish buildings if they were need if they needed to. Well, this year they haven't needed to use that money. So we can do one of two things. We can just leave that and then budget for it again next year and then charge the property tax um you know constituents for that $31,000 again. Or we can do what's called an reduction appropriation, which basically what that does is says, "Okay, we're not going to use that money this year, but we're going to hang on to it and then we're going to put it in their budget next year, but not apply that towards the property tax rate because the the citizens have already paid for it. So that way we can just kind of carry that money over. Um, so talking to our financial advisor, um, this is kind of the conclusion that we came up to to kind of soften the blow on some of these one-time expenditures that sometimes just don't hit in the time frame that we expect them to. Um, and it's kind of a complicated process. So, if I didn't explain that well, please I'll try again. Any questions on any of that?

You're going to say that line item was still in there. It's still next year's budget. It is not going against your property tax for next year though because they basically will have the cash at the end of this year. Which one would be the most cost effective for the taxpayers doing the rec reduction appropriation? They've already paid for it for this year. So you're just basically encumbering that expense for next year. So just the reduction. Okay.

We're hoping to accomplish a few things with doing this. One, reduce the property tax, although be it this one's not going to move the needle much obviously. Um but also it forces the conversation every year. So if you see the same reduction appropriation two or three years in a row, then it should force the conversation of okay, do we even need this dynamic on things like that. So um I see multiple positives in it. There's no risk to it. You know, if we do miss one, then obviously I have to come to you for additional appropriation, which you know, obviously is not fun, but those those do happen. Does the council have any other questions for Mr. Meredith at this time? This time I'd like to open up to the audience anyone would like to address this topic. You may come forward and have two minutes. I don't see anybody charging to the podium. So we'll move on to the next item on the public hearings. Ordinance 2025-1906 will tax an MVL excise sir tax. Mr. Pierce.

Yeah. Thank you, Mayor. This is ordinance 2025-1906. It is an ordinance that imposes a municipal wheel tax and a motor vehicle license excise sir tax and creates the Martinsville wheel tax fund. There are two different categories of vehicles that contemplated by the ordinance uh and two different fees associated with those categories that would be assessed the BMV annually. Um and I think that covers them here. Okay. Council, I have any questions for Mr. Pierce or Mr. Merida?

So, is this on top of the state's wheel tax? Is that what we're saying? Yes, counselor. This is a this is a new um wheel tax. There was legislation recently passed at the state level that allows certain local governments to impose um this tax and um it would be in addition to state uh any state levy associated with the wheel tax.

What would the monies be used for? So, the legislation passed at the state uh enumerates a number of uh of what you can a number of items you can spend the money on. They all relate to um infrastructure and transportation, roads, uh anything that's directly related to the usage of vehicles.

Our recommendation is if you go forward with this is as we as Mr. Pierce suggested, setting up a fund for that. Um Then our suggestion would be to designate that as something that would be used for paving sidewalks only because the intent of that intent of this is to be give you the capacity to repair maintain your roadways. So that would be our recommendation to assign that right off.

So what's the projected tax to be received from Martinsville? uh if you passed it this year, you would not receive it until 2027, but the our our projection is right at 250 to 300,000 annually. Was it a set fee on the wool tax? I believe it is. Is it in this document? Yeah, I think um what's the question? The dollar amount. Yeah.

Yeah. There there are two different tiers. Um your traditional cars, trucks, vans, it's $25. And then um RVs, buses, semi-trailers, it's $40. Is this a tax the state already collects? I didn't hear those. Is it is this a tax the state already collects to a fund and this would be our allocation of that fund, a certain percentage of that? My understanding is that this would be an additional local levy on top of it on top of it. Correct. Yeah. Our our municipality does not currently collect it. So you the state does

the state collects it currently. So you would be requesting this will be monies. Basically you're getting a bigger piece of the pie. Are there very many cities our size that does this? I will I would be surprised if most if not all don't apply this in the next couple years with Senate Bill one. That's this is part of the um avenues that they've allowed municipalities to basically shift tax monies. So we'll be getting less property tax money. So they're trying to alleviate that blow. Um that way you have other avenues.

We're trying to create then I mean it's not really getting the the bigger part of the pie. were making the pie, right? My understanding is you're taking part of the pie from the state. They're allowing you to do that. So, we're taking part of their will tax there already. That is my understanding. Is that is that council? Is that correct? And the amount that they allow us to do, is that based off of the impact with all the additional traffic that we're seeing through here or is that separate? Yes, I I have a cheat sheet that Jeff Peters has given me. If the council would like, I can send that to you all. Yeah. I just like firm to find out whether we're creating a new tax or if we're taking from the states.

I can take the question to attorney Dale Coffee and have him follow up with you. I don't want to be wrong on the record here tonight. That's same. Well, we we wouldn't hold you to it,

but if you would I get that more information, please. I'd appreciate that. I will counsel you. Thank you. Does the council have any more questions for Mr. Pierce? Again, at this time, is there anyone in the public that would like to comment on this ordinance? Not next ordinance is ordinance. We have I just had a couple questions. My name is John Okconor. Uh, thank you for allowing me to speak. Um, is this uh just for Martinsville City? Is this Martin County?

This is a city ordinance. It would only affect city residents. So, so your budget goes up because of this. I mean, the amount of money you have to spend goes up because of this. Or is it flat? In other words, the state decreases, this goes up. I heard you talk about that. And will you address this at a future meeting? Yes, this is this will be taken up at subsequent hearings. My my understanding is that for it to go into effect next year, it would need to be taken up and passed at a December meeting. Okay.

Anyone else? Next on the agenda is ordinance 2025 1908 annexing certain territory of the city. Sun Energy Farms. Uh Cheyenne Hoffen.

