The Common Council of the City of Mitchell met at 7:14 p.m. at Mitchell City Hall in the council chambers. Members present were: Mike Eager, Rosemary Brewer, Billy Arnold, Dwight Moore and city attorney Bill Mullis.
Mayor Terrell called the meeting to order.
Mayor Terrell read the “Judgment” made by “special judge” William E. Vance in the matter of Everett Ferrel’s property and if Ordinance # 2008-25 was an effective way to correct what the council feels was an error made in Ordinance # 9-79. It was decided by the judge that there was no error made in the ordinance # 9-79 and that you can’t correct an error that was never made. It was his decision that Ordinance # 2008-25 “is contrary to the law of the State of Indiana.” “The Court declares Ordinance # 2008-25 to be invalid, void and of no force or effect.”
After reading the judgment Mayor Terrell read a prepared statement and declared that Councilman’s Ferrel seat to be vacant. At that point Todd Young an attorney stood up and identified himself as the city council’s attorney. This statement was challenged by Councilman Mike Eager as he was not aware of any meeting the council had to make this decision. Mr. Young went on to say that the judgment did not state that Mr. Ferrel could not be on the council. After some discussion and comments the Mayor moved ahead with other business.
Minutes from last meeting were reviewed; Rosemary Brewer made the motion to approve, second by Mike Eager, all in favor.
Request for a road block on June 27 th was made by the Mitchell Stingers a 7 and 8 year old traveling baseball team to help pay expenses because they don’t have any sponsors. Billy Arnold made the motion to approve, second was made by Rosemary Brewer, passed by 3-1 as Mike Eager opposed.
Vicky Schlegel, chairman of the Mitchell Persimmon Festival, addressed the council about the streets that will be needed and blocked off to automobile traffic for this year’s festival. She provided a map of the streets as well as a calendar showing the dates. Billy Arnold made the motion to approve the dates and street closures, Mike Eager made the second, all in favor.
Mayor Terrell brought to the council a request for the city park to have a name change. Vicky Schegel who helped with the construction said that she was opposed to the change that it was named in accordance with the wishes of the Park Board and not to honor anyone separately. The topic died due to the lack of a motion.
George James, Clerk-Treasurer, brought Resolution # 2009-R06 to the council. This is to amend Resolution # 1-2007, sec. two (2) to extend (b) to two (2) years. Mike Eager made the motion to approve, second was made by Billy Arnold, all in favor.
Dwight Moore made a statement as to why the council obtained their own council. Mike Eager again questioned how they hired Mr. Young without including him (Mike Eager) in the process.
Dwight Moore brought up the Resolution to move to centralize the dispatchers to Bedford. After much discussion the topic died.
Mayor Terrell introduced an Ordinance to legalize golf carts on the streets of Mitchell. He read the ordinance to the council; Mike Eager made a motion to suspend the rules on adoption of an ordinance, second by Billy Arnold, all in favor. Mike Eager then made the motion to adopt the ordinance, Billy Arnold made the second, all favor. The ordinance will be effective 07-01-09.
Donald Drake who lives at 10 th and Crawford St. and Rex Fox who lives at 454 E. Vine ask the council to vacate the allies behind their homes. These allies have never been used as ally ways. City attorney Bill Mullis will take these requests under advisement.
Becky Gerkin brought information in on the “puppy mill” issue as well as all other animal related problems for the council to review. She had prepared a document to address these issues and gave the council copies for them to review.
No other business at this time.
Mike Eager made the motion to adjourn, second by Rosemary Brewer, all in favor.
Next regular meeting is scheduled at 7:00 p.m. on 07-06-2009 at City Hall.
Submitted By: ____________________ Date_________
Attested By: _____________________ Date_________
President City Council
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