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Wednesday, June 12, 2013

Board of Works Minutes June 3rd 2013

Update - Here's the deal on the Farmer's Market and Flea Market Fiasco currently - I will not allow the posting of comments by EITHER side that I know to be complete and utter lies.  Get that? Either Side, not just one side.

The issue with the Farmer's Market is the fault of the people creating the Farmer's Market and no one else's.  No one can stop it even if they wanted to because as soon as they follow all the laws and codes, get the proper permits and insurance in place that is all that needs to be done.

It is a lie and very counterproductive for adults to blame someone else for their own inability to research an issue and then implement what they want to do.

As far as the Flea Market codes, the blame for that squarely lies on the owner of the Flea Market and whoever the Clerk Treasurer was at the time of the Flea Market opening for business.  I have no idea when that was so I don't know if it was the Clerk under Joe Wright or the one under Terry Dilk.  

Does that make sense to everyone? Business owners and the Politicians in this city seem to think that they can circumvent whatever law they want to just because they want to.  The real world doesn't work that way and neither does Beech Grove.


Update on this post. Someone just emailed me a Code Of Ordinance from the Beech Grove Code of Ordinances.  Also there is a link to BOW meeting. Very interesting audio.

It seems that someone didn't do their homework...

Can someone please tell me if an elected or appointed official for the City of Beech Grove can get heat if they choose to not enforce a law?  I ask this because this seems to pertain to the Flea Market and Consignment Shops in Beech Grove that existed before the last election.  Should someone with state government be looking at who was in charge then and why the people in charge now have to clean up the mess?


DEALERS IN SECOND HAND GOODS

Bookmark§ 115.35  LICENSE REQUIRED.

     It shall be unlawful for any person to engage in the business of buying, selling, or in any way dealing with used goods of any kind without first obtaining a second hand dealer's license therefor from the Clerk-Treasurer.  However, this section shall not apply to retailers who primarily in the course of selling such unused goods occasionally receive used goods as partial consideration for the sale of the unused goods, and dispose of them by sale or otherwise.
(Ord. 16-1984, passed 4-16-84)  Penalty, see § 115.99

Bookmark§ 115.36  APPLICATION FOR LICENSE.

     (A)     All applications for licenses required by this chapter shall be submitted on forms provided by the Clerk-Treasurer and applicants shall provide all information requested thereon.
     (B)     There shall be four classes of second hand dealers' licenses, as follows:
          (1)     Regular.  A regular second hand dealer's license may be granted to any person who sells or intends to sell second hand goods from a fixed location for a period exceeding 15 consecutive days in a calendar year.
          (2)     Transient.  A transient second hand dealer's license may be granted to any person who sells or intends to sell second hand goods from various locations for a period not exceeding seven days consecutively at any one specific location.
The license shall only be issued for, and valid at a location where, a person has been issued a "group" permit as defined herein, and the group permittee has sponsored the transient applicant.
          (3)     Group.  A group second hand dealer's license may be granted to any person who sponsors a used goods show at any one location for a period not exceeding 15 consecutive days.  The group permittee shall be required to set out the names and the addresses of each person the group applicant will allow to participate in the used goods show and the group applicant will be required to obtain a transient dealer's license for those persons that do not hold one.  A transient license is required of each person other than the group licensee who participates in the used goods show.
          (4)     Antique.  An "antique dealer" designation may be given any of the above three classes of second hand dealers' licenses upon the request of the applicant, who satisfactorily shows that he predominately deals in what is commonly known as antiques or works of art; and the Clerk-Treasurer, in his or her discretion, may make the special designation on payment of an additional fee (to that required for such second hand dealer's license) of $25.
     (C)     Any person may apply for and hold more than one class of second hand dealer's license at a time.  However, the issuance of one class of license shall not entitle an applicant to another class of license.
(Ord. 16-1984, passed 4-16-84)  Penalty, see § 115.99

Bookmark§ 115.37  LICENSE FEES.