Good evening, Mayor Cen and uh council. I'm Cheyenne Hawa. I'm the entitlements manager for Fourstar Group. We're under contract for a piece of ground um that's owned by Sun Energy Farms LLC. The owner is here today. Um and we are seeking to annex the land into the city of Martinsville um to in the future develop a residential neighborhood which will come in subsequent public hearings for resoning and etc. So we have a resolution and adoption of a fiscal plan in front of you guys today which outlines some of the information about services. Um I know I've been in talks with the mayor um as well as Gary Oaks about future projects that are coming that way that'll serve the site with sanitarian water as already planned to serve Faith Church to the north. Um we are the developer of Hannah Farms which is currently under construction for some new homes there next to Walmart. Um but I'm here to answer any questions you guys might have about the annexation and I appreciate you hearing me tonight. It was a cool meeting to be a part of with all the police acknowledgement at the beginning. So thank you. Could you again I apologize I know there's no map here I don't believe

it should is there later on down there Yep. So it's just south of Faith Church. The um our the property only fronts onto State Road 252 um but it backs up to you can't really see it from 252 very well right now if you drive by. It's pretty heavily wooded, but it's um just to the south of Faith Church that's on State Road 44. Thank you.

Any other questions for Cheyenne?

Okay.

Thank you. Is there anyone in the public this evening who would like to comment on this again? My name is John Okconor. Uh I live in the area. I received a notice last week from uh Tui Bailey Mor LLP. It's a law firm dealing with I presume FourStar. Uh, several questions and concerns. One was the quality of the homes going in. Um, I've seen some of the quality our kids live down in a subdivision not far from Walmart and the the quality of the homes is terrible. I don't know if it's the same sort of development, but I'm concerned with that. The gutter in their house was falling off within a year. U, I'm concerned about the access onto 252. It's very busy. it goes downhill in that area and um I could see foresee a lot of accidents there. That's a concern. Uh further annexation I understood from your deputy mayor that uh annexation has to be voluntary and that's a concern I have in the future that it may be involuntary. If you could address that. Uh let's see what else. Um my neighbor just mentioned that he was concerned about a stoplight in that area and whether there would be one on 252. Um we weren't given a lot of time on this. I mean I just got last week there were no plans. I was told that there would be plans online. I didn't see any plans as far as where it would be. I like a diagram picture. That's a concern. Uh why? Um

okay, address that. Um I think that's all I have right now. If you could address that or at some point and is this is this a complete deal right now? Are we just going through the motions? Uh are you have you already approved it? I I just don't public hearing to annex the property. And once the property's annexed in, then they'll need to go before the plan commission to show what their plans are for their develop. Okay. And that's Mr. Oaks. Well, no, that's plan commission. That's 11 member board. He's the planner. Yes. Okay. Okay.

But as far as I can answer your question about annexation, annexation was changed by the state a few years ago. Prior to that, the municipality could go in and take property similar to what the city of Martinsville did to some of the areas south of town around the Liberty Church um Liberty Christian Church area. Law changed. Now people have to voluntarily come in to be annexed and a certain percentage of their property has to be adjacent to the cities. So we just can't skip over some just because somebody wants to be annexed in, we can't skip over and go take them in without them being adjacent to us. Okay.

So the annexation laws are a lot different than what they were 10 years ago. As far as I know you mentioned the uh 252 access and I know I don't know if Cheyenne wants to address this or what but I know they are looking to also talk with uh Faith Church about possibly having a exit out on 44.

Okay, that's what Mr. Oaks I think told as well. And then as far as you mentioned the city utilities going there, we got a little some ready money that the county had that we have to use in 26 and that's how we're going to expend extend our water and sewer to your edge of the property. Okay. Thank you. My name is Daryl Gray. On the water and sewer extended, is that coming from the city or is that going to be pains water?

It's coming from the city. We we pushed our water and sewer underneath 69 three years ago. And again, the county has some funds from their ready one grant that they are going to give. They've given it to other municipalities too. Uh that will allow us to extend those services further east. Okay. And then when you're talking about the annex, are we just annexing that 60s some acres? Yes. Or they annexing anything around it? No, it's just the 60some acres. Okay. Mr.

And anybody that's familiar with 252, if you're headed east in the morning, the sun just blinds you. And that's what I'm worried about. If there ain't a stoplight, some somebody going to be pulling out some young kids going to school and they're going to pull out and they're going to just get run over. Well, if if a stop light would be needed there, that would come from the state. Okay, that's out of the city's jurisdiction. You can't see nothing with the sun in the morning. Especially if you got a little dew on your windshield. That's all I got.

Anyone else? Okay, let's move to the fourth item. Ordinance 2025-1909, additional appropriations. Mr. Merida,

so let's talk park bond again. Um, so with the issue that we had last year, um, it would be our request to um do an additional appropriation for the Bark Park park bond um in the amount of $90,48568. Uh the purpose of this would be to pay the park bond off a year early. Um not a huge amount of savings. It'd only save us about $7,000 doing this. Uh but it would get the bond off of our books a little bit early. Um and then alleviate the problems that we've had with that bond historically. Um it's just been problematic getting bills. Um the issue we had last December's happened a couple times in the life of the bond. Um but just not that old of a bond. Um, so Park has the cash to be able to do this. Um, so it wouldn't be a burden on the taxpayers. We'd just be using that money to pay the bond off and then as the property tax money came back in next year, we'd be paying the park back. So it'd be a net zero, but it would get the bond off the books early.

And did you say it would save $7,000 also? Okay. Yeah. not not as significant as some of the other bonds we paid off early, but it you know it it still still helps. But I might be wrong, but I thought you said they said that we could not pay that bond off early at the last meeting. That is the fire building that we cannot unfortunately.

Okay. Uh so the on the fire station our balance currently is right at 445,000. Still have a little ways to go. Yeah, we we we are prohibited from paying that one off early. We we signed uh there's a clause in that bond that prohibits us paying that one off early.

Any other questions for Mr. Merida on this ordinance? Again, open it up to the public if anyone would like to comment on ordinance 2025-1909. If not without objection common council meeting is back in session. First item on tonight's agenda for the council meeting is the first reading of ordinance 2025-1905 additional appropriations reduction. Mr. Merida, anything else you want to say the second time around? No, nothing else to to add to that.

Okay. Again, as this is the first reading this ordinance, no action will be taken this evening. The second item on the agenda is the first reading of ordinance 2025-1906, the will tax. Mr. Pierce, do you have anything? Nothing to add, mayor. And you'll you'll find out some of the information that they wanting or you'll pass that on to Mr. Coffee to bring it back to us. Taken significant notes u comments from counselors and I'll be taking that back to Mr. coffee.

Okay. Again, that's the first reading. So, no action is necessary tonight. Third item is the reading of the annexation of the Sun Energy Farms. Cheyenne, anything else you want to

address few of the comments that were given earlier? Thank you again for letting me come again. Cheyenne Hoffa, entitlements manager for FourStar Group Indianapolis. Um, FourStar Group is a residential land developer. We are not a home builder. Um, we typically go into contract with a home builder when we are about to start land development. Um, I do know that we've had some conversations about lot size and etc that are going to be different than what is in Hannah Farms. Um, so I assume that the home type will also be a little bit different as well. Um, but appreciate to hear all your guys's concerns. Um, as uh the mayor indicated, we are looking for some different points of access from the site. We understand um that there are some concerns for 252. We already went ahead and had a traffic study done and have reached out to INDOT to kind of start those preliminary conversations um about 252, but I think ultimately we'd like to find an alternative entrance to quell everybody's concerns about 252, but uh we're excited to bring another project to Martinsville. So, thank you.

Thank you. Also, fourth item is the first reading of ordinance 2025-1909 addition Appreciation Park London. Mr. Merlin, anything on that? Yeah, nothing for further to add to that one. Again, that is a first reading, so no action will be taken this evening. Next on the agenda is the first reading of ordinance 2025-1910, request for reszoning from Rooted Oaks Construction. Mr. Cassenic,

mic's not available. Okay. So, we have uh submitted, excuse me, Mike Cos with Rooted Oaks. Um we've submitted the ordinance for reszoning for the property on South Main Street. Um there are four lots along Main Street and then there's one adjacent to the east on South Street um that the ordinance includes. It's total of five lots. Two on the north side of the road, north side of South Street and then three that are along the south side of South Street on Main Street. Anything else? So to bring the council somewhat up to speed and and Ann help me fill in here if you will since you're on the plan commission too. There was quite a bit of discussion regarding this project at the council meeting or at the planning commission meeting. Uh it was sent to you as a council on a favorable uh recommendation. There were several neighbors that were concerned and prior to this meeting in Blank Mission, there was a uh public hearing, but there was so much discussion that we felt like we needed to open the floor this evening to the residents that wanted to say something. I know that each at the plan commission they were

given some liberty go over the time limit but tonight we're going to stick to two minutes. So if anyone Thank you Mike you may be seated if anyone from the community would like to get up and speak. Give your name your address and you have two minutes.

Stacy Hland 139 South Maine. This will be one house over from where I live. Main concerns are several. Uh the two minutes will try to keep it to a couple. Um after the last meeting we had, I sat on my porch and watched that intersection for a minute for an hour and 40 minutes. 17 cars rolled through that stop sign going both to the right or left or straight ahead. And this is in the afternoon after the buses have run. This is the slowest time of the day. 17 cars ran just rolled through it. Three didn't even try to appear that they were slowing down and just flat out ran it. One going left. Just wheeled around that corner. Now you're going to add upwards of 40 cars to that intersection entering, exiting, parking, and upwards of 75 people trying to live there, including children. first kid that gets clipped is on the builder because it's going to happen. It's not made for that many people. Now, you can hear about our property values going down, and they will, and I know our beloved Morgan County will keep our assessments high just so we feel good about it, but the actual resales are going to drop. R3 is not the right call. R2, make a build within the R2. That would be fine because there are some R2 buildings in our neighborhood. There are no R3s. That high density of a thing is bad. It doesn't meet the neighborhood. It doesn't help the neighborhood. It hinders it. It will tear down the basic structure of what our neighborhood is now, which is a lot of people who have lived there for three and four and five decades. And remember, it's also halfway

between poster room to the south and John R. wooden to the north and you're adding all those additional cars. Thank you. Thank you, Stacey. Anyone else?

My name is Brad Anderson. I live at 1190 South Main Street. Me and my wife, we've been there pretty close to 40 years. Some of you guys probably know where I live there. When they had these meetings, the the gentleman producing the plans for it, they were already told that the plans they had, they went 30 apartments there. They already to was already told that their plans did not meet square footage. They were too big. They're already taking out other rental homes that are being rented by the same people that own the property that they're wanting to have already changed the zoning on. If you go to Maryland Street, down one whole side of that street are all rentals. I think this is just phase one. They're going to end up trying to take that whole thing and put apartments in there. That's just my opinion. I think it's too dense. They're already looking at probably 130 people moving into that lot across the street from my house with a 30 with a three-story building there. I'll never see the sun sunrise again ever. Like you said before, I'm the guy I said all the cars running the stop sign. That's a fact. It's been going on for 40 years. They don't stop. But now you're going to have who knows 120 kids, 75 dogs, 100 cats. Uh there's inadequate parking. the people that had a house right next to it, the MLAN's or

Miguel's Migills, they already sold their house because they were going to put the dumpster and the dog park right next to their house. So, I talked to the guy that bought it that was in these meetings. He bought it. He's going to make another rental out of it. Do we want rentals or do we want home ownership in Martinsville? I think we got enough rentals we don't need anymore. If these guys want to redevelop that property, I have no problem with them building homes and selling them or leasing them to someone. But there's no home ownership coming out of their mouth. They're going to own it. They're going to run it. They're going to run it. They're going to run it. And when they get tired or they can't get it rented, it always ends up being session eight. Okay. Does

that mean my timer? Thank you.