     The annual fee for a license required by this chapter shall be $15 for each place of business of the licensee.
(Ord. 16-1984, passed 4-16-84)  Penalty, see § 115.99

Bookmark§ 115.38  ACQUIRING PROPERTY FROM MINORS, INTOXICATED PERSONS, AND THE LIKE PROHIBITED.

     It shall be unlawful for any licensee under this chapter to receive any article in the course of his business from any person who is in an intoxicated condition, a minor, or who is known or suspected to have acquired and be disposing of such articles unlawfully.
(Ord. 16-1984, passed 4-16-84)  Penalty, see § 115.99

Bookmark§ 115.39  RECORD OF RECEIPT OF GOODS TO BE KEPT; CARDS TO BE GIVEN TO POLICE.

     (A)     Every licensee under this chapter shall keep a record book in which shall be legibly written in ink in the English language at the time of receiving any goods the following:  An accurate description of the article received; the amount of money paid for it; the exact time of the transaction; and the name,  residence address, telephone number, age, color, height, weight, complexion, style of beard or mustache, if any; any visible distinguishing marks, style of dress,  and number of any license badge of the person delivering the goods to the licensee.
     (B)     The record book required to be kept by division (A) shall be open to inspection at all reasonable times by the police or the Mayor or his designee.
     (C)     In addition to the record book required by this section, all licensees under this chapter shall fill out one of the cards prescribed by division (D) for each article received.  The licensee shall fill out the front of each card in its entirety and the description of the customer on the back.  The customer shall write in his own handwriting his name and address on the back of the card and place his right thumbprint in the space provided.  If the right thumbprint is missing, any of the customer's fingerprints may be used. The thumbprint shall be made in the manner approved by the police and shall not be blurred or obliterated.
     (D)     The cards required by division (C) which are to be filled out shall be in the following form:
                     "REPORT OF SECOND HAND PROPERTY RECEIVED"
"Article                                Serial No.           
Maker's Name                             
Color, Style, Design                     
Marks and Further Description            
                                         
Purchase Price                           
Dealer's Name                            
Location                                 
Dealer's License No.                     
Date Reported                               , 19    "
     (E)     The back side of the card prescribed by division (D) shall be in the following form:
"Signature                               
Address                                  
Description of Customer - to be filled out
by dealer                                
                                         
Sex        Age         Height     ft.    
in.     Weight     lbs.
Race or Nationality                      
Clothing                                 
Complexion                               
Right Thumbprint                        ."
     (F)     Before the hour of 12:00 noon of each Friday, each licensee under this chapter shall deliver all of the cards filled out in the previous business week, pursuant to the requirements of this section, to the Chief of Police.
(Ord. 16-1984, passed 4-16-84)      Penalty, see § 115.99

Bookmark§ 115.40  RETENTION OF ACQUIRED PROPERTY.

     All property received by a licensee under this chapter shall be held intact by the licensee for at least 15 days after the article is purchased.  Whenever any licensee receives written notice, either from the Police Department or from an individual, that someone is maintaining a claim of right to possession of the property adverse to the licensee, the licensee shall keep the property in his possession or turn it over to the police if so required by the Chief of Police.  Once notice of an adverse claim to property has been given under this section,  the property shall be held for a period of 30 days, during which legal proceedings may be commenced to determine who is entitled to the property.  If the matter is not settled or legal proceedings have not been commenced within 30 days, the property shall be returned to the licensee by the police if held by them, and the licensee may dispose of the property as he sees fit.

(Ord. 16-1984, passed 4-16-84)  Penalty, see § 115.99


Go visit the Clerk for the City of Beech Grove and find out which parts of these minutes are true and which ones aren't...

http://www.beechgrove.com/2013-board-of-sanitationboard-of-works-meeting-videos.html

BOARD OF PUBLIC WORKS AND SAFETY MEETING MINUTES
MONDAY, JUNE 3rd, 2013

Mayor Dennis Buckley called the meeting to order at 6:00pm.
ROLL CALL: Board of Works Members Ed Bell, Sandra Seward and Mayor Dennis Buckley
present. Also in attendance, were Clerk Treasurer Dan McMillan and City Attorney Craig
Wiley.