Thank you. Um, my name is Rita Hanel. I'm 1200 South Main Street. Uh, we're right across from the building. Um, once again, there's going to be too many people crowded into a very small section with children and dogs. There's going to be extra noise. There's going to be danger for the children. um it's just too much for that small of a space and it's going to be rentals and those notoriously go downhill and then they're low income and then you have all kinds of drug problems and crime problems and I'm almost 80 years old. I don't want I'm peaceful. Our little neighborhood is very peaceful. It's it's a lot of homeowners and even the people who rent there, they're renting a home and so they're they're kind of normal and so we don't want that extra crowdedness. Just think about how you would feel with all that extra crowdedness in your peaceful little life. So, you know, we're asking for some sympathy and some understanding. Thank you.

Thank you. Anyone else?

Okay, I wasn't going to, but here I am. Mary Reiner, 1159 Maryland Street. School buses, turn that corner. They're parked in front of my house at 7 o'clock in the morning. That's how early. Then you're going to have 20 apartments with how many people trying to get in and out with the school bus? Because if the school bus knows that the homeowner's leaving, like they'll leave a gap because they know I go in and out. But are they going to like are they going to be parked on Main Street to turn? Okay, I'm going to let that go. My next thing is those homes were built the same year I was. So I'm guessing that the sewer line and the water line that goes down Main Street is 80 years old. Will it handle 40 toilets and 20 washing machines? Or will the city end up having to redo water and sewer lines because people are already having problems with water and sewer lines because they're old. like me. And one more thing, there is still a drainage problem down there. There's a drainage problem. The Kinsler house, some of you know what the Kinsler house is. It's the gray house on the corner that is not part of this project. Still has a mud puddle in front of it from the rain on the weekend. Will this construction that we don't want impact drainage? Because I get a flood in my yard if it rains heavy. Ritter's apartments on the corner usually have a big flood in their yard. There's a flood in the road from Main Street to Morton Avenue after a heavy rain. That's all. We don't want it. One more thing. Has there ever been an R3 that didn't go to, pardon my expression, We've got Lincoln Street. We've got what was

the courts? Anything beyond a double eventually over the course of years has gone down become a problem. Thank you. Thank you.

Okay.

Any again this is the first reading on this ordinance. Angie, 11:30 United South Main. One of the things that hasn't been said is they've never managed a rental property before and they're going to take on this big of a project as their very first rental project. When they first submitted their plans, they didn't have their paperwork right. If they can't get paperwork right, are we trusting them to run such a big rental project correctly? I don't I don't trust them at all.

Thank you. Okay. Again, this first reading on this ordinance or action needs to be taken tonight. So, I appreciate everybody's comments. I have Can we have a question or no? Sure. Um, is the owner of Rooted Oaks a resident of Martinsville? Uh, Mike, no. No, ma'am. Where does the owner live? He actually lives in Hamilton, Georgia. Hamilton, Georgia. Yes, ma'am. So, what does he know about Martinsville or the people that spoke tonight?

He's born and raised in Indianapolis. His career has taken him out of town. I live in Morgan County. I live on 144, I'm sorry, on 44, but um he was born and raised in Indianapolis, went to school in at Purdue University, and just through the course of his career has taken him to Hamilton, Georgia. Thank you,

Mayor. Do we have a map? I don't recall sending we have a map of that layout. I asked that because the very beginning and and I know I don't intend the planning zoning but before this went there at one time I was showing the map and I I heard it's changed a little but I was under the understanding that these were homes were going to be similar to the u town houses at the end of Main Street main and then I was told that they were going to look like the homes up here on East Harrison Street uh by the park the the condos that were sold. I'm just curious as to is it is it all rentals? are they going to be sold or and how many in there if if we get that information please.

So I can address a couple of the issues. So originally we thought um from what we found online that the density requirements were 3,000 square foot per um per family when you separate the plot you vacate replot. Um, we then found out that that information we found along with the zoning references that we had online on the vacate or on elevate website were incorrect. That's where the problem came in initially. Um, we since once we figure that out, it's 2400 square ft per family, which then reduces it from 30 apartments down to 23 apartments. So, that's where we're at right now. Um, and they are town houses is the initial plan. Um, we plan on meeting all of the R3. We're not going to ask for any variances. All of the R3 construction guidelines that you guys have, um, there's nothing that we're going to change there. So,

so, so would the owner have purchased it, the owner from Georgia have purchased it if it was an R2 and not an R3? Because he purchased after it was zoned. Correctly. Correct.

No. No. We're we're our purchase is based on zoning. Right now it's zoned commercially. So that goes back to um you know you could have a grocery store there, you could have a liquor store there, you could have a car wash there. The traffic would be 10 times what 21 apartments would be. But right now it's zoned right now. zoned the uh two of the lots on the on Main Street south of South Street are zoned um I believe it's B2 which is commercial and then the one empty lot it's an asphalt lot on the north side of South Street but on Main Street that's B2 as well and then the lot on the corner of Maryland and South Street is zoned R2 R2 and the lot south on Main Street, the furthest one south, that is R2 as well.

That's the town houses you're talking about now. No, they're they're actually just they're just houses right now. They're not they're not although it's zoned R2, they're just regular, you know, the town single family houses talking about marbles. Okay. Thank you. Now, I just want to clarify one thing, too. When you initially came in, I was told these were going to be condos and I made a couple comments to people. Well, don't worry, they're not apartments. They're going to be condos. Am I right or wrong? That's what I was told. I know. I know they're apartments now, but at first it was going to be

That's what we were told. That's what I learned here because we were told it was going to be upwards of $350,000. So, it looked like it was going to be high dollar condos like East Harrison Street and obviously them for sale. So, so these are going to be all rentals. These are rentals. They're going to be market rate rentals. Yes.

Which so the audience understands as well, I know we've been filing some complaints. I'm sorry not been able to get back to a couple of you yet, but u this is the first that the city council has gathering. Originally, we showed up flat a little larger and our our understanding was condos to be sold. So, we're looking for new homeowners and we kn the price 350,000. Obviously, it's going to be people that take care of it because I know I couldn't afford a person versus $350,000 condo myself. Um, and I just so we just need to gather up a little more information.

I think there may have been some confusion about the the phrase town houses and then maybe somebody assumed condos, but we've never I mean, it was never in our intention um to subdivide them up and make them into individual condos and sell them individually. It was always going to be just town home apartments. Any interest of doing that? Um, sure. Yeah, I wouldn't be I wouldn't be against that. And what they're proposing is threetory. It's not just a twotory town home. So, you may not be opposed to that, but that's not something this council can hear. That would be something you'd have to go back through the plan commission.

Well, we would when we we could. So the goal here is right now there are three the goal the goal here is the zoning. You're needing an R3. That's what the request is coming for. So that's all we're going to talk about tonight. Okay. So and again this is the first reading. No action needs to be taken. Okay. Yes sir. Thank you. Next on the agenda is a second reading in consideration of ordinance number 2520 2025-1899 setting salaries of elected officials. Mr. Merida

uh this is second reading of the ordinance 2025-1899 mayor said salaries of elected officials. So nothing was amended as of last meeting was the same as the first reading. This one we can take action on. Yeah. So, I make a motion. No crickets. I'm sorry. No crickets, guys. I can't.

Yeah. I make a motion to accept uh ordinance number 2025-1899 setting salaries of elected officials. Is this where I mean if there are comments from the floor we we need a second and again a second doesn't mean you necessarily agree with it. A second just means you're willing to have conversation if that's where we're headed. And you can even make a motion to accept something and not be forward. It's just we're wanting to have a conversation. Second.

Now motion made and seconded to approve. Any comments or questions or discussion.

If there is none, I will call for a vote. All in favor say I. I oppose. No. Motion carries. Next item on the agenda is the second reading in consideration of ordinance number 2025-1900 setting salaries of certain appointed officials and employees. Again, Mr. Meredith, I'm just verifying one thing. Yes. So, this is the uh ordinance 1251900 salaries of certain officials. This is the same as the first reading. I just wanted to verify the school crossing guard was still in there.

And is and we do not have comments from the public tonight, right? No, we have we had the public hearing earlier. Okay.

You said it was still included in this one. They Yes, sir. It is on I found page 10. Yes. Thank you.

Was there some conversation about Okay, we need a motion first and a second. Then we can have discussion. You've got discussion if I'm assuming correct Susan. Well, is this the one with the city court? I'm not finding my documents. Which one? Is this the one with the city court uh administrative assistant that we

So, so I'll make the motion to second. Yeah. So now motions made and seconded on ordinance 2025. Now discussion council.

There it is. There it is. We were going, I thought in our last discussions, maybe not last meeting, but the time before that we were going to allow some leeway for the clerk of the city court to have some flexibility with hourly rate. Is that true? Did does anyone recall that discussion? Yes, we had discussion over

was what was there? said that the the type of work that this administrative assistant did was more indepth and the degree of difficulty was such that running the office. Isn't that what we said? I think we were talking about changing a a title or something so Yes. Yeah. Am I am I correct on that? They're changing the title or so it didn't fall under the other clerks. I think is that what you're referring to? Yeah.

So, should we table should we can we table this one in until or just this one? I I thought my my understanding of it was that we had that discussion and that's why we raised that position to $25 two months ago knowing that when we gave everybody else their hour or dollar raise they would be in line with everybody else or everybody else would be brought up to them. That was my recollection. But then I thought at that time we said that we were going to do some research and find what other titles

I think that was uh treasurer man said that um it was not in the ordinance. You're going to have to look you add it. Is that correct or am I wrong? We would have to create a new job description. I know they recently asked for the current one. So, I would say that's probably something that we need to have follow-up conversation on if that's still the intention for everybody or may we can we may we call the judge up here for some clarification? Sure.

So, yes, we have had a conversation about how the mayor had concerns about her being called the clerk and having the same rate of pay as everyone else when we were asking for higher pay. So we the council decided that it would be best if she had a separate job title due to the difficulty of duties and that was different. And so yes, we talked to Perf. They said as long as we had some sort of writing from the HR department that she could be called judicial administrator/court clerk, then she would be approved for Perf. And we believe that it was supposed to be $26 an hour with this salary ordinance. We were never consulted about anything differently. I know the mayor had a concern, but once we talked about with the council how she had different job duties than a different clerk that she would qualify for a higher rate of pay. And I would direct your attention if that is still an issue to the clerk to the clerk treasurer actually makes no more than $29 an hour in this salary ordinance. So we're not asking for 29, but we're asking for 26. Everybody in our office, at least the two um our part-time girl was at 24 last year. She got a raise of 25. She came in later than Amy. Amy's the only one who didn't get a raise. And I believe in the mayor's last um hearing and video to the city, he said everybody in the city but these three people didn't get a raise. Well, Amy wasn't list as one who didn't. So, she should be getting a dollar raise. And if we need to change her title so that it appeases all the other clerks, then that is something we can do via Perf. And I think that would satisfy the mayor's concern of not having to raise everybody just because he wants all the clerks to have the same amount. Again, I would point that all the clerks don't really have the same amount in this salary ordinance, but it would make everybody happy essentially and change her title as you guys had requested.

Well, it might make everybody happy in the court, but I don't know how the clerks over at the water department and in Ben's office feel about it. But uh well that's why we change her title like was suggested. So that does alleviate that. It's just a play with words. Judge Terrell. Sure. But then maybe explain the clerk to the clerk treasur pay being $29 an hour.