MEETING MINUTES: The meeting minutes from the May 20th, 2013 were presented to the
Board. Sandra stated that the question she had at the last meeting regarding grass cutting was
actually from the mid-month April meeting, so she stands corrected. Ed Bell moved to accept the
minutes as presented. Sandra Seward seconded the motion; which was approved by unanimous
voice vote.
APPROVAL OF CLAIMS: Mayor Buckley gave a brief description of these claims.
 Corporate Claims - claims that require Board approval before payment is
made.

Claims in the amount of $717,729.00 were presented to the Board for approval.
Sandra presented the following questions on claims:
Sandra questioned a claim for travel expenses for police. Chief Swartz explained this was travel
expenses for 4 police officers to go to Washington DC.
Sandra also questioned a claim for Deem. Tom explained it was for repairs to the cooling unit at
the Community Center.
Sandra also questioned a claim for Fitzgerald & Fitzgerald
Sandra moved to accept the claims as presented. Ed seconded the motion; which was approved
by unanimous voice vote.
2
OLD BUSINESS: None

NEW BUSINESS:
Tom Hannon, Parks Director – presented to the Board, a “Letter of Request to Hire” college
student; Christopher Mauzy, to mow and complete other tasks in the Parks Department. If
approved his pay will be $10.00 per hour and he will work approximately 24 hours per week. It
is funded in the budget

Sandra asked how many college students the Parks Department usually hires for summer help.
Tom explained that he hasn’t hired any college students in recent years. He currently has one
college student that has been working in the summer for several years, but he will be taking his
CPA, so Tom thinks this will end soon. In the past, he also has used school teacher, Randy
Males, but because of the new school schedule Randy will be less available this year. The Parks
Department is also going to have someone working in the Parks, on the weekends, this summer,
in an effort to deter problems from arising.

Emporium and Beautify Beech Grove Committee- presented a letter requesting permission to
host a Farmers Market in the Emporium parking lot. Sandra asked if the market will be opened
on Saturday’s or Tuesdays. Julie Lockwood, secretary for Mayor Buckley, stated that the market
would be on Tuesday’s from 4:00pm to 7:00pm. Julie also stated that the committee has all the
necessary documentation to proceed forward, including approval from the MCHD, and approval
from the property owner. Julie further stated that this will be an actual farmer’s market. They
will not try to compete with the Emporium with flea market items. Marion County Health
Department has already been out to examine the restrooms and hand washing facilities at the
Emporium, since the farmer’s market will be using those. The Emporium will also provide trash
disposal for the event. Clerk McMillan questioned if the committee is a 501c3 Corporation. Julie
said that they are. Clerk McMillan also stated the City of Beech Grove will need to be named as
additional insured because of the past affiliation the committee has with the city. Julie expressed
her disagreement and opposition to the ideal that the committee would need to carry insurance.
The Clerk stated that because of the ties the Beautify Beech Grove Committee has had with the
City in the past, he does believe the committee needs an insurance policy listing the city as
additional insured. The Clerk stated that his job is to protect the city. Julie and Robin presented
other scenarios to the Board in an effort to proceed forward with the farmer’s market. Julie asked
City Attorney Craig Wiley for his opinion. Craig agreed with the Clerk. Discussion continued
with the Board, Robin and Julie. Mayor Buckley recommended tabling this until the next
meeting on June 17, 2013.

Sandra commented about the carnival that was held at the Emporium and a letter that she had
received from a concerned citizen. She stated that the as a Board, she and Ed approved this with
the understanding that the Emporium would make sure all the paperwork and permits were in
turned into the city. She also commented that the concerned citizen stated that it is the Board’s
responsibility to make sure all this is turned in. Sandra stated that she, herself, is not an expert on
Indian State Law; which is why they have Craig. She also questioned if the City received all the
paperwork, permits, insurance, and everything needed before the carnival opened. Clerk
McMillan stated that the city did not. Sandra asked why the City allowed it to move forward.
The Clerk asked who was going to shut it down. Clerk McMillan stated that he went to the
carnival at 2:30pm opening day and asked the gentleman where the permits were. He explained
to the gentleman that this was all approved by the Board with the understanding and agreement
that all the necessary paperwork and insurance would be on file before the carnival began. The
Clerk had already called the Marion County Board of Health and Homeland Security, so he did
know that the gentleman had applied for them. The Clerk also spoke with Chief Swartz to find
out if the background check had been completed. Chief Swartz had already been over to the
carnival and spoke to the gentleman. The Chief did state that Jessop had been shut down briefly
last year for lack of permits. The Clerk also spoke to the Fire Chief who was completing
inspections. The Clerk stated that it is not the Fire Department’s responsibility to inspect rides,
but they did go over and inspect the carnival. The morning after the carnival opened the
gentleman from Jessop did present to the City the necessary permits and paperwork. Sandra
asked what learning opportunities the Board can take from this. Clerk McMillan, stated that
going forward, all permits and necessary paperwork should be in order and on file before
approving these events. Ed asked who would close these events down if need be. The Mayor
stated that if it is ride related it would be Homeland Security. Mayor Buckley also commented
that it is more relevant for MCHD to inspect concessions while they are operating. He stated that
Homeland Security does annual ride inspections in the spring and then random inspections
throughout the year. Robin apologized for the short notice on the event. Next year she will be
sure to give the Board ample notice.

COMMENTS FROM MEMBERS: None
ADJOURNMENT:
Ed moved to adjourn the meeting. Sandra seconded the motion. The meeting was adjourned at
6:51pm. The next meeting will be Monday, June 17, 2013 following the 6:00pm Board of
Sanitation Meeting.
_________________________ ______________________________
Dennis Buckley, Mayor Dan McMillan, Clerk Treasurer
Prepared by: Dan McMillan

38 comments:

Kevin Roessler said...

258,025 at start of this thread.

Anonymous said...

Who is running this City? It seems the Mayor has no clue? His Chief of Staff has no clue? I do not envy the Clerk, constantly having to baby sit those two and make sure they don't break the law.

Anonymous said...

Homeland Security does nothing with permits and shutting them down. The mayor obviosly doesnt know what he is talking about.

Anonymous said...

The Mayor didn't even answer the question according to these minutes. He as usual put everything off on everyone else and took no responsibility. How bout just saying, they do not have the permits, therefore, I as Mayor make the executive decision (as we all know he is capable of doing at meetings) and shut this carnival down until everything is legal and safe. Thank you to BGFD and the clerk for going above and beyond your job duties to protect the citizens of BG. BTW, the documents the Mayors assistant said were all completed, she forgot to mention in the minutes, they were all done incorrectly. Still not legal. If it were, it would be up and running. Think about it. Check it out! Ask the clerk! Oh and magically she didn't have the documents to the clerk or at this meeting for proof. Now, does that make sense to show up for an approval yet not have all your documentation? I think not! I want the farmers market as much as anyone else, but I want it legal and no lies. Imagine that. legal. ha! New concept huh?

Anonymous said...

what? why hire a college kid for 24 hour a week now to help mow? No more LTD? Thought the Mayor stated on the news, they would continue to use them? Im all for using college kids, should have been done in the beginning, but is this the mayor backing away again from a problem? Anyone see any patterns here?

Anonymous said...

it seem that that what the mayor's problem is that he does not run anything past Kevin, Susie, Pam, Anthony, Dan, and of course members of this blog. But I bet if he did you guys would still bitch. Have you notice that grass is growing very quick and Tom needs more people besides the other grass cutting company. WOW it is summer bitch that people are using the parks too much and wearing them out. The mayor can call a meeting and close them. People get a life. The mayor is doing a great job. It does not matter how many twist and turns you put on these stories, the mayor if he runs again will beat your dream team.