I I can do that one. That's an easy one. So my office has to oversee over $50 million a year. The city court has to oversee 30 $30,000 a month or $300,000 a year. So it would be the equivalent of comparing a cashier at Walmart to the manager in the back that's that's overseeing all the money. And I would completely disagree because the code gives a lot of weight to this person. For example, if I go out and get hit by a truck tomorrow, who's picking the next judge? This person. It's what happened with me. Mark resigned. Becky appointed me. The code gives her authority over the record perpetuation fund, which is currently like $165,000 discretion with the judge to use those funds for certain things that's permitted by the code. The code, and I will cite to the code, gives this woman a lot more authority than someone in your office that you would equate to a Walmart cashier. So, Indiana code 333752, if you guys want to look it up, gives this woman lots of authority. And like I said, your clerks in your office, even Stacy, is supervised by a full-time clerk treasurer all the time. This woman works with little to no supervision running the court. And we had we hashed this out last time. We gave the complete list and the council did say it was interested in raising her pay if in fact we could change the name. We did our research. We found out we could. So we're here asking not for 29 because again maybe Stacy does manage a lot of that. Okay.

But I think per the code it's very justifiable that she have $26 an hour and be different than the other clerks. Was there also a funding you talked about beforehand if that was an issue or a problem or

correct? Yes. This doesn't come This does not have to come out. We're talking about $280 here on the year. This does not have to come out of the city budget. We have a records perpetuation fund which would justify that $2,80 that she would get on the year. The court has a separate fund. when it takes a ticket, a portion of money goes into that fund and it's only to be used for court recordkeeping. Her job is 50% of that right now. So, we can definitely justify $2,000 a year.

How would that be handled as far as payroll is concerned? I mean, it's an appropriated fund and it just it it's the same as it is right now. It's no change as far as systems. My office would have to separate that out to answer your question, but he already does because some of it it's it's not something that would be difficult to do. It it's kind of I'm guessing council badger. It's kind of like um if you look just at the first one off the the list here, executive assistant, the mayor, you see how the fund comes out general fund, city superintendent, plan commission. So it's going to be broke down that correctly.

So if that is your intention, we would have to amend this ordinance. What was the title again? Judicial judicial administrator SLcourt clerk. And it needs to really have court clerk in there because the code specifically identifies this person as a court city court clerk. Can't just eliminate it, but we can add to it. Thank you. Thank you. Any other questions? How does that affect this changing the title? You could change the title in here. You could also change the title in the job description. And then if you want to take part of that salary out of the record propitiation fund, we would just have to list it in here.

Is it going to delay the passing of this? Judge Gerald would have to work with Mr. Coffee on drafting the amendment to this so this year. Yeah. So that it wouldn't be delayed. I don't want to Can we propose we amend the title tonight? I wouldn't want to do anything without Mr. Coffey's oversight. No offense, Mr. Pierce.

None taken, ma'am. My understanding is that the the way that it's written now, yes, it would need to undergo the um a title job title change and then language to reflect any any increase in where the where the monies would be coming from. So, I Mr. Coffee had told me that if if if the if this body wanted to take up that issue, it would need to be amended and then brought.

So there there is a motion on the floor and there's been discussion. We could do a third and final reading at the next council meeting, but we would need for you to amend or withdraw your motion and then make another motion to take this up on a third reading. Is that right, Mr. Porter? Yes. So, I will withdraw my motion. We don't need any second or anything like that, do we? Mac on that. Okay. So, the motion's off the floor and I'll make the motion that we admend the title to

Yeah. Go ahead. I'm sorry. assistant judicial administrator, city cler court clerk. Thank you. Do I need to do anything? I think you need council require the

That's true. Okay, let's just we'll table just withdraw. Well, but then make a motion to table. I will. So, I'll withdraw my motion, all motions, and I request to table it. Second. Motion made and second to table the salary. Uh what are we working on? Setting the salaries of certain appointed officials and employees. All in favor say I. I oppose. No motion carries. Thank you. You got everything.

Uh, next on the agenda, consideration of resolution 2025-0718, the written fiscal plan for annexation of trails.

Did we skip? Did we skip a spinning plan is page. I I I apologize getting ahead of myself. Uh Mr. Merida, the comm redevelopment commission spending plan.

Uh so before you tonight, really for your information is a annual spending plan the RDC is required to submit to the DGF. They are also required to submit this to the city council for your information. um put it to put it in layman's terms, this is basically kind of their wish list. Um for you know if if the world were perfect and they had lots of money to spend, this is what you know would be on the wish list. So the only thing that's really on tap for them is to continue their debt payments for the redevelopment bond 2021 which is $82,000 next year that's required. So other than that, it's just kind of the wish list for you. It's just for your information purposes only. Are we allowed to ask questions about this?

You can and I will answer them the best that I can, but Okay. Um uh first one, what is the acquired additional land at WWTP? What's What is that? I do know that answer. That's looking at the residents that we have coming on in annexation. If we're able to take the fuel property in, we're going to be increasing our capacity out of our wastewater treatment plant. Right now, we're at about 55%. We get up to 75 80%, we're going to need to look to add on additional room. So, that is what that property would be for. Okay.

And my uh last one is what is permissible incentives? 200. Yeah. 2 million. I'm going to assume that is another way of of talking about how you want to attract businesses to come here, tax abatements and so forth. We've not given any tax abatements in the last six years for anybody. I have a hard time other than some of the ones that were downtown that were already in place that were carrying through. Uh I don't see the need to give any tax payments, but they put that in there just in case. You know, again, I use the example. If we had one acre of ground and we had 100 people want to buy it, that's one, you know, that's kind of way we are right now. And if we had 100 acres, only one person, then we need to incentivize people to to come in. We're not in that position at this point. Any other questions? Now we'll go to resolution 2025-0718. Cheyenne.