Anonymous said...

I find this funny. Watch the video that these minutes supposedly summarize and you will actually hear and see the truth. The farmers market is a good thing. Instead of complaining and tyring to prevent this from happening, how about you take that energy and help make it happen. Dont bitch about it be about it. If all the energy wasted on complaining and preventing good things in Beech Grove was used to provide good things, events, and activities instead, BG would be a much better place.

Anonymous said...

Hey Julie, couldn't the same thing have been said about you just 24 months ago?

Anonymous said...

There is no video

Anonymous said...

http://www.beechgrove.com/2013-board-of-sanitationboard-of-works-meeting-videos.html

Kevin, here is the video you say does not exist.

Check it!

Anonymous said...

Hey if it's such a small number of bitchers and whiners, why wouldn't the mayor run again lmao

Anonymous said...

sorry where exactly did kevin say anything
dumbasses

Anonymous said...

maybe because that small number of whiners have no life and wish to ruin the lives of those willing to serve our city. These people will stop at nothing. Look how they have treated every Mayor prior to Buckley. Why anyone would ever want to go against those careless, heartless, lame excuses for human beings, baffles me. I would not be able to bite my tongue if I was their mayor.

Anonymous said...

Kevin said "there is no video."

Kevin Roessler said...

Hey Rocket Scientist....

Anonymous said there was no video I didn't. YOU PEOPLE are so busy trying to blame everyone else for yours and the Mayor's screw ups you can't even get a simple thing posted on the Blog right.

So used to lying it just comes naturally?

Anonymous said...
There is no video

Wednesday, June 12, 2013 at 2:02:00 PM EDT
Anonymous said...
http://www.beechgrove.com/2013-board-of-sanitationboard-of-works-meeting-videos.html

Kevin, here is the video you say does not exist.

Check it!

Wednesday, June 12, 2013 at 2:51:00 PM EDT

Anonymous said...

However, you posted the comment knowing the video was already posted.

Anonymous said...

Which is proof he post everything that people submit. He doesn't pick and choose like many of you have stated he does.

Anonymous said...

some lie for the mayor, some lie about that the mayor did when someone else did it, julie lies about what she was before and what she is now

she was the one inside the old mayors office providing information for the blog, she was the one bitching that all the committees and boards should be filled with the best people and not party people. she was the one who said that campaign contributors should not be given every contract and it should be the best contractor available. she is the one who said that EVERYONE should have access to any information they want and that ANYONE should be able to talk to the mayor. SHE WAS THE ONE WHO TRASHED JOEY FOX EVERY DAY FOR GETTING PAID 36K TO BE THE MAYORS GOOF AND NOW SHE IS GETTING PAID 49K TO DO LESS WORK THAN JOEY FOX WAS!!!!!!!!!!!!!

dont tell us about lies and the truth. the mayor and his crew are full of crap, that's why you dont see anyone defending them like you used to and people are jumping off the boards and committees like rats jumping off a sinking ship

Anonymous said...

I honestly think people are over the small group of people from "the other side" continueing to hammer those who do not agree with them. People see what Kevin allows to be done on this site. It is one thing to bring out the truth and lies of our city but it is something completely different when it turns to personal attacks from those behind a computer screen. I too will remain anonymous becuase I fear the personal bashing I would open my self to if placing my name on this post. I truly feel sorry for the people who continue spreading the lies and personal attacks on this site.

Anonymous said...

The current administration certainly had no hesitation during the campaign process to bash another candidate that was running on this blog, so why should you be so upset now that your 2 little girls are being bashed? Had they handled the money appropriately and set up the 501 c legally prior to raising funds and then when caught, still didn't fill out the paperwork correctly, then this bashing would not be going on. It's not bashing, it's calling them out for their wrong! For someone that runs a business and another that makes what she makes and "runs our city" you would think they would know better! Thank goodness for Mr. Mcmillan watching over things and not allowing them to continue until they had their ducks in a row. Don't believe me? Then ask why the Farmers Mkt isn't up and running yet! They claim they have settled everything and are legal, then where's the fruit?