Hello again. I'm Cheyenne Hoffa, the entitlements manager for FourStar Group Indianapolis. Um this is a consideration of the fiscal plan which I referenced earlier. Um that has some information about services to the site and etc. Um, a lot of those we worked out with Mr. Oaks and some future projects that are already in the works. Of course, all of the infrastructure that will be planned on the future development that'll be considered at a later date will be installed at the cost of the developer for Star Group. Um, but open to answering any questions you guys might have. Any questions for Cheyenne?

I have none.

I would entertain a motion regarding resolution 2025-0718. And again, this is just for the land only, correct? Correct. If there's not going to be a motion, then it's going to die. So, does anyone want to make a motion? Then resolution 2025-0718 fails for lack of a motion. Prior to tonight, you were sent claims to review. Are there any questions or comments for the claims?

Make the motion to approve the claims as presented. Second motion made a second to approve the claims as presented. All in favor say I. I. I oppose. No. Motion carries. comments from the council tonight. Uh, yes. I'd like to um make a comment that I um being on the planning commission did not um send a favorable um I guess favorable and what what do you want to say? Favorable um recommendation.

Recommendation. Thank you. uh for the uh request for resoning. Um I felt that the remmonstrators um brought up many good points about that particular area uh being uh flooding um being very very busy. The one gentleman talked about all the the times that people ran the stop signs there uh all the buses that are in the area. Um I just I just did not feel that that particular um you know the the residents I was contacted they they are not opposed to you know development there such as houses but they're not in favor of an apartment building being built there uh a three-story apartment building and um I I can see their point.

I'd also like to make a comment about resolution 2025-0718. I just feel like I need to do more homework on that. I'm not saying I'm opposed to it. If I could have more time and maybe I don't know connect with you about some questions. Um if if that's allowable to since no motion was made. It wasn't voted down. Is it allowable to come back up? No, it's a dead motion dead resolution. Okay.

Reintroduced and go through that hearing. I understand talking to Mr. Coffee earlier. So you vote when you do not when a motion fails it is dead. Okay. So, it would have to go through the whole process again, which means a hearing. It's not require a public hearing. It would just have to be reddrafted and resubmitted and that would have to go through Mr. Coffee and and Miss Office offices to make that happen. Okay. Be assigned a new number and then brought back before the council and it's Thank you, Mr. Porter. Because it's a resolution, not an ordinance. Correct.

Resolutions do not require public hearing ordinances. Okay. And I too am not opposed to resolution 2025-0718. I felt like the uh remmonstrators that were here didn't feel that they had enough information nor enough notice of this um particular um annexation of the real estate. So that is my comment on that. I just don't feel like that that there was enough uh uh advanced notice for for the residents and or ourselves.

Okay. Um I know the the city did a great job of taking care of a signage issue at the rule king entrance across from Circle K. And thank you Mr. Strader. The employees said to thank you. one of their employees were struck and a couple of them had near hits. I didn't know if we could take a look at that intersection. They're complaining that cars coming on Ohio Street turning into the uh Rook King Shopping Center. The the pedestrian signal u the way it's set up they're saying people are no longer getting struck. I don't know examined or anything but I know the city can take a look at that employer pay asked. I don't know. Would you like that placed on the board of works agenda?

What's that? Would you like that placed on the board of works agenda? Yes, that's fine. And a lot of people don't understand when you're getting ready to go across and you'll see the little walking guy highlighted in a white light. Yeah, that's about six seconds. Then it starts flashing for about 18 seconds. And that's the white is to tell you to go. The flashing is get across. Exactly.

Yeah. So, we had that problem up here on Main Street about four years ago. Four years ago, Matt, it it met the state standards. It's just people were not did not understand how that really worked because some people they see it flashed in orange, it won't go. Now, you still got about 18 seconds to get across. So, is there any I mean, is there something just go Mr. Porter and have it put on the agenda for the water works. Anything else from the council? Wednesday morning, you'll receive a call for agenda items Wednesday morning at 8:00. You can send me back an email. And that's for both council and boards.

Um, I just have one additional question. um the crosswalk that is across from uh that goes across East Morgan Street uh in front of um the 915 restaurant. When when was that approved and I guess installed? That was installed what, three weeks ago? It was started probably six weeks ago, but it took them a while to come down and finish it. Okay. And that was something I guess I guess the board of works approved. It was actually to was the board of works or RBC was the board of works. Okay. Is there a reason why that intersection is highlighted so much and not anywhere else in the city?

Because of the amount of traffic that's going across here to the restaurant and especially at night.

We don't have that much traffic anywhere else on any other 7 8 9:00 at night. No. Also, I know councilwoman uh lips, I think Miller had some questions for you. I think another issue to address. I'm curious is the number of homes or plenty in that area. I'm worried now, I know we've taken on a lot. I worry about our ratio of our police and fire, the protection and things for that. And that's another thing I' I'd kind like to know a number as well, please. Thank you. Well, I hope that Chief Green, correct me if I'm wrong, we put a subdivision over there, Washington Township would be to willing to help us out on that.

Okay, great. Yeah. Anything else from the council? Anybody from the public want to comment on anything? I would like to say please have a happy Thanksgiving.

My name is Donna Burkart 9 West Edgewood. You mentioned the 1915 steakhouse and math. I think your idea of the offset parallel parking is great. However, who enforces that? Because after it's all been like that, see five cars there. Anytime there's a change like that, it irritates me, too. Drive right by and I still see cars pulling in there. I have noticed lately they're starting to catch on and eventually my hope is that we won't have that issue. But if we need to call the police to have them go over there and have some conversations, we'll do it. And the police Okay. Do you want me to call when I see it?

And and and I know I know the officers did go over and explain it, okay, to the owner of 1915 that we've we've made that for safety reason. You can't park out in the middle of the southbound lane on Hon Street. I get that. I'm a kindergarten teacher. We just follow the rules. And it drives me crazy when people don't follow the rules. Chad drawer, 560 South Ohio Street.

Good evening, Mr. Mayor and town council members. My name is Jana Gardner. Uh South Ohio Street, a neighbor of Chad.

We have a simple request. We just like the noise ordinance maybe reviewed, updated. We had a situation with a young man with a sound cannon subwoofer and it turned into she called the police, I called the police. Somehow he must have known who called because he started harassing and going around our neighborhood multiple times day after day. And I mean a loud s sound cannon. So, we just like to see if I know that they have I when I went by the police station too and reported this and they said that the sound or ordinance is from 1000 p.m. to 6 a.m. and basically they can't do anything from that time on 6:00 a.m. to 10 p.m. So, um, and I even gave, uh, examples of what if he parks in front of my house. I mean, he's because he slowed down at her house and he's, like I say, he just keeps going around around, but and I I sent uh Chief Lang a a message so they're aware of it. But, we just like to have a review. Maybe I69's coming in, the city's getting bigger. Um, just maybe review this. We have some names of different neighbors up and down Ohio Street that have heard this and and are kind of irritated by it and would like to also have something maybe reviewed.

So, who you know who's the councilman in your area? I don't know. What's your address again? 567 South Ohio.

I believe it's just me. I I I would say on besides that review and I'm I'm not going to I can defer to assistant chief man back there but I believe and you're talking about that noise ordinance but if you have multiple complaints that's that is disorderly conduct they can go around and give a warning and then they do not cease to desist then they can be cited for it. So if you have multiple at that time it comes in. That's the key thing. It's kind of like harassment and stalking. It can't be just a one time thing. It has to be multiple several. So if you have several of your neighbors that call in at that time that they that he is doing it, even though it's not that 10 to six as you say, it can still be addressed.

And and she had called and I had called and um I had actually had did it so much I got in my car. I found out where he lives. I turned in his address and his plate number. Um and it just kept going on and on. One thing it didn't stop was from 10 to 6. He was doing it up until midnight, 1:00 in the morning, but that did stop. But during the day, it just went on and on

because we and I'll just give you a little background and my years of experience being on council, we've gone through that because then you look at the the person that works the night shift. So 8:00 in the morning when they get off duty at 6:00 or 6:00 a.m., well, 8:00 is I mean, that's quiet time for them. And so you've got that imbalance there. So you have to it's kind of a each case needs to be looked at. It's unique and just because there's a certain times there there are different ways to handle the situation around them. And I can attest if I raise my hand because I have heard this it's it's a suburban if I remember. It's a Yukon block. Yeah. And has windows all open.

It literally rattles the back part of my house as he goes by. So, this is

I will attest to what they're telling you is accurate. And it does go on throughout the day, multiple times during the day, goes up Ohio Street to to Morgan, basically does a U-turn, and comes back down and goes down, I don't know how far south, probably a roundabout, comes back north again. So, it is an ongoing situation. So, like Councilman Deckard mentioned, you might just get your neighbors every time you hear it, call once, you know, if we can go through a month and you get maybe 10 complaints, now all of a sudden it's a nuisance and the police department can act on it. Okay.

And I'm sorry, Chief Wayne, I I was thinking you took your award and left. I apologize. So, I wasn't trying to

He wished he had to slide that one over. Yeah, I if I may speak to that a little bit. Uh I understand the issue. We've had uh complaints similar to yours uh in the past, not maybe not this one specifically, but for our officers to act, you know, there needs to be some kind of foundational breaking of an ordinance or law. And if it's not there, then you know, I guess you could you could uh get the phone calls that you're talking about, but uh it would if there was some kind of review of maybe an ordinance to make it easier for us to enforce. Uh because that's going to be the answer that you get is is if you call if you call uh the department and say, "Hey, I got this guy that's you know something similar to yours." We don't have a foundational thing to act upon at that point. You get uh five or six calls then maybe you know uh but uh it would sure help if there was some kind of foundational ordinance. uh that that could be enforced.

So, and I don't know how you would have to measure that. It takes some investigation. So, Chief Ling, I know I've heard Mr. Coffee recommend, you know, talk about the nuisance ordinance and so forth. What if you would get with Councilman Deckard and review the sound ordinance and maybe we revise it and we put in there some kind of nuisance clause in the noise ordinance? There's a couple different noises, too. It's not just radios. It's also a modified exhaust, and it's also animals. I visited this a few years ago and it just kept getting pushed back until it was forgotten. But I think

but it is animals as well cuz I was working nights and had a serious issue with something I could not get done about. So, I wanted to visit it myself. Uh, we do have a guy that lives in my district uh numerous times during the night. It's just this god awful exhaust or lack of exhaust that you can hear for blocks and blocks and these and these are extreme noises. Yeah, that we're Yeah, we're talking about extreme y things above normal.

Would would the two of you be willing to work with Councilman Deckard and Councilman Farren to maybe have a meeting then similar to what Councilwoman Miller and Councilman Badger is doing coming back with a recommendation that you know Mr. coffee can draw up an amendment to the ordinance. That way, we put the new nuisance clause into the noise ordinance. Now, we've got something the officers can act on. And if you'll see Mr. Porter, you have Josh and Phil's contact information to give online. It is online. Okay. will give you contact information. Okay.

Okay. Thank you. Okay. Thank you. Appreciate it. Could you remind us when the trash pickups are next on my list now? Mine's tomorrow. That's That's the only thing I've had to do all night. I've waited for two hours to be able to do it. Okay. No other announcements, no other comments. Um, all non-emergency city offices and services will be closed Thursday, November 27th, Friday, November 28th. Those who normally get their trash picked up on Thursday, George Grace, it'll be picked up on Wednesday. If you picked up on Friday, you're looking at Monday. Got it. Everybody got? Yes.

Wednesday. Yes. Thank you. Next meeting will be Monday, December 8th, beginning at 7 o'clock and hopefully it won't be this long. We are journ Happy Thanksgiving. Council member, just let you know when I was I can't find my