Anonymous said...

personal vendettas will not win...shame on you Kevin.

Anonymous said...

Neither will illegal activities. No Im not Kevin. Nice try tho

Anonymous said...

The only people making this personal are the ones telling lies and lying about others

Anonymous said...

Please post all comments

Anonymous said...

How do you choose which comments dont get posted? I know, I must have done it incorrectly or the post must have been the truth because I dont see it...

Anonymous said...

Thanks to Dan the man and this site, Beech Gove will not have a farmers market. Instead, you are forcing people to go to any other small town, church, school, street, Greenwood, Noblesville, Carmel, Indianapolis, Cumberland, Broad Ripple, Franklin, Fishers, or any other place other than Beech Grove!

Thanks I you Beech Grove stands out amongst the test for all the wrong reasons. Maybe you should call Channel 6 and report how you purposely found a reason to prevent a good thing from coming to Beech Grove. Instead of being a normal person and warning the Beautify BG group about this new found law and helping them comply, you blindside them.

Do you not think maybe this law was outdated and no longer needed? Maybe that is why you had to dig back to 1984. Not only is Beech Grove not going to have a farmers market but just might have a lot more empty retail space in Churchman plaza because of the new found law. Nice work other side. Be sure to put this on your A-team campaign materials. I am sure this will do wonders for your election.

Anonymous said...

I find it very sad that some people feel that a Farmers Market will save this battered and divided city.

Anonymous said...

It is funny that when something goes wrong Buckley's crew has to blame someone else. Maybe if the spent some time researching what is required they would not of had these issues. I know that generation has a complex about things never being their fault and getting what they want, but come on. You are the administration of a city, act like a leader.

Anonymous said...

12:22 Typical. Blame the people trying to enforce the law not the lawbreakers. The 1984 ordinance you are referring to is directly below the Peddler's ordinance. Do any of you ever look at the law or an ordinance? I hope you realize the precedent you have set. If the Mayor's Assistant, Jacki Brown or any other contributor does not have to follow city laws why does anyone else?

Anonymous said...

And you prove everyone's point.

The flea market arrived in town under current Clerk Dan and now he is going after them with an outdated law and that is fact.

Is it true or will this be blocked from view?

Mz. Smith said...

If the law is on the books it'snot out dated, but in this changing world if the laws need to changed or updated that's pretty easy.

This whole thing is fixable and all the fussing cussing and discussing would stop if people did things properly instead of short cutting them.

Anonymous said...

Outdated it may be. We have had all kinds of flea markets in Beech Grove since 1984, however this law has not been brought up, discussed, or enforced. Now a group wants to bring a farmers market to town and the law suddenly appears.

Coincidence?

Anonymous said...

Well said, 9:14! It all smells a little fishy to me! I wonder what other laws are not being enforced and might "reappear" at convenient times in the future. Instead of worrying about changing the laws on chickens, the city should have been worrying about changing laws that prevent local businesses from being in compliance. Very disappointing.

Anonymous said...

No missed by lots of people, no one wants to stop the market you idiot, they just want it to be by the rules

Anonymous said...

Well said, 9:14! I find it interesting that a law was on the books for so long and not enforced until now. Instead of the council members worrying about chickens, why not fix laws that prevent current businesses in our city. If no clerk had enforced this law in many years, why is Dan suddenly trying to do so?

Anonymous said...

There are many laws on the book not being enforced, this was just plain overlooked by everyone including the people wanting the Farmers Market.

Anyone starting a business any where 1st thing, check the codes, laws, and regulations very standard

Anonymous said...

Overlooked by everyone except Dan! Good job making sure all businesses follow the law, Dan!

Anonymous said...

Nice job Dan! Thanks for preventing Beech Grove from improving once again!